Canada Occupational Health and Safety Regulations (SOR/86-304)

• 14.4 (1) Where motorized materials handling equipment is used under such circumstances that the onboard operator of the equipment may be struck by a falling object or shifting load, the employer shall equip the motorized materials handling equipment with a protective structure of such a design, construction and strength that it will, under all foreseeable conditions, prevent the penetration of the object or load into the compartment or position occupied by the operator.

• (2) Subsection (1) does not apply to a motorized hand-rider truck unless there is a likelihood of its operator being struck by a falling object or a shifting load.

• (3) A protective structure referred to in subsection (1) shall be

  • (a) constructed of non-combustible or fire-resistant material; and

  • (b) designed to permit quick exit from the motorized materials handling equipment in an emergency.

• (4) Where there is a likelihood that materials, goods or things will shift and endanger employees in a motor vehicle acquired after July 1, 1995 and having a gross vehicle weight of less than 4,500 kg, the employer shall install a bulkhead or other means to protect the employees.

14.5 Where during the loading or unloading of motorized materials handling equipment the load will pass over the operator’s compartment or position, the operator shall not occupy that compartment in, or position on, the equipment unless it is equipped with a protective structure required under section 14.4.

• 14.6 (1) Subject to subsection 14.51(2), where motorized materials handling equipment is used in circumstances where it may turn over, it shall be fitted with a rollover protection device that meets the standards set out in CSA Standard B352-M1980, Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines, the English version of which is dated September 1980 and the French version of which is dated April 1991, as amended from time to time, and that will prevent the operator of the motorized materials handling equipment from being trapped or crushed under the equipment if it does turn over.

• (2) Subject to subsection 14.51(1), all motorized materials handling equipment used in circumstances described in subsection (1) shall be fitted with

  • (a) seat-belts; and

  • (b) restraining devices preventing the displacement of the battery if the equipment turns over.

14.7 Where motorized materials handling equipment is used under conditions where a seat-belt or shoulder-type strap restraining device is likely to contribute to the safety of the operator or passengers, the materials handling equipment shall be equipped with such a belt or device.