Traffic Control - Safety

1. (1) In this Regulation,

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

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

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

and "adequately" has a corresponding meaning;

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

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

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

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

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

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

"Building Code" Repealed.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

"caisson" means,

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

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

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

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

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

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

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

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

"confined space" Repealed.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

"Construction Health and Safety Branch" Repealed.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

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

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

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

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

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

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

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

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

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

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

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

"formwork" means a system of forms connected together;

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Eddy current testing.

2. Magnetic particle testing.

3. Liquid penetrant testing.

4. Radiographic testing.

5. Ultrasonic testing;

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

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

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

"roadway" means the travelled portion of a highway;

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

(a) is used for geotechnical sampling,

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

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

(d) is a digger derrick,

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

(f) is a pile driver without an auger,

(g) is a horizontal boring machine, or

(h) is a tunnel boring machine;

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

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

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

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

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

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

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

"sign truck"means a vehicle that has,

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

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

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

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

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

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

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

(a) a boom, a jib or both,

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

(c) a vertical mast;

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

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

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

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

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

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

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

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

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

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

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

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

TABLE

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

67. (1) In this section,

"barricade" means a device that provides a visual indicator of the path a motorist is supposed to take;

"barrier" means a device that provides a physical limitation through which a vehicle would not normally pass, and includes a concrete barrier;

"mobile operation" means work, including a paving operation, that is done on a highway or the shoulder of a highway and moves along at speeds of less than 30 kilometres per hour.

(2) If a worker at a project on a highway may be endangered by vehicular traffic unrelated to the project, the project shall make use of as many of the following measures as is necessary to adequately protect the worker:

1. Barriers.

2. Barricades.

3. Delineators.

4. Lane control devices.

5. Warning signs.

6. Flashing lights.

7. Flares.

8. Traffic control devices.

9. Blocker trucks.

10. Crash trucks.

11. Sign trucks.

12. Speed control devices.

13. Longitudinal buffer areas.

(3) In addition to the measures listed in subsection (2) but subject to section 68, a worker may be used to direct traffic.

(4) Every employer shall develop in writing and implement a traffic protection plan for the employers' workers at a project if any of them may be exposed to a hazard from vehicular traffic.

(5) The traffic protection plan,

(a) shall specify the vehicular traffic hazards and the measures described in subsection (2) to be used to protect workers; and

(b) shall be kept at the project and made available to an inspector or a worker on request.

(6) A worker who is required to set up or remove measures described in subsection (2) on a roadway or a shoulder of a roadway,

(a) shall be a competent worker;

(b) shall not perform any other work while setting up or removing the measures; and

(c) shall be given adequate written and oral instructions, in a language that he or she understands, with respect to setting up or removing the measures.

(7) Adequate barriers shall be installed to protect workers at a project from vehicular traffic if the project,

(a) is on a freeway;

(b) is not a mobile operation; and

(c) is expected to require more than five days to complete.

(8) - (9) Repealed. [O. Reg. 345/15, s. 11]

(10) If it is not practical to install barriers as subsection (7) requires, or if the project is expected to require five days or less to complete, crash trucks shall be adequately positioned to protect workers.

(11) If work on a shoulder of a freeway is expected to take less than 30 minutes to complete, a vehicle with four-way flashers and a 360-degree beacon light shall be provided.

(12) The following measures shall be taken to protect a worker at a project if the project is on a freeway and involves a mobile operation:

1. An adequate number of crash trucks shall be adequately positioned between vehicular traffic and workers in order to adequately protect workers at the project.

2. If the operation involves intermittent stops averaging 30 minutes or less, an adequate number of barricades or delineators shall be adequately positioned between vehicular traffic and the worker.

3. If the operation involves intermittent stops averaging more than 30 minutes,

i. an adequate longitudinal buffer area shall be provided if physically possible,

ii. the lane on which work is being done shall be adequately identified with lane closure signs and a lane closure taper, and

iii. an adequate number of barricades or delineators shall be adequately positioned between vehicular traffic and the work area.

[O. Reg. 145/00, s. 21; 345/15, s. 11; 242/16, s. 7]

68. The following requirements apply with respect to a sign used by a worker to direct vehicular traffic:

1. It shall be octagonal in shape, measure 450 millimetres between opposite sides, and be mounted on a pole that is 1.2 metres long.

2. It shall be made of material with at least the rigidity of plywood that is six millimetres thick.

3. On one side it shall be high-intensity retro-reflective grade red in colour, with the word "STOP" written in legible high-intensity retro-reflective grade white letters 150 millimetres high in a central position on the sign.

4. On the other side it shall be high-intensity retro-reflective micro-prismatic fluorescent chartreuse in colour, with a black diamond-shaped border that is at least 317 millimetres by 317 millimetres, and with the word "SLOW" written in legible black letters 120 millimetres high in a central position on the sign.

5. It shall be maintained in a clean and legible condition.

[O. Reg. 145/00, s. 22; 142/17, s. 12]

69. (1) This section applies with respect to directing vehicular traffic that may be a hazard to workers on a public way.

(2) A worker shall not direct vehicular traffic for more than one lane in the same direction.

(3) A worker shall not direct vehicular traffic if the normal posted speed limit of the public way is more than 90 kilometres per hour.

(4) A worker who is required to direct vehicular traffic,

(a) shall be a competent worker;

(b) shall not perform any other work while directing vehicular traffic;

(c) shall be positioned in such a way that he or she is endangered as little as possible by vehicular traffic; and

(d) shall be given adequate written and oral instructions, in a language that he or she understands, with respect to directing vehicular traffic, and those instructions shall include a description of the signals that are to be used.

(5) The written instructions referred to in clause (4)(d) shall be kept at the project.

[O. Reg. 145/00, s. 23]

69.1 (1) A worker who may be endangered by vehicular traffic shall wear a garment that covers at least his or her upper body and has the following features:

1. The garment shall be fluorescent blaze or international orange in colour.

2. On the front and the back, there shall be two yellow stripes that are 5 centimetres wide. The yellow area shall total at least 500 square centimetres on the front and at least 570 square centimetres on the back.

3. On the front, the stripes shall be arranged vertically and centred and shall be approximately 225 millimetres apart, measured from the centre of each stripe. On the back, they shall be arranged in a diagonal "X" pattern.

4. The stripes shall be retro-reflective and fluorescent.

(2) If the garment is a vest, it shall have adjustable fit.

(3) A nylon vest to which this section applies shall also have a side and front tear-away feature.

(4) In addition, a worker who may be endangered by vehicular traffic during night-time hours shall wear retro-reflective silver stripes encircling each arm and leg, or equivalent side visibility-enhancing stripes with a minimum area of 50 square centimetres per side.

[O. Reg. 145/00, s. 23; 345/15, s. 12]