Application designed and maintained by the
The health and safety responsibilities of all parties on a construction project are specified in the current Occupational Health and Safety Act and Regulations for Construction Projects. Responsibilities are outlined in the legislation in particular for constructor, employer, supervisor, and worker.
Before beginning work, it is important for everyone to know and understand their legal rights and responsibilities.
When a project that has five or more people working at the same time, a constructor must appoint a supervisor. The supervisor must personally oversee the workers at all times. If the supervisor cannot be present to oversee the work, an assistant, who is a competent person, must be appointed in his or her place.
Similarly, an employer of five or more workers on a project must appoint a supervisor. The supervisor must personally oversee the workers at all times. If the supervisor cannot be present to oversee the work, an assistant, who is a competent person, must be appointed in his or her place.
Supervisors are responsible for inspecting all machinery and equipment at least once a week or more often if necessary to ensure that there is no danger to any worker. This duty includes inspecting fire extinguishing equipment, magazines, electrical installations, communication systems, sanitation and medical facilities, buildings and other structures, temporary supports and all entrances and exits at the project. Supervisors must ensure that all tests and observations during these inspections and at other times are done by a competent person.
Employers must make supervisors aware of the following responsibilities. Supervisors must also authorize, inspect or designate a professional engineer or competent worker to:
Construction Projects
O. Reg. 213/91
Part 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 26.4
26.4 (1) A travel restraint system shall consist of a full body harness with adequate attachment points or a safety belt.
(2) The full body harness or safety belt shall be attached by a lifeline or lanyard to a fixed support that meets the requirements of section 26.7.
(3) The travel restraint system shall be inspected by a competent worker before each use.
(4) If a component of the travel restraint system is found to be defective on inspection, the defective component shall immediately be taken out of service.
[O. Reg. 145/00, s. 14]
Section 26.5
26.5 (1) A fall restricting system that is not designed for use in wood pole climbing shall consist of an assembly of components that is,
(a) attached to an independent fixed support that meets the requirements of section 26.7; and
(b) designed and arranged in accordance with the manufacturer's instructions and so that a worker's free fall distance does not exceed 0.6 metres.
(2) A fall restricting system that is designed for use in wood pole climbing,
(a) shall consist of an assembly of components that is designed and arranged in accordance with the manufacturer's instructions; and
(b) shall not allow pole slippage in excess of the distances set out in the applicable National Standards of Canada standard referred to in subsection 26.1 (3).
(3) A fall restricting system shall be inspected by a competent worker before each use.
(4) If a component of the fall restricting system is found to be defective on inspection, the component shall be taken out of service immediately.
(5) If a worker who is using the fall restricting system falls or slips more than the distance determined under clause (1)(b) or (2)(b), as the case may be, the system shall be taken out of service immediately and shall not be used again by a worker unless all components of the system have been certified by the manufacturer as being safe for reuse.
[O. Reg. 145/00, s. 14; 85/04, s. 6]
Section 26.6
26.6 (1) A fall arrest system shall consist of a full body harness with adequate attachment points and a lanyard equipped with a shock absorber or similar device.
(2) The fall arrest system shall be attached by a lifeline or by the lanyard to an independent fixed support that meets the requirements of section 26.7.
(3) The fall arrest system shall be arranged so that a worker cannot hit the ground or an object or level below the work.
(4) Despite subsection (1), the fall arrest system shall not include a shock absorber if wearing or using one could cause a worker to hit the ground or an object or level below the work.
(5) The fall arrest system shall not subject a worker who falls to a peak fall arrest force greater than 8 kilonewtons.
(6) The fall arrest system shall be inspected by a competent worker before each use.
(7) If a component of the fall arrest system is found to be defective on inspection, the defective component shall immediately be taken out of service.
(8) If a worker who is using the fall arrest system falls, the system shall be immediately removed from service and shall not be used again by a worker unless all components of the system have been certified by the manufacturer as being safe for re-use.
(9) Subsections (1) to (8) do not apply to fall restricting systems designed for use in wood pole climbing.
[O. Reg. 145/00, s. 14; 85/04, s. 7]
Section 26.8
26.8 (1) A safety net shall be designed, tested and installed in accordance with ANSI/ASSE Standard A10.11-2010, Safety Requirements for Personnel and Debris Nets.
(2) The safety net shall be installed by a competent worker.
(3) A professional engineer or a competent person under the engineer's supervision shall inspect and test the installation of the safety net before it is put in service.
(4) The engineer shall document the inspection and testing of the safety net.
(5) A copy of the document shall be kept at the project while the safety net is in service.
[O. Reg. 145/00, s. 14; 85/04, s. 9; 345/15, s. 7]
Section 26.9
26.9 (1) This section applies to a lanyard or lifeline that is part of a travel restraint system or a fall arrest system.
(2) The following requirements apply to a lanyard or a lifeline:
1. It shall not be used in such a way that it is likely to be cut, chafed or abraded.
2. It shall not be subjected to extreme temperature, flame, abrasive or corrosive materials or other hazards that may damage it.
3. The free end of the lanyard or lifeline shall be kept clear of equipment and machinery.
(3) Only one person at a time may use a lanyard.
(4) The connecting ends of a lanyard shall be wrapped around a protective thimble and adequately fastened with a swaged fitting or eye splice supplied by the manufacturer of the lanyard.
(5) A horizontal or vertical lifeline shall be kept free from splices or knots, except knots used to connect it to a fixed support.
(6) Only one person at a time may use a vertical lifeline.
(7) A vertical lifeline shall,
(a) extend to the ground; or
(b) have a positive stop that prevents the rope grab or other similar device from running off the end of the lifeline.
(8) The following requirements apply to a horizontal lifeline system:
1. It shall be designed by a professional engineer in accordance with good engineering practice.
2. The design may be a standard design or a custom design.
3. The design shall,
i. show the arrangement of the system including the anchorage or fixed support system,
ii. indicate the components used,
iii. state the number of workers that can safely be attached to it,
iv. set out instructions for installation or erection, and
v. show the design loads for the system.
4. The system shall be installed or erected, and maintained, in accordance with the professional engineer's design.
5. Before each use, the system shall be inspected by a professional engineer or a competent worker designated by a supervisor.
6. The constructor shall keep the design at the project while the system is in use.
[O. Reg. 145/00, s. 14; 242/16, s. 5]
26.10 - 26.11 Repealed. [O. Reg. 85/04, s. 10]
Section 55
55. Every fire extinguisher shall be inspected for defects or deterioration at least once a month by a competent worker who shall record the date of the inspection on a tag attached to it.
Section 87
87. (1) Formwork, falsework and re-shoring shall be designed, constructed, supported and braced so that they are capable of withstanding all loads and forces likely to be applied to them,
(a) without exceeding the allowable working loads established for any component of the structure; and
(b) without causing uplift, sliding, overturning or lateral displacement of the system.
(2) No formwork, falsework or re-shoring shall be loaded in excess of the load that it is designed and constructed to bear.
(3) The allowable working load of the formwork, falsework or re- shoring shall be established,
(a) by a professional engineer in accordance with good engineering practice; or
(b) by testing the principal components to their ultimate strength in a manner that simulates the actual loading conditions to which the formwork, falsework or re-shoring is likely to be subjected and by applying a reduction factor, in accordance with good engineering practice, to the values of ultimate strength.
(4) The results of the testing in clause (3)(b) shall be verified and certified by a professional engineer and made available to an inspector upon request.
(5) If single post shores are placed more than one tier high, the junction of each tier shall be braced against a fixed support in at least two directions in order to prevent any lateral movement.
Section 89
89. (1) This section applies with respect to formwork, falsework and re-shoring that includes,
(a) a tubular metal frame;
(b) a column whose effective length is dependent upon lateral restraints between the ends of the column;
(c) shores placed one upon another to form a supporting system that is more than one tier in height;
(d) shores which are three metres or more in height;
(e) a truss;
(f) members so connected to one another that a load applied to one member may alter or induce stress in another member; or
(g) a unitized modular formwork or falsework structure intended to be moved as a unit.
(2) Formwork and falsework shall be designed by a professional engineer in accordance with good engineering practice and be installed or erected in accordance with the design drawings.
(3) Formwork and falsework shall, before the placement of concrete, be inspected by a professional engineer or by a competent worker designated in writing by the professional engineer.
(4) The person carrying out the inspection shall state in writing whether the formwork and falsework is installed or erected in accordance with the design drawings for it.
(5) The constructor shall keep the design drawings and the statements on the project while the formwork or the falsework is in use.
Section 94
94. (1) All mechanically-powered vehicles, machines, tools and equipment rated at greater than 10 horsepower shall be inspected by a competent worker to determine whether they can handle their rated capacity and to identify any defects or hazardous conditions.
(2) The inspections shall be performed before the vehicles, machines, tools or equipment are first used at the project and thereafter at least once a year or more frequently as recommended by the manufacturer.
[O. Reg. 145/00, s. 26]
Section 103.1
103.1 (1) In this section,
"move" includes raise and lower;
"multi-tiered load" means two or three individually rigged structural steel pieces that are,
(a) suspended so that they remain horizontal,
(b) aligned vertically, and
(c) moved simultaneously by a crane;
"multi-tiered load hoisting operation" means the moving of one or more multi-tiered loads by one crane at a project;
"procedures" means the procedures prepared under subsection (7).
(2) A multi-tiered load,
(a) shall not contain structural steel pieces that are bundled together;
(b) shall not contain more than three structural steel pieces;
(c) shall not use one structural steel piece to support another;
(d) shall have each structural steel piece independently slung back to the main load hook or master link;
(e) shall be lowered only by a crane using power-controlled lowering.
(3) A crane shall be used to move only one multi-tiered load at a time.
(4) A crane shall not be used for a multi-tiered load if it is contrary to the crane manufacturer's specifications or limitations to do so.
(5) No worker shall be in an area where a multi-tiered load hoisting operation is taking place unless he or she is directly engaged in the operation.
(6) Before a multi-tiered load hoisting operation is begun at a project, written procedures to ensure the safety of workers engaged in the operation shall be developed and implemented.
(7) The procedures shall be prepared by a professional engineer in accordance with good engineering practice and shall,
(a) include design drawings that illustrate the arrangement and dimensions of the structural steel pieces, the assembly of rigging components and devices, and all attachment points;
(b) identify the crane and its rated load-carrying capacity, and identify and specify its limitations and restrictions, if any;
(c) describe the method of determining the weight of the structural steel pieces;
(d) specify the maximum load per lift and the maximum reach of the crane per lift;
(e) identify all factors that could affect the safety of the multi-tiered load hoisting operation, such as wind speed, weather conditions, potential overlapping of cranes and other restrictions;
(f) state the measures to be taken to control and secure multi-tiered loads while they are being moved;
(g) specify any circumstances that would require additional work, including inspections, to be performed by a professional engineer to ensure the safety of any worker engaged in the multi-tiered load hoisting operation; and
(h) identify all critical parts of the rigging and of the rigged structural steel pieces that are to be inspected before each lift, and set out the inspection criteria to be followed.
(8) The employer responsible for a multi-tiered load hoisting operation shall,
(a) create a document that identifies the workers engaged in the multi-tiered load hoisting operation by name and job title and states their respective duties;
(b) ensure that, before the multi- tiered load hoisting operation is begun, a copy of the procedures is provided to and reviewed with each worker engaged in the operation;
(c) ensure that the procedures are implemented, and are followed throughout the multi-tiered load hoisting operation;
(d) ensure that any deviations from the procedures are approved by a professional engineer, in writing, before any multi-tiered load is moved; and
(e) unless the professional engineer who prepared the procedures specifies otherwise, appoint a competent worker to ensure that the procedures, including the inspections described in clause (7)(h), are followed before any multi-tiered load is moved.
(9) The employer responsible for a multi-tiered load hoisting operation shall keep a copy of the following available for inspection at the project until the operation is completed:
1. The procedures.
2. The document described in clause (8)(a).
3. Any approvals given under clause (8)(d).
(10) Before the first multi-tiered load hoisting operation is started at a project, the constructor shall give notice to the Ministry office located nearest the project, in person, by telephone, by fax or by electronic means.
[O. Reg. 627/05, s. 3; 142/17, s. 14]
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]
Explosive Actuated Fastening Tool
Section 118
118. A worker using an explosive actuated fastening tool shall inspect it before using it to ensure,
(a) that it is clean;
(b) that all moving parts operate freely;
(c) that its barrel is free from obstruction; and
(d) that it is not defective.
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) A professional 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 professional engineer.
Section 130
130. (1) A scaffold shall be designed by a professional 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) A professional 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]
Section 132
132. (1) A professional engineer shall inspect and give a written opinion as to the structural adequacy of a centre pole scaffold used in silo construction when required by subsection (2).
(2) An inspection shall be performed on the earlier of,
(a) the twenty-fourth time the scaffold is erected following the most recent inspection; or
(b) for a scaffold used in the construction of,
(i) a monolithic silo, two years after the scaffold is erected or after the most recent inspection, and
(ii) a stave silo, one year after the scaffold is erected or after the most recent inspection.
(3) The employer responsible for constructing the silo shall keep with a scaffold every written opinion by a professional engineer concerning the scaffold while it is in use on a project.
(4) The employer responsible for constructing the silo shall record information about the frequency of use of the scaffold in a log book which shall be kept with the scaffold while it is in use on a project.
Section 138.1
138.1 (1) An employer shall designate a competent worker to be responsible for the installation and inspection of a suspended work platform system or boatswain’s chair before it is put into service for the first time.
(2) The employer shall ensure that the competent worker successfully completes a training program that meets the requirements set out in subsection (3) at the following times:
1. Before the competent worker installs or inspects the installation of a suspended work platform or boatswain’s chair for the first time.
2. As often as is necessary, but at least every three years, after the worker installs or inspects the installation of a suspended work platform or boatswain’s chair for the first time.
(3) The training program referred to in subsection (2) shall,
(a) consist of adequate oral and written instruction on,
(i) rigging,
(ii) methods to secure beams and equipment,
(iii) fixed supports,
(iv) principles of suspension lines, hoisting devices and load limits,
(v) manufacturers’ instructions for assembling, installing and disassembling suspended work platform systems or boatswain’s chairs,
(vi) reading and using roof plans and work plans,
(vii) securing suspended work platform systems or boatswain’s chairs to the face of a building, and
(viii) electrical systems; and
(b) require the competent worker to demonstrate proficiency in,
(i) installing and torqueing rigging hardware in accordance with the manufacturer’s instructions,
(ii) inspecting cable and terminations in accordance with the manufacturer’s instructions,
(iii) tying of adequate numbers of different knots,
(iv) properly setting up a suspended work platform system or boatswain’s chair in accordance with roof plans, work plans and the manufacturer’s instructions, including,
(A) selection and use of fixed supports,
(B) set up of equipment,
(C) use of hoists, including reeving cables,
(D) use of descent controls and emergency controls,
(E) impact of different work plans on set up of equipment, and
(F) protection of public ways.
(4) The employer shall ensure that the person who provides the training program referred to in subsection (2) prepares and signs a written record for every competent worker who successfully completes the program and shall provide such written proof to the competent worker.
(5) A competent worker shall have the written proof described in subsection (4) readily available at a project.
[O. Reg. 242/16, s. 11; 142/17, s. 16]
General Requirements: Testing
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 141.4
141.4 (1) The owner of a building or structure shall ensure that all fixed supports identified in the roof plan are inspected, maintained and tested in accordance with clause 11 (Inspection and Testing) of CSA Standard Z271-10 and the manufacturer’s instructions.
(2) Without limiting the generality of subsection (1), the owner shall ensure that a fixed support identified in the roof plan is inspected by a professional engineer,
(a) before being used for the first time after it is installed and after every time that it is repaired or modified;
(b) as often as necessary and at least as often as recommended by the manufacturer of the fixed support;
(c) at least once within the 12-month period preceding its use; and
(d) if a professional engineer, an employer, a supervisor or a worker advises the owner that there are reasonable grounds to believe the fixed support is defective or not adequate to support the suspended work platform, boatswain’s chair or lifeline.
(3) An owner who has been advised under clause (2) (d) shall ensure that the fixed support in question is not used until the requirements in subsections (4) and (5) are met, as applicable.
(4) The professional engineer who performs an inspection under subsection (2) shall prepare a written report that,
(a) indicates whether the fixed support meets the requirements of section 141.1 and is adequate for the purposes of attaching a suspended work platform, boatswain’s chair or lifeline; and
(b) if the fixed support is not adequate, indicates the defects and hazardous conditions of the fixed support.
(5) A fixed support that has been identified in the report of the professional engineer as having a defect or hazardous condition shall not be used until the owner of the building or structure ensures that,
(a) the defect or hazardous condition of the fixed support has been repaired, modified or corrected; and
(b) the fixed support has been inspected and tested by a professional engineer in accordance with clause 11.3.3 (Anchorage connectors) of CSA Standard Z271-10 and the professional engineer has determined the fixed support to be adequate to support a suspended work platform, boatswain’s chair or lifeline.
(6) The owner of the building or structure shall, respecting a fixed support,
(a) keep a permanent record, in accordance with clause 13 (Equipment Log) of CSA Standard Z271-10 , of all inspections, tests, repairs, modifications and maintenance of the fixed support as long as the fixed support is used;
(b) make the record available, on request, to an inspector; and
(c) make the record available, on request, to a constructor of a project where workers are to use a suspended work platform system or boatswain’s chair and lifelines, if any.
(7) No employer or constructor shall permit a worker to use a fixed support unless the employer or constructor has ensured that the fixed support has been inspected, maintained and tested as required by this section and, if applicable, the requirements in subsections (4) and (5) are met.
[O. Reg. 242/16, s. 11]
Section 141.7
141.7 (1) This section applies if a generic installation drawing is used under clause 141.6 (2) (a).
(2) A designated competent worker who has successfully completed the training program under section 138.1 shall inspect a suspended work platform system or powered boatswain’s chair to determine whether the installed suspended work platform system or installed powered boatswain’s chair complies with the drawing,
(a) before it is put into service after it has been installed for the first time on a project; and
(b) if it is relocated at the project, at the new location before it is put into service.
(3) The designated competent worker shall provide a written report of the inspection indicating whether the installed suspended work platform system or installed powered boatswain’s chair complies with the drawing.
(4) The suspended work platform system or powered boatswain’s chair shall not be put into service unless the designated competent worker’s report indicates that the suspended work platform system or boatswain’s chair has been installed in accordance with the drawing.
(5) While the suspended work platform system or powered boatswain’s chair is at the project, the employer shall keep at the project, and make available to an inspector on request, the generic installation drawing and every report prepared by a designated competent worker under subsection (3).
[O. Reg. 242/16, s. 11]
Section 141.8
141.8 (1) This section applies if a site-specific installation drawing is used under clause 141.6 (2) (b).
(2) The site-specific installation drawing shall be prepared by a professional engineer.
(3) A professional engineer shall inspect a suspended work platform after it has been installed for the first time at a project and before it is put into service and shall prepare a written report indicating whether the suspended work platform complies with the drawing.
(4) A suspended work platform shall not be put into service unless the professional engineer’s report indicates it has been installed in accordance with the drawing.
(5) If a suspended work platform system is relocated at a project, a deviation from the site-specific drawing is permitted if the deviation is approved by a professional engineer.
(6) A suspended work platform system shall not be put into service at the new location unless,
(a) the suspended work platform system was inspected,
(i) if the installation at the new location was in accordance with the site-specific drawing, by either a professional engineer or by a designated competent worker who has successfully completed the training program under section 138.1, or
(ii) if the installation at the new location was in accordance with the site-specific installation drawing and a deviation from it was approved by a professional engineer, by a professional engineer; and
(b) a report prepared under subsection (7) or (8) indicates that the suspended work platform system has been installed in accordance with the drawing and approved deviations, if any.
(7) In the case of an inspection under subclause 6 (a) (i), the professional engineer or designated competent worker shall provide a written report of the inspection indicating whether the installed suspended work platform system complies with the drawing.
(8) In the case of an inspection under subclause 6 (a) (ii), the professional engineer shall provide a written report of the inspection indicating whether the installed suspended work platform system complies with the drawing and approved deviations.
(9) While the suspended work platform system is at the project, the employer shall keep at the project, and make available to an inspector on request, the site-specific installation drawing, any approved deviations and every report prepared under this section.
[O. Reg. 242/16, s. 11]
Project-Specific Use Requirements
Section 144
144. (1) An elevating work platform shall be designed by a professional engineer in accordance with good engineering practice,
(a) to meet the requirements of the applicable National Standards of Canada standard, set out in the Table to subsection (6); and
(b) to support a minimum of 1.3 kilonewtons rated working load as determined in accordance with the applicable National Standards of Canada standard set out in the Table to subsection (6).
(2) An elevating work platform shall be manufactured in accordance with the design referred to in subsection (1).
(3) An elevating work platform,
(a) shall be tested in accordance with the National Standards of Canada standard set out in the Table to subsection (6); and
(b) shall be inspected each day before use, in accordance with the manufacturer's instructions by a worker trained in accordance with section 147.
(4) An elevating work platform shall only be used if a professional engineer has certified in writing that it complies with the National Standards of Canada standard set out in the Table to subsection (6).
(5) The certification required by subsection (4) shall include the details of testing.
(6) The National Standards of Canada standard applicable to the type of elevating work platform listed in Column 1 of the Table to this subsection are the standards set out opposite it in Column 2.
TABLE
| Item | Column 1 | Column 2 |
| Type of elevating work platform | National Standards of Canada standard | |
| 1 | Elevating Rolling Work Platform | CAN3- B354.1-M82 |
| 2 | Self-Propelled Elevating Work Platform | CAN3- B354.2-M82 and CAN3- B354.3-M82 |
| 3 | Boom-Type Elevating Work Platform | CAN3- B354.4-M82 |
| 4 | Vehicle-Mounted Aerial Device | CAN/CSA- C225-10 |
(7) An elevating work platform shall be equipped with guardrails.
(8) An elevating work platform shall have signs that are clearly visible to an operator at its controls indicating,
(a) the rated working load;
(b) all limiting operating conditions including the use of outriggers, stabilizers and extendable axles;
(c) the specific firm level surface conditions required for use in the elevated position;
(d) such warnings as may be specified by the manufacturer;
(e) other than for a boom-type elevating work platform, the direction of machine movement for each operating control;
(f) the name and number of the National Standards of Canada standard to which it was designed; and
(g) the name and address of the owner.
[O. Reg. 345/15, s. 17]
Section 153
153. (1) No worker shall use as a workplace a platform, bucket, basket, load, hook, sling or similar device that is capable of moving and is supported by a cable attached to the boom of a crane or similar hoisting device, except in accordance with this section.
(2) A crane may be used to raise, support or lower a worker only if,
(a) conventional access equipment cannot be used;
(b) the platform that the worker is on,
(i) is designed by a professional engineer in accordance with good engineering practice,
(ii) is constructed in accordance with the design drawings,
(iii) is equipped with more than one means of suspension or support,
(iv) is equipped with anchor points for the attachment of the worker's fall arrest systems,
(v) is equipped with a guardrail in accordance with section 26.3,
(vi) is suspended from, or supported by, a direct attachment to the boom of the crane,
(vii) is designed, constructed or maintained so that the failure of one means of support or suspension will not cause the collapse of all or part of the platform, and
(viii) has its maximum rated load capacity legibly and permanently marked in a conspicuous place on it; and
(c) the crane,
(i) is equipped with fail-safe mechanisms that will prevent the boom and the suspended platform from free falling in the event of a power source or system failure or the inadvertent release of any operating controls,
(ii) is not used to hoist material while the platform is being used to support a worker,
(iii) is not loaded in excess of 25 per cent of its maximum rated load,
(iv) has a revised load rating chart prepared by a professional engineer in accordance with good engineering practice and affixed in a conspicuous place on the crane,
(v) has, on its hoist line, hooks equipped with self-closing safety catches at the point where the platform is suspended, and
(vi) is equipped with an automatic limit switch that prevents the platform and load from reaching beyond the highest permissible position specified by the crane manufacturer.
(3) Any modifications or repairs to the boom of the crane shall be made in accordance with the instructions of the crane manufacturer or a professional engineer.
(4) Every worker on the platform shall wear a full body harness connected independently to anchor points on the platform and used in conjunction with a lanyard fitted with a shock absorber.
(5) The design drawings of the platform shall,
(a) set out the size and specifications of all components of the platform, including the type and grade of materials used for it;
(b) state the maximum live load of the platform;
(c) specify the model and type of crane to be used in conjunction with the platform; and
(d) include a statement that, in the opinion of the professional engineer who designed the platform, the design meets the requirements of clauses (a), (b) and (c).
(e) Repealed. [O. Reg. 85/04, s. 16]
(6) Before the platform is used, a competent worker shall inspect it and verify in writing that it has been constructed in accordance with the design drawings.
(7) No person shall use the platform until the verification required under subsection (6) is given.
(8) Before the crane is first used to lift persons, and at least once every 12 months after the first test, a professional engineer shall ensure that the crane be subjected to non-destructive testing to ensure the structural integrity of the crane.
(9) A competent worker shall visually inspect the crane's structural elements and the rigging equipment for defects before each use of the crane.
(10) The employer shall ensure that an adequate means of communication between the worker on the platform and the crane operator is established, maintained and used.
(11) Before beginning any hoisting operation under this section, the constructor shall notify by telephone an inspector in the office of the Ministry of Labour nearest to the project.
(12) The employer shall ensure that every worker involved with the hoisting operation receives adequate instructions about the requirements, restrictions and hazards associated with the hoisting operation.
(13) The employer shall develop adequate emergency rescue procedures and communicate these in writing to all workers involved with the hoisting operation.
(14) The constructor shall keep all design drawings, test reports, written statements and certification documents required under this section with the crane at all times during the hoisting operation.
(15) On request, the constructor shall provide an inspector with copies of any document described in subsection (14).
[O. Reg. 631/94, s. 4; 527/00, s. 5; 85/04, s. 16; 242/16, s. 15]
Section 156.4
156.4 (1) Before a drilling operation described in section 156.3 begins, a professional engineer shall,
(a) design a supporting surface for the drill rig in accordance with good engineering practice to adequately support the drill rig during all drilling and drill rig set-up activities;
(b) designate and design a path of travel for the drill rig to use on the project to ensure the path of travel safely supports the drill rig; and
(c) prepare a written report described in subsection (2).
(2) The written report required under clause (1) (c) shall include, at a minimum, details of,
(a) the project and its location;
(b) the designs and specifications for the supporting surface and path of travel;
(c) any operating restrictions imposed by the drill rig manufacturer’s instructions, including the maximum safe ground slope for the drilling operation;
(d) the existing soil conditions, all associated hazards to workers’ health and safety and the precautions to be taken to protect workers from the hazards associated with the soil conditions;
(e) the minimum load-bearing capacity of the supporting surface required for each activity to be undertaken by the drill rig;
(f) the surface preparation required for the supporting surface and path of travel to safely support the drill rig during its operation and travel;
(g) the parts of the drill rig and the attachments of the drill rig that are permitted on the supporting surface;
(h) the precautions to be taken to ensure that the drilling operation and movement of the drill rig on the path of travel,
(i) do not damage or affect the stability of any building, structure, property or public way adjacent to, or in the vicinity of, the drilling operation, and
(ii) do not endanger a person using any building, structure, property or public way adjacent to, or in the vicinity of, the drilling operation;
(i) the frequency of inspections of the supporting surface and the path of travel of the drill rig, and the type of inspection required, to ensure they remain stable, do not deteriorate and continue to function as designed by the professional engineer, and any specific weather or other conditions that could affect the supporting surface or path of travel that would require additional inspections to be conducted; and
(j) the qualifications of the person who conducts the inspections of the supporting surface and path of travel and whether the person needs to be a professional engineer, a person under the direction of a professional engineer, a competent worker or another person with specified qualifications.
(3) The supporting surface and path of travel for the drill rig shall be prepared or constructed in accordance with the professional engineer’s written report.
(4) No deviation from the written report is permitted unless the deviation is approved, in advance and in a written report, by a professional engineer.
(5) The supporting surface and path of travel for the drill rig shall be inspected by a professional engineer after they are prepared or constructed and before the drill rig is assembled and erected on the supporting surface or uses the path of travel to confirm that they were prepared or constructed in accordance with the professional engineer’s report.
(6) The professional engineer shall prepare a written report of the results of the inspection under subsection (5).
(7) While a rotary foundation drill rig is in service at a drilling operation described in section 156.3, the employer responsible for the drilling operation shall ensure that,
(a) the supporting surface and path of travel are regularly inspected in accordance with, and by the person identified by, the report described in subsection (2); and
(b) a written report of the inspections and results are kept at the project and made available to an inspector upon request.
(8) The constructor and employer responsible for the drilling operation shall keep at the project a copy of all reports described in this section and make them available to an inspector upon request until the drilling operation is completed.
[O. Reg. 345/15, s. 19]
Section 158
158. (1) Before a tower crane is erected at a project, a professional engineer shall ensure that the structural elements and components of the crane be subjected to non-destructive testing to ensure the structural integrity of the crane.
(2) The professional engineer conducting an inspection or under whose direction an inspection is done shall prepare a written report of the test results.
(3) The constructor shall keep the report at the project while the crane is erected.
[O. Reg. 631/94, s. 5; 85/04, s. 17; 242/16, s. 16]
Section 166 Derricks, Stiff-Leg Derricks and Similar Hoisting Devices
166. (1) No derrick, stiff-leg derrick or similar hoisting device shall be attached to a building or structure unless this section is complied with.
(2) A professional engineer shall prepare design drawings and specifications for the attachment of a derrick, stiff-leg derrick or similar hoisting device to a building or structure.
(3) The design drawings and specifications shall include,
(a) the location of the derrick, stiff-leg derrick or similar hoisting device on the building or structure;
(b) the location of anchor bolts, guy wires, supports and shoring for it;
(c) particulars of the weight of the loads and the radius at which the loads are to be lifted; and
(d) particulars of the loads and forces on the building or structure imposed by the derrick, stiff-leg derrick or similar hoisting device.
(4) The constructor shall ensure that the structural engineer responsible for the structural integrity of a building or structure reviews and approves in writing the design drawings and specifications for a derrick, stiff-leg derrick or similar hoisting device before it is installed.
(5) A professional engineer shall inspect a derrick, stiff-leg derrick or similar hoisting device before it is first used on a building or structure to ensure that it is installed in accordance with the design drawings and specifications.
(6) The professional engineer conducting the inspection shall prepare a written report of the inspection.
(7) The constructor shall keep a copy of the design drawings and specifications for a derrick, stiff-leg derrick or similar hoisting device and the report prepared under subsection (6) at a project while the derrick, stiff-leg derrick or similar hoisting device is on the project.
[O. Reg. 85/04, s. 19]
Section 170
170. (1) All cable used by a crane or similar hoisting device shall be visually inspected by a competent worker at least once a week when the crane or similar hoisting device is being used.
(2) The worker performing an inspection shall record the condition of the rope or cable inspected in the log book for the crane or similar hoisting device.
Section 176
176. (1) Only an alloy steel chain or a chain manufactured for the purpose shall be used for hoisting.
(2) No alloy steel chain shall be annealed or welded.
(3) A chain used for hoisting shall,
(a) be labelled to indicate its load rating capacity;
(b) be repaired and reconditioned in accordance with the specifications of its manufacturer;
(c) after being repaired or reconditioned, be proof tested in accordance with the specifications of its manufacturer; and
(d) be visually inspected by a competent worker as frequently as recommended by its manufacturer and, in any case, at least once a week when the chain is in service.
[O. Reg. 345/15, s. 20]
177. Repealed. [O. Reg. 345/15, s. 21]
Section 184
184. (1) No person, other than a person authorized to do so by the supervisor in charge of the project, shall enter or be permitted to enter a room or other enclosure containing exposed energized electrical parts.
(2) The entrance to a room or other enclosure containing exposed energized electrical parts shall be marked by conspicuous warning signs stating that entry by unauthorized persons is prohibited.
[O. Reg. 627/05, s. 7]
Section 196
196. (1) If explosives are to be used on a project, the employer responsible for blasting shall designate a competent worker to be in charge of blasting operations.
(2) The employer shall post the name of the worker in charge of blasting operations for a project in a conspicuous place on the project and in every magazine.
(3) The worker in charge of blasting operations for a project shall personally supervise blasting operations at the project, including the loading, priming and initiating of all charges.
(4) The worker in charge of blasting operations for a project,
(a) shall inspect for hazardous conditions explosives and the magazines in which they are stored,
(i) at least once a month, and
(ii) on the day they are to be used;
(b) shall promptly report the results of inspections under clause (a) to the supervisor in charge of the project;
(c) shall take immediate steps to correct any hazardous condition; and
(d) shall dispose of all deteriorated explosives.
(5) If an act of careless placing or handling of explosives on the project is discovered by, or reported to the worker in charge of blasting operations, the worker shall promptly investigate the circumstances and report the results of the investigation to the supervisor in charge of the project.
Part IV TUNNELS, SHAFTS, CAISSONS and COFFERDAMS
Section 249
249. (1) A means of extinguishing fire shall be provided,
(a) at the top and bottom of every shaft;
(b) if a project consists of or includes a tunnel, at each panel board for electricity, on each electric-powered locomotive and at each battery charging station; and
(c) 30 metres or less from each work face of a tunnel and of each location where a fire hazard exists.
(2) The means of extinguishing fire shall be inspected at least once a week to ensure that it is in working order.
[O. Reg. 142/17, s. 28]
Section 261
261. The supervisor in charge of a project shall appoint at least one competent worker to be available to give first aid at a shaft or tunnel.
Section 264
264. (1) Before a project begins, an employer shall establish in writing emergency procedures for the rescue of underground workers.
(2) Copies of the rescue procedures signed by the employer and supervisor of the underground workers shall be posted in conspicuous places on the project.
(3) The emergency procedures shall be practised in preparation for an emergency and shall be followed in an emergency.
Section 265
265. (1) At least four workers at a project or, if fewer than four workers work at the project, all workers shall be trained in and readily available to perform rescues of underground workers.
(2) Rescue workers shall be provided with suitable equipment to perform rescues.
(3) Rescue workers shall be trained by a competent person appointed by a Director.
(4) A Director who makes an appointment described in subsection (3) shall, in doing so, consider any recommendations of the representatives of labour and of management.
(5) Rescue workers shall be trained within thirty days before tunnelling operations begin and retrained at least every thirty days after the initial training.
(6) Before a project begins, the supervisor of the construction of a tunnel shall designate a rescue worker who shall inspect and test all rescue equipment every thirty days.
[O. Reg. 145/00, s. 34]
Section 266
266. (1) This section applies if, on a project, there is a tunnel and shaft whose combined length exceeds forty-five metres.
(2) Every rescue worker shall be provided with a self-contained breathing apparatus that meets the requirements of subsection (5) and subsection (6), (7) or (8), as is appropriate to the length of the underground work place.
(3) A competent person referred to in subsection 265(3) shall train rescue workers in the proper operation of the self-contained breathing apparatus.
(4) The training required by subsection (3) shall be repeated at least every thirty days.
(5) The self-contained breathing apparatus shall have a full face mask.
(6) For use in an underground work place that is less than 100 metres long, the minimum rated duration of use for a self-contained breathing apparatus shall be one-half hour.
(7) For use in an underground work place that is 100 metres or more but less than 150 metres long, the minimum rated duration of use for a self-contained breathing apparatus shall be one hour.
(8) For use in an underground work place that is 150 metres or more long, the minimum rated duration of use for a self-contained breathing apparatus shall be one and one-half hours.
(9) All self-contained breathing apparatuses intended for rescue work on a project shall be the same model and made by the same manufacturer.
(10) All self-contained breathing apparatuses shall be kept in close proximity to the means of access to an underground work place and shall be readily available.
(11) A sufficient number, four as a minimum, of self-contained breathing apparatuses shall be available on the project to provide for all rescue work that may be required.
(12) A competent person shall inspect every self-contained breathing apparatus at least once a month or as often as is required by the manufacturer to ensure it is in proper condition.
Section 273
273. (1) If a person is about to be conveyed by a hoist in a shaft, the pit bottom worker shall notify the hoist operator before the person enters the conveyance.
(2) A hoist operator shall acknowledge every signal received by repeating the signal.
(3) A signal to a hoist operator to move a conveyance shall be given only from the landing from which the conveyance is being moved.
(4) A signal set out in Column 1 of the Table shall be used to communicate the meaning set out opposite to it in Column 2 between a hoist operator, the top or bottom of a shaft and all landings in the shaft:
Table
| Item | Column 1 | Column 2 |
| Code of signals | Meaning | |
| 1. | Where the conveyance is in motion - 1 signal | STOP |
| 2. | Where the conveyance is stationary - 1 signal | HOIST |
| 3. | Where the conveyance is stationary - 2 signals together | LOWER |
| 4. | Where the conveyance is stationary - 3 signals together (to be given before any person enters the conveyance) | Person will be on conveyance. OPERATE CAREFULLY. |
(5) The supervisor in charge of a project may establish signals in addition to those set out in subsection (4) if required for the operation of a hoist on the project.
(6) A notice setting out the signals used for a hoist shall be securely posted,
(a) where it is readily visible to the hoist operator; and
(b) at each landing of the hoistway.
(7) The notice shall be on a board or a metal plate that is not less than 450 millimetres by 450 millimetres and shall be written in letters that are at least thirteen millimetres high.
[O. Reg. 345/15, s. 27]
Lighting and Electricity Supply
Section 291
291. (1) No person other than a competent worker appointed by the supervisor in charge of a project shall operate a hoist in a hoistway or shaft.
(2) No person, other than a worker required to do so as a part of the worker's job, shall enter or attend the machine room of a hoist.
Section 294
294. (1) The supervisor in charge of a project,
(a) shall establish the maximum speed for a conveyance transporting persons in a hoistway; and
(b) shall determine the maximum number of persons and the maximum weight of material that may be carried safely on a conveyance in a hoistway.
(2) A notice setting out the maximums referred to in subsection (1) shall be conspicuously posted near each hoistway entrance.
(3) No person shall load a conveyance in a hoistway beyond the maximum limits established under clause (1)(b).
(4) A hoist operator shall operate a hoist in accordance with the notice posted under subsection (2).
Section 295
295. (1) The supervisor in charge of a project shall appoint shaft attendants for a shaft where a hoist is being used.
(2) No shaft attendant shall be less than nineteen years of age.
(3) At least one shaft attendant shall be on duty at the top of a shaft if a hoist, crane or similar hoisting device is being used or if a worker is present in the shaft or in a tunnel connected to the shaft.
(4) A shaft attendant,
(a) shall give the hoist operator the signals for starting and stopping the hoist;
(b) shall warn workers of hazards in or near the shaft; and
(c) as far as is practicable, shall remove known hazards.
OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.O. 1990, c. O.1
Part III DUTIES OF EMPLOYERS AND OTHER PERSONS
Section 25 Duties of employers
25. (1) An employer shall ensure that,
(a) the equipment, materials and protective devices as prescribed are provided;
(b) the equipment, materials and protective devices provided by the employer are maintained in good condition;
(c) the measures and procedures prescribed are carried out in the workplace;
(d) the equipment, materials and protective devices provided by the employer are used as prescribed; and
(e) a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable of supporting any loads that may be applied to it,
(i) as determined by the applicable design requirements established under the version of the Building Code that was in force at the time of its construction,
(ii) in accordance with such other requirements as may be prescribed, or
(iii) in accordance with good engineering practice, if subclauses (i) and (ii) do not apply.
(2) Without limiting the strict duty imposed by subsection (1), an employer shall,
(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker;
(b) in a medical emergency for the purpose of diagnosis or treatment, provide, upon request, information in the possession of the employer, including confidential business information, to a legally qualified medical practitioner and to such other persons as may be prescribed;
(c) when appointing a supervisor, appoint a competent person;
(d) acquaint a worker or a person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent;
(e) afford assistance and co-operation to a committee and a health and safety representative in the carrying out by the committee and the health and safety representative of any of their functions;
(f) only employ in or about a workplace a person over such age as may be prescribed;
(g) not knowingly permit a person who is under such age as may be prescribed to be in or about a workplace;
(h) take every precaution reasonable in the circumstances for the protection of a worker;
(i) post, in the workplace, a copy of this Act and any explanatory material prepared by the Ministry, both in English and the majority language of the workplace, outlining the rights, responsibilities and duties of workers;
(j) prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy;
(k) post at a conspicuous location in the workplace a copy of the occupational health and safety policy;
(l) provide to the committee or to a health and safety representative the results of a report respecting occupational health and safety that is in the employer's possession and, if that report is in writing, a copy of the portions of the report that concern occupational health and safety; and
(m) advise workers of the results of a report referred to in clause (l) and, if the report is in writing, make available to them on request copies of the portions of the report that concern occupational health and safety.
(3) For the purposes of clause (2)(c), an employer may appoint himself or herself as a supervisor where the employer is a competent person.
(3.1) Any explanatory material referred to under clause(2) (i) may be published as part of the poster required under section 2 of the Employment Standards Act, 2000.
(4) Clause (2)(j) does not apply with respect to a workplace at which five or fewer workers are regularly employed.
[S.O. 2009, c. 23, s. 2; 2011, c. 1, Sch. 7, s. 2; 2011, c. 11, s. 9]
Section 27 Duties of supervisor
27. (1) A supervisor shall ensure that a worker,
(a) works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and
(b) uses or wears the equipment, protective devices or clothing that the worker's employer requires to be used or worn.
(2) Without limiting the duty imposed by subsection (1), a supervisor shall,
(a) advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware;
(b) where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and
(c) take every precaution reasonable in the circumstances for the protection of a worker.
Application designed and maintained by the