Legislation
Construction Projects
O. Reg. 213/91Part I GENERAL
Section 1
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"Building Code" Repealed.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"confined space" Repealed.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"Construction Health and Safety Branch" Repealed.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
Item | Column 1 | Column 2 |
Short forms | Corresponding terms | |
1. | ANSI | American National Standards Institute |
2. | CSA | Canadian Standards Association |
3. | CAN | National Standards of Canada |
[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]
Part II GENERAL CONSTRUCTION
Section 77
77. (1) No work shall be performed in a building or structure with stairs unless the stairs meet the requirements of this section.
(2) Stairs shall have,
(a) a clear width of at least 500 millimetres;
(b) treads and risers of uniform width, length and height;
(c) subject to subsection (3), stringers with a maximum slope of 50 degrees from the horizontal;
(d) landings that are less than 4.5 metres apart measured vertically;
(e) a securely fastened and supported wooden handrail on the open sides of each flight; and
(f) a guardrail on the open side of each landing.
(3) The stringers of prefabricated stairs erected inside a tower formed by scaffold frame sections shall have a maximum slope of 60 degrees from the horizontal.
(4) A wooden handrail shall measure thirty-eight millimetres by eighty-nine millimetres and shall be free of loose knots, sharp edges, splinters and shakes.
(5) Skeleton steel stairs shall have temporary wooden treads securely fastened in place that are made of suitable planking extending the full width and breadth of the stairs and landings.
Section 125
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]
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 127
127. (1) The failure load of a scaffold which consists of structural components whose capacity cannot be determined by testing shall be established by testing the components in a manner that simulates the actual loading conditions for which each of the components is fabricated.
(2) An engineer shall verify and certify the results of a test and the corresponding rated load of the scaffold.
(3) The constructor shall make available to an inspector upon request a copy of the certification by the engineer.
[O. Reg. 375/22, s. 5]
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 135
135. (1) A scaffold platform or other work platform,
(a) shall be at least 460 millimetres wide;
(b) if it is 2.4 metres or more above a floor, roof or other surface, consist of planks laid tightly side by side for the full width of the scaffold;
(c) shall be provided with a guardrail as required by section 26.3;
(d) shall be provided with a means of access as required by section 70;
(e) shall not have any unguarded openings; and
(f) shall have each component secured against slipping from its supports.
(2) A scaffold platform or other work platform made of sawn lumber planks shall have planks of number 1 grade spruce that do not have any defect affecting their load-carrying capacity and,
(a) that bear a legible grade identification stamp or are permanently identified as being number 1 grade spruce;
(b) that are at least forty-eight millimetres thick by 248 millimetres wide;
(c) that are arranged so that their span does not exceed 2.1 metres;
(d) that overhang their supports by not less than 150 millimetres and not more than 300 millimetres; and
(e) that are cleated or otherwise secured against slipping.
[O. Reg. 527/00, s. 4]
Section 139
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]