Workplace Inspection

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Workplace inspections must be performed to make sure that buildings, excavations, structures, machinery, equipment, work practices and places of employment are safe, and unsafe conditions are corrected in a timely manner. Inspections also help monitor the effectiveness of controls and provide a check to see if any new hazards have been created. Some types of workplace inspections include formal inspections, informal inspections, and inspections performed by supervisors.

Workplace inspections must be performed regularly, at a frequency equal to the level of risk. They must also be performed in accordance with applicable legislation, standards and the Manufactures instruction’s, at a minimum.

A schedule of regular formal workplace inspections is an essential part of the overall Occupational Health and Safety (OHS) program in which standards are established and compliance monitored. Formal inspections consist of a planned and recorded walkthrough of a workplace, or selected areas or locations. A checklist is often used to address specific hazards associated with people, equipment, materials, and the work environment.

Employer Responsibilities

Employers must:

  • Establish an OHS program that includes procedures and schedules for regular workplace inspections by management and OHS Committee members.
  • Consult with OHS Committee, WHS Representative, or Designate when scheduling workplace inspections to make sure that they can participate.
  • Regularly inspect all building, excavations, structures, machinery, equipment, work practices, and places of employment.
  • Report unsafe conditions found during the inspection without delay, so that the condition can be corrected.
  • Keep records of all safety inspections.

During an OHS Officer’s inspection, a representative of the employer, and the OHS Committee (worker members), WHS Representative, or Designate may accompany the officer. The employer must co-operate with a person exercising a duty imposed by the OHS Act or Regulations, such as an OHS Officer. Following the inspection, the employer must circulate copies of the OHS Officer’s inspection reports to the OHS Committee, WHS Representative, or Designate.

Additional requirements for inspection

Within the OHS Regulations, there are many requirements for the inspection of buildings, excavations, structures, machinery, equipment, work practices, and places of employment. Whenever an inspection leads to discovering an unsafe condition, it must be eliminated or controlled. For hazards that pose an immediate risk to life or health, work must stop until the condition is corrected. Unsafe tools, equipment, and devices must be removed from service until they can be repaired. All records of inspection, cleaning, and maintenance must be kept.

Additional requirements for inspection include:

  • Ventilation
  • Silica
  • Respiratory protection
  • Machinery and equipment
  • Conveyors
  • Automotive lifts and vehicle supports
  • Fall protection
  • Ladders
  • Scaffolds
  • Elevating work platforms
  • Swing stages
  • Boatswains chairs
  • Powered mobile equipment
  • Cranes, hoists and other lifting equipment
  • Rigging
  • Construction, excavation, and demolition
  • Excavation, underground work, and rock crushing
  • General blasting
  • Fire prevention and control
  • Woodworking and wood products manufacturing
  • Confined space entry
  • Forestry operations
  • Mining

OHS Committee, WHS Representative and Designate Responsibilities

Where a workplace is required to have an OHS Committee, the OHS Committee must participate in workplace inspections. Participation may include planning, conducting, reporting, and monitoring workplace inspections.

During an OHS Officer’s inspection, a representative of the employer and the OHS Committee (worker members), or WHS Representative may accompany the Officer.

Supervisor Responsibilities

Supervisors must:

  • Take appropriate action without delay where an unsafe condition is discovered and reported by a person.

Worker Responsibilities

Workers must:

  • Co-operate with a person exercising a duty imposed by the OHS Act or Regulations, such as an OHS Officer.
  • Inspect all tools, equipment, and PPE, as required before use.
  • Not carry out work, or operate a tool, appliance, or equipment, where a present or potential hazard creates imminent danger to themselves or others.
  • Make sure that all guards are in place and no one will be endangered, before starting any tools, machinery, or equipment.
  • Immediately report hazards to the supervisor or employer.

Related Topics

Workplace inspection

To critically examine a workplace, work area, work process, work being performed or tools or equipment being used to identify and record hazards, and make sure that safety measures are adequate.

Occupational Health and Safety Program

Where 10 or more workers are employed at a workplace, the employer shall establish and maintain an occupational health and safety program in accordance with the regulations. and

OHS committee

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.
A committee shall consist of 2 to 12 persons. Where the employer and workers cannot agree on the size of the committee, the minister may establish its size.
At least half of the members are to be persons representing the workers who are not connected with the management. The persons representing the workers are to be elected by other workers or appointed in accordance with the constitution of the union of which the workers are members.
The employer shall appoint sufficient employer representatives to ensure that the committee may function.
The employer and worker members of a committee shall elect a co-chair person from their respective groups.
The employer shall post the names of the committee members in a prominent place at the workplace.
A committee:
  • Shall seek to identify aspects of the workplace that may be unhealthy or unsafe;
  • Shall participate in a workplace inspection that an employer is required by the regulations to conduct;
  • 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;
  • Shall receive complaints from workers as to their concerns about the health and safety of the workplace and their welfare;
  • Shall establish and promote health and safety educational programs for workers;
  • Shall maintain records as to the receipt and disposition of complaints received from workers;
  • Shall co-operate with the assistant deputy minister or an officer who is exercising his or her duties under the act; and
  • Shall perform those other duties and follow those procedures that may be prescribed by the regulations.
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.

Worker Health and Safety Representative

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.

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.
The employer shall post the name of the worker health and safety representative in a prominent place at the workplace.
A worker health and safety representative has the same duties as those imposed upon a committee where that is reasonably practicable.
A worker health and safety representative shall consult with his or her employer while performing his or her duties.

Workplace Health and Safety Designate

Where less than 6 persons are engaged at a workplace and the designation of a worker health and safety representative is impracticable, the employer may designate a workplace health and safety designate to monitor the health, safety and welfare of workers employed at the workplace.
The workplace health and safety designate shall be appointed by the employer. The workplace health and safety designate may be either a worker connected with the management of the workplace; or the employer, if the designation of a worker connected with the management of the workplace is not practicable.
If the assistant deputy minister or an officer is of the opinion that a workplace health and safety designate cannot adequately monitor the health, safety and welfare of workers employed at the workplace, the assistant deputy minister or officer shall order, in writing, that a worker health and safety representative be designated.
The employer shall provide and pay for training for the workplace health and safety designate. The training provided shall meet the requirements that the Workplace Health and Safety Compensation Commission may set. An employer shall compensate a worker for participating in training as if the training were regular work.
The workplace health and safety designate shall participate in the training provided.
The employer shall post the name of the worker health and safety designate in a prominent place at the workplace.
A worker health and safety designate has the same duties as those imposed upon a committee where that is reasonably practicable.
A worker 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. Where the workplace health and safety designate is the employer, he or she shall consult with the workers while performing his or her duties.

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.

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 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 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.

Section 26.2 Requirement to provide assistance

26.2 The owner or operator of a workplace and a person found there shall give the assistant deputy minister or officer reasonable help to enable the assistant deputy minister or officer to carry out his or her duties and functions under this Act and shall provide the information that the assistant deputy minister or officer may reasonably require.

[S.N.L. 1999, c. 28, s. 7]

Section 36.1 Health and safety program

36.1 (1) Where 10 or more workers are employed at a workplace, the employer shall establish and maintain an occupational health and safety program in accordance with the regulations.

(2) An occupational health and safety program shall be established in consultation with the occupational health and safety committee at the workplace.

(3) An occupational health and safety program shall include those documents that may be prescribed in the regulations.

(4) An occupational health and safety program shall be in writing and shall, when requested, be provided to the occupational health and safety committee, a worker at the workplace and an officer.

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

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 12 Occupational health and safety program

12. (1) An occupational health and safety program required under section 36.1 of the Act shall be signed and dated by the employer and by the person or persons responsible for the management of the employer's operations in the province and shall include:

(a) a statement of the employer's commitment to cooperate with the occupational health and safety committee and workers in the workplace in carrying out their collective responsibility for occupational health and safety;

(b) a statement of the respective responsibilities of the employer, supervisors, the occupational health and safety committee and workers in carrying out their collective responsibility for occupational health and safety;

(c) procedures to identify the need for, and for the preparation of written safe work procedures to implement health and safety practices, including practices required by the Act and the regulations, or as required by an officer;

(d) written work procedures appropriate to the hazards and work activity in the workplace;

(e) a plan for orienting and training workers and supervisors in workplace and job-specific safe work practices, plans, policies and procedures, including emergency response, that are necessary to eliminate, reduce or control hazards;

(f) provisions for establishing and operating an occupational health and safety committee, including provisions respecting

(i) maintenance of membership records,

(ii) procedural rules,

(iii) access by the committee to management staff with the authority to resolve health and safety issues and to information about the employer's operations required under the Act and the regulations, and

(iv) a plan for training committee members as required under the Act;

(g) a system for the recognition, evaluation and control of hazards that includes:

(i) evaluation and monitoring of the workplace to identify potential hazards and the associated risks,

(ii) procedures and schedules for regular inspections by management and committee members,

(iii) procedures for the identification, reporting and control or correction of hazards,

(iv) procedures for the prompt investigation of hazardous occurrences to determine the cause of the occurrence and the actions necessary to prevent a recurrence,

(v) identification of the circumstances where the employer is required to report hazards to the committee and the procedures for doing so, and

(vi) measures for the accountability of persons responsible for the reporting and correction of hazards;

(h) a plan for the control of biological and chemical substances handled, used, stored, produced or disposed of at the workplace and where appropriate, the monitoring of the work environment to ensure the health and safety of workers and other persons at or near the workplace;

(i) a system to ensure that persons contracted by the employer or for the employer's benefit comply with the program developed under this section and the Act and regulations;

(j) an emergency response plan;

(k) maintenance of records and statistics, including occupational health and safety committee minutes, reports of occupational health and safety inspections and investigations, with procedures to allow access to them by persons entitled to receive them under the Act; and

(l) provision for monitoring the implementation and effectiveness of the program.

(2) An employer that is required to establish and maintain an occupational health and safety program under section 36.1 of the Act shall

(a) implement the occupational health and safety program; and

(b) review and, where necessary, revise the occupational health and safety program as follows:

(i) at least every 3 years,

(ii) where there is a change of circumstances that may affect the health and safety of workers, and

(iii) where an officer requests a review.

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 IV OCCUPATIONAL HEALTH AND SAFETY COMMITTEES, REPRESENTATIVES AND DESIGNATES

Section 25 Operations of committees, representatives and designates

25. (1) An employer shall ensure that

(a) an occupational health and safety committee is established;

(b) a worker health and safety representative is appointed; or

(c) a workplace health and safety designate is designated; and

(d) a copy of the Act and regulations under the Act are easily accessible to an employee.

(2) Minutes of all regular meetings and special committee meetings shall be recorded in the form prescribed by the commission and one copy shall be kept on file with the committee, one copy shall be filed with the commission and one copy shall be posted in a prominent place in the workplace.

(3) A worker health and safety representative or a workplace health and safety designate shall report to the commission in the form required by the commission.

(4) An occupational health and safety committee shall

(a) meet within 2 weeks of its establishment;

(b) elect co-chairpersons as required by subsection 38(6) of the Act; and

(c) notify the commission of the elected co-chairs.

(5) A quorum of the committee shall consist of one-half of its membership, provided that both employer and worker members are equally represented.

(6) Where an agreement cannot be reached between co-chairpersons on convening a meeting of the committee, the minister may be requested to intervene.

(7) The minister may require that a committee have monthly meetings where a particular hazard is involved, the operations are particularly complex or large numbers of workers are involved.

(8) A representative of the employer and

(a) the workers of an occupational health and safety committee;

(b) the worker health and safety representative; or

(c) the workplace health and safety designate, except where the workplace health and safety designate is the employer,

have the right to accompany an officer of the division when the health and safety inspections are being conducted.

(9) Copies of all health and safety inspection reports made by an officer of the division, shall be circulated by the employer to

(a) the occupational health and safety committee;

(b) the worker health and safety representative; or

(c) the workplace health and safety designate.

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.

Section 46 Silica regulation

46. (1) In this section

(a) "blasting" means the cleaning, smoothing, roughening or removing of part of the surface of an article by the use as an abrasive of a jet of sand, metal shot or grit or other material propelled by compressed air or steam or by a wheel;

(b) "blasting chamber" means a blasting enclosure into which workers enter;

(c) "blasting enclosure" means a chamber, barrel, cabinet or other similar enclosure designed for the purpose of blasting in it;

(d) "cleaning of castings" means, where done as an incidental or supplemental process in connection with the making of metal castings, the freeing of the castings from adherent sand or other substance, and includes the removal of cores and the general smoothing of the castings where the freeing is done, but does not include the freeing of castings from scale formed during annealing or heat treatment;

(e) "sandblasting" means the process of projecting sand by means of compressed air or steam or by a wheel;

(f) "silica dust" means dust of respirable particle size and composed substantially of uncombined silica (Silicon Dioxide SiO2);

(g) "silica flour" means the ground material produced by the milling of siliceous rocks or other siliceous substances, including diatomite (Kieselguhr, diatomaceous earth);

(h) "uncombined silica" means silica which is not combined chemically with another element or compound; and

(i) "use of a parting material" means the application of a material to a surface of a pattern or of a mould to facilitate the separation of the pattern from a mould or the separation of parts of the mould.

(2) The provisions of this section apply wherever workers are employed in a silica process, including

(a) sandblasting;

(b) the cleaning of castings;

(c) the blasting, fettling, grinding or dressing of a surface containing silica, including the engraving or abrasive cleaning of gravestones, buildings or structures of siliceous stones or rocks;

(d) a process in which silica flour is used;

(e) the manufacture of silica-containing refractory bricks or silica-containing substances and the dismantling or repair of the refractory lining of furnaces;

(f) a process which the chief occupational medical officer has reason to believe creates a risk to the health of workers by silica dust; and

(g) a process that includes the getting, cutting, splitting, crushing, grinding, milling, drilling, sieving, or other mechanical manipulation of gravel or siliceous stone or rock where there is potential for exceeding 1% free silica or 50% of TLV.

(3) An employer shall ensure that at every silica process except sandblasting to which subsection (12) applies, the entry into the air of silica dust is prevented where reasonably practicable by the provision of

(a) total or partial enclosure of the process;

(b) efficient local exhaust ventilation;

(c) jets or sprays of water or other suitable wetting agent; and

(d) another method considered suitable by the assistant deputy minister.

(4) An employer shall ensure that

(a) enclosure apparatus and exhaust ventilation equipment used or likely to be used to contain silica dust is maintained and is inspected at least once in every 7 days and is certified by a competent person at least once in every calendar year; and

(b) effective means is provided to collect silica dust removed by exhaust ventilation equipment and to prevent its re-entry into a workroom, and every filtering or settling device situated in a workroom is completely separated from the general air of that workroom in an enclosure ventilated to the open air.

(5) Where it is not reasonably practicable to prevent the entry into the air of silica dust, the employer shall provide for the isolation of the worker from the air containing silica dust.

(6) Where it is not reasonably practicable to prevent the entry into the air of silica dust nor practicable to isolate the worker from the air containing silica dust, and for all cleaning and maintenance work, the employer shall provide for the use of each worker who may be exposed to silica dust

(a) approved respiratory protective equipment; and

(b) protective clothing, including coveralls and headgear, that, when worn, exclude silica dust and that is maintained and cleaned in a safe manner.

(7) A worker shall not be required to perform work for which respiratory protective equipment and clothing is provided unless fully instructed in the need for and proper use of that equipment and clothing.

(8) An employer shall ensure that all places where silica dust may accumulate are regularly cleaned using vacuum methods wherever practicable.

(9) An employer shall ensure that the standard for dust levels does not exceed the threshold limit value (TLV) established by the ACGIH.

(10) A worker who in the course of his or her employment is likely to be engaged in a silica process shall be warned by the employer of the danger to his or her health of inhaling silica dust and that the risk of injury is made greater by smoking.

(11) Persons under the age of 18 shall not be employed in a silica process nor in cleaning or maintenance work likely to involve exposure to silica dust except work that is a recognized part of apprenticeship or comparable course of training.

(12) An employer shall ensure that

(a) sandblasting is not done outside a blasting enclosure to an article which it is practicable to introduce into a blasting enclosure;

(b) sand or other substance containing more than 1% by weight of respirable dust is not introduced into a blasting enclosure;

(c) sandblasting is not done except with the written permission of the officer and in accordance with the conditions and to the extent that he or she may prescribe; and

(d) sandblasting is not done underground,

and sandblasting shall not be undertaken nor performed by an employer, worker or self-employed person other than those registered for that purpose with the division.

(13) An employer shall ensure where practicable that castings, gravestones and other articles which are liable to give rise to silica dust by blasting are not blasted except in a blasting enclosure, and that work is not performed in a blasting enclosure except blasting and work immediately incidental to that and the cleaning and repairing of the enclosure and of plant and appliances situated in that enclosure.

(14) An employer shall ensure that every blasting enclosure which is liable to contain silica dust is

(a) constructed, operated and maintained to prevent the escape of dust;

(b) provided with an efficient dust extraction system, which is kept in continuous operation whenever the blasting enclosure is in use whether or not blasting is actually taking place, and a blasting chamber is in operation when a worker is inside the chamber;

(c) specially inspected by a competent person once in every week in which it is used for blasting, and the enclosure, the apparatus connected with it and the ventilating plant associated with it is thoroughly examined and tested by a competent person once every month, and all results of required inspection, examinations and tests are recorded and all defects remedied without avoidable delay; and

(d) provided with efficient apparatus for separating where practicable the abrasive from other dust, and the abrasive is not again introduced into the blasting apparatus until it has been separated.

(15) An employer shall provide and maintain for workers who work in a blasting chamber, whether in blasting or other work, protective blasters' helmets supplied with clean and not unreasonably cold air of not less than 6 cubic feet a minute, and the helmets shall be used by workers whenever they are in the blasting chamber.

(16) Suitable gauntlets and coveralls shall be provided for the use of, and shall be worn by, all workers while performing blasting or assisting at blasting, and suitable provision shall be made for the storage, regular cleaning by vacuum and maintenance in good condition of the gauntlets and coveralls.

(17) When a worker is engaged in the cleaning of a blasting apparatus or enclosure, ventilating or separating plant, or the surrounds, all practical measures shall be taken to prevent the inhalation of silica dust or its dissemination into the air and all the cleaning shall be by vacuum or hosing by water whenever practicable.

(18) An employer shall ensure that silica flour

(a) is not manufactured except under standards prescribed by the division;

(b) is not used for a purpose for which a less hazardous substance may be substituted; and

(c) is not used in the manufacture of scouring powder or abrasive soaps or as an abrasive in a process.

(19) The examining physician shall record in the log the date and nature of the certificate he or she issues to each worker he or she has medically examined.

Part VII PERSONAL PROTECTIVE EQUIPMENT

Section 86 Inspection and maintenance of respiratory protection equipment

86. (1) Respiratory protection equipment that is issued for the exclusive use of an employee shall be cleaned and disinfected as often as necessary to maintain it in a sanitary condition.

(2) Respiratory protection equipment that is issued for the use of more than one employee shall be cleaned and disinfected before being worn by different individuals.

(3) An employer shall ensure that respiratory protection equipment is inspected as follows:

(a) equipment used in routine situations is inspected before each use and after cleaning;

(b) equipment maintained for use in emergency situations is inspected at least once monthly and according to the manufacturer's recommendations, and is checked for proper function before and after each use; and

(c) emergency escape only equipment is inspected before being carried into the workplace for use.

(4) Where an inspection conducted under subsection (3) reveals damage, the equipment shall be discarded.

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.

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 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 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.

Part X FALL PROTECTION

Section 142 Fall arrest system

142. (1) A fall arrest system that is provided in accordance with section 141 shall

(a) be adequately secured to

(i) an anchorage point, or

(ii) a lifeline that is

(A) securely fastened to anchor points, or

(B) attached to a static line that is securely fastened to anchorage points and that is capable of withstanding either the maximum load likely to be imposed on the anchorage point or a load of 22.2 kilonewtons, whichever is the greater;

(b) include a lanyard

(i) that is attached to an anchorage point or lifeline, where practicable, above the shoulder of the worker, and

(ii) that complies with CSA Standard Z259.11 "Energy Absorbers and Lanyards ";

(c) prevent a free fall greater than 1.22 metres where

(i) the fall arrest system is not equipped with a shock absorption system that complies with CSA Standard Z259.11 "Energy Absorbers and Lanyards" and that reduces the shock level of a fall to less than 4 kilonewtons, or

(ii) the combined free fall and shock absorbed deceleration distance exceeds the distance between the work area and a safe surface; and

(d) include a full body harness that

(i) is attached to a lanyard,

(ii) is adjusted to fit the user of the harness, and

(iii) complies with CSA Standard Z259.10 "Full Body Harnesses" .

(2) Where a fall arrest system includes a lifeline, the lifeline shall

(a) comply with CSA Standard Z259.2.1 "Fall Arresters, Vertical Lifelines and Rails";

(b) extend to a safe surface below the work area and be securely attached to an anchorage point;

(c) be secured at the bottom of the lifeline to prevent tangling or disturbance of the line and be free of knots, lubricants and imperfections;

(d) be free of splices, except where they are necessary to connect the lifeline to an anchorage point;

(e) be provided with softeners at all sharp edges or corners to protect against cuts or chafing; and

(f) be clearly identified as a lifeline by colour or by another means that provides an equivalent level of safety.

(3) No worker shall

(a) use a lifeline in a fall arrest system while that fall arrest system is being used by another worker; or

(b) provide a rope for use, or permit a rope to be used, as a lifeline in a fall arrest system where the rope has been used for another purpose.

(4) Where a fall arrest system provided to a worker includes a ropegrab, the ropegrab used shall comply with CSA Standard Z259.2.1 "Fall Arresters, Vertical Lifelines and Rails".

(5) An employer who provides a worker with a fall arrest system shall ensure the fall arrest system is inspected by a qualified person before each work shift undertaken by the worker.

(6) A qualified person who carries out an inspection of a fall arrest system shall advise the employer where a component of the system is defective in condition or function and the employer shall ensure that the system is not used until the defective component is replaced or repaired.

(7) Where a fall arrest system has arrested the fall of a worker at a work area, the employer shall ensure that the fall arrest system

(a) is removed from service and inspected by a qualified person; and

(b) is repaired, before it is reused, to the original manufacturer's specifications, where an inspection under paragraph (a) reveals that a component of the system is defective.

(8) Where a fall arrest system includes a static line, the static line shall

(a) have a nominal diameter of at least 12.7 millimetres and be made of improved plow wire rope;

(b) be equipped with vertical supports at least every 9 metres and have a maximum deflection, when taut, of no greater than 381 millimetres for a 9 metre span;

(c) be equipped with turnbuckles or other comparable tightening devices that provide an equivalent level of protection, at the ends of the static line;

(d) be equipped with softeners at all sharp edges or corners to protect against cuts or chafing;

(e) be made only of components that are able to withstand either the maximum load likely to be imposed on the components or a load of 8 kilonewtons, whichever is the greater; and

(f) comply with CSA Standard Z259.13 "Flexible Horizontal Lifeline Systems" and CSA Standard Z259.16 "Design of Active Fall Protection Systems".

(9) Where a fall arrest system is provided to an arborist, the fall arrest system shall

(a) include a tree climbing or tree trimming harness or saddle;

(b) be adequately secured to

(i) an anchorage point, or

(ii) a lifeline that is

(A) securely fastened to anchorage points, or

(B) attached to a static line that is securely fastened to anchorage points;

(c) include a climbing rope or safety strap;

(d) where practicable, include a second climbing rope or safety strap that

(i) provides additional stability, and

(ii) back-up fall protection; and

(e) be capable of withstanding either the maximum load likely to be imposed or a load of 22.2 kilonewtons, whichever is the greater.

(10) Where an employer uses a fall arrest system or a personnel safety net as a means of fall protection, the employer shall have a written fall protection plan that specifies

(a) the procedure to assemble, maintain, inspect, use and disassemble the fall arrest system or personnel safety net; and

(b) the procedure for the rescue of a worker who has fallen and is suspended by the fall arrest system or personnel safety net, but is unable to effect self-rescue.

Section 143 Nets

143. (1) Where a personnel safety net is installed in accordance with section 141, an employer shall ensure that it

(a) is installed

(i) not more than 4.6 metres below the work area,

(ii) to ensure that no obstructions or intervening members may be struck by a worker during a fall between the work area and the personnel safety net, and

(iii) maintained so that the maximum deflection when arresting the fall of a worker does not allow a part of the worker to contact another surface;

(b) extends 2.4 metres on all sides beyond the work area; and

(c) where connected to another personnel safety net, the splice joints connecting it with the other personnel safety nets are equal to, or greater in strength than, the strength of the weakest of the personnel safety nets.

(2) Notwithstanding subsection (1), an employer shall ensure that a personnel safety net is manufactured, used, maintained, inspected and stored in accordance with ANSI Standard A10.11-1989 "Safety Nets Used During Construction, Repair and Demolition Operations".

Section 144 Debris nets

144. (1) Where a worker having access to an area below an elevated work area is exposed to the hazard of falling objects or debris from the work area, an employer shall ensure that

(a) a debris net is installed below the work area in accordance with subsection (2); or

(b) other means of protection are provided that provide an equivalent level of protection from falling objects and debris.

(2) An employer shall ensure that a debris net under subsection (1) is

(a) manufactured, used, maintained, inspected and stored in accordance with ANSI Standard A10.11-1989 "Safety Nets Used during Construction, Repair and Demolition Operations"; and

(b) installed not more than 4.6 metres below the elevated work area.

Part XI SCAFFOLDS, STAGES AND WORK PLATFORMS

Section 151 Inspection

151. Portable ladders shall be inspected before use, and ladders with loose, broken or missing rungs, split side rails or other hazardous defects shall be removed from service.

Section 158 Responsibilities

158. (1) Employers shall ensure that scaffolds used by their workers are in safe condition, regardless of who erected the scaffolds.

(2) A scaffold shall be erected, altered and dismantled by, or under the direct supervision of, qualified workers.

(3) A scaffold shall be inspected daily before use and after a modification.

(4) A damaged scaffold component shall not be used until it has been effectively repaired.

Section 163 Lumber planks

163. (1) Scaffold planks shall

(a) be rough sawn and of not less than 5.08 centimetres by 25.40 centimetre dimensions;

(b) extend not less than 15.24 centimetres and not more than 30.48 centimetres beyond the supporting members;

(c) be supported at intervals not exceeding 3.05 metres for light work and 2.13 metres for heavy work, including bricklaying and masonry;

(d) be of uniform thickness in adjoining planks; and

(e) have maximum allowable deflection not exceeding the span length divided by 80.

(2) Each lumber scaffold plank shall be visually inspected for defects before each installation and shall be removed from service where it is found to be defective.

Section 204 Inspection and maintenance records

204. (1) Records of inspection, maintenance, repair and modification shall be kept for an elevating work platform by the equipment operator and a person inspecting and maintaining the equipment.

(2) Where the inspection and maintenance records required under subsection (1) are not available, an elevating work platform shall be inspected and certified by a professional engineer before use, and an inspection and maintenance recording system shall be established as required by subsection (1).

Section 205 Shift inspection

205. An elevating work platform shall be inspected by the operator before use on each shift and a condition that could endanger workers shall be remedied before the platform may be used.

Section 206 Annual inspection and certification

206. (1) An elevating work platform shall be inspected, maintained, repaired and modified in accordance with

(a) the manufacturer's instructions;

(b) the relevant CSA Standard as specified in section 202;

(c) the direction of a professional engineer; or

(d) another standard acceptable to the minister.

(2) An insulated aerial device shall be dielectrically tested at least annually in accordance with CSA Standard CAN/CSA-C225 "Vehicle Mounted Aerial Devices" or other standard acceptable to the minister and the insulating capability of the aerial device shall be certified by the testing agency.

Section 241 Equipment inspection

241. (1) A swing stage and associated equipment shall be thoroughly inspected before use on each shift and defective equipment shall not be used.

(2) A swing stage that has been subjected to a sudden drop, contact with exposed energized electrical equipment or conductors, or shows signs of a structural failure shall be removed from service until certified safe for use by the manufacturer or a professional engineer.

Section 243 Boatswain's chairs

243. (1) A boatswain's chair shall meet the requirements of the applicable CSA standard or be acceptable to a professional engineer.

(2) A boatswain's chair shall provide stable and adequate support for the user.

(3) A boatswain's chair shall be suspended from a parapet clamp, cornice hook, thrust-out beam or other solid anchorage having a working load limit at least equivalent to that of the suspension system for the boatswain's chair.

(4) A counter weight shall be

(a) positively secured to thrust outs; and

(b) tied back to an anchorage that is capable of withstanding 22 kilonewtons static load where a counter weight configuration has not been designed into the building.

(5) Where a boatswain's chair is supported by block and tackle

(a) the rope shall be synthetic fibre rope with a breaking strength of at least 22 kilonewtons;

(b) the rope shall be reeved through not less than one single lower block and one double upper block and secured to prevent the line from free running; and

(c) block hooks shall be moused, or otherwise secured against dislodgement.

(6) Fibre rope used to suspend a boatswain's chair other than with a block and tackle system shall be synthetic fibre rope having a breaking strength of at least 27 kilonewtons and of a type compatible for use with the rigging hardware in the suspension system.

(7) Wire rope used to suspend a boatswain's chair shall be a type recommended for that use by the rope manufacturer or a professional engineer and suitable for the hoist being used.

(8) A worker in a boatswain's chair which is 3 metres or more above grade or a safe lower landing, or where a fall from a lesser height may involve an unusual risk of injury, shall use a personal fall arrest system meeting the requirements of Part X independent of the boatswain's chair system.

(9) A boatswain's chair shall not be used where the suspension height exceeds 92 metres without the prior permission of the minister.

(10) A thorough inspection shall be made of a boatswain's chair and associated equipment before use each day and defective equipment shall not be used.

Part XII POWERED MOBILE EQUIPMENT

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 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 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 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 XIV CRANES, HOISTS AND OTHER LIFTING EQUIPMENT

Section 288 Cranes, derricks and hoists

288. Except as otherwise provided in these regulations, a crane, derrick, hoist and similar equipment shall be designed, constructed, erected, maintained, operated, inspected, disassembled and modified as specified by the manufacturer to meet the requirements of

(a) the applicable CSA standard;

(b) a professional engineer; or

(c) other standard acceptable to the minister.

Section 296 Inspection and maintenance

296. (1) A crane or hoist shall be maintained in accordance with the manufacturer's specifications and the applicable CSA standard and inspected at a frequency and to the extent required to ensure that each component is capable of carrying out its original function with an adequate margin of safety.

(2) A crane or hoist shall not be used until a condition that could endanger workers is remedied.

(3) A repair to a load bearing component of a crane or hoist shall be certified by a professional engineer or the original equipment manufacturer as having returned the component to a condition capable of carrying out its original design function with an adequate margin of safety.

Section 298 Certification

298. Before a crane or hoist is placed in service, a professional engineer shall inspect, proof test and certify in writing the rated capacity of a crane or hoist in accordance with criteria established by the manufacturer or applicable design or safety standard where

(a) the equipment is new;

(b) the origin or rated capacity of the equipment cannot be determined;

(c) the continued safe use of the equipment cannot be assured due to its age or history;

(d) repairs or modifications have been made to load carrying components;

(e) modifications have been made which affect the rated capacity; or

(f) the crane or hoist has been in contact with an electric arc or current.

Section 310 Shift inspection

310. (1) An operator shall inspect the crane or hoist at the beginning of each shift and shall test control and safety devices in accordance with the manufacturer's specifications and the applicable safety code and regulations.

(2) A defect found by an operator during the inspection referred to in subsection (1) or during the use of the crane or hoist shall be:

(a) recorded in the inspection and maintenance record log; and

(b) reported to the supervisor who shall determine the course of action to be taken.

(3) Where a defect affects the safe operation of the crane or hoist, the equipment shall not be used until the defect has been remedied.

Section 312 Calibration

312. A load weighing device, including a load movement indicator, on a crane or hoist shall be calibrated in accordance with the manufacturer's specifications or at more frequent intervals and the date of calibration shall be recorded in the inspection and maintenance records system.

Section 338 Boom inspection

338. (1) A crane boom used for driving piles with a vibratory hammer shall be inspected in accordance with good engineering practice, and certified safe for continued use by a professional engineer at least every 3 months, and before being returned to lifting service.

(2) A crane boom used with a vibratory pile extractor or for dynamic compaction shall be inspected in accordance with good engineering practice, and certified safe for continued use by a professional engineer at least monthly, and before being returned to lifting service.

Section 341 Identification

341. The structural components of a tower crane shall be uniquely identified and that unique identification shall be used when referring to a structural component in reports for inspection and testing, and certifications for repairs and modifications.

Section 342 Structural inspection

342. (1) Before erection of a tower crane, the structural components of the crane shall be

(a) inspected to determine their integrity by a qualified person using non-destructive testing (NDT) methods meeting the requirements of the Canadian General Standards Board (CGSB); and

(b) repaired where necessary and those repairs certified by a professional engineer as safe for use.

(2) Where a tower crane remains erected at a workplace for more than 12 months

(a) its structural components shall be inspected to determine their integrity by a qualified person using NDT methods meeting the requirements of the CGSB; and

(b) after the inspection required by paragraph (a), the crane, including necessary repairs, shall be certified by a professional engineer as safe for use.

(3) The inspection and certification of a tower crane scheduled to be dismantled within 15 months of erection may be delayed until before the next erection of the crane.

Section 343 Structures kept clean

343. A tower crane structure shall be kept clean and free of concrete and other debris that may hinder inspection and the base area shall be clear of debris and the accumulation of water.

Part XV RIGGING

Section 365 Inspection before use

365. Slings and attachments shall be visually inspected before use and defective equipment shall be immediately removed from service.

Section 371 Below-the-hook lifting devices

371. (1) A spreader bar or other specialized below-the-hook lifting devices shall be constructed, inspected, installed, tested, maintained and operated in accordance with the requirements of ASME B30.20-1993 "Below-the-Hook Lifting Devices" and its working load limit shall be certified by a professional engineer or established by its manufacturer.

(2) A spreader bar or specialized below-the-hook lifting device shall display a nameplate or other permanent marking showing the

(a) manufacturer's name and address;

(b) serial number;

(c) weight of the device where it weighs more than 45 kilograms; and

(d) working load limit.

Part XVII CONSTRUCTION, EXCAVATION AND DEMOLITION

Section 385 Inspections

385. Immediately before the placement of concrete or other loading, an employer shall ensure that the concrete formwork and falsework is inspected by a qualified person.

Section 386 Pre-use inspections

386. (1) An operator shall inspect a concrete placing boom or mast and test its safety and control devices before use on each shift and record the results of the inspection and tests.

(2) A defect found in the concrete placing boom or mast shall be recorded and reported immediately to the supervisor or employer who shall determine the course of action.

(3) Where a defect may affect the safe operation of the concrete placing boom or mast, the equipment shall not be used until the defect has been remedied.

Section 391 Equipment inspection

391. A concrete placing boom and mast shall be

(a) inspected in accordance with good engineering practice at intervals not exceeding 12 months;

(b) repaired where necessary; and

(c) certified safe for use by a professional engineer, the manufacturer or the manufacturer's authorized agent.

Section 398 Hazardous materials

398. Before work begins on the demolition or salvage of machinery, equipment, buildings or structures, the employer or owner shall

(a) inspect the site to identify asbestos, lead, biological or other heavy metal or toxic, flammable or explosive materials that may be handled, disturbed or removed;

(b) make the results of the inspection available at the worksite, including drawings, plans or specifications showing the location of hazardous substances;

(c) ensure that hazardous materials found are safely contained or removed; and

(d) where hazardous materials that were not identified in the inspection under paragraph (a) are discovered during demolition work, ensure that all work ceases until those materials are contained or removed.

Part XVIII EXCAVATION, UNDERGROUND WORK AND ROCK CRUSHING

Section 415 Diesel engines underground

415. (1) Where diesel engines are used underground, mechanical ventilation shall effectively ventilate all work areas.

(2) Where a diesel engine is used

(a) it shall be equipped with suitable exhaust-gas conditioners which are properly maintained and regularly serviced;

(b) gasoline or other highly volatile fuels shall not be used with a starting mechanism or device;

(c) instructions shall be issued to all workers to shut down all engines immediately where ventilation ceases to function, and to keep the engines shut down until ventilation is again made effective; and

(d) a fire suppression system, suitable for extinguishing oil fires shall be provided for each engine.

(3) Tests for carbon monoxide and nitrogen dioxide shall be conducted by a qualified person at least weekly.

(4) Where a diesel engine operates underground, records shall be maintained and be accessible to all workers concerned and shall include

(a) inspection and certification of each shift for the condition of the diesel engine and exhaust-gas conditioner;

(b) gas inspection tests made for carbon monoxide and nitrogen dioxide, including the time and location of tests;

(c) at least once a week, or where directed by the officer, the volume of ventilating air delivered to each underground heading;

(d) tests for combustible gas, including location, time and results as directed by an officer;

(e) an unusual occurrence of findings or action; and

(f) the signature of the worker recording each entry.

Part XIX GENERAL BLASTING

Section 436 Pre-firing

436. (1) An electric blasting circuit shall be tested personally by a blaster with a blasting meter to ensure that readings are consistent with the values calculated for the blast before the lead wire is connected to the blasting machine or blasting switch.

(2) The connection of the lead wires to the blasting machine or blasting switch shall be the last connection made before the blast.

(3) Only a blasting machine or blasting switch shall be used to fire an electric circuit.

(4) A blaster shall ensure that the capacity of the blasting machine as designated by the manufacturer is not exceeded.

(5) An employer shall ensure that a blasting machine is maintained in good working order and is inspected at least once every 12 months by a service representative authorized to work on the machine by its manufacturer or approved by the minister.

(6) Records verifying the condition of the blasting machine at the time of the annual inspection shall be kept by an employer until the next annual inspection.

Section 438 Firing

438. (1) A blasting machine shall not be used to fire an explosive charge unless it is designated and approved by the manufacturer for the sole purpose of energizing electric detonators.

(2) After blasting by electricity, a blaster shall not allow another person to enter a place where charges have been fired until he or she has

(a) disconnected the firing cables from the blasting machine;

(b) short-circuited the lead wires; and

(c) personally examined the blasting area and given permission for work to proceed.

(3) A blasting meter shall not be used to take measurements pertinent to blasting unless it is approved and designed by the manufacturer for that sole purpose.

(4) Electric blasting circuits shall not be fired from a power transmission line unless a blasting operation is conducted in underground tunnelling and a blasting switch is used.

(5) A blasting switch shall not be used for firing electric blasting circuits from a power line unless it is approved and designed by the manufacturer as suitable for that purpose and constructed so that the door may be closed and locked with the switches in the "OFF" position.

(6) A blaster shall ensure that the blasting switch is kept locked and inaccessible until it is required to fire the explosive charge.

(7) Where an electrical power transmission line is present and electric blasting initiation is to be used, a cable used to fire the blast shall be anchored securely to avoid being thrown into contact with the power lines.

(8) An employer shall ensure that empty explosive cartons and boxes are

(a) collected from the site before blasting; and

(b) appropriately disposed after the blasting is completed.

(9) Before firing, a blaster shall ensure that

(a) sufficient audible and visual warning is given to persons in or near the danger area;

(b) roads and approaches to the danger area are guarded or barricaded in order to prevent anyone from entering; and

(c) persons and equipment are at a safe distance and under sufficient protective cover.

Section 439 Post-firing

439. (1) Immediately after firing electrically, a blaster shall disconnect and shunt or short circuit the lead wires from the blasting machine or the blasting switch and pull out and lock a blasting switch.

(2) After firing the blast, a blaster shall make a thorough inspection of the site, and after ascertaining that no unexploded charges remain, shall permit other employees to return to work or allow traffic to proceed.

(3) An employer shall ensure that loose rocks are scaled off the faces of excavations and removed from the crest after completion of the blasting operation and before work is resumed.

Part XX FIRE PREVENTION AND CONTROL

Section 444 Fire and explosion

444. (1) Where a worker is employed in or about a bilge, tank, compartment or cargo space of marine equipment or in an area where there is a possibility of the presence of a volatile or flammable substance, gas or vapour, an employer shall institute a system of inspections and tests to determine the presence of that substance, gas or vapour before work is commenced.

(2) Where a volatile or flammable substance, gas or vapour is present or arises from the work process, the hazard shall be removed or controlled by ventilation or other effective means.

(3) Where work or manufacturing processes involve the use of a flammable liquid, vapour or gas, the concentration of the liquid, vapour or gas in the work area shall be maintained below the lower explosive limit (LEL) of the substance involved.

(4) A container used to carry, transfer, or store a flammable solvent shall meet the requirements of the CSA Standards and shall be electrically grounded or bonded while the contents are transferred from one container to another.

(5) Waste material contaminated with a solvent, oil, grease, paint or other flammable substance shall be placed in covered metal containers before disposal and shall not be stored in work areas.

(6) Where a volatile or flammable substance, gas or vapour is present, or arises out of material or equipment or from a work process, existing or potential sources of ignition shall be controlled or eliminated.

(7) For the purpose of subsection (6), a source of ignition includes an open flame, spark-producing mechanical equipment, welding and cutting processes, smoking, static discharge, electrical equipment or an installation that is not approved for hazardous locations, as specified by the Canadian Electrical Code.

(8) Where work involves more than one employer, a principal contractor shall ensure that sources of ignition resulting from the work of one employer are eliminated or adequately controlled where a flammable gas or a flammable liquid is handled, used or stored by another employer.

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 him or her 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 his or her 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.

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.

Part XXVI ELECTRICAL OPERATIONS

Section 503 Tree pruning etc. - preliminary inspection

503. Before commencing tree pruning or felling close to energized high voltage overhead conductors, the worksite shall be inspected by a qualified person, authorized by the owner of the power system, to identify a hazard, including situations where a part of the tree to be pruned or felled is within the applicable minimum distance from an energized conductor specified in subsection 498(3) or may fall within that distance.

Part XXVII CONFINED SPACE ENTRY

Section 515 Explosives or flammable atmosphere

515. An employer shall ensure that a worker does not enter or remain in a confined space that contains or is likely to contain an explosive or flammable gas or vapour, unless

(a) the worker is performing only inspection, work that does not produce a source of ignition and, in the case of an explosive or flammable gas or vapour, the atmospheric concentration is less than 25% of its lower explosive limit, as determined by a combustible gas measuring instrument;

(b) the worker is performing only cold work and, in the case of an explosive or flammable gas or vapour, the atmospheric concentration is less than 10% of its lower explosive limit as determined by combustible gas instruments; or

(c) the worker is performing hot work and all of the following conditions are satisfied:

(i) in the case of an explosive or flammable gas or vapour, the atmospheric concentration is less than 5% of its lower explosive limit, as determined by a combustible gas instrument,

(ii) the atmosphere in the confined space does not contain, and is not likely to contain while a worker is inside, an oxygen content greater than 23%,

(iii) the atmosphere in the confined space is monitored continuously,

(iv) the entry permit includes adequate provisions for hot work and corresponding control measures, and

(v) an adequate alarm system and exit procedures are provided to ensure that workers have adequate warning and are able to exit the confined space safely where either or both of the following occur, in the case of an explosive or flammable gas or vapour

(A) the atmospheric concentration exceeds 5% of its lower explosive limit, or

(B) the oxygen content of the atmosphere exceeds 23% by volume.

Part XXVIII GENERAL MINING REQUIREMENTS

Section 524 Ground control procedures

524. (1) An employer shall ensure that written ground control procedures are prepared for an underground mine to prevent the unplanned fall of rock.

(2) The ground control procedures shall include the following details:

(a) existing geological conditions, including the thickness of relevant seams;

(b) the type and thickness of strata between the roof and the surface and below the floor for a depth of 3 metres below the strata being mined;

(c) the mining methods to be used;

(d) hazards related to ground control and an outline of the manner in which these hazards will be handled;

(e) the planned width of openings and size of pillars;

(f) the method of permanent and temporary ground support, including

(i) pillars, mechanical devices or other methods to be used; and

(ii) the type, sequence and spacing of permanent and temporary ground support materials or devices;

(g) a plan showing the location, size and spacing of pillars, mechanical devices or other methods of support;

(h) the work procedures used to assess ground conditions;

(i) the work procedures used to install ground control devices;

(j) where instruments or devices are installed to monitor ground conditions, a description of how and when measurements will be taken and a description of how results will be recorded;

(k) the work procedures used to construct, inspect, maintain and regularly monitor the instruments and devices used to monitor the ground control system;

(l) a system that ensures that, on a plan included as part of the ground control procedures, a record is made of an unplanned fall of rock or a rockburst that

(i) impairs ventilation;

(ii) impedes the passage of persons;

(iii) causes injury to a person;

(iv) causes a person to withdraw from an area; or

(v) disrupts activities for more than one hour;

(m) an adequate testing procedure for the ground supports; and

(n) how the effectiveness of the ground control procedures will be evaluated.

(3) An employer shall maintain a written record of the results obtained from an instrument or device used to monitor the ground control system and shall keep the record for at least 2 years after the earlier of the following dates:

(a) the date that the underground area of the mine that is covered by the record becomes abandoned; and

(b) the date that the instrument or device is no longer used.

Section 526 Ground control

526. (1) A person shall not work or travel in an underground area of a mine unless that area has been assessed and secured in accordance with the ground control procedures established under section 524.

(2) Where a cap lamp does not provide adequate illumination for a person to assess ground conditions underground, an employer shall supply, and the person shall use, auxiliary lighting sufficient for effectively carrying out the assessment.

(3) A worker at an active working face underground shall inspect the roof, sides and face of the work area for unsafe ground conditions before beginning work.

(4) A competent person shall install ground support devices required by the ground control procedures in a manner that is suitable for the ground conditions in the area.

(5) In an underground area of a mine where roof bolting is the primary means of ground support, warning devices shall be embedded in the roof to monitor downward movement in the roof strata.

(6) Travel ways used by workers underground shall be adequately supported by rock bolts and screened to 50% of the height of the walls from the roof.

Part XXIX UNDERGROUND OPERATIONS

Section 581 Hot work in mines

581. (1) Where gas or electric welding or cutting equipment, blow torches or other heat-producing devices or materials for doing hot work are used underground, or in a headframe, shaft house or portal house or building in which the outbreak of fire might endanger an entrance to the underground workings, the employer shall establish and implement a written safe work procedure for the prevention of fires.

(2) Combustible material within a radius of 3 metres, or upon which sparks or hot metal could fall, shall be made wet with water before hot work is begun, and again after hot work is finished.

(3) The area where hot work is done shall be inspected for smoldering fires at regular intervals after hot work is finished.

(4) Fire-fighting equipment shall be on hand at all times during the operation and until completion of the inspection referred to in subsection (3).

(5) Hot work shall not be done within 10 metres of the place where an explosive is stored or being transported.

(6) Except when used for burning or cutting, propane or other similar fuel that is heavier than air when in a gaseous state shall not be permitted or kept underground.

Section 588 Operating procedure for booster and auxiliary fans

588. (1) An employer shall ensure that

(a) in the event a booster fan or auxiliary fan stops, workers in an area that is affected by the stopping move to a place that is adequately ventilated; and

(b) a competent worker tests the affected area to ensure it is adequately ventilated before other workers enter the area.

(2) An employer shall ensure that an auxiliary fan is not restarted unless a competent worker has

(a) inspected the area underground that is serviced by the auxiliary fan and has tested for flammable gases;

(b) declared in writing that it is safe to restart the auxiliary fan; and

(c) included a copy of the declaration in the supervisor's shift report.

Section 591 Propane installations

591. (1) An employer shall ensure that propane installations in proximity to underground workings are installed and maintained in accordance with the manufacturer's specifications and the Public Safety Act.

(2) An employer shall ensure that propane installations are inspected once each week by a competent worker to ensure the propane does not leak into an underground working or ventilation system of the mine or a building or other structure.

(3) An employer shall ensure that a detection system operates at all times that

(a) will detect propane leaking into the ventilation system of a mine; and

(b) visibly or audibly warns workers of the leak.

Section 601 Boreholes in advance of working face

601. Where a workplace in a mine approaches abandoned or other workings which cannot be inspected and in which there is or could be an accumulation of water, the employer shall

(a) ensure that boreholes are kept at least 6 metres ahead of the working face; and

(b) take those additional measures as are considered necessary by the employer or the minister to preclude a sudden breakthrough of water.

Part XXX SHAFTS, HOISTS AND CONVEYANCES

Section 606 Record books

606. An employer shall maintain the following record books for a mine where a hoist is used for hoisting persons or material in a shaft:

(a) hoist operator's log book;

(b) machinery record book;

(c) rope record book;

(d) shaft inspection record book; and

(e) electrical hoisting equipment record book.

Section 608 Shaft inspection

608. (1) An employer at a mine at which a hoist is in use shall ensure that at least once in each week

(a) a thorough examination is made of the operating compartments of each shaft; and

(b) a report is made and signed in the shaft inspection record book of

(i) the examination required under paragraph (a), and

(ii) the work and repairs done as a result of the examination.

(2) The supervisor in charge of the maintenance of the shaft and headframe shall

(a) at least once in each week, review the entries made in the shaft inspection record book during the preceding week;

(b) ascertain that the examination required under subsection (1) has been made and that the necessary servicing and repairs are completed, in progress or scheduled for repair without undue delay;

(c) upon completion of the review required under paragraph (a), certify in the shaft inspection record book that the supervisor has complied with paragraphs (a) and (b); and

(d) record over the supervisor's signature in the shaft inspection record book a dangerous condition reported concerning the shaft and the action taken to correct the condition.

Part XXXII OPEN CUT WORKINGS IN MINING OPERATIONS

Section 672 Stockpiles

672. (1) An employer shall ensure that stockpiles of unconsolidated material are

(a) inspected for hazardous conditions regularly by a competent person;

(b) made safe before a worker is allowed to work close to or on top of the stockpile; and

(c) sloped to the angle of repose.

(2) An employer shall ensure that the vertical height of the working face of stockpiled material is no more than 2 metres above the maximum reach of equipment being used.

(3) Notwithstanding subsection (2), where the vertical height of the working face of stockpiled material is greater than 2 metres above the maximum reach of equipment being used, the work shall be performed in accordance with written safe work procedures certified by a professional engineer.

(4) When a tunnel is used under a stockpile for the purpose of reclaiming material from the stockpile, at least 2 exits shall be provided from the tunnel.

Section 673 Waste dumps

673. (1) An employer shall ensure that waste dumps are inspected by a competent person

(a) for hazardous conditions prior to being used, and made safe before a worker is allowed to work close to or on top of the waste dump; and

(b) at least once each shift when material is being dumped.

(2) The person who conducts an examination under subsection (1) shall record the details of the examination.

(3) An employer shall develop written safe work procedures and implement them when hazardous conditions are found at a waste dump.