Scaffolds - Erection

1. (1) In this Regulation,

"adequate", in relation to a procedure plan, material, device, object or thing, means,

(a) sufficient for both its intended and its actual use, and

(b) sufficient to protect a worker from occupational illness or occupational injury,

and "adequately" has a corresponding meaning;

"allowable unit stress", in relation to a material, means,

(a) the allowable unit stress assigned to a material by the standards required under Ontario Regulation 413/90 (the "Building Code"), or

(b) if no allowable unit stress is assigned under clause (a), the allowable unit stress for the material as determined by an engineer in accordance with good engineering practice;

"approved", in relation to a form, means approved by the Minister;

"blocker truck" means a truck that weighs at least 6,800 kilograms and has four-way flashers and a mounted flashing arrowboard sign;

"boom" means the projecting part of a backhoe, shovel, crane or similar lifting device from which a load is likely to be supported;

"Building Code" Repealed. [O. Reg. 345/15, s. 1]

"caisson" means,

(a) a casing below ground or water level whether or not it is designed to contain air at a pressure greater than atmospheric pressure,

(b) an excavation, including a water well but not a well within the meaning of the Oil, Gas and Salt Resources Act , drilled by an auger and into which a person may enter;

"cofferdam" means a structure constructed entirely or partially below water level or below the level of the groundwater table and intended to provide a work place that is free of water;

"competent worker", in relation to specific work, means a worker who,

(a) is qualified because of knowledge, training and experience to perform the work,

(b) is familiar with the Occupational Health and Safety Act and with the provisions of the regulations that apply to the work, and

(c) has knowledge of all potential or actual danger to health or safety in the work;

"conduit" means a sewer, a water main, a duct or cable for a telegraphic, telephonic, television or electrical service, a pipe or duct for the transportation of any solid, liquid or gas or any combination of these items and includes a service connection made or intended to be made thereto;

"confined space" Repealed. [O. Reg. 628/05, s. 1]

"Construction Health and Safety Branch" Repealed. [O. Reg. 145/00, s. 1]

"crash truck" means a blocker truck that is equipped with a crash-attenuating device;

"critical weld" means, in relation to a suspended work platform, a weld the failure of which could result in the complete or partial collapse of the suspended work platform;

"excavation" means the hole that is left in the ground, as a result of removing material;

"excavation depth" means the vertical dimension from the highest point of the excavation wall to a point level with the lowest point of the excavation;

"excavation width" means the least horizontal dimension between the two opposite walls of the excavation;

"fall arrest system" means an assembly of components joined together so that when the assembly is connected to a fixed support, it is capable of arresting a worker's fall;

"fall restricting system" means a type of fall arrest system that has been designed to limit a worker's fall to a specified distance;

"falsework", in relation to a form or structure, means the structural supports and bracing used to support all or part of the form or structure;

"fixed support" means a permanent or temporary structure or a component of such a structure that can withstand all loads and forces the structure or component is intended to support or resist and is sufficient to protect a worker's health and safety, and includes equipment or devices that are securely fastened to the structure or component;

"flammable liquid" means a liquid with a flash point below 37.8 degrees Celsius and a vapour pressure not exceeding 275 kilopascals absolute at 37.8 degrees Celsius;

"form" means the mould into which concrete or another material is to be placed;

"formwork" means a system of forms connected together;

"freeway" means a controlled-access highway that has a continuous dividing median and a normal posted speed limit of 90 kilometres per hour or more;

"full body harness" means a device that can arrest an accidental vertical or near vertical fall of a worker and which can guide and distribute the impact forces of the fall by means of leg and shoulder strap supports and an upper dorsal suspension assembly which, after the arrest, will not by itself permit the release or further lowering of the worker;

"generic installation drawing" means a drawing and related documentation, if any, that,

(a) identifies components, configurations and load limitations of a suspended work platform system or powered boatswain’s chair,

(b) is intended to be used at any location where all of the requirements in the drawing and documentation are satisfied, and

(c) bears the seal and signature of an engineer confirming that a suspended work platform system or boatswain’s chair installed in accordance with the drawing would be in compliance with the requirements of this Regulation;

"guardrail system" means an assembly of components joined together to provide a barrier to prevent a worker from falling from the edge of a surface;

"highway" means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles;

"longitudinal buffer area" means the area of a project between the end of a lane closure taper and the start of a work area;

"magazine" means a place in which explosives are stored or kept, whether above or below ground;

"multi-point suspended scaffold" Repealed. [O. Reg. 242/16, s. 2];

"multi-point suspended work platform" means a suspended work platform more than 750 millimetres in width or a system of suspended work platforms in which any one platform is more than 750 millimetres in width that is supported from an overhead fixed support system by at least three primary load-carrying means of suspension to maintain the stability of the work platform or system of work platforms;

"non-destructive test" means one of the following methods of testing or examining a material, component or part to evaluate its condition without subjecting it to physical distortion, damage or destruction:

1. Eddy current testing.

2. Magnetic particle testing.

3. Liquid penetrant testing.

4. Radiographic testing.

5. Ultrasonic testing;

"professional engineer" Repealed. [O. Reg. 375/22, s. 1]

"public way" means a highway or other street, avenue, parkway, driveway, square, place, bridge, viaduct, or other open space to which the public has access, as of right or by expressed or implied invitation;

"rated platform capacity" means the combined weight of occupants, tools, equipment and other material that the manufacturer has indicated can be safely carried by a suspended work platform, work platform module or boatswain’s chair;

"roadway" means the travelled portion of a highway;

"rotary foundation drill rig" means a drill rig used for boring holes in soil for the placement of foundations or earth retention structures but does not include a drill rig that,

(a) is used for geotechnical sampling,

(b) is used for drilling water, oil or gas wells,

(c) is a rock drill or a diamond drill,

(d) is a digger derrick,

(e) is used for digging holes for posts, concrete forming tubes, poles or light standards,

(f) is a pile driver without an auger,

(g) is a horizontal boring machine, or

(h) is a tunnel boring machine;

"safety belt" means a belt worn around the waist of a worker and all the fittings for the belt appropriate for the use being made of it;

"safety factor" means the ratio of the failure load to the specified load or rated load;

"safety net" means a safety net that complies with section 26.8, and is located and supported in such a way that it arrests the fall of a worker who may fall into it without endangering the worker;

"self-erecting tower crane" means a tower crane that is capable of being erected without the use of ancillary equipment;

"service shaft" means a shaft by which people or materials are passed into or out of a tunnel under construction;

"shaft" means an excavation with a longitudinal axis at an angle greater than 45 degrees from the horizontal that is used to pass people or materials into or out of a tunnel or that used as an access to a boring or augering operation;

"sheathing" means the members of shoring that are placed up against the walls of an excavation to directly resist the pressure exerted from the walls of the excavation;

"sign truck"means a vehicle that has,

(a) four-way flashers and a mounted flashing arrowboard sign, or

(b) a portable trailer with a mounted flashing arrowboard sign;

"site-specific installation drawing" means a drawing and related documentation, if any, that identifies components, configurations and load limitations of a suspended work platform system or powered boatswain’s chair for use at a specific site;

"strut" means a transverse member of shoring that directly resists pressure from a wale;

"suitable", in relation to a procedure, material, device, object or thing, means sufficient to protect a worker from damage to the worker's body or health;

"suspended work platform system" means an access system comprising one or more overhead fixed supports, one or more suspension lines, hoisting devices, if any, and one or more work platforms that can be moved vertically, but it does not include a boatswain’s chair or a multi-point suspended work platform;

"tower crane" means a travelling, fixed or climbing mechanical device or structure that has,

(a) a boom, a jib or both,

(b) a power-driven drum and wire rope to raise, lower or move material, and

(c) a vertical mast;

"travel restraint system" means an assembly of components capable of restricting a worker's movement on a work surface and preventing the worker from reaching a location from which he or she could fall;

"traverse", when used in relation to a multi-point suspended work platform, means to move the platform horizontally, in a controlled manner, along the building or structure to which it is attached;

"trench" means an excavation where the excavation depth exceeds the excavation width;

"tunnel" means a subterranean passage into which a person may enter that is made by excavating beneath the overburden;

"underground", in relation to work, means inside a shaft, tunnel or caisson;

"vehicle" means a vehicle propelled by mechanical power and includes a trailer, a traction engine and a road-building machine;

"wale" means a longitudinal member of the shoring that is placed against the sheathing to directly resist the pressure from the sheathing; and

"work belt" means a belt that has a back support pad and a connecting hook at the front and that is capable of supporting a worker.

(1.1) Every non-destructive test required by this Regulation shall be carried out and interpreted by a person,

(a) who has been certified by Natural Resources Canada to the appropriate level in accordance with the version of the CAN/CGSB Standard 48.9712-2014 , Non-destructive Testing - Qualification and Certification of Personnel, as it may be amended from time to time, that was in effect at the time of certification; and

(b) whose certification described in clause (a) is valid at the time the test is carried out and interpreted.

(2) In this Regulation, a short form listed in Column 1 of the Table to this subsection has the same meaning as the term set out opposite to it in Column 2.

TABLE

[O. Reg. 631/94, s. 1; 145/00, s. 1; 85/04, s. 1; 628/05, s. 1; 345/15, s. 1; 242/16, s. 1, 2; 142/17, s. 1; 375/22, ss. 1, 5; 241/23, s. 1]

115. No barrel, box or other loose object shall be used as a work place or as a support for a ladder, scaffold or work platform.

125. (1) Where work cannot be done on or from the ground or from a building or other permanent structure without hazard to workers, a worker shall be provided with a scaffold, a suspended work platform, a boatswain’s chair or a multipoint suspended work platform that meets the requirements of this Regulation.

(2) A worker who is on or under a scaffold, a suspended work platform system or a multi-point suspended work platform while it is being erected, altered or dismantled shall be on a part of the scaffold, suspended work platform system or multipoint suspended work platform that meets the requirements of this Regulation.

[O. Reg. 242/16, s. 9]

128. (1) Every scaffold,

(a) shall have uprights braced diagonally in the horizontal and vertical planes to prevent lateral movement;

(b) shall have horizontal members that are adequately secured to prevent lateral movement and that do not have splices between the points of support;

(c) shall have footings, sills or supports that are sound, rigid and capable of supporting at least two times the maximum load to which the scaffold may be subjected without settlement or deformation that may affect the stability of the scaffold;

(d) shall have all fittings and gear, including base plates or wheels, installed in accordance with the manufacturer's instructions;

(e) shall have connecting devices between frames that provide positive engagement in tension and compression;

(f) shall have safety catches on all hooks; and

(g) shall be adequately secured at vertical intervals not exceeding three times the least lateral dimension of the scaffold, measured at the base, to prevent lateral movement.

(2) A scaffold shall be constructed of suitable structural materials and, if lumber is used, it shall be construction grade or Number 1 Grade spruce.

(3) A scaffold mounted on pneumatic tires shall not be supported by the pneumatic tires while the scaffold is being erected, used or dismantled.

(4) If tubular metal frames are used to support masonry units on a scaffold platform, each frame leg shall have a minimum working load of,

(a) twenty-two kilonewtons for standard frames; and

(b) 16.7 kilonewtons for walk-through frames.

130. (1) A scaffold shall be designed by an engineer and shall be erected in accordance with the design if the scaffold exceeds,

(a) fifteen metres in height above its base support; or

(b) ten metres in height above its base support if the scaffold is constructed of a tube and clamp system.

(2) Design drawings for a scaffold shall set out erection instructions and the rated loads for the scaffold.

(3) An engineer or a competent worker designated by the supervisor of the project shall inspect the scaffold before it is used to ensure that it is erected in accordance with the design drawings.

(4) The person carrying out an inspection shall state in writing whether the scaffold is erected in accordance with the design drawings.

(5) The constructor shall keep at a project the design drawings and the written statement for a scaffold while the scaffold is erected.

[O. Reg. 85/04, s. 12; 375/22, s. 5]

131. Only a competent worker shall supervise the erection, alteration and dismantling of a scaffold.

139. (1) An employer shall ensure that, prior to the first use of a suspended work platform system at a project, the entire system, including its suspension lines, has been inspected, tested and maintained in accordance with this Regulation, the manufacturer’s instructions, and clause 11 (Inspection and Testing) and Clause 12 (Maintenance) of CSA Standard Z271-10 .

(2) The employer shall ensure that the inspection, testing and maintenance referred to in subsection (1) is completed by,

(a) a competent worker; or

(b) if the CSA Standard Z271-10 requires the inspection or test be performed by a person with specific qualifications, such person.

[O. Reg. 85/04, s. 14; 242/16, s. 11]

142.2 (1) A multi-point suspended work platform and all its components shall be designed by an engineer in accordance with good engineering practice and with this section.

(2) A multi-point suspended work platform shall be designed to support, in addition to its dead load, live loads uniformly distributed over the platform surface of at least,

(a) 2.4 kilonewtons per square metre if the platform is to be used for masonry work;

(b) 3.6 kilonewtons per square metre if the platform is to be used for demolition work or for storage of masonry units or other related material or equipment; or

(c) 1.2 kilonewtons per square metre in any other case.

(3) In addition to the loads specified in subsection (2), a multi-point suspended work platform shall be able to support or resist,

(a) 1.1 kilonewtons concentrated on an area measuring 0.3 metres by 0.3 metres that is located on the platform at the position having the most adverse effect on the component under consideration;

(b) the wind load determined in accordance with the applicable provisions of the Building Code, based on a one in ten probability of being exceeded in any one year; and

(c) any other loads likely to be applied to it.

(4) The wind load referred to in clause (3)(b) may be reduced by 30 per cent if the engineer who designs the multi-point suspended work platform determines that it is appropriate to do so and indicates in writing that he or she has made the determination.

(5) Subject to clause (2) (c) and subsections (3) and (4), the engineer who designs the multi-point suspended work platform shall determine the minimum specified loads for erecting, dismantling, traversing or otherwise moving the multi-point suspended work platform.

(6) If a multi-point suspended work platform is to be used for abrasive blasting operations, there shall be an additional load allowance for the accumulation of grit on the platform to a depth of at least 25 millimetres.

(7) Subject to subsection (8), in designing a multi-point suspended work platform and its structural members, the following values of load factors, as described in the applicable provisions of the Building Code related to Limit States Design, shall be applied to the load requirements referred to in subsections (2) to (6):

1. Live load factor = 3.0.

2. Dead load factor = 1.5.

3. Wind load factor = 1.5.

(8) In designing the suspension and anchorage system of a multi-point suspended work platform,

(a) the value of the live load factor shall be 4.0;

(b) the value of the dead load factor shall be 2.0; and

(c) the value of the wind load factor shall be 2.0.

(9) Despite subsections (7) and (8), a multi-point suspended work platform and its components may be designed by working stress design if the safety factors for the multi-point suspended work platform and the structural members are at least equal to what would otherwise be provided under those subsections.

(10) Despite subsections (7) and (8), if the failure load of a component has been determined by testing, the minimum safety factors shall be,

(a) 3.0 for components of the multi-point suspended work platform;

(b) 4.0 for components of the suspension and anchorage system; and

(c) 10.0 for wire ropes, cables or chains used for hoisting, traversing or otherwise moving the multi-point suspended work platform.

(11) The failure load of a component referred to in subsection (10) shall be verified in writing by an engineer.

(12) A multi-point suspended work platform shall be designed, constructed and maintained in such a way that,

(a) the failure of one means of support or suspension will not cause any part of the platform to collapse or fail, under the most adverse loading condition as determined by the engineer who designs the multi-point suspended work platform; and

(b) compliance with subsections (7), (8), (9) and (10) is maintained in all fixed and moving conditions.

(13) The design of a multi-point suspended scaffold shall include adequate movement-limiting devices to be used when traversing or otherwise moving it.

(14) Before a multi-point suspended scaffold is erected, the constructor shall ensure that the engineer responsible for the structural integrity of the permanent building or structure from which the multi-point suspended work platform is suspended provides a written report approving the design loads imposed on the building or structure by the multi-point suspended work platform.

(15) Design drawings for a multi-point suspended scaffold shall include,

(a) a statement by the engineer that the design meets the requirements of this Regulation;

(b) the size and specifications of all components, including the type and grade of all materials to be used;

(c) the load factors and safety factors for the multi-point suspended work platform and all its components;

(d) all the specified loads, including the loads during erection, dismantling, traversing and otherwise moving; and

(e) the procedures for erection, dismantling, traversing and otherwise moving.

(16) The design drawings shall be followed, subject to subsection (17).

(17) A deviation from the design drawings is permitted if the deviation,

(a) is approved, in advance and in writing, by an engineer; and

(b) complies with this Regulation.

[O. Reg. 85/04, s. 15; 242/16, s. 1, 12; 142/17, s. 19; 375/22, s. 5]

142.3 (1) Before erecting or dismantling a multi-point suspended work platform, the constructor shall give notice, in person, by telephone, by fax or by electronic means, to the Ministry office located nearest the project.

(2) A multi-point suspended work platform shall be inspected by an engineer to determine whether it complies with the design drawings, or the design drawings subject to any deviations approved under subsection 142.2 (17), as the case may be,

(a) after it is erected but before it is first used; and

(b) if the multi-point suspended work platform is moved to another anchorage position, before it is used there.

(3) The inspection under subsection (2) shall include a determination of whether all components are in adequate condition.

(4) The engineer who conducts the inspection under subsection (2) shall prepare a written report of the inspection.

(5) The written report is a positive report if it indicates that,

(a) the multi-point suspended work platform complies with the design drawings, or the design drawings subject to any deviations approved under subsection 142.2 (17), as the case may be; and

(b) all components are in adequate condition.

(6) Subsections (1), (2), (3), (4) and (5) do not apply to a multi-point suspended work platform whose platform area is six square metres or less.

(7) A competent worker shall inspect a multi-point suspended work platform each day before it is used.

[O. Reg. 85/04, s. 15; 242/16, ss. 1, 13; 375/22, s. 5]

142.4 The constructor shall keep at the project a copy of,

(a) the written report under subsection 142.2(14);

(b) the design drawings under subsection 142.2(15);

(c) any written approvals under subsection 142.2(17); and

(d) the written reports under subsection 142.3(4).

[O. Reg. 85/04, s. 15]

142.5 (1) A multi-point suspended work platform shall be erected, dismantled, traversed or otherwise moved only by a competent worker under the supervision of a competent person and in accordance with the design drawings, or the design drawings subject to any deviations approved under subsection 142.2(17), as the case may be.

(2) Before a worker is on a multi-point suspended work platform for the first time, the employer shall provide the worker with adequate oral and written instructions for using the multi-point suspended work platform, including,

(a) the manufacturer's instructions or an engineer's instructions;

(b) instructions on the load limitations;

(c) instructions in, and a hands-on demonstration of, the proper operation of the scaffold.

(3) A worker who is to erect, dismantle, traverse or otherwise move a multi-point suspended work platform shall, in addition to the instructions set out in subsection (2), be given instructions in the procedures described in clause 142.2(15)(e).

(4) No person shall use a multi-point suspended work platform until the design drawings described in subsection 142.2(15) have been given to the constructor and the following documents have been prepared and given to the constructor:

1. The report described in subsection 142.2(14).

2. A positive report described in subsections 142.3(4) and (5), if applicable.

3. Any approval described in subsection 142.2(17), if applicable.

[O. Reg. 85/04, s. 15; 242/16, ss. 1, 13; 375/22, s. 2]

188. (1) This section applies unless the conditions set out in clauses 189(a) and (b) are satisfied.

(2) No object shall be brought closer to an energized overhead electrical conductor with a nominal phase-to-phase voltage rating set out in Column 1 of the Table to this subsection than the distance specified opposite to it in Column 2.

Table

(3) Subsections (4) to (9) apply if a crane, similar hoisting device, backhoe, power shovel or other vehicle or equipment is operated near an energized overhead electrical conductor and it is possible for a part of the vehicle or equipment or its load to encroach on the minimum distance permitted under subsection (2).

(4) A constructor shall,

(a) establish and implement written measures and procedures adequate to ensure that no part of a vehicle or equipment or its load encroaches on the minimum distance permitted by subsection (2); and

(b) make a copy of the written measures and procedures available to every employer on the project.

(5) The written measures and procedures shall include taking the following precautions to protect workers:

1. Adequate warning devices, visible to the operator and warning of the electrical hazard, shall be positioned in the vicinity of the hazard.

2. The operator shall be provided with written notification of the electrical hazard before beginning the work.

3. A legible sign, visible to the operator and warning of the potential electrical hazard, shall be posted at the operator's station.

(6) Before a worker begins work that includes an activity described in subsection (3), the employer shall provide a copy of the written measures and procedures to the worker and explain them to him or her.

(7) The worker shall follow the written measures and procedures.

(8) A competent worker, designated as a signaller, shall be stationed so that he or she is in full view of the operator and has a clear view of the electrical conductor and of the vehicle or equipment, and shall warn the operator each time any part of the vehicle or equipment or its load may approach the minimum distance.

(9) Section 106 also applies with respect to the signaller designated under subsection (8).

[O. Reg. 627/05, s. 7; 345/15, s. 23]