Legislation
Construction Projects
O. Reg. 213/91Part I GENERAL
Section 14
14. (1) A constructor shall appoint a supervisor for every project at which five or more workers will work at the same time.
(2) The supervisor shall supervise the work at all times either personally or by having an assistant, who is a competent person, do so personally.
(3) A supervisor or a competent person appointed by the supervisor shall inspect all machinery and equipment, including fire extinguishing equipment, magazines, electrical installations, communication systems, sanitation and medical facilities, buildings and other structures, temporary supports and means of access and egress at the project to ensure that they do not endanger any worker.
(4) An inspection shall be made at least once a week or more frequently as the supervisor determines is necessary in order to ensure that the machinery and equipment referred to in subsection (3) do not endanger any worker.
(5) A competent person shall perform tests and observations necessary for the detection of hazardous conditions on a project.
Section 15
15. (1) An employer of five or more workers on a project shall appoint a supervisor for the workers.
(2) The supervisor shall supervise the work at all times either personally or by having an assistant, who is a competent person, do so personally.
[O. Reg. 145/00, s. 10]
Part II GENERAL CONSTRUCTION
Section 26.1
26.1 (1) A worker shall be adequately protected by a guardrail system that meets the requirements of subsections 26.3(2) to (8).
(2) Despite subsection (1), if it is not practicable to install a guardrail system as that subsection requires, a worker shall be adequately protected by the highest ranked method that is practicable from the following ranking of fall protection methods:
1. A travel restraint system that meets the requirements of section 26.4.
2. A fall restricting system that meets the requirements of section 26.5.
3. A fall arrest system, other than a fall restricting system designed for use in wood pole climbing, that meets the requirements of section 26.6.
4. A safety net that meets the requirements of section 26.8.
(3) The components of any system listed in subsection (2) shall be designed by an engineer in accordance with good engineering practice, and shall meet the requirements of any of the following National Standards of Canada standards that are applicable:
1. CAN/CSA-Z259.1-05 : Body Belts and Saddles for Work Positioning and Travel Restraint.
2. CAN/CSA-Z259.2.5-12 : Fall Arresters and Vertical Lifelines
3. CAN/CSA-Z259.2.2-98 (R2004) : Self-Retracting Devices for Personal Fall-Arrest Systems.
4. CAN/CSA-Z259.2.3-99 (R2004) : Descent Control Devices.
5. CAN/CSA-Z259.10-06 : Full Body Harnesses.
6. CAN/CSA-Z259.11-05 : Energy Absorbers and Lanyards.
7. CAN/CSA-Z259.12-01 (R2006) : Connecting Components for Personal Fall Arrest Systems (PFAS).
8. CAN/CSA-Z259.14-01 (R2007) : Fall Restrict Equipment for Wood Pole Climbing.
(4) Before any use of a fall arrest system or a safety net by a worker at a project, the worker's employer shall develop written procedures for rescuing the worker after his or her fall has been arrested.
[O. Reg. 145/00, s. 12; 85/04, s. 5; 443/09, s. 1; 345/15, s. 5; 375/22, s. 5]
Section 26.2
26.2 (1) An employer shall ensure that a worker who may use a fall protection system is adequately trained in its use and given adequate oral and written instructions by a competent person.
(1.1) In addition to the requirements of subsection (1), an employer shall ensure that a worker who may use a fall protection system meets the working at heights training requirements of Ontario Regulation 297/13 (Occupational Health and Safety Awareness and Training).
(2) The employer shall ensure that the person who provides the training and instruction referred to in subsection (1) prepares a written training and instruction record for each worker and signs the record.
(3) The training and instruction record shall include the worker's name and the dates on which training and instruction took place.
(4) The employer shall make the training and instruction record for each worker available to an inspector on request.
[O. Reg. 145/00, s. 13; 252/14, s. 1]
Section 37
37. (1) Material or equipment at a project shall be stored and moved in a manner that does not endanger a worker.
(2) No material or equipment to be moved by a crane or similar hoisting device shall be stored under or in close proximity to an energized outdoor overhead electrical conductor.
Section 44
44. (1) Signs meeting the requirements of subsection (2) shall be posted in prominent locations and in sufficient numbers to warn workers of a hazard on a project.
(2) A sign shall contain the word "DANGER" written in legible letters that are at least 150 millimetres in height and shall state that entry by any unauthorized person to the area where the hazard exists is forbidden.
(3) Without limiting the generality of subsection (1), a sign shall be posted,
(a) adjacent to a hoisting area;
(b) under a boatswain's chair, or a suspended work platform;
(c) at the outlet from a chute;
(d) at a means of access to a place where there may be a noxious gas, vapour, dust or fume, noxious substance or a lack of oxygen; and
(e) where there is a potential hazard from an energized overhead electrical conductor at more than 750 volts.
(4) No person shall enter an area in which a sign is posted other than a worker authorized to work in the area.
[O. Reg. 242/16, s. 6; 142/17, s. 9]
Section 70
70. (1) Access to and egress from a work area located above or below ground level shall be by stairs, runway, ramp or ladder.
(2) Subsection (1) does not apply to a work platform within the meaning of section 136.1 that is able to be moved to give access to a floor, roof or platform or to ground level.
[O. Reg. 242/16, s. 8]
Section 72
72. A work area, a route to and from a work area and a scaffold platform on which work is being performed shall be maintained at all times in a condition that does not endanger workers and, without limiting the generality of the foregoing,
(a) shall be kept clear of obstructions;
(b) shall be kept clear of snow, ice or other slippery material; and
(c) shall be treated with sand or similar material when necessary to ensure a firm footing.
Section 116
116. (1) No stilts shall be present at or used on a project except in accordance with this section.
(2) No leg extensions, other than stilts, shall be present at or used on a project.
(3) Subject to subsection (4), stilts may be used on a project for work in residential units and residential common areas only if they are used for the following purposes:
1. Drywall finishing work.
2. Installation of insulation.
3. Installation of vapour barriers.
(4) Stilts shall not be used on a scaffold or to climb up or down stairs.
(5) Stilts used in accordance with this section shall,
(a) be commercially manufactured;
(b) be made of unpainted metal;
(c) have a non-slip surface on the bottom of each base plate;
(d) be in good working condition; and
(e) be suitable for their intended use.
(6) Stilts may be used to a maximum height of 76 centimetres as measured from the work surface that the user of the stilts would otherwise stand on to the top of the foot plate.
(7) Stilts may be used on a work surface only if the work surface satisfies the following conditions:
1. It is made of rigid material.
2. It is either level or does not have a slope of more than three per cent.
3. All openings on the work surface are adequately covered or guarded.
4. All open sides of the work surface are adequately guarded.
5. It is free of debris or anything else that may be a hazard to a worker on stilts.
6. All obstructions that cannot be removed are adequately guarded, placed or secured to prevent a worker on stilts from being injured.
(8) If stilts are used in a work area for which sections 26.1 and 26.3 require a guardrail system, the guardrail system shall be modified by adding,
(a) an additional top rail,
(i) 76 centimetres above the existing top rail, or
(ii) at a height above the existing top rail equal to the height of the stilts being used in the work area; and
(b) an intermediate rail that is located midway between the additional top rail and the existing top rail.
(9) A modified guardrail system described in subsection (8) shall be capable of resisting any load it could be subjected to by a worker on stilts.
(10) An employer shall ensure that a worker who uses stilts is trained in their use by completing an adequate training program that,
(a) enables the worker to demonstrate proficiency in the safe and proper use of stilts; and
(b) provides instruction on the relevant requirements of this Regulation; and
(c) provides instruction on,
(i) mounting and dismounting,
(ii) adjusting stilts to suit the individual worker and the work,
(iii) walking on and working with stilts while maintaining balance and stability,
(iv) inspecting stilts for damage and defects,
(v) maintaining, servicing and storing stilts,
(vi) conducting an inspection of the work area before commencing work to identify hazards for stilts use,
(vii) correcting any hazardous conditions identified under subclause (vi), and
(viii) setting up tools and materials to ensure they are adequately accessible when using stilts.
(11) No worker shall use stilts at a project unless he or she has successfully completed a program described in subsection (10) and carries proof of completing the program at all times when using the stilts.
(12) A worker using stilts at a project shall inspect the stilts for damage, wear, corrosion and other defects the first time each day that the worker uses the stilts.
(13) An employer shall ensure that a worker does not use stilts that are damaged, worn, corroded or defective and no worker shall use such stilts.
(14) Stilts shall be stored, serviced and maintained in accordance with the manufacturer's instructions.
[O. Reg. 443/09, s. 4]
Section 126
126. (1) Every scaffold shall be designed and constructed to support or resist,
(a) two times the maximum load or force to which it is likely to be subjected, without exceeding the allowable unit stresses for the materials of which it is made; and
(b) four times the maximum load or force to which it is likely to be subjected without overturning.
(2) Despite clause (1)(a), a scaffold with structural components whose capacity can only be determined by testing shall be designed and constructed to support or resist three times the maximum load or force to which it is likely to be subjected without causing the failure of any component.
(3) No scaffold shall be loaded in excess of the load that it is designed and constructed to bear.
Section 128
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.
Section 129
129. (1) A scaffold mounted on castors or wheels,
(a) shall be equipped with a suitable braking device on each castor or wheel; and
(b) shall have the brakes applied when a worker is on the scaffold.
(2) A scaffold mounted on castors or wheels shall be equipped with guy wires or outriggers to prevent its overturning if the height of the scaffold platform exceeds three times the least lateral dimension of the scaffold,
(a) measured at the base of the scaffold; or
(b) if outriggers are used, measured between the outriggers.
(3) No scaffold mounted on castors or wheels that has a scaffold platform more than 2.4 metres above the base shall be moved when a worker is on it unless,
(a) the worker is wearing a full body harness as part of a fall arrest system attached to a fixed support; and
(b) the scaffold is being moved on a firm level surface.
Section 130
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]
Section 134
134. (1) Every scaffold platform and other work platform shall be designed, constructed and maintained to support or resist, without exceeding the allowable unit stresses for the materials of which it is constructed,
(a) all loads and forces to which it is likely to be subjected; and
(b) at least 2.4 kilonewtons per square metre.
(2) Each component of a scaffold platform or other work platform shall be capable of supporting a load of at least 2.2 kilonewtons without exceeding the allowable unit stress for each material used.
(3) No scaffold platform or other work platform shall be loaded in excess of the load that it is designed and constructed to bear.
Section 136
136. (1) Cubes of masonry units on a scaffold platform shall be placed directly over the scaffold frame.
(2) If it is not practicable to comply with subsection (1), the masonry units shall be placed on the scaffold platform in a manner that conforms with the load capability provisions of the scaffold platform as set out in section 134.
(3) The surface of an outrigger bracket platform used by a masonry worker shall be not more than one metre below the associated material storage platform.
(4) Masonry units to be installed in a building or structure shall be distributed along the scaffold platform before being used.
Section 137.2
137.2 Design drawings for a work platform shall,
(a) set out the size and specifications of all the components of the work platform, including the type and grade of all materials to be used;
(b) state the maximum rated platform capacity of the work platform;
(c) state welding specifications for all welds used on the work platform, including weld length, weld locations and welding fillers to be used; and
(d) identify all critical welds used on the work platform.
[O. Reg. 242/16, s. 11]
Section 141.1
141.1 (1) Every fixed support shall be designed by an engineer in accordance with the requirements of this section.
(2) A fixed support shall be designed and constructed to support all loads to which it may be subjected.
(3) The design of a fixed support shall use the factored loads calculated in accordance with subsection (4).
(4) The following values of load factors, as described in the provisions of the Building Code that address Limit States Design, shall be applied to calculate the factored loads for an outrigger and supporting structure, excluding anchorage connectors:
1. Live load factor = 3.0.
2. Dead load factor = 1.25.
(5) A component of a fixed support that may be subject to overturning shall be designed and constructed to support at least four times its allowable suspended load or force.
(6) Subject to subsection (7), an anchorage connector shall be designed to resist,
(a) the application of 22.2 kilonewtons in any direction without fracture of any component or pullout from the fixed support; and
(b) a test loading of 11.1 kilonewtons without permanent deformation of any component when subjected to the test loading in the direction or directions that generate the most critical effect on the fixed support with respect to stability and strength.
(7) For a suspended work platform system with a span between adjacent points of suspension of greater than 12 metres and up to 30 metres, the anchorage connectors for supporting the suspended work platform system shall be designed in accordance with good engineering practice to support the allowable suspended load and the minimum live loads for the length of the suspended work platform to be used, as set out in subsection 137.1 (3).
[O. Reg. 242/16, s. 11; 142/17, s. 18; 375/22, s. 5]
Section 142
142. The employer shall ensure that the rated platform capacity of a suspended work platform, work platform module or boatswain’s chair is posted conspicuously on the suspended work platform, work platform module or boatswain’s chair, as the case may be.
[O. Reg. 242/16, s. 11]
Section 142.2
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]
Section 142.5
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]
Section 142.6
142.6 (1) A multi-point suspended work platform shall not be loaded in excess of the specified loads indicated on the design drawings for the multi-point suspended work platform.
(2) Signs indicating the specified live loads shall be posted in conspicuous places on the multi-point suspended work platform.
[O. Reg. 85/04, s. 15; 242/16, ss. 1, 13]
Section 142.06
142.06 (1) A worker who is on or is getting on or off a suspended work platform or boatswain’s chair shall wear a full body harness connected to a fall arrest system.
(2) Every worker on a suspended work platform or boatswain’s chair shall have an effective means of summoning assistance in case of emergency.
(3) Every lifeline used with a suspended work platform or boatswain’s chair shall,
(a) be suspended independently of the suspended work platform or boatswain’s chair;
(b) be securely attached to a fixed support so that the failure of the suspended work platform or boatswain’s chair will not cause the lifeline to fail;
(c) be protected from damage and abrasion; and
(d) if subject to wind conditions,
(i) not be suspended a vertical distance of more than 150 metres below the fixed support, and
(ii) if suspended a vertical distance of more than 100 metres below the fixed support, be restrained at or near the midpoint.
(4) Despite clauses (3) (a) and (b), the lifeline may be securely fastened to a work platform if,
(a) all or part of the suspended work platform has more than one means of suspension; and
(b) the suspended work platform is designed, assembled and maintained such that the failure of one means of suspension will not result in the complete or partial collapse of the suspended work platform.
(5) A suspended work platform shall have hangers located at least 150 millimetres but no more than 450 millimetres from the ends of the platform that are securely attached to it.
(6) If the suspension height of a suspended work platform is 15 metres or greater, the suspended work platform shall, if practicable, be restrained to the exterior face of the building or structure that it is suspended from unless the suspended work platform is being raised or lowered.
(7) If a suspended work platform is stationary and its guardrail adjacent to the face of the building or structure has been removed or lowered, the suspended work platform shall be restrained to the building or structure.
[O. Reg. 242/16, s. 11; 471/16, s. 1]
Section 142.7
142.7 (1) A worker who is on a multi-point suspended work platform while it is being erected, dismantled, traversed or otherwise moved shall use a fall arrest system that is,
(a) connected to a fixed support independent from the multi-point suspended work platform; and
(b) designed, constructed and maintained in accordance with this Regulation.
(2) Despite subsection (1), a worker is not required to use a fall arrest system while the multi-point suspended work platform is stationary if guardrails are installed in accordance with section 26.3.
[O. Reg. 85/04, s. 15; 242/16, s. 1, 13]
Section 188
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
Item | Column 1 | Column 2 |
Nominal phase-to-phase voltage rating | Minimum distance | |
1. | 750 or more volts, but no more than 150,000 volts | 3 m |
2. | more than 150,000 volts, but no more than 250,000 volts | 4.5 m |
3. | more than 250,000 volts | 6 m |
(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]