Forestry and Tree Felling

[OHS Regs., s.xx] Follow these links to related legislation.

Highlighted words reveal definitions when selected.

Falling trees and limbs can kill or seriously injure workers or other persons nearby. Operating equipment such as chippers, chain saws, and brush saws can cause severe injuries to the user if they are not maintained and used properly. Where work is performed near live electrical sources or at height, additional risks of electrocution and falls are present. Regardless of the size, location, and equipment used, good health and safety performance in forestry and tree felling is possible when risks are assessed and properly managed.

Note: If you are self-employed, you are still bound by the OHS Act and Regulations with respect to the duties of employers and workers, where applicable. [OHS Act, s. 9]

Employer Responsibilities

The employer must:

  • Provide and maintain a workplace and the necessary equipment, systems, and tools in a manner that is safe and without risk to workers. [OHS Act, s. 5(a)]
  • Provide the necessary information, instruction, training, supervision, and facilities. [OHS Act, s. 5(b)]
  • Make sure workers, particularly supervisors, are made familiar with present and potential workplace hazards. [OHS Act, s. 5(c)]
  • Make sure workers are given operating instructions for the personal protective equipment (PPE) or devices required for their protection from hazards. [OHS Act, s. 5(e)] [OHS Regs., s. 72]
  • Make sure necessary PPE and devices are used. [OHS Regs., s. 14(2)] This may include:
  • Make sure that all buildings, structures (both temporary and permanent), excavations, machinery, equipment, workstations, and places of employment:
    • Can withstand the stresses likely to be imposed upon them, and can safely perform the function(s) for which they are used or intended. [OHS Regs., s. 14(1)]
    • Are inspected regularly to find and correct unsafe working conditions. [OHS Regs., s. 18(1)]
  • Make sure that safe work procedures are followed and they promote the safe interaction of workers and their work environment. [OHS Regs., s. 14(3)] [OHS Regs., s. 14(4)]
  • Use qualified and properly instructed workers to take emergency action to correct the unsafe condition that has an immediate threat to workers. Take every possible effort to control the hazard while the corrective action is taking place. [OHS Regs., s. 18(3)]
  • Make sure that all workers and other persons at the workplace are informed of the hazards to which they are likely to be exposed and what controls they must use to protect themselves and others. [OHS Regs., s. 19(1)]
  • Conduct a risk assessment in a workplace that where a need to rescue or evacuate workers may arise. When the risk assessment identifies a need for evacuation or rescue, develop written rescue and evacuation procedures and assign a worker to coordinate their implementation. Written rescue and evacuation procedures are required for work at height, work where there is a risk of entrapment, and work near powerlines. [OHS Regs., s. 38(1)] [OHS Regs., s. 38(2)] [OHS Regs., s. 38(3)]
  • Make sure that a Type 1 personal first aid kit is readily accessible to all forepersons working in logging and sawmill operations. [OHS First Aid Regs., s. 19(b)]

Felling and hauling

When felling, the employer must make sure: [OHS Regs., s. 474]

  • Snags or dangerous stubs are cleared away when they may interfere or create a hazard before a tree is felled.
  • Workers do not work closer than 30.48 metres from another worker who is felling a tree unless they are assisting that person.
  • Workers do not work opposite each other or closer than 30.48 metres on adjacent strips unless an uncut strip is left between the workers. This work includes strip-cutting activities.
  • A tree is under-cut in the direction it is to be felled.
  • Once a felling cut is started, a worker does not leave the tree to do other work until it is complete.
  • A decayed or partially decayed tree or stub is not used as a block tree.
  • A decayed or partially decayed tree or stub that is a hazard is felled before a work site is used.
  • A choker cable, twitching chain, or dog is released and pulled away from the log or tree before it is slashed, bucked, or measured.
  • An axe is not used to cut wire rope.
  • A skidder’s winch is operated from the seat, unless the remote controls are used or the worker is letting out cable.
  • No worker, other than the feller, enters the felling area, unless it is safe to do so, and they have permission or authorization of the tree feller.
  • Workers do not stand on a tree or log when removing limbs.

When there is a lodged tree, the employer must make sure: [OHS Regs., s. 474(5)]

  • The immediate area surrounding the tree is properly marked or flagged to alert other workers of the hazard;
  • The tree is felled as soon as possible using appropriate equipment;
  • The tree is not climbed by a worker; and
  • The tree is not lowered by felling another tree onto it or by cutting a supporting tree.

When hauling, the employer must make sure: [OHS Regs., s. 476]

  • A truck, trailer, or semitrailer used for transporting logs is equipped with bunks and stakes of adequate design and construction to safely perform their intended function. The stakes must be constructed so that keeper pins are secured to prevent unintended release.
  • Workers do not ride on logs, pulpwood, or other material loaded on or drawn by a motor vehicle while it is in transit.
  • Construct and maintain a road, bridge, elevated platform, or other structure used by a vehicle transporting workers, logs, or other forest products to a standard that permits safe transit.
  • Elevated structures used by logging trucks, including the open sides of a bridge, and an elevated truck weigh scale and associated elevated ramp approach, are equipped with bull rails designed to prevent vehicles from running off the structure. Bull rails must be a at least 25 cm in height, secured, and continuous along the edge of the structure.

High voltage equipment and conductors

Before starting work near energized high voltage equipment or conductors, the worksite must be inspected by a qualified person who is authorized by the owner of the power system. The purpose of the inspection is to identify hazards, including situations where a part of the tree or equipment may come within the minimum clearance distance from the high voltage equipment or conductor. [OHS Regs., s. 503]

The minimum clearance distances are: [OHS Regs., s. 498(3)]

Voltage Phase to Phase Minimum Distance
Over 750 V to 75 kV 3 metres
Over 75 kV to 250 kV 4.5 metres
Over 250 kV to 550 kV 6 metres

Tree pruning or felling must not begin in a hazardous area until there is an assurance from the owner of the power system that a reclose feature is disabled, and the worker is informed of the voltages of the conductors. [OHS Regs., s. 504]

Tree pruning or felling within the minimum clearance distance must only be carried out by a qualified worker who is authorized by the owner of the power system to perform the work. Tree pruning or falling is not allowed within these distances from overhead high voltage energized conductors unless a qualified worker is present at the site and directing the work, and at least one additional person trained in appropriate emergency rescue procedures is present. [OHS Regs., s. 505(1) and (2)]

A worker must not operate a mobile crane, boom truck, or similar equipment that has the capacity of encroaching on a power line unless they hold a current certification in powerline hazards, obtained from an approved training provider. Powerline hazards training expires after three years. [OHS Regs., s.483]

Machinery and equipment

Where machinery or equipment are used, the employer must make sure:

  • Workers follow the safe working load of equipment as specified by the manufacturer, unless instructed otherwise by legislation. The safe working load of equipment must be certified by a professional engineer (or other person acceptable to OHS Division) when: [OHS Regs., s. 16(1) and (2)]
    • The manufacturer’s specifications or acceptable warranty cannot be provided;
    • The equipment has been modified in a way that changes its safe working load;
    • Wear, corrosion, damage, or signs of fatigue are found that may reduce the safe working load;
    • The equipment is used in a way or for a purpose other than what it was designed and that changes the safe working load; or
    • An OHS Officer considers certification necessary.
  • Each tool, machine, and piece of equipment in the workplace is: [OHS Regs., s. 88]
    • Capable of safely performing the functions for which it is used; and
    • Selected, used, and operated in accordance with the manufacturer's instructions, safe work practices and procedures, and the legislation:
      • The manufacturer's recommendations and instructions, where available;
      • Safe work practices; and
      • The requirements of these regulations.
  • The installation, inspection, testing, repair, maintenance, or modification of a tool, machine, or piece of equipment is carried out in accordance with the manufacturer's instructions, legislation, a standard acceptable to OHS Division, or as specified by a professional engineer. [OHS Regs., s. 88]
  • Equipment and structures are completely checked and found to be safe for operation or occupancy when they have been dismantled, in whole or in part, and reassembled. [OHS Regs., s. 88]
  • Machinery and equipment are fitted with adequate safeguards, except as otherwise specified in legislation, that: [OHS Regs., s. 89]
    • Protects a worker from contact with hazardous power transmission parts;
    • Ensures a worker cannot access a hazardous point of operation; and
    • Safely contains material ejected by the work process that could be hazardous to a worker.
  • The application, design, construction, and use of safeguards, including an opening in a guard and the reach distance to a hazardous part, meets the requirements of CSA Standard Z432 Safeguarding of machinery. [OHS Regs., s. 90(1)]
  • A safeguard is capable of effectively performing its intended function. [OHS Regs., s. 90(2)]
  • A fixed guard is not modified to be easily removable without the use of tools. [OHS Regs., s. 91(1)]
  • A guard is designed to allow lubrication and routine maintenance without its removal, if practical. [OHS Regs., s. 91(2)]
  • An unsafe tool, machine, or piece of equipment is removed from service and identified in a manner that ensures that it is not inadvertently returned to service until it has been made safe for use. [OHS Regs., s. 92]
  • Powered equipment, except for portable power tools and mobile equipment, have:  [OHS Regs., s. 93(1)]
    • Starting and stopping controls located within easy reach of the operator;
    • Controls and switches clearly identified to indicate their function;
    • Controls that are positioned, designed, or shielded to prevent inadvertent activation;
    • Controls that are designed to require both hands to operate the equipment. Where two-hand controls are installed, both controls must be released before another machine cycle can be initiated; and 
    • Control systems that meet the requirements of legislation.
  • Portable powered tools and mobile equipment have operating controls that conform to an appropriate standard acceptable to OHS Division. [OHS Regs., s. 93(2)]
  • A machine is located or safeguarded so that operation of the machine does not endanger a worker using a normal passage route about the workplace or operating a nearby machine. [OHS Regs., s. 94]
  • A physical hazard is identified and marked in a manner that clearly identifies the hazard in accordance with a standard acceptable to OHS Division. [OHS Regs., s. 95]
  • Guards are installed, where a worker may be exposed to contact with rotating parts, such as friction drive, shafts, couplings and collars, set screws and bolts, keys and keyways, and projecting shaft ends. [OHS Regs., s. 98]

Where a conveyor is used, the employer must make sure: [OHS Regs., s. 100]

  • The conveyor meets the requirements of ANSI Standard ANSI /ASME B20.1-1993 Safety Standards for Conveyors and Related Equipment, except as otherwise specified in the legislation.
  • The conveyor includes guards or sideboards to prevent material from falling from the conveyor into areas occupied by workers where falling material creates a risk of injury.
  • The conveyor includes an emergency stopping system, except where access to the conveyor is prevented by guarding. The emergency stopping system must:
    • Be activated by pulling the wire in any direction or by a slack cable condition.
    • Be designed and installed so that after an emergency stop manual resetting is required before the conveyor can be restarted.
  • A conveyor can not be restarted after an emergency stop until inspection has determined it can be operated safely.

When workers use a chipper, the employer must make sure: [OHS Regs., s. 108]

  • Hand-fed mobile chippers have a barrier or baffle installed on the feed side of the rotor to prevent the chipped material from discharging.
  • Self-feeding chippers have a table or apron that extends at least 1.5 metres back from the rotor with sides high enough to prevent a worker from reaching in and coming in contact with the rotating knife.
  • Driven-feed chippers have a guard chute or apron that extends at least 90 centimetres from the feed rollers and a panic bar to stop the feed rollers.
  • Mobile chippers that use gravity to feed material through a vertical hopper to the rotor have the sides deep enough to prevent the operator from reaching in and coming in contact with the rotor. In no situation can this distance be less than 90 centimetres when measured from the top edge of the hopper to the edge of the rotor.

When workers use a chain saw, the employer must make sure that: [OHS Regs., s. 109]

  • The chain saw meets the requirements of CSA Standard Z62.1 Chain Saws.
  • The chain saw has a chain brake that activates automatically when kickback occurs, regardless of where the power head or operator’s hands are located.
  • The chain saw can be stopped before the operator moves from cut to cut, unless the next cut is in the immediate area and the operator can safely move to the next cutting position.

Where workers use a circular saw, the employer must make sure: [OHS Regs., s. 471]

  • A circular saw with a rip-type tooth is 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. The dogs must be designed to provide adequate holding power for the thickness of the material being cut.
  • A hand fed circular rip saw is equipped with a splitter or spreader designed so that material is prevented from binding on the saw blade and the saw withstands work stresses. A spreader must be attached so it remains in alignment with the saw, even when the saw or table is tilted. A spreader must be placed so that the space between the spreader and the back of the saw does not exceed 1.27 centimetres when the largest blade is mounted in the machine.
  • A spreader or splitter is replaced immediately after completing grooving, dadoing, or rabbeting operations.
  • A rip-saw is located so that a worker cannot work in line with the saw unless they are protected by a barrier that will prevent them from being struck by material kicked back by the saw.
  • A swing cut-off saw is provided with an effective device to return the saw automatically to the back of the table when released at a point of its travel. The function of this device must not depend on a fibre rope, cord, or spring.
  • A counterweight used on a swing cut-off saw is provided with a substantial safety chain or cable, or otherwise be secured against falling wherever there is danger to a worker.
  • A swing saw is provided with a limit chain, or another 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.
  • A swing saw is prevented from rebounding by a latch or other effective device.
  • A radial arm saw cutting table is of a sufficient width that no part of the saw blade overhangs the forward edge of the table. Where this requirement cannot be achieved, a stop must be installed that has the same effect by limiting the forward travel of the saw.
  • An operator of a swing cut-off saw takes a position so that no part of their body is in line with the saw. An operating handle must be on the side of the saw from which the material is fed that can be operated by the hand closest to the saw.
  • A dull, badly set, improperly filed, or improperly tensioned saw or an inserted-tooth saw with poorly fitting shanks or worn bits is immediately removed from service.
  • A hand-fed tenoning machine has a device which holds the material being cut.
  • A hand-held circular saw has a guard which automatically adjusts to the thickness of the material being cut. When the saw is withdrawn from the material, this guard must completely cover the cutting area of the blade.
  • An operator visually inspects a saw before use and a concern identified during the inspection is adequately addressed before the saw is used.

Where a worker uses woodworking or wood manufacturing equipment, the employer must make sure: [OHS Regs., s. 472]

  • A special hand tool is used where material is manually fed to equipment which does not have a means to prevent a workers' fingers from entering a dangerous area.
  • A template, jig, or push stick is used where there is a risk of injury to a worker's hands when feeding woodworking machinery.
  • An appropriate push stick, jig, feather board, or similar device is used to prevent an operator from encroaching into the cutting area of unguarded equipment because it is impractical for the specific operation. This guard must be replaced immediately when the operation is complete.
  • A guard is only removed from equipment where the guard itself creates a hazard, or where its removal is necessary for maintenance.
  • A machine requiring hand-fed or manual-fed operations is equipped with a device to hold the material being cut.
  • Where a knife, saw, cutting head, or other sharp-edged device is handled or transported, the cutting edge is guarded or another method is used to minimize the danger to a worker.
  • Loads of veneer stacked in the vicinity of work areas or passage ways are rigidly supported and at least three spacing blocks are placed between unit loads.

Where machinery or equipment include a cutting head, the employer must make sure: [OHS Regs., s. 473]

  • A hand-fed wood jointer with a horizontal head is equipped with a cylindrical cutting head.
  • All knives and cutting-heads are kept sharp, properly adjusted and firmly secured.
  • Where two or more knives are used in one head, they are properly balanced.
  • A cutting head on a woodworking tool or piece of equipment, including a router, shaper and sticker is properly adjusted, secured, and fitted with a protective hood that is sufficiently strong to contain flying metal fragments in the event that the cutting head components fail.

Fall arrest systems for arborists

Fall arrest systems for an arborist must: [OHS Regs., s. 142(9)]

  • Include a tree climbing or tree trimming harness or saddle;
  • Be adequately secured to an anchorage point, or a lifeline that is securely fastened to anchorage point, or attached to a static line (e.g., horizontal lifelines) that is security fastened to anchorage points;
  • Include a climbing rope or safety strap;
  • Include a second climbing rope or safety strap that provides additional stability and back-up fall protection, where possible; and
  • Be capable to withstanding the maximum load likely to be imposed on the system or a load of 22.2 kilonewtons (which ever is greater).

Worker Responsibilities

Workers must:

  • Make all reasonable efforts to protect their own health and safety and that of workers and other persons at, or near, the workplace. [OHS Act, s. 6]
  • Use or wear all necessary PPE and safety devices according to manufactures instructions and training. [OHS Act, s. 7(a.1)] [OHS Regs., s. 17(1)]
  • Co-operate with the employer and co-workers to protect the health and safety of everyone in the workplace. [OHS Act, s. 7(a)]
  • Follow safe work practices and procedures. [OHS Regs., s. 17(2)]
  • Immediately report hazards to the supervisor or employer. [OHS Regs., s. 17(3)]
  • Not carry out work, or operate a tool, appliance, or equipment, where a present or potential hazard creates an imminent danger to themselves or others. [OHS Act, s. 8]
  • Participate in training and hazard assessments, where it is offered.
  • Not use equipment or perform work tasks where the required training has not yet taken place.
  • Make sure that all guards are in place and no one will be endangered, before starting any tools, machinery, or equipment. [OHS Regs., s. 26(4)]

When operating a brush saw or clearing saw, the worker must: [OHS Regs., s. 475]

  • Operate and maintain the saw according to the manufacturer’s specifications;
  • Make sure the saw is equipped with an adequate blade guard;
  • Keep a minimum 10 metre distance from another person while operating the saw;
  • Regularly inspect the blade and file it when needed;
  • Replace the blade at the first sign of cracks or fractures;
  • Fit the saw only with blades and components specified by the manufacturer;
  • Use a harness suitable when combined with that saw;
  • Make sure the harness is well maintained and properly adjusted, and that the emergency release on the harness functions properly;
  • Stop the engine before carrying out a manual adjustment, cleaning, clearing of debris, or other work on the blade or blade guards; and
  • Not start the saw while it is attached to the harness.

Related Topics

Self-employed person

A person who is engaged in an occupation on his or her own behalf. [OHS Act, s. 2(k)]

Approved training provider

Some types of training, such as confined space entry, fall protection and power line hazards, must be delivered by WorkplaceNL approved training provider.  A list of approved trainers and available courses can be found in the Certification Training Registry (CTR) https://ctr.bluedrop.io/#/.

Safeguards

The use of a guard, a safety device, a shield, an awareness barrier, warning signs, or other appropriate means, either singly or in combination, to provide effective protection to workers from hazards. [OHS Regs., s.87(d)]

Power transmission part

A moving part of a machine that transfers power from a power source to a point of operation. [OHS Regs., s.87(c)]

Point of operation

The danger area in a machine where a part is being formed or work is being done. [OHS Regs., s.87(b)]

CSA

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

Shielded

A shield is a type of safeguard consisting of a physical cover or barrier which restricts but does not prevent access to a hazardous moving part or a point of operation. [OHS Regs., s.87(f)]

ANSI

ANSI is the American National Standards Institute.
Standards may be purchased from the ANSI store: https://webstore.ansi.org/

Arborist

A worker trained and employed, in whole or in part, to climb trees for an economic or scientific purpose, including:
  • Detection and treatment of disease, infections or infestations,
  • Pruning, spraying or trimming,
  • Repairing damaged trees,
  • Assessing growth or harvesting potential, or
  • Scientific research. [OHS Regs., s. 138]

Safety devices

A type of safeguard consisting of an arrangement of operating controls, an active or passive physical restraint, an interlock, or a presence sensing device which ensures that a worker cannot access or be in a hazardous area while a machine is operating. [OHS Regs., s.87(e)]

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 6 Workers' general duty

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

Section 7 Specific duties of workers

7. A worker

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

(i) his or her own health and safety,

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

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

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

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

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

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

Section 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 9 Duty of self-employed person

9. A self-employed person is bound by this Act with respect to the duties of employers or workers where these provisions are applicable.

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

Part III GENERAL DUTIES

Section 14 General duties of employers

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

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

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

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

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

Section 16 Safe working load of equipment

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

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

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

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

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

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

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

Section 17 General duties of workers

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

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

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

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

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

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

Section 18 Safety inspections

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

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

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

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

Section 19 Co-ordination of work

19. (1) An owner shall ensure that all workers and other persons at the workplace are informed of

(a) the hazards of an owner's operations or site conditions; and

(b) the health and safety activities to be used to address the hazards.

(2) A principal contractor shall ensure work schedules and tasks are organized to provide safe working conditions for workers.

Part V GENERAL HEALTH AND SAFETY REQUIREMENTS

Section 26 Personal conduct

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

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

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

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

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

Section 38 Emergency plan risk assessment

38. (1) An employer shall conduct a risk assessment in a workplace in which a need to rescue or evacuate workers may arise.

(2) Where the risk assessment required by subsection (1) shows a need for evacuation or rescue, appropriate written procedures shall be developed and implemented and a worker assigned to coordinate their implementation.

(3) Written rescue and evacuation procedures are required for but not limited to

(a) work at high angles;

(b) work in confined spaces or where there is a risk of entrapment;

(c) work with hazardous substances;

(d) underground work;

(e) work in close proximity to power lines;

(f) work on or over water; and

(g) workplaces where there are persons who require physical assistance to be moved.

(4) Where a workplace is a low risk workplace in the opinion of an employer, the employer shall post information about escape routes and conduct emergency drills the employer considers appropriate.

[N.L.R. 43/22, s. 10]

Part VII PERSONAL PROTECTIVE EQUIPMENT

Section 72 Instruction

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

Section 73 Personal clothing and accessories

73. (1) The personal clothing of a worker shall be of a type and in a condition which does not expose the worker to an unnecessary or avoidable hazard.

(2) Where there is a danger of contact with moving parts of machinery or with electrically energized equipment, or where the work process presents similar hazards

(a) the clothing of a worker shall fit closely about the body;

(b) dangling neckwear, bracelets, wristwatches, rings or similar articles shall not be worn, except for medical alert bracelets which may be worn with transparent bands that hold the bracelets snugly to the skin; and

(c) cranial and facial hair shall be confined or worn at a length which shall prevent it from being snagged or caught in the work process.

Section 74 General requirements of safety headgear

74. (1) Safety headgear shall be worn by a worker where there is a danger of head injury from falling, flying or thrown objects, or other harmful contacts.

(2) Safety headgear shall meet the requirements of CSA Standard CAN/CSA-Z94.1 "Industrial Protective Headwear" or, in the case of emergency response personnel, the applicable National Fire Protection Association Standard.

Section 75 Eye and face protection

75. Where a worker handles or is exposed to materials or conditions that are likely to injure or irritate the eye or face, an employer shall ensure that the worker wears properly fitting face and eye protection appropriate to the conditions of the workplace and in accordance with the requirements of CSA Standard CAN/CSA Z94.3 "Industrial Eye and Face Protectors".

[N.L.R. 43/22, s. 16]

Section 76 Prescription safety eyewear

76. (1) Prescription safety eyewear shall meet the requirements of CSA Standard CAN/CSA Z94.3 "Industrial Eye and Face Protectors".

(2) Bifocal and trifocal glass lenses shall not be used where there is a danger of impact unless the lenses are worn behind impact-rated goggles or other eye protection acceptable to the minister.

(3) Where the use of polycarbonate or plastic prescription lenses is impracticable due to the conditions of the workplace and there is no danger of impact, a worker may use prescription lenses made of treated safety glass meeting the requirements of ANSI Standard Z87.1 "Practice for Occupational and Educational Eye and Face Protections".

Section 77 Contact lenses

77. Adequate precautions shall be taken where a hazardous substance or condition may adversely affect a worker wearing contact lenses.

Section 78 General requirements of limb and body protection

78. Where there is a danger of injury, contamination or infection to a worker's skin, hands, feet or body, the worker shall wear properly fitting protective equipment appropriate to the work being done and the hazards involved.

Section 79 Leg protection

79. A worker operating a chain saw shall wear a leg protective device with a label permanently affixed to the outer surface of the device indicating the standard it meets.

Section 80 Foot protection

80. (1) A worker's footwear shall be of a design, construction, and material appropriate to the protection required.

(2) To determine the appropriate protection under subsection (1) the following factors shall be considered:

(a) slipping;

(b) uneven terrain;

(c) abrasion;

(d) ankle protection;

(e) foot support;

(f) crushing potential;

(g) temperature extremes;

(h) corrosive substances;

(i) puncture hazards;

(j) electrical shock; and

(k) another recognizable hazard.

(3) Where a determination has been made that safety protective footwear is required to have toe protection, metatarsal protection, puncture resistant soles, dielectric protection or a combination of these, the footwear shall meet the requirements of CSA Standard CAN/CSA-Z195, Protective Footwear.

Section 81 High visibility apparel

81. A worker whose duties are regularly performed in areas and under circumstances where the worker is exposed to the danger of moving vehicles or heavy equipment shall wear distinguishing apparel containing highly visible material suitable for daytime or night time use, as appropriate.

[N.L.R. 43/22, s. 17]

Part VIII MACHINERY AND EQUIPMENT

Section 87 Definitions

87. In this Part

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

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

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

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

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

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

Section 88 Safe machinery and equipment

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

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

(b) selected, used and operated in accordance with

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

(ii) safe work practices, and

(iii) the requirements of these regulations.

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

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

(b) as specified by a professional engineer.

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

Section 89 General requirements

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

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

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

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

Section 90 Standards

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

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

Section 91 Guards

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

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

Section 92 Identifying unsafe equipment

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

Section 93 Operating controls

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

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

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

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

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

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

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

Section 94 Machinery location

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

Section 95 Marking of hazards

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

Section 98 Rotating hazards

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

Section 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 108 Chippers

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

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

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

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

Section 109 Chain saws

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

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

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

Part X FALL PROTECTION

Section 138 Definitions

138. In this Part

(a) "anchorage point" means a secure point of attachment for a lifeline or lanyard;

(b) "arborist" means a worker trained and employed, in whole or in part, to climb trees for an economic or scientific purpose, including

(i) detection and treatment of disease, infections or infestations,

(ii) pruning, spraying or trimming,

(iii) repairing damaged trees,

(iv) assessing growth or harvesting potential, or

(v) scientific research;

(c) "body belt" means a belt worn by a worker as a means of fall restraint;

(d) "debris net" means a net that is used to catch material and debris that can drop from work areas;

(e) "fall arrest system" means a system of physical components attached to a worker that stops a worker during a fall;

(f) "full body harness" means a harness consisting of leg and shoulder straps and an upper back suspension unit that distributes and reduces the impact force of a fall;

(g) "guardrail" means a system of vertical and horizontal members that warns of a fall hazard and reduces the risk of a fall;

(h) "lanyard" means a flexible line used to secure a worker to a lifeline, a static line or a fixed anchor point;

(i) "lifeline" means a vertical line attached to a fixed anchor point or a static line and to which a lanyard and a ropegrab may be attached;

(j) "means of fall protection" means a fall protection system and includes a harness, net, rope, body belt, structure or other equipment or device or means of

(i) restraining a worker who is at risk of falling, or

(ii) stopping a worker who has fallen;

(k) "personnel safety net" means a net that is used to catch a worker during a fall;

(l) "ropegrab" means a mechanical fall-arrest device that

(i) is attached to a lifeline and a lanyard, and

(ii) locks itself immediately on the lifeline in the event of a fall;

(m) "safe surface" means a surface at a workplace that

(i) has sufficient size and strength to adequately support a worker who falls on to the surface, and

(ii) is sufficiently horizontal to prevent a further fall from the surface by a worker who has fallen on to the surface;

(n) "softener" means padding or hoses that are used with a lifeline or static line to prevent a rope from being cut or chafed; and

(o) "static line" or "horizontal life line" means a rope

(i) that is attached horizontally to 2 or more fixed anchor points, and

(ii) to which a fall arrest system is attached.

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) that complies with

(A) CSA Standard Z259.11 "Personal Energy Absorbers and Lanyards", or

(B) CSA Standard Z259.2.2 "Self-Retracting Devices".

(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 Personal 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;

(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" ; and

(e) include connecting components that comply with CSA Standard Z259.12 "Connecting Components for Personal Fall Arrest Systems".

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

(a) comply with CSA Standard Z259.2.5 "Fall Arresters and Vertical Lifelines";

(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

(a) CSA Standard Z259.2.4 "Fall Arresters and Vertical Rigid Rails"; and

(b) CSA Standard Z259.2.5 "Fall Arresters and Vertical Lifelines".

(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.

[N.L.R. 43/22, s. 24]

Part XXIV WOODWORKING AND WOOD PRODUCTS MANUFACTURING

Section 471 Circular saws

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 472 Operator protection

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

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

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

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

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

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

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

Section 473 Cutting heads

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

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

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

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

(a) properly adjusted and secured; and

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

Part XXV FORESTRY OPERATIONS

Section 474 Felling

474. (1) Snags or dangerous stubs which may interfere or create a hazard shall be cleared away before a tree is felled.

(2) A worker shall not work closer than 30.48 metres from another worker who is in the act of felling a tree unless the worker is assisting that person.

(3) When workers are strip-cutting and felling trees, they shall not work opposite each other or closer than 30.48 metres on adjacent strips unless an uncut strip is left between.

(4) Before the felling cut is started, a tree shall be under-cut in the direction it is to be felled.

(5) When there is a lodged tree, an employer shall ensure that

(a) the immediate area of the lodged tree is properly marked or flagged to alert another of the hazard;

(b) the tree is felled as soon as possible using appropriate equipment;

(c) the tree is not climbed by a worker; and

(d) the tree is not lowered by felling another tree onto the lodged tree or by cutting a supporting tree.

(6) An employer or contractor shall ensure that no worker, other than the worker who is felling a lodged tree, enters the felling area unless it is safe to do so.

(7) A worker shall not stand on a tree or log when de-limbing it.

(8) Once a felling cut has been started on a tree, a worker shall not leave the tree to carry on other work until felling has been completed.

(9) A decayed or partially decayed tree or stub shall not be used as a block tree.

(10) A decayed or partially decayed tree or stub which constitutes a hazard at a yard or bucking and piling area shall be felled before the site is used.

(11) A choker cable, twitching chain or dog shall be released and pulled away from the log or tree before it is slashed, bucked or measured.

(12) An axe shall not be used to cut wire rope.

(13) A skidder's winch shall only be operated from the seat unless remote controls are used or the worker is letting out cable.

[N.L.R. 43/22, s. 41]

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.

Section 476 Hauling

476. (1) A truck, trailer or semitrailer used for transporting logs shall be equipped with bunks and stakes of adequate design and construction to safely perform their intended function.

(2) A stake referred to in subsection (1) shall be constructed so that keeper pins are secured against unintended release.

(3) A worker shall not ride on logs, pulpwood or other material loaded on or drawn by a motor vehicle while it is in transit.

(4) A road, bridge, elevated platform or other structure used by a vehicle transporting workers, logs or other forest products in forestry operations shall be constructed and maintained to a standard that permits safe transit.

(5) The open sides of a bridge, elevated truck weigh scale and associated elevated ramp approach, and other elevated structures used by logging trucks shall be equipped with substantial and well secured continuous bull rails to prevent vehicles from running off the structure that are of sufficient height and in any event not less than 25 centimetres high.

Part XXVI ELECTRICAL OPERATIONS

Section 483 Powerline hazards training

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

Section 498 Minimum clearance - high voltage equipment and conductors

498. (1) A worker shall not cause or permit material to be piled, stored or handled, a scaffold to be erected or dismantled or mobile crane, boom truck or similar equipment to operate in an area where overhead or underground conductors are located that are capable of energizing the material, mobile equipment or it load unless the employer has obtained in writing the voltage and minimum clearance distance required by the power utility.

(2) Where the written clearance referred to in subsection (1) is unavailable from the power utility, a minimum 5.5 metres shall be maintained.

(3) An employer shall ensure that at least the minimum applicable distance specified in the following table is maintained between exposed, energized high voltage electrical equipment and conductors and a worker, work, tool, machine, equipment or material, except as otherwise permitted by this Part or a standard acceptable to the minister:

Table

Voltage Phase to Phase Minimum Distance
Over 750 V to 75 kV 3 metres
Over 75k V to 250 kV 4.5 metres
Over 250 kV to 550 kV 6 metres

(4) An employer shall accurately determine the voltage of energized electrical equipment or conductor and the minimum distance from it required under subsection (3).

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.

Section 504 Tree pruning etc. in hazardous area

504. Tree pruning or falling shall not commence in a hazardous area until

(a) an assurance is issued by the owner of the power system in accordance with section 499 that a reclose feature is disabled; and

(b) a worker is informed of the voltages of the conductors.

Section 505 Qualifications

505. (1) Tree pruning or falling within the minimum distances specified in subsection 498(3) from overhead energized high voltage conductors shall be carried out by a qualified worker who has been authorized by the owner of the power system to perform the work.

(2) Tree pruning or falling is not permitted within the minimum distances specified in subsection 498(3) from overhead high voltage energized conductors unless

(a) a qualified worker is present at the site and directing the work; and

(b) at least one additional person, trained in appropriate emergency rescue procedures, is present.

Occupational Health and Safety First Aid Regulations
C.N.L.R. 1148/96

Section 19 Type 1 personal first aid kit

19. A Type 1: Personal first aid kit shall be provided by an employer and made readily accessible to

(a) all mine forepersons employed underground;

(b) all forepersons engaged in logging and sawmill operations;

(c) all supervisors of workers where the nature of the work or the location of the workplace would make it reasonable to be so equipped; and

(d) all workers who work in isolation or who do not otherwise have access to a workplace first aid kit.

[N.L.R. 68/20, s. 6]

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