PART XIIProtection Equipment and Other Preventive Measures (continued)
Instruction and Training
12.2 (1) An employer must ensure that every person who is granted access to a work place and who uses protection equipment is provided with instruction by a qualified person in the use of that equipment.
(2) The employer must ensure that, in addition to the instruction referred to in subsection (1), every employee who uses protection equipment is provided with instruction and training by a qualified person in the operation and maintenance of the equipment and training by a qualified person in its use.
(3) If a fall-protection plan has been developed for a work place under paragraph 12.06(1)(a), the employer must ensure that every employee is provided with training by a qualified person in respect of the fall-protection plan.
(4) If there is a risk of drowning in a work place, the employer must ensure that every person who is granted access to the work place is provided with instruction by a qualified person in respect of the written emergency procedures referred to in paragraph 12.15(1)(e).
(5) The employer must ensure that the instruction and training referred to in subsections (1) to (4) is summarized in writing and must keep a copy of that summary readily available for consultation by every person who is granted access to the work place.
- SOR/2019-243, s. 4
(2) The record must contain the following information:
(a) a description of the equipment and the date of its acquisition by the employer;
(b) the date and result of each inspection and test of the equipment;
(c) the date and nature of any maintenance work performed on the equipment since its acquisition by the employer; and
(d) the name of the person who performed the inspection, test or maintenance of the equipment.
(3) The record must be kept at the work place where the protection equipment is located and must continue to be kept there for a period of two years beginning on the day on which the equipment is permanently removed from service or, if a standard referred to in this Part requires that records be kept in respect of that equipment for a longer period, for that longer period.
- SOR/2019-243, s. 4
12.3 to 12.9 [Repealed, SOR/2019-243, s. 4]
PART XIIITools and Machinery
13.1 In this Part, explosive actuated fastening tool means a tool that, by means of an explosive force, propels or discharges a fastener for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material. (pistolet de scellement à cartouches explosives)
Design, Construction, Operation and Use of Tools
13.2 The exterior surface of any tool used by an employee in a fire hazard area shall be made of non-sparking material.
- SOR/88-632, s. 54
13.3 All portable electric tools used by employees shall meet the standards set out in CSA Standard CAN C22.2 No. 71.1-M89, Portable Electric Tools, the English version of which is dated September 1989 and the French version of which is dated February 1991.
- SOR/94-263, s. 48
(2) Subsection (1) does not apply to tools that
(a) are powered by a self-contained battery;
(b) have a protective system of double insulation; or
(c) are used in a location where reliable grounding cannot be obtained if the tools are supplied from a double insulated portable ground fault circuit interrupter of the class A type that meets the standards set out in CSA Standard C22.2 No. 144-1977, Ground Fault Circuit Interrupters, dated March, 1977.
- SOR/94-263, s. 49(F)
- SOR/2019-246, s. 83(F)
13.5 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.
13.6 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.
(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).
13.8 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
13.9 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.
- SOR/2019-246, s. 84
13.10 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.
- SOR/2019-246, s. 85(F)
Instructions and Training
13.11 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.
- SOR/2019-246, s. 85(F)
13.12 (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.
- SOR/88-632, s. 55(F)
- SOR/2019-246, s. 86(F)
General Requirements for Machine Guards
13.13 (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).
- SOR/94-263, s. 50(F)
- SOR/2019-246, s. 87
Use, Operation, Repair and Maintenance of Machine Guards
13.14 Machine guards shall be operated, maintained and repaired by a qualified person.
13.15 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.
- SOR/94-263, s. 51
13.16 (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
- SOR/2019-246, s. 88
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