Canada Occupational Health and Safety Regulations

14.51 (1) Subject to subsection (3), motorized materials handling equipment that is in use at the time this amendment comes into force, and that meets the requirements of this Part as it read immediately before the coming into force of this amendment, is exempt from having to comply with the amendment as long as the motorized materials handling equipment continues to meet those requirements.

(2) Subject to subsection (3), motorized or manual materials handling equipment that is in use at the time an amendment to a standard or code incorporated by subsection 14.6(1) or 14.8(2) or section 14.18 or 14.19 comes into force and that complies with the standard or code as it read immediately before the coming into force of the amendment, is exempt from having to comply with the amendment as long as the motorized or manual materials handling equipment continues to meet that standard or code.

(3) An employer shall ensure that, if feasible, equipment referred to in

• (a) subsection (1) meets the requirements of subsection 14.3(3) or 14.6(2), section 14.10, 14.11 or 14.13 or paragraph 14.16(1)(b); and

• (b) subsection (2) complies with an amendment referred to in that subsection.

(4) If it is not feasible for materials handling equipment in use at the time an amendment referred to in subsection (1) or (2) comes into force to comply with the amendment, the employer whose employees use the equipment shall notify the work place committee or the health and safety representative of the non-compliance.