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"Building Code" Repealed.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"confined space" Repealed.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"Construction Health and Safety Branch" Repealed.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 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 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]
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 141.6
141.6 (1) Only a designated competent worker who has successfully completed the training program under section 138.1 shall install, alter or dismantle a suspended work platform system or boatswain’s chair.
(2) A suspended work platform system or boatswain’s chair, including all components and connections of the suspended work platform system or boatswain’s chair, shall be erected, installed, used and dismantled in accordance with the manufacturer’s instructions and,
(a) a generic installation drawing; or
(b) in the case of a suspended work platform system, a site-specific drawing if not all of the requirements in the generic installation drawing can be satisfied or if one of the circumstances set out in subsection (3) applies.
(3) The following are circumstances for the purposes of clause (2) (b):
1. There will be stacked or tiered work platforms.
2. There will be a work platform that, including its components, weighs more than 525 kilograms.
3. There will be a work platform that has a span greater than 12 metres between adjacent points of suspension.
4. There will be a work platform that has more than two primary suspension lines.
5. More than two hoisting devices will be used to move a work platform.
6. There will be a work platform that has any shielding, tarpaulin, enclosure, sign or banner on it that may increase the wind loads on the components of the suspended work platform system.
7. The vertical distance between the top of a suspension line and the lowest point on the street, ground or other horizontal surface under a work platform will exceed 150 metres.
[O. Reg. 242/16, s. 11]
Section 142.01
142.01 (1) A suspended work platform system or boatswain’s chair and the suspension lines of the suspended work platform system or boatswain’s chair shall be attached to a fixed support in accordance with the manufacturer’s instructions.
(2) Every suspension line of a suspended work platform or boatswain’s chair shall,
(a) be made of wire rope, subject to subsection 142.03 (1);
(b) be vertical from the fixed support, including the outrigger beam;
(c) be parallel to every other suspension line, if any;
(d) extend to the ground or have a positive stop that prevents the suspended work platform or boatswain’s chair from running off the end of the suspension line or lines;
(e) have each connecting end wrapped around a protective thimble and adequately fastened;
(f) be capable, along with its attachment components, of supporting at least 10 times the maximum load to which it may be subjected; and
(g) have fastenings and terminations that are,
(i) corrosion-resistant,
(ii) capable of developing at least 80 per cent of the rated breaking strength of the suspension line itself,
(iii) recommended by the manufacturer for use with suspended work platforms or boatswain’s chairs, and
(iv) installed in accordance with the manufacturer’s instructions.
(3) A U-type rope clamp shall not be used on a suspension line or tie-back.
(4) A hoisting device on a suspended work platform system or boatswain’s chair shall,
(a) have legible operating and safety instructions affixed to it in a conspicuous location; and
(b) meet the requirements of clause 8 (Hoisting) of CSA Standard Z271-10 .
(5) A suspended work platform system or boatswain’s chair shall not be loaded in such a manner as to exceed the rated platform capacity for its work platform or individual platform module, or the rated hoist capacity.
(6) A work platform or boatswain’s chair shall not be suspended or used at any time the wind speed exceeds 40 kilometres per hour.
(7) If an outrigger beam is to be used as a fixed support, it shall,
(a) be tied back and securely fastened to the building or structure, or a component of the building or structure, by a secondary cable or wire rope capable of supporting the allowable suspended load;
(b) be secured against horizontal and vertical movement;
(c) have securely attached counterweights that are designed and manufactured for the purpose; and
(d) have adequate legible instructions, provided by the manufacturer or an engineer, for the use of the counterweights affixed to the outrigger beam.
[O. Reg. 242/16, s. 11]
Section 142.1
142.1 Sections 142.2 to 142.8 apply to every multi-point suspended work platform.
[O. Reg. 85/04, s. 15; 242/16, s. 1]
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 142.03
142.03 (1) The suspension line of a boatswain’s chair shall be made of wire rope unless the boatswain’s chair is equipped with a descent control device.
(2) Every suspension line of a boatswain’s chair shall be protected from abrasion.
(3) Every suspension line of a boatswain’s chair that is made of organic or polymer fibres shall be,
(a) permanently marked with the date on which it was first put into use;
(b) doubled from the fixed support of the line to the ground or egress level;
(c) tested by a recognized testing laboratory two years after the date on which it was first put into use and then once every 12 months thereafter to assess whether,
(i) it has experienced abrasion, and
(ii) is capable of developing at least 80 per cent of the rated breaking strength of the suspension line itself; and
(d) discarded,
(i) if the test required under clause (c) determines that it does not have a breaking strength of at least 10 times the static load that the line is intended to support,
(ii) in accordance with the manufacturer’s recommendations, or
(iii) when it is no longer safe for use.
(4) A boatswain’s chair shall have a seat or seating area that is at least 600 millimetres long and 250 millimetres wide.
(5) If the seat or seating area is supported by a sling, the sling shall be constructed of wire rope at least nine millimetres in diameter which crosses under the seat or sitting area.
(6) If a boatswain’s chair has a descent control device,
(a) the distance between the boatswain’s chair and the fixed support shall not exceed 90 metres; and
(b) a worker on the boatswain’s chair shall not use a corrosive substance, or mechanical grinding or flame-cutting equipment if the suspension line is not made of wire rope.
[O. Reg. 242/16, s. 11]