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

Regulations are current to 2022-11-16 and last amended on 2022-05-02. Previous Versions

PART XIIITools and Machinery (continued)

Design, Construction, Operation and Use of Tools (continued)

 All portable electric tools used by employees in a fire hazard area shall be marked as appropriate for use or designed for use in the area of that hazard.

 Where an air hose is connected to a portable air-powered tool used by an employee, a restraining device shall be attached

  • (a) where an employee may be injured by the tool falling, to the tool; and

  • (b) to all hose connections, in order to prevent injury to an employee in the event of an accidental disconnection of a hose.

  •  (1) All explosive actuated fastening tools used by employees shall meet the standards set out in CSA Standard Z166-1975, Explosive Actuated Fastening Tools, dated June, 1975.

  • (2) No employee shall operate an explosive actuated fastening tool unless authorized to do so by his employer.

  • (3) Every employee who operates an explosive actuated fastening tool shall operate it in accordance with the CSA Standard referred to in subsection (1).

 All chain saws used by employees shall meet the standards set out in CSA Standard CAN3-Z62.1-M85, Chain Saws, dated February, 1985.

Defective Tools and Machines

 If an employee finds any defect in a tool or machine that may render it unsafe for use, they shall report the defect to their employer as soon as feasible.

 An employer shall mark or tag as unsafe and remove from service any tool or machine used by his employees that has a defect that may render it unsafe for use.

Instructions and Training

 Every employee shall be instructed and trained by a qualified person appointed by his employer in the safe and proper inspection, maintenance and use of all tools and machinery that he is required to use.

  •  (1) Every employer shall maintain a manual of operating instructions for each type of portable electric tool, portable air-powered tool, explosive actuated fastening tool and machine used by his employees.

  • (2) A manual referred to in subsection (1) shall be kept by the employer readily available for examination by an employee who is required to use the tool or machine to which the manual applies.

General Requirements for Machine Guards

  •  (1) Every machine that has exposed moving, rotating, electrically charged or hot parts or that processes, transports or handles material that constitutes a hazard to an employee shall be equipped with a machine guard that

    • (a) prevents the employee or any part of his body from coming into contact with the parts or material;

    • (b) prevents access by the employee to the area of exposure to the hazard during the operation of the machine; or

    • (c) makes the machine inoperative if the employee or any part of his clothing is in or near a part of the machine that is likely to cause injury.

  • (2) If feasible, a machine guard referred to in subsection (1) shall not be removable.

  • (3) A machine guard shall be so constructed, installed and maintained that it meets the requirements of subsection (1).

Use, Operation, Repair and Maintenance of Machine Guards

 Machine guards shall be operated, maintained and repaired by a qualified person.

 Subject to section 13.16, where a machine guard is installed on a machine, no person shall use or operate the machine unless the machine guard is in its proper position.

  •  (1) Subject to subsection (2), where it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, no person shall perform the repair or maintenance work unless the machine has been locked out in accordance with a written lock out procedure provided by the employer.

  • (2) If it is not feasible to lock out a machine referred to in subsection (1) in order to perform repair or maintenance work on the machine, the work may be performed if

    • (a) the person performing the work follows written instructions provided by the employer that will ensure that any hazard to that person is not significantly greater than it would be if the machine had been locked out; and

    • (b) the person performing the work

      • (i) obtains a written authorization from the employer each time the work is performed, and

      • (ii) performs the work under the direct supervision of a qualified person.

 A copy of the instructions referred to in section 13.16 shall be kept readily available by the employer for the information of persons who perform repair and maintenance work on his machines.

Abrasive Wheels

 Abrasive wheels shall be

  • (a) used only on machines equipped with machine guards,

  • (b) mounted between flanges, and

  • (c) operated

in accordance with sections 4 to 6 of CSA Standard B173.5-1979, Safety Requirements for the Use, Care and Protection of Abrasive Wheels, dated February, 1979.

 A bench grinder shall be equipped with a work rest or other device that

  • (a) prevents the work piece from jamming between the abrasive wheel and the wheel guard; and

  • (b) does not make contact with the abrasive wheel at any time.

Mechanical Power Transmission Apparatus

 Equipment used in the mechanical transmission of power shall be guarded in accordance with sections 7 to 10 of ANSI Standard ANSI B15.1-1972, Safety Standard for Mechanical Power Transmission Apparatus, dated July, 1972.

Woodworking Machinery

 Woodworking machinery shall be guarded in accordance with clause 3.3 of CSA Standard Z114-M1977, Safety Code for the Woodworking Industry, dated March, 1977.

Punch Presses

 Punch presses shall meet the standards set out in CSA Standard Z142-1976, Code for the Guarding of Punch Presses at Point of Operation, dated February, 1976.

PART XIVMaterials Handling

Interpretation

 In this Part,

materials handling equipment

materials handling equipment means equipment, including its supporting structures, auxiliary equipment and rigging devices, used to transport, lift, move or position persons, materials, goods or things and includes mobile equipment used to lift, hoist or position persons, but does not include an elevating device that is permanently installed in a building; (appareil de manutention)

motorized hand-rider truck

motorized hand-rider truck means motorized materials handling equipment that is designed to be controlled by a walking or onboard operator; (chariot à conducteur porté ou accompagnant)

operator

operator means a person who controls the operation of motorized or manual, materials handling equipment and who has received or is receiving instructions and training in respect of the procedures referred to in subsection 14.23(1) or (3) as the case may be; (opérateur)

safe working load

safe working load means the maximum load that the motorized or manual materials handling equipment is designed and constructed to handle or support safely under particular operating conditions; (charge de travail admissible)

signaller

signaller means a person instructed by an employer to direct, by means of visual or auditory signals, the safe movement and operation of motorized materials handling equipment. (signaleur)

Application

 This Part does not apply in respect of

  • (a) subject to subsection 14.4(4), the use and operation of motor vehicles on public roads;

  • (b) the use and operation of tackle regulated pursuant to the Canada Shipping Act in the loading or unloading of ships; or

  • (c) the underground workings of mines.

  • SOR/96-400, s. 1

DIVISION IDesign and Construction

General

  •  (1) Motorized and manual materials handling equipment shall, if feasible, be so designed and constructed that if there is a failure of any part of the materials handling equipment, that failure will not result in loss of control of the materials handling equipment or create a hazardous condition.

  • (2) All glass and other transparent materials used in doors, windows and other parts of motorized materials handling equipment shall be of a type that does not shatter into sharp or dangerous pieces on impact.

  • (3) Subject to subsection 14.51(1), an employer shall ensure that the onboard operator’s compartment in, or position on, motorized materials handling equipment provides adequate adjustability of range to accommodate properly the operator for the work that is required to be done.

Protection from Falling Objects

  •  (1) If motorized materials handling equipment is used under such circumstances that there is a risk that the on board operator of the equipment could 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 risk of its operator being struck by a falling object or 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) If there is a risk that materials, goods or things could 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.

 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.

  • SOR/96-400, s. 1

Protection from Overturning

  •  (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.

Seat-Belts

 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.

Fuel Tanks

  •  (1) If a fuel tank, compressed gas cylinder or other container or any associated assembly mounted on motorized materials handling equipment contains a hazardous substance, the employer shall ensure that the tank, cylinder, container or assembly is

    • (a) so located or guarded that under all conditions it is not hazardous to the health or safety of an employee who is required to operate or ride on the materials handling equipment;

    • (b) connected to fuel overflow and vent pipes that are so located that fuel spills and vapours cannot be

      • (i) ignited by hot exhaust pipes or other hot or sparking parts, or

      • (ii) hazardous to the health or safety of an employee who is required to operate or ride on the materials handling equipment; and

    • (c) labelled on its servicing caps or covers as to its contents.

  • (2) Subject to subsection 14.51(2), the installation, operation and maintenance of propane fuelled motorized materials handling equipment shall be in accordance with the Canadian Gas Association Standard CAN/CGA-B149.2-M91, Propane Installation Code, dated 1991, as amended from time to time.

  • SOR/96-400, s. 1
  • SOR/2002-208, s. 28
 
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