OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.N.L. 1990, c. O-3

Section 4 Employers' general duty

4. An employer shall ensure, where it is reasonably practicable, the health, safety and welfare of his or her workers.

Section 5 Specific duties of employers

5. Without limiting the generality of section 4, an employer

(a) shall, where it is reasonably practicable, provide and maintain a workplace and the necessary equipment, systems and tools that are safe and without risk to the health of his or her workers;

(b) shall, where it is reasonably practicable, provide the information, instruction, training and supervision and facilities that are necessary to ensure the health, safety and welfare of his or her workers;

(c) shall ensure that his or her workers, and particularly his or her supervisors, are made familiar with health or safety hazards that may be met by them in the workplace;

(d) shall, where it is reasonably practicable, conduct his or her undertaking so that persons not in his or her employ are not exposed to health or safety hazards as a result of the undertaking;

(e) shall ensure that his or her workers are given operating instruction in the use of devices and equipment provided for their protection;

(f) shall consult and co-operate with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, where the employer is not the workplace health and safety designate, on all matters respecting occupational health and safety at the workplace;

(f.1) shall respond in writing within 30 days to a recommendation of

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

indicating that the recommendation has been accepted or that it has been rejected, with a reason for the rejection;

(f.2) shall provide periodic written updates to

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

on the implementation of a recommendation accepted by the employer until the implementation is complete;

(f.3) shall consult with

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

about the scheduling of workplace inspections that are required by the regulations, and ensure that the committee, the worker health and safety representative or the workplace health and safety designate participates in the inspection; and

(g) shall co-operate with a person exercising a duty imposed by this Act or regulations.

[S.N.L. 1999, c. 28, s. 2; 2001, c. 10, s. 25; 2004, c. 52, s. 1]

Section 5.1 Supervisors' general duty

5.1 A supervisor shall ensure, where it is reasonably practicable, the health, safety and welfare of all workers under his or her supervision.

[S.N.L. 2009, c. 19, s. 2]

Section 5.2 Specific duties of supervisors

5.2 A supervisor shall

(a) advise workers under his or her supervision of the health or safety hazards that may be met by them in the workplace;

(b) provide proper written or oral instructions regarding precautions to be taken for the protection of all workers under his or her supervision; and

(c) ensure that a worker under his or her supervision uses or wears protective equipment, devices or other apparel that this Act, the regulations or the worker's employer requires to be used or worn.

[S.N.L. 2009, c. 19, s. 2]

Section 6 Workers' general duty

6. A worker, while at work, shall take reasonable care to protect his or her own health and safety and that of workers and other persons at or near the workplace.

Section 7 Specific duties of workers

7. A worker

(a) shall co-operate with his or her employer and with other workers in the workplace to protect

(i) his or her own health and safety,

(ii) the health and safety of other workers engaged in the work of the employer,

(iii) the health and safety of other workers or persons not engaged in the work of the employer but present at or near the workplace;

(a.1) shall use devices and equipment provided for his or her protection in accordance with the instructions for use and training provided with respect to the devices and equipment;

(b) shall consult and co-operate with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate at the workplace; and

(c) shall co-operate with a person exercising a duty imposed by this Act or regulations.

[S.N.L. 1999, c. 28, s. 3; 2001, c. 10, s. 26; 2004, c. 52, s. 2]

Section 37 Committees

37. Where 10 or more workers are employed at a workplace, the employer shall establish an occupational health and safety committee to monitor the health, safety and welfare of the workers employed at the workplace.

[S.N.L. 1999, c. 28, s. 9]

Section 38 Membership of committees

38. (1) A committee shall consist of the number of persons that may be agreed to by the employer and the workers but shall not be less than 2 nor more than 12 persons.

(2) At least half of the members of a committee are to be persons representing the workers at the workplace who are not connected with the management of the workplace.

(3) The persons representing the workers on the committee are to be elected by other workers at the workplace or appointed in accordance with the constitution of the union of which the workers are members.

(4) Where the employer and workers cannot agree on the size of the committee, the minister may establish its size.

(5) The employer shall appoint sufficient employer representatives to ensure that the committee may function.

(6) The employer and worker members of a committee shall elect a co- chairperson from their respective groups.

(7) The employer shall post the names of the committee members in a prominent place at the workplace.

Section 39 Duties of committees

39. A committee established under section 37

(a) shall seek to identify aspects of the workplace that may be unhealthy or unsafe;

(a.1) shall participate in a workplace inspection that an employer is required by the regulations to conduct;

(b) may make recommendations to principal contractors, employers, workers, self-employed persons and the assistant deputy minister or an officer for the enforcement of standards to protect the health, safety and welfare of workers at the workplace;

(c) shall receive complaints from workers as to their concerns about the health and safety of the workplace and their welfare;

(d) shall establish and promote health and safety educational programs for workers;

(e) shall maintain records as to the receipt and disposition of complaints received from workers under paragraph (c);

(f) shall co-operate with the assistant deputy minister or an officer who is exercising his or her duties under the Act; and

(g) shall perform those other duties and follow those procedures that may be prescribed by the regulations.

[S.N.L. 2001, c. 10, s. 29]

Section 40 Meetings of committee

40. Meetings of a committee shall take place during regular working hours at least once every 3 months and a worker is not to suffer loss of pay or other benefits while engaged in a meeting of a committee.

Section 41 Worker representative

41. (1) Where less than 10 workers are employed at a workplace, the employer shall ensure that a worker not connected with the management of the workplace is designated as the worker health and safety representative to monitor the health, safety and welfare of workers employed at the workplace.

(2) The employer shall provide and pay for training for the worker health and safety representative.

(3) The training provided under subsection (2) shall meet the requirements the Workplace Health Safety and Compensation Commission may set.

(4) The worker health and safety representative shall participate in the training provided under this section.

(5) An employer shall compensate a worker for participating in training under this section as if the training were regular work.

[S.N.L. 2001, c. 10, s. 30; 2004, c. 47, s. 27]

Section 42 Election of representative

42. The worker health and safety representative is to be elected by other workers at the workplace or appointed in accordance with the constitution of the labour union of which the workers are members.

Section 43 Posting name

43. The employer shall post the name of the worker health and safety representative or the workplace health and safety designate in a prominent place at the workplace.

[S.N.L. 2004, c. 52, s. 9]

Section 44 Duties of representative

44. (1) A worker health and safety representative or the workplace health and safety designate has the same duties as those imposed upon a committee under section 39, where that is reasonably practicable.

(2) A worker health and safety representative or the workplace health and safety designate, where the workplace health and safety designate is not the employer, shall consult with his or her employer while performing his or her duties under subsection (1).

(3) Where the workplace health and safety designate is the employer, he or she shall consult with the workers while performing his or her duties under subsection (1).

[S.N.L. 2004, c. 52, s. 10]

Occupational Health and Safety Regulations, 2012
N.L.R. 5/12

Part III GENERAL DUTIES

Section 14 General duties of employers

14. (1) An employer shall ensure, so far as is reasonably practicable, that all buildings, structures, whether permanent or temporary, excavation, machinery, workstations, places of employment and equipment are capable of withstanding the stresses likely to be imposed upon them and of safely performing the functions for which they are used or intended.

(2) An employer shall ensure that necessary protective clothing and devices are used for the health and safety of the employer’s workers.

(3) The employer shall ensure that safe work procedures are followed at all workplaces.

(4) An employer shall ensure, so far as is reasonably practicable, that work procedures promote the safe interaction of workers and their work environment to minimize the potential for injury.

[N.L.R. 43/22, s. 3]

Section 17 General duties of workers

17. (1) A worker shall make proper use of all necessary safeguards, protective clothing, safety devices, lifting devices or aids, and appliances

(a) designated and provided for the worker’s protection by the employer; or

(b) required under these regulations to be used or worn by a worker.

(2) A worker shall follow the safe work procedure in which the worker has been instructed.

(3) A worker shall immediately report a hazardous work condition that may come to the worker’s attention to the employer or supervisor.

[N.L.R. 43/22, s. 4]

Section 18 Safety inspections

18. (1) Regular inspections of all buildings, excavations, structures, machinery, equipment, work practices and places of employment shall be made by the employer or the employer’s representative at intervals to ensure that safe working conditions are maintained and that unsafe conditions found as a result of the inspection are remedied without delay.

(2) Where an unsafe condition is discovered by a person, it shall be reported as soon as practicable to a supervisor who shall ensure that appropriate action is taken, without delay, to prevent a worker from being injured.

(3) Where emergency action is required to correct a condition that constitutes an immediate threat to workers, only those qualified and properly instructed workers necessary to correct the unsafe condition shall be exposed to the hazard and every possible effort shall be made to control the hazard while the corrective action is taking place.

[N.L.R. 43/22, s. 5]

Part V GENERAL HEALTH AND SAFETY REQUIREMENTS

Section 26 Personal conduct

26. (1) A worker with a medically documented physical or mental impairment shall not be assigned to work where those impairments endanger the health and safety of that worker or other workers.

(2) An employer, supervisor or worker shall not enter or remain on the premises of a workplace or at a job site while the employer’s, supervisor’s or worker’s ability to perform work responsibilities is impaired by intoxicating substances or another cause that endangers the health or safety of the employer, supervisor or worker or that of other workers.

(3) A person shall not engage in horseplay, scuffling, unnecessary running or jumping, practical jokes or other similar activity or behaviour that may create or constitute a hazard to workers.

(4) Before tools, machinery or equipment is put into operation, the person responsible for doing so shall ensure that all guards are in place and that putting the equipment into operation does not endanger a person.

[N.L.R. 43/22, s. 8]

Part VII PERSONAL PROTECTIVE EQUIPMENT

Section 72 Instruction

72. An employer shall ensure that a worker who wears personal protective equipment is adequately instructed in the correct use, limitations and assigned maintenance duties for the equipment to be used.

Part VIII MACHINERY AND EQUIPMENT

Section 87 Definitions

87. In this Part

(a) "guard" means a type of safeguard consisting of a physical barrier which prevents a worker from reaching over, under, around or through the barrier to a moving part or point of operation;

(b) "point of operation" means the danger area in a machine where a part is being formed or work is being done;

(c) "power transmission part" means a moving part of a machine that transfers power from a power source to a point of operation;

(d) "safeguard" means the use of a guard, a safety device, a shield, an awareness barrier, warning signs, or other appropriate means, either singly or in combination, to provide effective protection to workers from hazards;

(e) "safety device" means a type of safeguard consisting of an arrangement of operating controls, an active or passive physical restraint, an interlock, or a presence sensing device which ensures that a worker cannot access or be in a hazardous area while a machine is operating; and

(f) "shield" means a type of safeguard consisting of a physical cover or barrier which restricts but does not prevent access to a hazardous moving part or a point of operation.

Section 88 Safe machinery and equipment

88. (1) An employer shall ensure that each tool, machine and piece of equipment in the workplace is

(a) capable of safely performing the functions for which it is used; and

(b) selected, used and operated in accordance with

(i) the manufacturer's recommendations and instructions, where available,

(ii) safe work practices, and

(iii) the requirements of these regulations.

(2) Except as otherwise provided in these regulations, the installation, inspection, testing, repair, maintenance or modification of a tool, machine or piece of equipment shall be carried out

(a) in accordance with the manufacturer's instructions or a standard acceptable to the minister; or

(b) as specified by a professional engineer.

(3) Where equipment or a structure is dismantled in whole or in part and subsequently reassembled, it shall not be used until completely checked and found to be safe for operation or occupancy.

Section 89 General requirements

89. Except as otherwise provided in these regulations, an employer shall ensure that machinery and equipment is fitted with adequate safeguards that

(a) protect an employee from contact with hazardous power transmission parts;

(b) ensure that an employee cannot access a hazardous point of operation; and

(c) safely contain material ejected by the work process that could be hazardous to an employee.

Section 90 Standards

90. (1) The application, design, construction and use of safeguards, including an opening in a guard and the reach distance to a hazardous part, shall meet the requirements of CSA Standard Z432 "Safeguarding of Machinery" .

(2) A safeguard shall be capable of effectively performing its intended function.

Section 91 Guards

91. (1) A fixed guard shall not be modified to be readily removable without the use of tools.

(2) A guard shall be designed, where practicable, to allow lubrication and routine maintenance without the removal of the guard.

Section 92 Identifying unsafe equipment

92. An unsafe tool, machine or piece of equipment shall be removed from service and identified in a manner that ensures that it is not inadvertently returned to service until it has been made safe for use.

Section 93 Operating controls

93. (1) Powered equipment other than portable powered tools or mobile equipment shall have

(a) starting and stopping controls located within easy reach of the operator;

(b) controls and switches clearly identified to indicate the functions that they serve;

(c) controls positioned, designed or shielded to prevent inadvertent activation;

(d) where two-hand controls are installed, controls designed to require concurrent use of both hands to operate the equipment, and to require both controls to be released before another machine cycle can be initiated; and

(e) control systems meeting the requirements of these regulations.

(2) Portable powered tools and mobile equipment shall have operating controls that conform to an appropriate standard acceptable to the minister.

Section 94 Machinery location

94. A machine shall be located or safeguarded so that operation of the machine does not endanger a worker using a normal passage route about the workplace or operating an adjacent machine.

Section 95 Marking of hazards

95. A physical hazard shall be identified and marked in a manner that clearly identifies the hazard to an affected worker in accordance with a standard acceptable to the minister:

Section 96 Piping systems

96. A piping system containing substances shall be clearly identified in a manner known to an affected worker and the identification markings on a piping system shall be maintained in a legible condition.

Section 97 Restraining devices

97. Effective means of restraint shall be used

(a) on a connection of a hose or a pipe where inadvertent disconnection could be dangerous to a worker;

(b) where unplanned movement of an object or component could endanger a worker; or

(c) to secure an object from falling and endangering a worker.

Section 98 Rotating hazards

98. Where a worker may be exposed to contact with rotating parts, such as friction drive, shafts, couplings and collars, set screws and bolts, keys and keyways, and projecting shaft ends, the parts shall be guarded.

Section 99 Flywheels and pulleys

99. A pit for a flywheel or pulley shall have curbs or toeboards around the upper edge of the pit.

Section 100 Conveyor standards

100. (1) Except as otherwise provided in these regulations, a conveyor shall meet the requirements of ANSI Standard ANSI/ASME B20.1-1993 "Safety Standards for Conveyors and Related Equipment".

(2) A conveyor shall have guards or sideboards to prevent material from falling from the conveyor into areas occupied by workers where the falling material creates a risk of injury.

(3) A conveyor shall have an emergency stopping system except where worker access to the conveyor is prevented by guarding.

(4) Where a conveyor emergency stopping system uses a pull wire, the system shall activate by a pull of the wire in any direction, or by a slack cable condition.

(5) A conveyor emergency stopping system shall be designed and installed so that after an emergency stop manual resetting is required before the conveyor can be restarted.

(6) A conveyor shall not be restarted after an emergency stop until inspection has determined it can be operated safely.

Section 101 Power presses, brake presses and shears

101. Point of operation safeguarding, and the design, construction and reliability of the operating controls of a power press, brake press, ironworker or shear shall meet the requirements of the following applicable standard:

(a) CSA Standard CAN/CSA-Z142 "Code for Power Press: Health, Safety, and Guarding Requirements";

(b) ANSI Standard B11.4-1993 "American National Standard for Machine Tools - Shears - Safety Requirements for Construction, Care, and Use"; or

(c) ANSI Standard B11.5-1988 (R1994) "American National Standard for Machine Tools - Ironworkers - Safety Requirements for Construction, Care, and Use".

Section 102 Exception for custom work

102. The safeguarding for the point of operation of a brake press may be removed upon application to and approval by the minister where custom or different bends are being done with each cycle of the machine, provided that safe work procedures are followed, and safeguarding is replaced upon completion of the custom work.

Section 103 Cutting and cooling material containment

103. Cutting or cooling fluids, metal chips and turnings from machine tool work shall be contained.

Section 104 Standards for abrasive equipment

104. An abrasive wheel shall be guarded, used and maintained to meet the requirements of ANSI Standard B7.1-1988 "The Use, Care and Protection of Abrasive Wheels".

Section 105 Powder actuated tools standards

105. A powder actuated fastening system, consisting of the tool, power loads and fasteners, shall meet the requirements of:

(a) ANSI Standard A10.3-1995 "American National Standard for Construction and Demolition Operations - Safety Requirements for Powder-Actuated Fastening Systems";

(b) CSA Standards for Powder Actuated Devices; or

(c) other authority acceptable to the minister.

Section 106 Powder actuated tool use

106. (1) A low velocity powder actuated tool, with a fastener test speed rating of less than 100 metres a second, shall be used unless no low velocity tool available on the market is capable of doing the fastening task.

(2) Two separate and distinct operations shall be required to activate a powder actuated tool and the final firing movement shall be separate and subsequent to depressing the tool into the firing position.

(3) A powder actuated tool shall be designed so that positive means of varying the power level is available, or can be made available, to enable the operator to select a power level appropriate to perform the desired work.

(4) A powder actuated tool shall be marked with the manufacturer's name or trademark, model number and serial number.

(5) When not in use, a powder actuated tool shall be unloaded and the tool and power loads shall be securely stored and be accessible only to qualified and authorized persons.

(6) Powder loads of different power levels and types shall be kept in different compartments or containers.

(7) A worker shall not operate a powder-actuated tool until the worker

(a) has been trained in the use of the specific make and model of tool and is in possession of a valid operator's certificate issued by the manufacturer or other qualified instruction agency;

(b) has demonstrated that the worker can use the tool effectively and safely;

(c) is familiar with these regulations;

(d) has been authorized by the worker’s supervisor to use the tool; and

(e) is wearing the personal protective equipment required by sections 70 to 86.

(8) When using or servicing a powder-actuated tool, an operator shall have immediately available

(a) a copy of the manufacturer's operating instructions for the tool;

(b) a copy of the powder load and fastener charts for the tool; and

(c) accessories or tools needed for use or field servicing of the tool, including personal protective equipment.

(9) A powder-actuated tool shall not be used in an explosive or flammable atmosphere.

(10) A powder-actuated tool may only be loaded where it is being prepared for immediate use, and shall be unloaded at once where work is interrupted after loading.

(11) A powder-actuated tool shall not be pointed at a person.

(12) Where a powder-actuated tool misfires, the operator shall hold the tool firmly against the work surface for at least 5 seconds, then follow the manufacturer's instructions for those occurrences and, until the cartridge has been ejected, keep the tool pointed in a direction that cannot cause injury to a person.

[N.L.R. 43/22, s. 18]

Section 107 Limitations on use of powder actuated tools

107. (1) A powder-actuated tool fastener shall not be driven into very hard or brittle materials, including cast iron, glazed tile, hardened steel, glass block, natural rock, hollow tile, and most brick.

(2) A powder-actuated tool fastener may only be driven into easily penetrated or thin materials or materials of unknown resistance where the receiving material is backed by a material that prevents the fastener from passing completely through.

(3) A powder-actuated tool fastener shall not be driven into steel within 13 millimetres of an edge, or within 5 centimetres of a weld except for special applications permitted by the manufacturer.

(4) Except for special applications recommended by the manufacturer, a powder-actuated tool fastener may not be driven into masonry materials

(a) within 7.5 centimetres of an unsupported edge with a low velocity tool; or

(b) within 15 centimetres of an unsupported edge with a medium or high velocity tool.

(5) A powder-actuated tool fastener shall not be driven

(a) into concrete unless material thickness is at least 3 times the fastener shank penetration;

(b) into a spalled area; or

(c) through existing holes unless a specific guide means, recommended and supplied by the manufacturer, is used to assure positive alignment.

Section 108 Chippers

108. (1) A hand-fed mobile chipper shall have a barrier or baffle installed on the feed side of the rotor to prevent ejection of chipped material.

(2) A self-feeding chipper shall have a table or apron extending at least 1.5 metres back from the rotor with sides sufficiently high to prevent a worker from reaching in and contacting the rotating knife.

(3) A driven-feed chipper shall have a guard chute or apron extending at least 90 centimetres from the feed rollers and a panic bar to stop the feed rollers.

(4) On a mobile chipper which gravity feeds material through a vertical hopper to the rotor, the sides of the hopper shall be of a sufficient depth to prevent the operator from reaching in and contacting the rotor, but in no case not less than 90 centimetres measured from the top edge of the hopper to the periphery of the rotor.

Section 109 Chain saws

109. (1) A chain saw shall meet the requirements of CSA Standard Z62.1 "Chain Saws" .

(2) A chain saw shall have a chain brake that activates automatically upon kickback regardless of the position of the power head or operator's hands.

(3) A chain saw chain shall be stopped before the saw operator moves from cut to cut, unless the next cut is in the immediate area and the saw operator can safely move to the next cutting position.

Section 110 Automotive lifts and vehicle supports

110. (1) An automotive lift or hoist shall meet the requirements of ANSI Standard ANSI/ALI ALCTV-2006 "American National Standard for Automotive Lifts - Safety Requirements for the Construction, Care, and Use".

(2) A shop crane, jack, axle stand, ramp or other type of vehicle support shall meet the requirements of the applicable section of ANSI Standard ASME PALD-2005 "Safety Standard for Portable Automotive Lifting Devices".

(3) Operation, inspection, repair, maintenance and modification of a vehicle support or lift shall be carried out according to the manufacturer's instructions or the written instructions of a professional engineer.

(4) The employer shall keep a maintenance and inspection record for each automotive lift or hoist for not less than 5 years.

(5) The rated capacity shall be marked on each automotive lift or hoist, shop crane, jack, axle stand, ramp or other vehicle support and shall not be exceeded.

(6) The control for an automotive lift shall require continuous pressure by the operator when raising or lowering the unit, and the control shall return to the neutral position when released.

Section 111 Pneumatic nailing and stapling tools

111. (1) A hand held pneumatic nailing or stapling tool capable of driving fasteners larger than 1.2 millimetres (18 gauge ASWG) shall not activate unless the operator performs 2 actions, one of which is to place the tool against a work surface.

(2) The trigger of a pneumatic nailing or stapling tool shall not be taped or otherwise secured in the "on" position, or held in the "on" position while moving between operations.

(3) The air supply to a pneumatic nailing or stapling tool shall be disconnected before adjusting or servicing the tool.

Section 112 Drilling equipment - general requirements

112. An employer shall ensure that before drilling

(a) the back, face and sides of the work area have been scaled and stabilized;

(b) the working face and surrounding area have been thoroughly washed; and

(c) remnants of holes have been inspected for explosives and distinctively marked.

Section 113 Drilling equipment use

113. (1) An employer shall ensure that

(a) a rock drill is not used unless equipped with a water jet or other device capable of suppressing rock dust; and

(b) adequate restraining devices are installed on hose connections under pressure, where inadvertent disconnection could endanger workers.

(2) Operating controls shall not be installed on the feed side of a top-hammer percussion drill.

Section 115 Rod handling

115. (1) A drill operator shall not manually add or remove drill steel, a drill bit or service drilling equipment while the drill is rotating under power.

(2) A worker assisting the drill operator with drill bit or drill steel handling shall remain clear of rotating parts of the drill system.

(3) Except as provided in subsection (4), a boom-mounted percussion drill being used with multiple lengths of coupled drill steel shall have a rod changer or other effective device installed and used to add or remove drill steel.

(4) Where it is not practicable to fit a rod changer to a boom-mounted percussion drill, adequate written safe work procedures for adding and removing drill steel shall be available and the drill shall be operated in accordance with those procedures.

Section 116 Self-propelled drills

116. (1) An operator or other worker may only ride on a self-propelled drill where the operator or other worker is in a safe position inside a roll over protective structure.

(2) Where there is no roll over protective structure, the drill shall have controls for machine travel located to allow the operator to move the machine from a position off the machine and clear of hazard should the drill roll or slide downhill.

[N.L.R. 43/22, s. 19]

Section 117 Cleaning drilled holes

117. Where a drilled hole is being cleaned using an air or water pressure blowpipe, the operator shall ensure that all persons are clear of the area made hazardous by blowback.

Section 126 Operating procedures

126. (1) The operating controls for a sandblasting machine or jetting gun shall be

(a) located near the nozzle in a position where the operator's hands are when using the device;

(b) a continuous pressure type that immediately stops the flow of material when released; and

(c) protected from inadvertent activation.

(2) Where hand operated controls are impracticable, subsection (1)(a) does not apply and an operator shall use a foot operated control or equivalent safety device, of a design acceptable to the minister.

(3) A jetting gun shall not be modified except as authorized by the manufacturer.

(4) A worker shall not hand hold an object while it is being cleaned or cut by a jetting gun.

(5) High pressure hoses, pipes, and fittings shall be supported to prevent excessive sway and movement.

(6) A nozzle or jetting gun operator shall wear personal protective clothing and equipment on the body, hands, arms, legs and feet, including the metatarsal area, made of canvas, leather or other material which will protect the worker's skin from injury in the event of contact with the flow from the nozzle.

(7) Except where the process is isolated from the operator in a separate cabinet, suitable respiratory protective equipment shall be provided and worn whenever abrasive blasting or a similar operation is conducted.

Part XXIV WOODWORKING AND WOOD PRODUCTS MANUFACTURING

Section 471 Circular saws

471. (1) A circular saw having a rip-type tooth shall be provided with non-kickback fingers or dogs located so that they oppose the thrust or tendency of the saw to pick up the material or to throw it back and the dogs shall be designed to provide adequate holding power for the thickness of the material being cut.

(2) A hand fed circular rip saw shall be equipped with a splitter or spreader designed so that material is prevented from binding on the saw blade and the saw withstands work stresses.

(3) A spreader referred to in subsection (2) shall be attached so that it remains in alignment with the saw, even when either the saw or table is tilted, and shall be placed so that the space between the spreader and the back of the saw when the largest blade is mounted in the machine does not exceed 1.27 centimetres.

(4) The use of a spreader or splitter in connection with grooving, dadoing or rabbeting is not required but on completion of these operations, the spreader or splitter shall be replaced immediately.

(5) A rip-saw shall be located so that a worker cannot work in line with the saw unless protected by a barrier to prevent the worker from being struck by material kicked back by the saw.

(6) A swing cut-off saw shall be provided with an effective device to return the saw automatically to the back of the table when released at a point of its travel and the functioning of the device shall not depend on a fibre rope, cord or spring.

(7) Where a counterweight is used on a swing cut-off saw, it shall be provided with a substantial safety chain or cable or shall be otherwise secured against falling wherever there is danger to a worker.

(8) A swing saw shall be provided with a limit chain, or other equally effective device to prevent the saw from swinging beyond the front of the table or beyond a forward position where the gullets of the lowest saw teeth rise above the table top.

(9) A swing saw shall be prevented from rebounding by a latch or other effective device.

(10) A radial arm saw cutting table shall be of a width that no part of the saw blade overhangs the forward edge of the table, or a stop shall be installed to limit the forward travel of the saw to that effect.

(11) An operator of a swing cut-off saw shall take a position so that no part of the operator’s body is in line with the saw and an operating handle shall be on the side of the saw from which the material is fed and operated by the hand closest to the saw.

(12) A dull, badly set, improperly filed or improperly tensioned saw or an inserted-tooth saw with poorly fitting shanks or worn bits shall be immediately removed from service.

(13) A hand-fed tenoning machine shall have a device which holds the material being cut.

(14) A hand-held circular saw shall have a guard which automatically adjusts to the thickness of the material being cut, and which, when the saw is withdrawn from the material, completely covers the cutting area of the blade.

(15) An operator shall visually inspect a saw before use and a concern identified during the inspection shall be adequately addressed before the saw is used.

[N.L.R. 43/22, s. 40]

Section 472 Operator protection

472. (1) Where material is manually fed to equipment which does not have a means to prevent workers' fingers entering the dangerous point of operation, a special hand tool shall be used.

(2) A template, jig, or pushstick shall be used where there is a risk of injury to a worker's hands when feeding woodworking machinery.

(3) Where the use of a guard on woodworking machinery is clearly impracticable for a specific operation, the guard may be removed, but an appropriate pushstick, jig, feather board or similar device shall be used to prevent the operator encroaching into the cutting area, and upon completion of the operation the guard shall be replaced.

(4) A guard may otherwise only be removed where the guard itself creates a hazard, or where its removal is necessary for maintenance.

(5) A machine requiring hand-fed or manual-fed operations shall be equipped with a device to hold the material being cut.

(6 )Where a knife, saw, cutting head or other sharp-edged device is handled or transported, the cutting edge shall be guarded or other methods adopted to minimize the danger to a worker.

(7) Where loads of veneer are stacked in the vicinity of work areas or passage ways, they shall be rigidly supported and there shall be at least 3 spacing blocks between unit loads.

Section 473 Cutting heads

473. (1) A hand-fed wood jointer with a horizontal head shall be equipped with a cylindrical cutting head.

(2) All knives and cutting-heads of woodworking machines shall be kept sharp, properly adjusted and firmly secured.

(3) Where 2 or more knives are used in one head, they shall be properly balanced.

(4) A cutting head on a woodworking tool or piece of equipment, including a router, shaper and sticker shall be

(a) properly adjusted and secured; and

(b) fitted with a protective hood that is sufficiently strong to contain flying metal fragments in the event that the cutting head components fail.

Part XXV FORESTRY OPERATIONS

Section 475 Brush saws

475. An employee who operates a brush saw or a clearing saw shall

(a) operate and maintain the saw in accordance with the manufacturer's specifications;

(b) ensure that the saw is equipped with an adequate blade guard;

(c) maintain a minimum 10 metre distance from another person while operating the saw;

(d) regularly inspect the blade and file it when necessary;

(e) replace the blade at the first sign of cracks or fractures;

(f) fit the saw only with blades and component parts specified by the manufacturer;

(g) use a harness suitable for use with the saw;

(h) ensure that the harness is well maintained and properly adjusted and that the emergency release on the harness functions properly;

(i) stop the engine before a manual adjustment, cleaning, clearing of debris or other work is carried out on the blade or blade guards; and

(j) not start the saw while it is attached to the harness.