Powered Mobile Equipment

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Operating and working near powered mobile equipment (PME) can be dangerous. It is important that you select, inspect, maintain, and operate all PME according to the manufacturer’s instructions, applicable standards and legislation, or according to a professional engineer.

PME must be equipped with the required safety features, such as warning devices, seat belts, rollover protection structures, lights, and load rating markings and charts. There must also be adequate ventilation and other precautions in place to prevent overexposure to exhaust components when PME is used indoors or in an enclosed space.

PME must only be operated by competent workers who understand the requirements, for both their own safety and that of other persons nearby. They must know the safe operating instructions, follow safe work practices and procedures, and report any condition that may affect the safe operation of the equipment to their supervisor or employer. Operators must also be formally trained, where required.

Employer Responsibilities

Inspect, repair, maintain, modify, and operate

Where PME is used, the employer must:

  • Inspect the PME at appropriate intervals and in accordance with the manufacturer’s instructions to maintain safe working conditions and correct unsafe conditions.
  • Make sure it is capable of safely performing the functions for which it is used, and that it is selected, used, and operated according to the manufacturer’s instructions, applicable standards and legislation.
  • Maintain PME in a safe operating condition.
  • Make sure inspection, repair, maintenance, modification, and operation are carried out according to the manufacturer’s instructions or, if there are no instructions, according to a professional engineer.
  • Make sure service, maintenance, and repair of PME is done when the equipment is:
    • Not in operation; or
    • Is in operation, but the continued operation is essential and work can be done safely.
  • Make sure the design, fabrication, use, inspection, and maintenance of:
    • Mobile and locomotive cranes meet the requirements of CSA Z150 Safety code for mobile cranes or another approved equivalent standard.
    • Vehicles with mounted aerial devices, except for firefighting vehicles, meet the requirements of CSA C225 Vehicle-mounted aerial devices or another approved equivalent standard.
    • Firefighting vehicles with mounted aerial devices meet the requirements of NFPA 1911 Standard for inspection, maintenance, testing and retirement of in-service automotive fire apparatus, 2007 Edition.
    • Lift trucks meet the requirements of CSA B335 Safety standard for lift trucks.
  • Keep maintenance and inspection records up to date and make them available to the operator and maintenance personnel.
  • Make sure PME is appropriate for the intended use, when used off maintained roads.
  • Provide appropriate fire suppression equipment aboard PME, where required.
  • Make sure an elevated or extended part of PME, or its load, is not left unattended by the operator unless it has been immobilized and secured against unintended movement.
  • Make sure an elevated or extended part of PME, or its load, is securely blocked when a worker is required to work beneath the elevated or extended part, or load. Hydraulic or pneumatic jacks must not be used for blocking, unless they have been fitted with a device to prevent collapse during a loss of pressure.
  • Make sure a worker does not move a load, cab, counterweight, or other part of the PME, if movement will create a hazard to the operator or another person.
  • Rig guy lines passing over travelled roads at a sufficient height to clear all traffic, except for exceptional circumstances. Guy lines that are not at a sufficient height must be clearly identified.

Tires, rims and wheels

The employer must:

  • Provide safe work procedures for servicing PME, including the tires, rims, and wheels, and make sure the procedures are used.
  • Make sure tires are deflated before demounting, and deflating is done in an area where sources of ignition are controlled or removed.
  • Make sure workers clean and inspect tires, rims, and wheel parts for damage before mounting, and any defected or damaged parts are replaced.
  • Make sure tires are inflated using a remote chuck with a sufficient length of hose and an inline hand operated valve that includes a gauge. The purpose is to make sure the worker is outside the likely path of travel should the wheel components separate during inflation.
  • Make sure tires mounted on a multipiece rim wheel are placed in a cage or other restraining device during inflation.
  • Make sure a bead expander used to seat the beads of a tire is removed before the tire is inflated to more than 34.5 kPa (5 psi).
  • Not permit welding or heating of an assembled rim or wheel part, except when limited heating is used to facilitate removal of a wheel from a hub after the tire has been deflated by removing the valve core.
  • Make sure tires on a multipiece rim wheel are deflated to atmospheric pressure by removing the valve core or by another effective means before demounting. In the case of a dual wheel arrangement, both tires must be deflated to atmospheric pressure before a wheel nut is loosened.
  • Make sure multipiece rim and wheel components are not be interchanged except as permitted by the manufacturer’s rim or wheel charts.
  • Make sure multipiece rim wheels that have been used at less than 80 per cent of the recommended inflation pressure for the application are deflated, disassembled, and inspected before reinflation.

Operator training and competency

Before a person can operate PME, they must:

  • Receive adequate instructions and demonstrate to a supervisor or instructor that they are a competent equipment operator;
  • Be authorized by the employer to operate PME;
  • Be familiar with the operating instructions for the specific equipment they will be operating; and
  • Complete a course on air brake systems issued by an approved organization, when required to operate PME equipped with an air brake.

The above requirements are not needed when a trainee operates PME under the supervision of a qualified instructor or supervisor, authorized by the employer.

Operator training for lift trucks must meet the requirements of CSA B335 Safety standard for lift trucks.

A person must not operate a mobile crane, boom truck, or similar equipment that has the capacity of encroaching on a power line without having first completed a power line hazards training program approved by WorkplaceNL.

Safety features

The employer must make sure PME is equipped with the required safety features, such warning devices, lights, mirrors, rollover protection structures, seats and seat belts.

Warning Devices

The employer must:

  • Make sure warnings signage used on earth moving machinery meet the requirements of ISO 9244:1995 Earth moving machinery - safety signs and hazard pictorials - General principles.
  • Equip PME with an audible warning signal when:
    • It is capable of a forward speed greater than 8 km/hr;
    • It operates in reverse. The audible warning device must start automatically and continue for the entire duration while reversing; and
    • Under exceptional circumstances and required by OHS Division.
  • When a required audible warning device cannot be clearly heard above background noises, another additional warning device or measure must be used.
  • PME used during the periods from 30 minutes after sunset to 30 minutes before sunrise, or when visibility is poor at 150 metres (e.g., a person or vehicle cannot be clearly seen) have and use light(s) to adequately illuminate:
    • The direction of travel;
    • The working area around the PME; and
    • The instruments in the cab of the PME.

Lights and mirrors

The employer must:

  • Make sure headlights and backup lights required to illuminate the direction of travel meet the requirements of the Society of Automotive Engineers (SAE) J1029 MAR86 Lighting and Marking of Construction and Industrial Machinery.
  • Make sure PME have a mirror that provides the operator with an undistorted reflected view to the rear of the PME. To improve rear vision, a combination of parabolic and flat mirrors may be used.

Protective structures

Where operators may be exposed to falling, flying, or intruding objects or materials, employers must:

  • Provide a suitable cab, screen, grill, deflector, or guard that meets the design criteria of the applicable Society of Automotive Engineers recommended practice.
  • Make sure a worker does not remain inside the cab of a vehicle while loads are raised over the cab unless the cab is protected by an adequate overhead guard.

The employer must provide rollover protection structures (ROPS) for PME weighing 700 kgs or greater, including:

  • Crawler tractors, dozers, loaders and skidders;
  • Wheeled tractors, dozers, loaders and skidders;
  • Motor graders;
  • Self-propelled wheel scrapers;
  • Agricultural and industrial tractors;
  • Compactors and rollers; and
  • Self-propelled rock drills moved by an on-board operator.

ROPS must also be provided when the design of the equipment or circumstances of use indicate it is needed and where required by OHS Division.

Where ROPS are required, they must meet the requirements of one of the following standards or another equivalent standard approved by OHS Division:

  • CSA Standard B352.0-95 Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines - Part 1: General Requirements.
  • CSA Standard B352.1-95 Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines - Part 2: Testing Requirements for ROPS on Agricultural Tractors.
  • CSA Standard B352.2-95 Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines - Part 3: Testing Requirements for ROPS on Construction, Earthmoving, Forestry, Industrial, and Mining Machine.
  • Society of Automotive Engineers (SAE) Standard J1040 MAY94 Performance Criteria for Rollover Protective Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining Machines.
  • ISO Standard 3471: 1994 Earth-moving Machinery - Rollover Protective Structures - Laboratory Tests and Performance Requirements.

Where ROPS are required, they must:

  • Be certified by the manufacturer or a professional engineer indicating that it meets suitable standard specified by legislation.
  • Be recertified by the manufacturer or a professional engineer if modifications, additions, welding, or cutting is done to the ROPS.
  • Be modified or changed (e.g., additions, welding, cutting, etc.) according to the manufacture’s instructions.
  • Be permanently marked with the following information:
    • Name and address of the manufacturer or the certifying professional engineer;
    • Model number or other effective means of identifying the machine for which the ROPS was designed;
    • Serial number or other unique means of identifying the ROPS;
    • Maximum weight of the machine for which the ROPS was designed; and
    • Standard to which the rollover protective structure conforms.
  • Be permanently marked with the following information, if they have been modified:
    • Identification of the modifications;
    • Date of recertification; and
    • Name and address of the recertifying engineer.

ROPS and other structures required for the safety of the operator must be designed and installed to allow the operator to have adequate vision to safely operate.

Seating and standing requirements

The employer must:

  • Provide passengers and operators of PME with a safely located and securely mounted seat and seat belt that is well designed and constructed, or other facilities capable of protecting the operator or passenger, including:
    • Footboards or platforms for persons to stand or sit that are located to protect workers from accidental contact, and are combined with handholds; or
    • Seat belts, harnesses, guardrails, or another effective means of restraint.
  • When seat belts are provided, they must be worn by the operator and passengers at all times when the equipment is in motion, or when operated in a stationary mode. It is the responsibility of the operator to make sure all passengers use seat belts.
  • Provide the operator of PME that is designed to be operated in the standing position (e.g., graders and rollers) with protection that includes a restraining harness designed to prevent the operator from being thrown from the cab in a rollover situation. The restraining harness must have a quick release device.
  • Additional restraining devices must be installed and used to prevent the operator of a road grader from falling from the cab where:
    • It is operated with the cab doors open;
    • The operator must be in a standing position to operate the equipment; and
    • The operator is unable to wear a seat belt.

Loading

When using lift equipment, a lifting device, or accessory to lift, suspend, or lower a load, or another similar operation the employer must make sure:

  • Operators follow the safe working load (SWL) specified by the manufacturer, unless instructed otherwise by legislation.
  • The SWL is certified by a professional engineer, or another person acceptable to OHS Division, when:
    • The manufacturer’s specifications or warranty cannot be provided;
    • The equipment has been modified in a way that changes its SWL;
    • Wear, corrosion, damage, or signs of fatigue are found that may affect the SWL;
    • The equipment is used in a way or for a purpose other than what it was designed for that changes the SWL; or
    • An OHS Officer considers certification necessary.
  • Buckets, forks, booms, hoists, and other load handling attachments are installed according to the manufacturer’s instructions or a professional engineer.
  • PME designed and used for lifting, hoisting, or similar operations has permanent marking indicating the SWL, which can be easily seen and read by the operator.
  • A load chart is displayed in the operator’s cab which shows how the SWL varies with the reach of the equipment.
  • A load is loaded and secured to prevent movement which could create a hazard to workers, where a material or equipment is transported.
  • A means of restraining a load is provided when it may shift during rapid deceleration (e.g., emergency stop) that prevents the load from shifting significantly relative to the carrier and meets an approved standard.
  • Cylindrical objects (e.g., compressed or liquefied gas cylinders, fire extinguishers, etc.) transported on their sides are restrained to prevent unintended movement.
  • A unitized load transported by a lift truck must not project a distance greater than half its height above the fork carriage, back rest, or back rest extension, of the lift truck.
  • No part of a load comprised of loose objects can project above the fork carriage, back rest, or back extension of a lift truck.
  • Loads that may shift are restrained where shifting could result in the instability of the load or the lift truck.

Protection of pedestrian traffic

Where PME operates near pedestrian traffic, the employer must make sure:

  • Designated walkways are used to separate pedestrian traffic from areas where a PME operates, where practical.
  • Where designated walkways are not practical, adequate safe work procedure(s) are in place to minimize the risk of a collision in hazardous work areas. These procedures must include:
    • Use of a traffic control system;
    • Enforcement of speed limits for PME; and
    • Requirement for pedestrians and operators to acknowledge each other’s presence before a pedestrian can proceed through a hazardous work area, or another effective procedure.

Ventilation requirements

Where PME is used indoors or in an enclosed area, the employer must make sure:

  • There is adequate ventilation and appropriate circulation of clean air in accordance with standards established by ASHRAE and ACGIH.
  • Workers are protected from dust, fumes, vapour, mist, or other harmful substances by using a properly maintained ventilation system that is sufficient for preventing worker overexposure.
  • The engine is serviced to minimize the concentration of air contaminants in the exhaust according to ACGIH standards; and
  • The work area is assessed to determine potential worker exposure to harmful levels of exhaust components, and that appropriate controls are used when there is a potential for exposure above ACGIH occupational exposure limits (TLVs).

Supervisor Responsibilities

Supervisors must not operate or permit a worker to operate, PME that could put the health and safety of a person at risk, or which is in violation of the regulations.

Worker Responsibilities

Workers must:

  • Use or wear all necessary PPE and safety devices according to manufacturer’s instructions and training.
  • Co-operate with the employer and co-workers to protect the health and safety of everyone in the workplace.
  • Follow safe work practices and procedures.
  • Immediately report hazards to the supervisor or employer.
  • Not carry out work, or operate a tool, appliance, or equipment, where a present or potential hazard creates an imminent danger to themselves or others.
  • Participate in training and hazard assessments, where it is offered.
  • Not use equipment or perform work tasks where the required training has not yet taken place.
  • Make sure that all guards are in place and no one will be endangered, before starting any tools, machinery, or equipment.
  • Not enter or remain at the workplace when impaired by an intoxicating substance or another cause that affects their ability to perform work safely, or that may endanger themselves or others.

Workers operating PME must:

  • Operate equipment safely, maintain full control, and comply with all applicable laws.
  • Make sure that no worker is near the swing radius of equipment while it is operating.
  • Inspect the equipment before it is used for each shift, and at appropriate intervals to make sure the equipment safely in maintained. Any defects or other conditions that may impact safe operation must be reported immediately to the supervisor or employer, and the equipment must not be used until repairs or adjustments are made.
  • Make sure the cab, floor, and deck are free of material, tools or other objects which could create a tripping hazard, interfere with the operation of controls, or be a hazard to the operator or occupants in the event of an accident.
  • Not leave the equipment controls unattended unless the equipment has been secured against inadvertent movement, which includes:
    • Setting the parking break;
    • Placing the transmission in the manufacturer’s specified park position;
    • Chocking the wheels, where necessary; and
    • Landing the buckets and blades in a safe position.
  • Not remain inside the cab of a vehicle while loads are raised over the cab unless the cab is protected by an adequate overhead guard.
  • Wear seat belts at all times, if available and required, when the equipment is in motion, or when operated in a stationary mode. It is the responsibility of the operator to make sure all passengers use seat belts.
  • Not leave an elevated load, part, extension, or machine unattended unless it has been immobilized and secured against inadvertent movement.
  • Not move a load, cab, counterweight, or other part of the PME, if movement will create a hazard to the operator or another person.
  • Not move PME if their view is obstructed. The equipment should only be moved if the view is obstructed and the following conditions are met:
    • The operator inspects the work area on foot immediately before moving;
    • At the direction of a signaller:
      • Located in a safe position in the continuous view of the operator;
      • Having an unobstructed view of the area into which the equipment is being moved; and
      • Having no other duties to distract them from viewing the PME; or
    • Under the direction of a traffic control system.

Related Topics

Powered mobile equipment (PME)

A wheeled or tracked vehicle that is powered by an engine or motor, together with attached or towed equipment, but does not include a vehicle operated on fixed rails or tracks.
Examples of PME include crawlers and wheeled tractors, dozers, loaders, skidders, graders, self-propelled wheel scrapers, agricultural and industrial tractors, and lift trucks.

CSA

CSA is the Canadian Standards Association Group. Certain CSA standards are available for online viewing.
To access these, you must first create an account with "CSA Communities".
Go to: https://community.csagroup.org/login.jspa?referer=%252Findex.jspa
Once you are logged in, click on the text below the "OHS Standards / View Access" graphic.
Click on the jurisdiction of your choice to see the CSA Standards as referenced in that legislation.
Standards may also be purchased from CSA Group: https://store.csagroup.org/

National Fire Protection Association (NFPA)

The National Fire Protection Association (NFPA) is a USA organization that sets codes and standards.
https://www.nfpa.org/

Qualified person

A person who is knowledgeable of the work, the hazards involved and the means to control the hazards, by reason of education, training, experience or a combination of them.

Safe working load (SWL)

The maximum safe force that a piece of lifting equipment, lifting device or accessory can exert to lift, suspend, or lower, a given mass without fear of breaking. Also called the Normal Working Load (NWL).
Overloading PME can result in the accidental release of the load or the structural or mechanical failure of the lifting equipment. In simple terms, the SWL is the maximum load a piece of equipment can safely lift safely.
The SWL is usually marked on the equipment by the manufacturer.

OHS Officer

An occupational health and safety officer appointed under this Act and includes a medical practitioner providing services under section 20 while he or she is providing those services.

Traffic control

Traffic control includes the use of:

  • Patrol vehicles
  • Traffic lights
  • Signs
  • Barricades
  • Cones
  • Detours
  • Traffic control persons
  • Other necessary techniques and devices

ACGIH (American Conference of Governmental Industrial Hygienists)

The American Conference of Governmental Industrial Hygienists (ACGIH) is a scientific organization that develops occupational exposure limits for chemical and physical hazards. These limits can be found in their TLVs® and BEIs® book.
In Newfoundland and Labrador, acceptable occupational exposure limits are established by the ACGIH.

Threshold Limit Values (TLVs)

Threshold limit values represent conditions under which it is believed that nearly all workers may be repeatedly exposed, day after day, over a working lifetime, without adverse health effects.

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

Section 2 Definitions

2. In this Act

(a) "assistant deputy minister" means an assistant deputy minister appointed under section 9 of the Executive Council Act for the proper conduct of this Act;

(b) "board" means the Labour Relations Board referred to in the Labour Relations Act;

(c) "committee" means an occupational health and safety committee referred to in this Act;

(d) "council" means the Occupational Health and Safety Council referred to in this Act;

(e) "division" means the Occupational Health and Safety Division;

(f) "employer" means a person who employs 1 or more workers;

(g) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(h) "occupation" means employment prescribed by the regulations as an occupation;

(i) "officer" means an occupational health and safety officer appointed under this Act and includes a medical practitioner providing services under section 20 while he or she is providing those services;

(j) "principal contractor" means the person primarily responsible for the carrying out of a project and includes the person who owns the thing in respect of which the project is being carried out;

(k) "self-employed person" means a person who is engaged in an occupation on his or her own behalf;

(k.1) "supervisor" means a person authorized or designated by an employer to exercise direction and control over workers of the employer;

(l) "supplier" means a person who rents or leases tools, appliances or equipment to be used by a worker;

(m) "worker" means a person engaged in an occupation; and

(n) "workplace" means a place where a worker or self-employed person is engaged in an occupation and includes a vehicle or mobile equipment used by a worker in an occupation.

[S.N.L. 1999, c. 28, s. 1; 2006, c. 16, s. 1; 2009, c. 19, s. 1]

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 8 Imminent danger

8. A worker shall not

(a) carry out work where there exists an imminent danger to his or her or another worker's health or safety or the health or safety of another person; or

(b) operate a tool, appliance or equipment that will create an imminent danger to his or her or another worker's health or safety or the health or safety of another person.

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

Part I GENERAL

Section 2 Interpretation

2. (1) In these regulations

(a) "accident" includes

(i) an event occasioned by a physical or natural cause, or

(ii) disablement arising out of and in the course of employment;

(b) "ACGIH" means the American Conference of Governmental Industrial Hygienists;

(c) "Act" means the Occupational Health and Safety Act ;

(d) "administrative controls" means the provision, use and scheduling of work activities and resources in the workplace, including planning, organizing, staffing and coordinating, for the purpose of controlling risk;

(e) "ASHRAE" means the American Society of Heating, Refrigeration and Air Conditioning Engineers;

(f) "authorized" means, in reference to a person, a qualified person designated by an employer to carry out specific functions;

(g) "commission" means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Act ;

(h) "competent" means a person who is

(i) qualified because of that person's knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and these regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;

(i) "construction" means building, erection, excavation, alteration, repair, renovation, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and work in connection with it;

(j) "CSA" means the Canadian Standards Association;

(k) "engineering controls" means the physical arrangement, design or alteration of workstations, equipment, materials, production facilities or other aspects of the physical work environment, for the purpose of controlling risk;

(l) "hazardous health occupation" means an occupation from which an occupational disease may arise;

(m) "hot work" means work which involves burning, welding, cutting, grinding, using fire or spark producing tools or other work that produces a source of ignition;

(n) "injury" means

(i) an injury as a result of a chance event occasioned by a physical or natural cause, (ii) an injury as a result of wilful and intentional act, not being the act of the worker, (iii) disablement, (iv) occupational disease, or (v) death as a result of an injury arising out of and in the course of employment and includes a recurrence of an injury and an aggravation of a pre-existing condition but does not include stress other than stress that is an acute reaction to a sudden and unexpected traumatic event;

(o) "ISO" means the International Organization for Standardization;

(p) "mine" means mine as defined in the Mining Act ;

(q) "occupation" means an employment, business, calling or pursuit but does not include an endeavour that is not included in one of the classes of occupations in the current National Occupational Classification List developed by the Department of Human Resources and Social Development Canada in collaboration with Statistics Canada;

(r) "occupational disease" means a disease prescribed by regulations under section 90 of the Workplace Health, Safety and Compensation Act and another disease peculiar to or characteristic of a particular industrial process, trade or occupation;

(s) "occupational health service" means a service established in or near a workplace to maintain and promote the physical and mental well-being of workers and may include personnel, equipment, transportation, supplies and facilities;

(t) "plant" means buildings, equipment and facilities where a worker or self-employed person is engaged in an occupation;

(u) "professional engineer" means a person who holds a certificate of registration to engage in the practice of engineering under the Engineers and Geoscientists Act;

(v) "proof test" means a test applied to a product to determine material or manufacturing defects;

(w) "qualified" means being knowledgeable of the work, the hazards involved and the means to control the hazards, by reason of education, training, experience or a combination of them;

(x) "TLV" means the documentation of threshold limit values for chemical substances and physical agents in the work environment published annually or more frequently by the ACGIH; and

(y) "work platform" means an elevated or suspended temporary work base for workers.

(2) In these regulations, a reference to a code or guideline, unless otherwise stated, includes amendments to that code or guideline and a reference shall be presumed to be a reference to the most current code or guideline.

(3) Where there is a conflict between a standard established by these regulations or a code or standard adopted by these regulations, the more stringent standard applies.

Part III GENERAL DUTIES

Section 16 Safe working load of equipment

16. (1) Except as provided elsewhere in these regulations, the safe working load of equipment shall be that specified by the manufacturer.

(2) The safe working load of equipment shall be certified by a suitably qualified and registered professional engineer or other person named by the employer and acceptable to the assistant deputy minister where

(a) the manufacturer's specification or other acceptable warranty cannot be produced;

(b) the equipment has been modified in a manner that changes its safe working load;

(c) wear, corrosion, damage or signs of fatigue are found which may reduce the safe working load;

(d) the equipment is used in a manner or for a purpose other than that for which it was originally designed, where that use changes the safe working load; or

(e) the provision of the certification is considered to be necessary by an officer.

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 his or her 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 he or she has been instructed.

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

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 his or her 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.

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 his or her ability to perform work responsibilities is impaired by intoxicating substances or another cause that endangers his or her health or safety 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.

Part VI OCCUPATIONAL HEALTH REQUIREMENTS

Section 45 Ventilation

45. (1) An employer shall ensure that

(a) there is appropriate circulation of clean and wholesome air;

(b) there is adequate ventilation; and

(c) impurities are made harmless and inoffensive

in a workplace in accordance with standards established by ASHRAE and ACGIH.

(2) Where a work or process gives off dust, fumes, vapour, mist or other impurity of a kind and quantity liable to be injurious or offensive to a worker, an employer shall provide, maintain and ensure the proper use of a ventilation system sufficient to protect the worker against inhalation of impurities and to prevent impurities accumulating in the work space.

(3) Where practicable, local exhaust ventilation shall be installed and maintained near to the point of origin of an impurity to prevent it entering the air of the workplace and the breathing zone of its workers.

(4) Impurities removed under subsections (2) and (3) shall be exhausted clear of a workplace and prevented from entering a workplace.

(5) An employer shall ensure that,

(a) all parts of a ventilation system are maintained;

(b) louvers are cleaned regularly; and

(c) ventilation openings are free of obstruction and sources of contamination.

(6) Where possible, exhaust from an internal combustion engine operated indoors shall be vented to the outdoors.

(7) Where mobile equipment powered by an internal combustion engine is operated indoors or in an enclosed work area

(a) the engine shall be adequately serviced and maintained to minimize the concentration of air contaminants in the exhaust to the applicable ACGIH Standards, and

(b) the work area shall be assessed to determine the potential for exposure of workers to harmful levels of exhaust components.

(8) Where a worker is or may be exposed to an exhaust gas component in concentrations exceeding the applicable exposure limits, exhaust gas scrubbers, catalytic converters, or other engineering controls shall be installed.

(9) An employer, contractor or owner shall ensure that

(a) the mechanical ventilation system

(i) including humidification equipment, is constructed and maintained to minimize the growth and dissemination of micro-organisms, insects and mites through the ventilation system, and

(ii) where reasonably practicable, is readily accessible for cleaning and inspection;

(b) a qualified person inspects and maintains all parts of a mechanical ventilation system, cleans all louvers and replaces or adequately cleans all filters at a frequency that is sufficient to protect the health and safety of workers;

(c) a record of all inspections, maintenance and cleaning of the mechanical ventilation system is

(i) completed by a qualified person who performs the work, and

(ii) readily available for examination by the occupational health and safety committee, or worker representative or designate or, where there is no committee, representative or designate, by the workers and the occupational health and safety officer;

(d) when mechanical ventilation is required, the ventilating fans are located to prevent recirculation of contaminated air; and

(e) measurements of the air volume of the mechanical ventilation system are taken at suitable intervals to ensure compliance with the minimum air volume requirements in accordance with standards established by ASHRAE, ACGIH or other applicable standard approved by the minister.

(10) An employer shall ensure that, wherever possible, a less hazardous substance or work process is used in preference to a more hazardous substance or process.

(11) A ventilation system used to control airborne contaminants shall have electrical and mechanical systems designed to control all potential ignition sources and meet the requirements of the Canadian Electrical Code.

Part VIII MACHINERY AND EQUIPMENT

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.

Part XII POWERED MOBILE EQUIPMENT

Section 250 Definitions

250. In this Part

(a) "mobile equipment" means a wheeled or tracked vehicle which is engine or motor powered, together with attached or towed equipment, but does not include a vehicle operated on fixed rails or tracks;

(b) "no significant hazard of rollover" means an area in which there are no grades exceeding 10%, no operating areas with open edges, and no open ramps, loading docks, ditches or other similar hazards which may cause a rollover; and

(c) "specific location" means a yard, plant or other clearly defined and limited area in which mobile equipment is operated, but does not include a entire municipality, district, transient forestry operation or construction site.

Section 251 Operation and maintenance

251. (1) Mobile equipment shall be maintained in safe operating condition and operation, inspection, repair, maintenance and modification shall be carried out in accordance with the manufacturer's instructions or, in the absence of instructions, as approved by a registered professional engineer.

(2) Servicing, maintenance and repair of mobile equipment shall be done

(a) when the equipment is not in operation; or

(b) when the equipment is in operation, where continued operation is essential to the process and a safe means is provided.

(3) The design, fabrication, use, inspection and maintenance of mobile equipment shall meet the requirements of the following applicable standard or other standards acceptable to the minister:

Table

Equipment Applicable Standard
Mobile and Locomotive Cranes CSA Standard Z150 , "Safety Code for Mobile Cranes"
Vehicles with Mounted Aerial Devices (except fire-fighting equipment) CSA Standard C225 "Vehicle-Mounted Aerial Devices"
Vehicles with Mounted Aerial Devices (fire fighting equipment) NFPA 1911 "Standard for Inspection, Maintenance, Testing and Retirement of In-Service Automotive Fire Apparatus, 2007 Edition"
Safety and Hazard Warnings ISO Standard 9244:1995 "Earth moving machinery - safety signs and hazard pictorials - General principles
Lift Truck and Associated Operator training CSA Standard B335 "Safety Standard for Lift Trucks"

(4) Maintenance and inspection records shall be maintained and made reasonably available to the operator and maintenance personnel during work hours.

(5) Mobile equipment used off maintained roads shall be appropriate and safe for the intended use taking into account factors including the nature of the travel surface and its slope and the activities to be undertaken.

(6) Adequate and approved fire suppression equipment shall be provided where required by the minister.

Section 252 Competency and testing operators

252. (1) A person shall not operate mobile equipment unless he or she

(a) has received adequate instruction and has demonstrated to a supervisor or instructor that he or she is a competent equipment operator;

(b) has been authorized to operate mobile equipment;

(c) is familiar with the operating instructions for particular equipment before he or she attempts to operate it; and

(d) has, where required to operate an air brake equipped vehicle, evidence of successful completion of a course on air brake systems issued by an organization acceptable to the minister.

(2) Subsection (1) does not apply where a trainee operates the equipment under the supervision of a qualified instructor or supervisor as authorized by the employer.

Section 253 Operator's responsibility

253. (1) The operator of mobile equipment shall operate the equipment safely, maintain full control of the equipment, and comply with the laws governing the operation of the equipment.

(2) The operator of mobile equipment shall ensure that a worker is not in close proximity to the swing radius of the equipment while it is in operation.

Section 254 Supervisor's responsibility

254. A supervisor shall not knowingly operate, or permit a worker to operate, mobile equipment which is, or which could create, an undue hazard to the health or safety of a person, or which is in violation of these regulations.

Section 255 Warning signal device

255. (1) Mobile equipment shall be equipped with an audible warning signal device as follows:

(a) where the mobile equipment is capable of a forward speed exceeding 8 kilometres an hour;

(b) where mobile equipment operates in reverse motion, it shall be equipped with a suitable audible warning device that initiates automatically when the equipment starts to move in reverse and which continues to operate while the equipment is moving in reverse; and

(c) where the mobile equipment is not capable of speeds greater than 8 kilometres an hour, the minister may, in exceptional circumstances, order the use of an audible warning device.

(2) Where an audible warning device referred to in subsection (1) cannot be clearly heard or identified above the noise of other equipment or surrounding noise, another warning device or measure shall be utilized.

Section 256 Lights

256. (1) Mobile equipment used during the period from 1/2 hour after sunset to 1/2 hour before sunrise, or when a person or vehicle is not clearly discernible at a distance of 150 metres shall have and use light to adequately illuminate

(a) the direction of travel;

(b) the working area about the mobile equipment; and

(c) the cab instruments.

(2) A headlight and backing light required by paragraph (1)(a) shall meet the requirements of Society of Automotive Engineers (SAE) J1029 MAR86 "Lighting and Marking of Construction and Industrial Machinery".

Section 257 Rear view mirrors

257. (1) Mobile equipment shall have a mirror providing the operator with an undistorted reflected view to the rear of the mobile equipment or combination of mobile equipment, except as provided in subsection (2).

(2) Where necessary to improve rear vision, a combination of parabolic and flat mirrors may be used.

Section 258 Load handling attachments

258. Buckets, forks, booms, hoists and other load handling attachments shall only be installed on mobile equipment as specified by the equipment manufacturer or where certified by a professional engineer for use on the equipment.

Section 259 Load ratings

259. (1) Mobile equipment designed and used for lifting, hoisting or similar operations shall have a permanently affixed notation, legible and visible to the operator, stating the rated load of the equipment.

(2) A load chart shall be displayed in the operator's cab where the rated load varies with the reach of the equipment.

Section 260 Operative protective structures

260. (1) An equipment operator shall be protected against falling, flying or intruding objects or materials by means of a suitable cab, screen, grill, deflector or guard that meets the design criteria of the Society of Automotive Engineers applicable recommended practice.

(2) A worker shall not remain in the cab of a vehicle while loads are elevated over the cab unless the cab is protected by an adequate overhead guard.

Section 261 Rollover protective structures

261. (1) The following types of mobile equipment weighing 700 kilograms or more shall have rollover protective structures ("ROPS"):

(a) crawler tractors, dozers, loaders and skidders;

(b) wheeled tractors, dozers, loaders and skidders;

(c) motor graders;

(d) self-propelled wheel scrapers;

(e) agricultural and industrial tractors;

(f) compactors and rollers; and

(g) self-propelled rock drills moved by an on-board operator.

(2) The minister may require a rollover protective structure to be installed on mobile equipment, other than mobile equipment referred to in subsection (1), where the design of the equipment or circumstances of use indicate the need.

Section 262 Rollover protective structure standards

262. A rollover protective structure shall meet the requirements of one of the following applicable standards or other standard acceptable to the minister:

(a) CSA Standard B352.0-95 "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines - Part 1: General Requirements" ,

(i) CSA Standard B352.1-95 "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines - Part 2: Testing Requirements for ROPS on Agricultural Tractors" , or

(ii) CSA Standard B352.2-95 "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines - Part 3: Testing Requirements for ROPS on Construction, Earthmoving, Forestry, Industrial, and Mining Machine";

(b) Society of Automotive Engineers (SAE) Standard J1040 MAY94 "Performance Criteria for Rollover Protective Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining Machines"; and

(c) ISO Standard 3471: 1994 "Earth-moving Machinery - Rollover Protective Structures - Laboratory Tests and Performance Requirements".

Section 263 Rollover protective structure certification

263. (1) A rollover protective structure shall be certified by the manufacturer or a professional engineer as meeting a standard specified in section 262.

(2) An addition, modification, welding or cutting on a rollover protective structure shall be done in accordance with the instructions of, and be recertified by, the manufacturer or a professional engineer.

Section 264 Rollover protective structure identification

264. (1) The following information shall be permanently marked upon a rollover protective structure:

(a) the name and address of the manufacturer or the professional engineer who certified the rollover protective structure;

(b) the model number or other effective means of identifying the machine for which the rollover protective structure was designed;

(c) the serial number or other unique means of identifying the rollover protective structure;

(d) the maximum weight of the machine for which the rollover protective structure was designed; and

(e) the standard to which the rollover protective structure conforms.

(2) A modified rollover protective structure shall be permanently marked with the following information:

(a) an identification of the modifications effected;

(b) the date of recertification; and

(c) the name and address of the recertifying engineer.

Section 265 Effect of rollover protective structure on visibility

265. A rollover protective structure or other structure required by this Part for the protection of the operator shall be designed and installed to provide an adequate view to allow the operator to safely use the machine.

Section 266 Seating and standard requirements

266. (1) A well designed and constructed, safely located and securely mounted seat and seat belt or other safe facilities shall be provided for the operator of powered mobile equipment and a passenger.

(2) Safe facilities for an equipment operator, referred to in subsection (1), shall include:

(a) footboards or platforms upon which the workers stand or sit, located to protect workers from accidental contact; and

(b) handholds; or

(c) safety-belts, harnesses, guardrails or other effective means of restraint.

(3) Subsection (1) does not apply to mobile equipment designed to be controlled by an equipment operator in a standing position.

(4) Where mobile equipment is equipped with seat belts, in conformity with these regulations or other applicable federal or provincial legislation, the installations shall be maintained and they shall be worn by the equipment operator and passengers at all times while the equipment is in motion, or when operated in a stationary mode.

(5) Where a road grader is operated with cab doors open, and the equipment operator is necessarily in a standing position and unable to comply with subsection (4), additional restraining devices approved by the minister shall be installed and used to prevent occupants from falling from the cab.

(6) Where an equipment operator is required to operate in a standing position, there shall be protection provided equivalent to the protection required under subsection (5) in the form of a restraining harness designed to prevent the equipment operator being thrown from the cab in a roll-over situation, but the restraining harness shall have a quick release device.

Section 267 Start of shift inspection

267. (1) An operator shall inspect the mobile equipment before the start of operation on the shift and after that where required to ensure the safe operating condition of the equipment and a defect or other condition affecting the safe operation of the equipment shall be reported immediately to the supervisor or employer.

(2) A repair or adjustment necessary for the safe operation of the equipment shall be made before the equipment is used.

Section 268 Securing tools and equipment

268. An operator shall maintain the cab, floor and deck of mobile equipment free of material, tools or other objects which could create a tripping hazard, interfere with the operation of controls, or be a hazard to the operator or other occupants in the event of an accident.

Section 269 Unattended equipment

269. An operator of mobile equipment shall not leave the controls unattended unless the equipment has been secured against inadvertent movement, including by setting the parking brake, placing the transmission in the manufacturer's specified park position and by chocking wheels where necessary, and buckets and blades shall be landed in a safe position before equipment controls are left unattended.

Section 270 Securing elevated loads

270. (1) An elevated load, part, extension or machine, shall not be left unattended by an operator unless it has been immobilized and secured against inadvertent movement.

(2) Where a worker is required to work beneath an elevated part of mobile equipment, the elevated part shall be securely blocked.

(3) An hydraulic or pneumatic jack shall not be used for blocking unless it has been fitted with a device to prevent collapse in the event of loss of hydraulic or pneumatic pressure.

Section 271 Swinging equipment

271. Where the swinging movement of a load, cab, counterweight or other part of mobile equipment creates a hazard, a worker shall not be within range of the swinging load or equipment, and the operator shall not move the equipment when a worker is so exposed.

Section 272 Obstructed view

272. Where a mobile equipment operator's view of the work area is obstructed, the operator shall not move the equipment until precautions have been taken to protect the operator and another worker from injury, including

(a) immediately before the movement, the inspection by the operator on foot of the area into which the equipment is being moved;

(b) direction by a signaller

(i) stationed in a safe position in continuous view of the operator,

(ii) having an unobstructed view of the area into which the equipment is being moved, and

(iii) not being otherwise occupied while the equipment is in motion; or

(c) direction by a traffic control or warning system.

Section 273 Guy lines

273. (1) Guy lines passing over travelled roads shall be rigged at a sufficient height to clear all traffic.

(2) Guy lines which are not at sufficient height to clear all traffic shall be clearly identified in accordance to standards acceptable to the minister.

Section 274 Pedestrian and equipment traffic

274. (1) Where practicable, designated walkways shall be used to separate pedestrian traffic from areas of operation of mobile equipment.

(2) Where it is impracticable to provide designated walkways, adequate safe work procedures to minimize the possibility of collision shall be used in hazardous work areas, including

(a) use of a traffic control system;

(b) enforcement of speed limits for mobile equipment; and

(c) a requirement for the pedestrian and the mobile equipment operator to acknowledge each other's presence before the pedestrian proceeds through the hazardous area; or

(d) other effective means.

Section 275 Securing loads

275. (1) When material or equipment is being transported, it shall be loaded or secured to prevent movement of the load which could create a hazard to workers.

(2) To protect the crew of a vehicle transporting a load which may shift on rapid deceleration, a means of load restraint shall be provided that

(a) prevents significant load shift relative to the carrier under emergency stopping conditions; and

(b) meets a standard acceptable to the minister.

Section 276 Restraint for cylindrical objects

276. Cylindrical objects transported on their sides shall be effectively restrained against inadvertent movement.

Section 277 Lift truck loads

277. (1) A unitized load transported on a lift truck shall not project a distance greater than half its height above the fork carriage, back rest or back rest extension of the lift truck.

(2) No part of a load comprised of loose objects may project above the fork carriage, back rest or back extension of a lift truck.

(3) A load which could shift during transportation shall be restrained where shifting would result in the instability of the load or the lift truck.

Section 278 Tire installation

278. (1) An employer shall

(a) establish and implement safe work procedures for servicing mobile equipment, tires, rims and wheels, including

(i) inspecting tire, rim and wheel components,

(ii) mounting a tire to the rim and wheel, and inflating a tire,

(iii) installing and removing tire assemblies from mobile equipment, and

(iv) demounting tires from the rim and wheel assemblies; and

(b) ensure that tire limits are not exceeded.

(2) A worker assigned to work on tires, rims and wheels shall be trained in and follow the safe work procedures established under subsection (1).

Section 279 Equipment and procedures

279. (1) A tire shall be deflated before demounting, and deflation shall be done in an area where ignition sources are controlled or removed.

(2) A tire, rim and wheel part shall be cleaned and inspected for damage before mounting, and a cracked, broken, bent or otherwise damaged part replaced.

(3) A tire shall be inflated using a remote chuck with a sufficient length of hose and an inline, hand operated valve with a gauge so the worker is outside the likely trajectory should wheel components separate during inflation.

(4) A tire mounted on a multipiece rim wheel shall be placed in a cage or other restraining device when it is being inflated.

(5) Where a bead expander is used to seat the beads of a tire, it shall be removed before the tire is inflated to more than 34.5 kPa (5 psi).

(6) Welding or heating on an assembled rim or wheel part is not permitted, except that limited heating to facilitate removal of a wheel from a hub is acceptable after the tire has been deflated by removing the valve core.

(7) A tire on a multipiece rim wheel shall be deflated to atmospheric pressure by removing the valve core or by other effective means before demounting, and in the case of a dual wheel arrangement, both tires shall be deflated to atmospheric pressure before a wheel nut is loosened.

(8) Multipiece rim and wheel components shall not be interchanged except as permitted by rim/wheel charts from the appropriate rim/wheel manufacturer.

(9) A multipiece rim wheel which has been used at less than 80% of the recommended inflation pressure for that application shall be deflated, disassembled and inspected before reinflation.

Part XVI TRAFFIC CONTROL

Section 373 Traffic control

373. (1) For the purpose of this Part, "traffic control" includes

(a) patrol vehicles;

(b) traffic lights;

(c) signs;

(d) barricades;

(e) cones;

(f) detours;

(g) traffic control persons; and

(h) other techniques and devices necessary according to the particular circumstances.

(2) Where the movement of vehicular traffic constitutes a hazard to workers, effective traffic control shall be provided.

(3) Traffic control procedures shall at minimum meet the requirements of the Department of Transportation and Works "Traffic Control Manual for Roadway Work Operations" or procedures established by a municipality that have been approved by the minister and all relevant specifications.

(4) Notwithstanding subsection (3), an officer may require those additional or alternate traffic control procedures and equipment that are necessary in the particular circumstances.

Part XXVI ELECTRICAL OPERATIONS

Section 483 Powerline hazards training

483. A person shall not operate a mobile crane, boom truck or similar equipment that has the capacity of encroaching on a power line without having first completed a safety training program on power line hazards required by the commission.