Occupational Health and Safety Code

256(1)

A worker must not operate powered mobile equipment unless the worker

(a) is trained to safely operate the equipment,

(b) has demonstrated competency in operating the equipment to a competent worker designated by the employer,

(c) is familiar with the equipment’s operating instructions, and

(d) is authorized by the employer to operate the equipment.

256(2)

Subsection (1)(a), (b) and (c) do not apply if a worker in training operates the equipment under the direct supervision of a competent worker designated by the employer.

256(3)

The operator of powered mobile equipment must

(a) report to the employer any conditions affecting the safe operation of the equipment,

(b) operate the equipment safely,

(c) maintain full control of the equipment at all times,

(d) use the seat belts and other safety equipment in the powered mobile equipment,

(e) ensure that passengers in the powered mobile equipment use the seat belts and other safety equipment in the powered mobile equipment, and

(f) keep the cab, floor and deck of the powered mobile equipment free of materials, tools or other objects that could interfere with the operation of the controls or create a tripping or other hazard to the operator or other occupants of the equipment.

256(4)

Repealed.

257(1)

Before operating powered mobile equipment, the operator must complete a visual inspection of the equipment and the surrounding area to ensure that the powered mobile equipment is in safe operating condition and that no worker, including the operator, is endangered when the equipment is started up.

257(2)

While powered mobile equipment is in operation, the operator must complete a visual inspection of the equipment and surrounding area at the intervals required by the manufacturer’s specifications or, in the absence of manufacturer’s specifications, the employer’s operating procedures.

257(3)

Despite subsections (1) and (2), if the powered mobile equipment is continuously operated as part of an ongoing work operation, the operator may visually inspect the equipment during the work shift or work period as required by the employer’s operating procedures.

257(4)

A person must not start powered mobile equipment if the visual inspection under subsection (1) is not completed.

258(1)

If the movement of a load or the cab, counterweight or any other part of powered mobile equipment creates a danger to workers,

(a) an employer must not permit a worker to remain within range of the moving load or part, and

(b) the operator must not move the load or the equipment if a worker is exposed to the danger.

258(2)

If the movement of a load or the cab, counterweight or any other part of powered mobile equipment creates a danger to workers, a worker must not remain within range of the moving load or part.

258(3)

If a worker could be caught between a moving part of a unit of powered mobile equipment and another object, an employer must

(a) restrict entry to the area by workers, or

(b) require workers to maintain a clearance distance of at least 600 millimetres between the powered mobile equipment and the object.

259(1)

An employer must ensure that, if reasonably practicable,

(a) walkways are designated that separate pedestrian traffic from areas where powered mobile equipment is operating, and

(b) workers use the designated walkways.

259(2)

If it is not reasonably practicable to use designated walkways, an employer must ensure that safe work procedures are used to protect workers who enter areas where powered mobile equipment is operating.

260(1)

An employer must ensure that powered mobile equipment is inspected by a competent worker for defects and conditions that are hazardous or may create a hazard.

260(2)

An inspection under subsection (1) must be made in accordance with the manufacturer’s specifications.

260(3)

If an inspection under subsection (1) indicates that powered mobile equipment is hazardous or potentially hazardous, an employer must ensure that

(a) the health and safety of a worker who may be exposed to the hazard is protected immediately,

(b) the powered mobile equipment is not operated until the defect is repaired or the condition is corrected, and

(c) the defect is repaired or the unsafe condition corrected as soon as reasonably practicable.

260(4)

Despite subsection (3), if an inspection under subsection (1) indicates that the powered mobile equipment is potentially hazardous but the equipment can be operated safely, an employer must ensure that

(a) the operator is made aware of the potential hazard, and

(b) the defect or condition is repaired as soon as reasonably practicable.

260(5)

An employer must ensure that a record of the inspections and maintenance carried out as required by subsections (1) and (2) is kept at the work site and readily available to a worker who operates the powered mobile equipment.

260(6)

Repealed.

261

An employer must ensure that if elevated parts of powered mobile equipment are being maintained or repaired by workers, the parts and the powered mobile equipment are securely blocked in place and cannot move accidentally.

262(1)

Subject to subsection (3), an employer must ensure that a worker does not start the power unit of powered mobile equipment if the drive mechanisms and clutches of the equipment are engaged.

262(2)

A worker must not start the power unit of powered mobile equipment if the drive mechanisms and clutches of the equipment are engaged.

262(3)

An employer must ensure that no worker, including the operator, can be injured due to the movement of powered mobile equipment or any part of it, if

(a) its power unit can be started from a location other than the equipment’s control platform or cab seat, or

(b) it is not reasonably practicable to disengage its drive mechanism or clutches.

263(1)

A person must not leave the controls of powered mobile equipment unattended unless the equipment is secured against unintentional movement by an effective method of immobilizing the equipment.

263(2)

A person must not leave the controls of powered mobile equipment unattended unless a suspended or elevated part of the powered mobile equipment is either landed, secured in a safe position or both.

264(1)

An employer must ensure that powered mobile equipment operated during hours of darkness or when, due to insufficient light or unfavourable atmospheric conditions, workers and vehicles are not clearly discernible at a distance of at least 150 metres is equipped with lights that illuminate

(a) a direction in which the equipment travels,

(b) the working area around the equipment, and

(c) the control panel of the equipment.

264(2)

An employer must ensure that the lights on earthmoving construction machinery installed on or after July 1, 2009 complies with SAE Standard J1029 (2007), Lighting and Marking of Construction, Earthmoving Machinery.

265(1)

An employer must ensure that glazing used as part of the enclosure for a cab, canopy or rollover protective structure on powered mobile equipment is safety glass or another non‑shattering material providing at least equivalent protection.

265(2)

An employer must ensure that the glazing installed on or after July 1, 2009 on an enclosure of powered mobile equipment is approved to ANSI Standard ANSI/SAE Z26.1 (1996), Safety Glazing Material for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways — Safety Standard.

265(3)

An employer must ensure that broken or cracked glazing that obstructs an operator’s view from powered mobile equipment is replaced as soon as is reasonably practicable.

265(4)

An employer must ensure that a windshield on powered mobile equipment has windshield wipers of sufficient size and capacity to clean matter that obstructs the operator’s view from the windshield.

266

An employer must ensure that powered mobile equipment has

(a) a device within easy reach of the operator that permits the operator to stop, as quickly as possible, the power unit, drawworks, transmission or any ancillary equipment driven from the powered mobile equipment, including a power take‑off auger or digging, lifting or cutting equipment,

(b) an effective means of warning workers of the presence, general dimensions and movement of the equipment if the presence, dimensions or movement may be a danger to a worker,

(c) seats or other installations sufficient to ensure the safety of the operator and other workers who may be in or on the equipment while it is in motion, and

(d) safety clips on the connecting pins if the powered mobile equipment is equipped with a trailer hitch.

267(1)

An employer must ensure that, if a powered mobile equipment operator’s view of the equipment’s path of travel is obstructed or cannot be seen directly or indirectly in a direction, the powered mobile equipment has

(a) an automatic audible warning device that

(i) activates if the equipment controls are positioned to move the equipment in that direction, and

(ii) is audible above the ambient noise level,

(b) a warning device or method appropriate to the hazards of the work site, or

(c) an automatic system that stops the equipment if a worker is in its path.

267(2)

If it is impractical to equip powered mobile equipment in accordance with subsection (1), the operator must ensure that the operator and other workers are protected from injury before moving the equipment by

(a) doing a visual inspection on foot of the area into which the equipment will move,

(b) following the directions of a traffic control or warning system,

(c) getting directions from a designated signaller or other worker who

(i) has an unobstructed view of the area into which the equipment will move, or

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

or

(d) ensuring all other workers are removed from the area into which the equipment will move.

268

An employer must install a bulkhead or provide other effective means to protect the operator of a vehicle transporting equipment or materials that may shift during an emergency stop.

269

An employer must ensure that powered mobile equipment has a cab, screen, shield, grill, deflector, guard or other adequate protection for the operator if the hazard assessment indicates there is a significant possibility that the operator may be injured by flying or projecting objects.

270(1)

An employer must ensure that the following types of powered mobile equipment weighing 700 kilograms or more have rollover protective structures:

(a) tracked (crawler) or wheeled bulldozers, loaders, tractors or skidders, other than those operating with side booms;

(b) back hoes with a limited horizontal swing of 180 degrees;

(c) motor graders;

(d) self‑propelled wheeled scrapers;

(e) industrial, agricultural and horticultural tractors, including ride‑on lawnmowers;

(f) wheeled trenchers.

270(2)

An employer must ensure that a rollover protective structure installed on or after July 1, 2009 complies with the applicable requirements of

(a) CSA Standard B352.0‑95 (R2006), Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial and Mining Machines — Part 1: General Requirements, and

(i) CSA Standard B352.1‑95 (R2006), Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial and Mining Machines — Part 2: Testing Requirements for ROPS on Agricultural Tractors, or

(ii) CSA Standard B352.2‑95 (R2006), Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial and Mining Machines — Part 3: Testing Requirements for ROPS on Construction, Earthmoving, Forestry, Industrial and Mining Machines,

(b) SAE Standard J1042 (2003), Operator Protection for General‑Purpose Industrial Machines,

(c) SAE Standard J1194 (1999), Rollover Protective Structures (ROPS) for Wheeled Agricultural Tractors,

(d) ISO Standard 3471: 2000, Earth moving machinery — Roll‑over protective structures — Laboratory tests and performance requirements, or

(e) OSHA Standard 1928.52, Protective Frames for Wheel‑type Agricultural Tractors — Test Procedures and Performance Requirements.

270(3)

If powered mobile equipment is not referred to in subsection (1) and a hazard assessment identifies rollover as a potential hazard, the employer must

(a) equip the powered mobile equipment with a rollover protective structure that is either supplied by the manufacturer or certified by a professional engineer as being suited to that equipment, or

(b) institute safe work procedures that eliminate the possibility of rollover.

270(4)

Repealed.

271(1)

An employer must ensure that the powered mobile equipment fitted with a rollover protective structure manufactured on or after July 1, 2009 has seat belts for the operator and passengers that comply with

(a) SAE Standard J386 (2006), Operator Restraint System for Off‑Road Work Machines, or

(b) SAE Information Report J2292 (2006), Combination Pelvic/Upper Torso (Type 2) Operator Restraint Systems for Off‑Road Work Machines.

271(2)

Despite subsection (1), if the work process makes wearing the seat belts in the powered mobile equipment impracticable, the employer may permit workers to wear shoulder belts or use bars, screens or other restraining devices designed to prevent the operator or a passenger from being thrown out of the rollover protective structure.

272(1)

If the hazard assessment identifies that an operator of powered mobile equipment is exposed to falling objects, the employer must ensure that the powered mobile equipment is equipped with a falling objects protective structure.

272(2)

A falling objects protective structure installed on or after July 1, 2009 must comply with the appropriate requirements of

(a) SAE Standard J167 (2002), Overhead Protection for Agricultural Tractors — Test Procedures and Performance Requirements,

(b) SAE Standard J/ISO 3449 (2005), Earthmoving Machinery — Falling‑Object Protective Structures — Laboratory Tests and Performance Requirements, or

(c) SAE Standard J1042 (2003), Operator Protection for General‑Purpose Industrial Machines.

272(3)

An employer, instead of using a falling objects protective structure that complies with subsection (2), may use equipment that is certified by a professional engineer as providing the equivalent or better protection.

273

An employer must ensure that any addition, modification, welding or cutting of a rollover protective structure or a falling objects protective structure is done in accordance with the instructions of, and is re‑certified as restored to its original performance requirements by, the equipment manufacturer or a professional engineer.

274

An employer must ensure that a fuel tank located in the enclosed cab of a unit of powered mobile equipment has a filler spout and vents

(a) extending outside the cab, and

(b) that are sealed to prevent vapours from entering the enclosed cab.

275(1)

An employer must ensure that no part of an operator’s or passenger’s body extends beyond the side of a vehicle or powered mobile equipment while it is in operation.

275(2)

An employer must ensure that equipment or material in a vehicle or unit of powered mobile equipment is positioned or secured to prevent injury to the operator and passengers, if any.

275(3)

An employer must ensure that sufficient protection against inclement weather is provided for workers travelling in a vehicle or unit of powered mobile equipment.

275(4)

If a vehicle or unit of powered mobile equipment with an enclosed body is used to transport workers, an employer must ensure that the equipment’s exhaust gases do not enter the enclosed body.

276

A person must not ride on top of a load that is being moved.

277(1)

An employer must ensure that workers are not servicing or maintaining a vehicle while flammable, combustible or explosive materials are

(a) being loaded into or unloaded from the vehicle, or

(b) in the vehicle, other than in the vehicle’s fuel tank or a portable fuel tank that is approved to the appropriate ULC standard for that tank.

277(2)

For the purposes of subsection (1), servicing and maintaining a vehicle does not include checking or topping up fluid levels or air pressure.

277(3)

A worker must not service or maintain a vehicle in contravention of subsection (1).

278(1)

The operator must ensure that a tank truck containing flammable, combustible or explosive materials is bonded and grounded while

(a) its loading lines are connected or disconnected, and

(b) the contents of the tank truck are being transferred.

278(1.1), (1.2)

Repealed.

278(2)

Section 277 does not apply to a commercial tank truck designed to transport flammable, combustible or explosive materials.

279(1)

An employer must ensure that a worker does not

(a) smoke within 7.5 metres of a vehicle while it is being refuelled,

(b) refuel a vehicle when there is a source of ignition within 7.5 metres of that vehicle, or

(c) dispense flammable fuels into the fuel tank of a motor vehicle or watercraft while its engine is running.

279(2)

A person must not

(a) smoke within 7.5 metres of a vehicle while it is being refuelled,

(b) refuel a vehicle when there is a source of ignition within 7.5 metres of that vehicle, or

(c) dispense flammable fuels into the fuel tank of a motor vehicle or watercraft while its engine is running.

279(3)

An employer must ensure that a worker dispensing flammable fuel

(a) takes precautions to prevent the fuel from overflowing or spilling,

(b) does not knowingly overfill the fuel system, and

(c) does not use an object or device that is not an integral part of the hose nozzle valve assembly to maintain the flow of fuel.

279(4)

Subsections (1)(c) and (2)(c) do not apply to the fuelling system of the motor vehicle or watercraft if its manufacturer or a professional engineer certifies

(a) it is safe to refuel while the engine is running, and

(b) the safe work practices to be used during the refuelling.

280

A person must not use a three‑wheeled all‑terrain vehicle at a work site.

281

An employer must ensure that the operator’s manual for an all‑terrain vehicle or snow vehicle is kept in a secure place with the vehicle or at another location readily accessible to the operator.

282(1)

The operator of an all-terrain vehicle or snow vehicle must ensure that, if it is used to move a load, the load conforms to the weight, height and other limits specified by the manufacturer of the all-terrain vehicle or snow vehicle.

282(2)

If the manufacturer has not set limits for operation of the all-terrain vehicle or snow vehicle on sloping ground, the employer must implement safe work procedures appropriate for the slopes on which the equipment is used.

283

An employer must ensure that a forklift truck has a durable and legible load rating chart that is readily available to the operator.

284

If a forklift truck is equipped with a seat belt by the original equipment manufacturer or a seat belt is added to the equipment at some later date, an employer must ensure that the seat belt is present and in useable condition.

285

The operator of pile driving equipment must ensure that a pile hammer is securely chocked while suspended by the hammer line if the equipment is not operating.

286(1)

The operator of pile driving equipment must ensure that pilings are not hoisted in the leads if workers who are not directly involved in the pile hoisting are on the superstructure or within range of a falling pile.

286(2)

A worker must not

(a) remain or ride on a load or part of a load being moved, raised or lowered by pile driving equipment, or

(b) be on the superstructure of pile driving equipment or within range of a falling pile if the worker is not directly involved in the pile hoisting.

287

An employer must ensure that the pressure hoses of pile driving equipment with pressure hammers have, on the pressure side of all hose connections, safety chains or ropes designed to protect workers should the hoses or connections fail.

288

An employer must ensure that

(a) at the beginning of a work shift, the brake bands and clutches of pile driving equipment are inspected by a competent worker designated by the employer, and

(b) if the worker finds contamination by oil or grease, the contaminated units are dismantled and cleaned or replaced before they are used.

289

The employer must ensure that

(a) workers in the area of a timber pile being struck by a pile driver are protected from any danger that may result from the pile shattering, and

(b) before piles are placed in position for driving, pile heads are cut square and timber piles are free of debris, bark and splintered wood.

290(1)

An employer must ensure that a crane boom used for driving piles with a vibratory hammer is

(a) inspected

(i) at the intervals specified in the manufacturer’s specifications or specifications certified by a professional engineer, or

(ii) annually or every 600 operating hours, whichever comes first,

and

(b) certified by a professional engineer as safe for continued use.

290(2)

An employer must ensure that a crane boom with a vibratory pile extractor is

(a) inspected

(i) at the intervals specified in the manufacturer’s specifications or specifications certified by a professional engineer, or

(ii) annually or every 200 operating hours, whichever comes first,

and

(b) certified by a professional engineer as safe for continued use.

290(3)

An employer must ensure that a crane boom used for dynamic compaction is

(a) inspected

(i) at the intervals specified in the manufacturer’s specifications or specifications certified by a professional engineer, or

(ii) annually or every 200 operating hours, whichever comes first,

and

(b) certified by a professional engineer as safe for continued use.

290.1

If a worker uses a personal vehicle for work purposes,

(a) an employer must ensure that the worker complies with section 256(1) by complying with the appropriate licensed driver requirements of provincial legislation, and

(b) the worker must ensure that the vehicle is maintained in sound mechanical condition.

290.2(1)

An employer must ensure that all load bearing components of a concrete pump truck undergo non‑destructive testing under the direction and control of a professional engineer in accordance with the manufacturer’s specifications at 12‑month intervals from the date of the concrete pump truck’s most recent certification.

290.2(2)

An employer must ensure that the operator of a concrete pump truck visually inspects all load bearing components and safety and control devices of the concrete pump truck before each use.

290.2(3)

Before using a concrete pump truck at a work site, an employer must ensure that the outriggers of the equipment are extended in accordance with the manufacturer’s specifications.

290.2(4)

While a concrete pump truck is in use at a work site, an employer must ensure that no worker or other person is positioned under a distribution boom or mast connected to the concrete pump truck.

290.2(5)

An employer must ensure that a concrete pump truck is not moved when its distribution boom or mast is partially or fully extended, unless the truck is designed to be moved with its distribution boom or mast partially or fully extended.