Occupational Health and Safety Code

12

An employer must ensure that

(a) equipment and personal protective equipment is of sufficient size, strength and design and made of suitable materials to withstand the stresses imposed on it during its operation and to perform the function for which it is intended or was designed,

(b) equipment and personal protective equipment used or worn and any explosive used or to be used at a work site

(i) is maintained in a condition that will not compromise the health or safety of workers using or transporting it,

(ii) will safely perform the function for which it is intended or was designed, and

(iii) is free from obvious defects,

(c) the rated capacity or other limitations on the operation of the equipment, personal protective equipment, or any part of it, or on explosives as described in the manufacturer’s specifications or specifications certified by a professional engineer, are not exceeded,

(d) modifications to equipment or personal protective equipment or an explosive that may affect its structural integrity or stability are performed in accordance with the manufacturer’s specifications or specifications certified by a professional engineer, and

(e) equipment, personal protective equipment and explosives are used, erected, installed, assembled, started, operated, handled, stored, serviced, tested, adjusted, calibrated, maintained, repaired, destroyed, dismantled and subjected to any other work in accordance with the manufacturer’s specifications or the specifications certified by a professional engineer.

13(1)

If this Code requires anything to be done in accordance with a manufacturer’s specifications, an employer may, instead of complying strictly with the manufacturer’s specifications, comply with modified specifications certified by a professional engineer.

13(2)

If this Code requires anything to be done in accordance with manufacturer’s specifications and they are not available or do not exist, an employer must

(a) develop and comply with procedures that are certified by a professional engineer as designed to ensure the thing is done in a safe manner, or

(b) have the equipment certified as safe to operate by a professional engineer at least every 12 calendar months.

13(3)

Repealed.

14(1)

If this Code requires that procedures or specifications be certified by a professional engineer, the certification must

(a) be in writing, and

(b) be stamped and signed by the professional engineer.

14(2)

Unless the document states otherwise, certification by a professional engineer implies that the procedures or specifications certified are fit and safe for the workers affected by them.

15

If this Code requires equipment or personal protective equipment to be approved by a named organization, an employer must use best efforts to ensure that the seal, stamp, logo or similar identifying mark of that organization is on the equipment or personal protective equipment and legible.

15.1

If the Act, the regulations or this Code requires work to be done in accordance with a manufacturer’s specifications or specifications certified by a professional engineer, an employer must ensure that the specifications are readily available to the workers, supervisors and other persons at the work site.