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

Retention of Records

11.13 The employer must keep at their place of business nearest to the work place in which the confined space is located, and make readily available in paper or electronic format,

• (a) any report made under subsection 11.03(2), the procedures established under subsection 11.04(1) and the emergency procedures established under paragraph 11.06(1)(a) for a period of ten years after the day on which the qualified person signed the report or the procedures were established;

• (b) any report made under subsection 11.05(3) for

  • (i) a period of ten years after the day on which the qualified person signed the report if the verification procedures undertaken under paragraphs 11.05(1)(a) and (c) indicate that the requirements set out in subparagraphs 11.05(1)(a)(i) to (iii) were not complied with, or

  • (ii) in every other case, for a period of two years after the day on which the qualified person signed the report; and

• (c) any records of employees being trained under section 11.12 for

  • (i) as long as the employee works for the employer; or

  • (ii) a period of two years after the day on which an employee ceases to perform any activity in a confined space.

PART XIIProtection Equipment and Other Preventive Measures

Interpretation

12.01 The following definitions apply in this Part.

CBRN agent

CBRN agent means a chemical, biological, radiological or nuclear agent. (agent CBRN)

fall hazard zone

fall hazard zone means a defined area bordering on an edge that is unguarded against a risk of falling. (zone de risque de chute)

fall hazard zone system

fall hazard zone system means a system that consists of a fall hazard zone that is supervised by a fall hazard zone monitor. (système pour zone de risque de chute)

fall-arrest system

fall-arrest system means a collection of protection equipment that attaches a person to an anchorage and is designed and configured to arrest a free fall. (dispositif antichute)

fall-protection system

fall-protection system means a system that is designed and configured to eliminate or reduce the risk of a person falling, restrain a person who is at risk of falling or arrest a person’s fall. The system may be composed of one or more of the following:

• (a) a passive fall-protection system;

• (b) a fall-restraint system;

• (c) a fall-arrest system;

• (d) a fall hazard zone system. (dispositif de protection contre les chutes)

fall-restraint system

fall-restraint system means a collection of protection equipment that attaches a person to an anchorage and is designed and configured to prevent the person from getting close to an unguarded edge. (dispositif de retenue contre les chutes)

passive fall-protection system

passive fall-protection system means a system of physical barriers that is designed and installed to prevent a person from falling, including guardrails, fences, barricades or covers. (dispositif passif de protection contre les chutes)

personal fall-protection system

personal fall-protection system means a fall-restraint system or fall-arrest system. (dispositif individuel de protection contre les chutes)

• 12.02 (1) Unless otherwise indicated in this Part, any reference in this Part to a standard is a reference to that standard as amended from time to time.

• (2) Any amendment to a CSA Group standard, a CSA standard or a UL standard that is incorporated by reference in this Part is effective on the 30th day after the day on which the amendment is published by the CSA Group or by UL, as the case may be, in both official languages.

General

• 12.03 (1) If it is not feasible to eliminate a health or safety hazard in a work place or to reduce it to within safe limits and the use of protection equipment may eliminate or reduce the risk of injury from that hazard, every person who is granted access to the work place and who is exposed to that hazard must use the protection equipment prescribed by this Part.

• (2) Despite subsection (1), a person who provides instruction and training in the provision of emergency rescue services or who is instructed and trained in the provision of those services and provides them in an emergency situation may use protection equipment other than the equipment that is prescribed by this Part.

12.04 Any protection equipment that is provided or used in a work place must be designed to protect the person from the hazard in question and must not in itself create a hazard.

• 12.05 (1) All protection equipment that is provided by an employer must

  • (a) be properly stored and be maintained, inspected and, if applicable, tested by a qualified person in accordance with the manufacturer’s instructions to ensure that it is in good operating condition;

  • (b) in the case of equipment that is worn by a person,

    • (i) be safely and properly fitted to each user by a qualified person in accordance with the manufacturer’s instructions, and

    • (ii) if necessary to prevent a health hazard, be maintained in a clean and sanitary condition by a qualified person in accordance with the manufacturer’s instructions;

  • (c) in the case of any component of the equipment that requires installation and dismantling, be installed and dismantled by a qualified person in accordance with the manufacturer’s instructions; and

  • (d) in the case of equipment that is used in a fall-protection system, be used in accordance with the manufacturer’s instructions.

• (2) In the case of equipment that is used in a fall-protection system, if there are no instructions from the manufacturer with respect to the storage, maintenance, inspection, testing, fitting, installation, use or dismantling referred to in paragraphs (1)(a) to (d), the equipment must be stored, maintained, inspected, tested, fitted, installed, used or dismantled in accordance with the fall-protection plan.

Fall Protection

Fall-protection Plan

• 12.06 (1) If there is a risk of injury due to falling in any of the circumstances described in paragraphs 12.07(1)(a), (b) or (c) in a work place, the employer must, before any work activities begin,

  • (a) develop a fall-protection plan in consultation with the work place committee or the health and safety representative; and

  • (b) ensure that a copy of the fall-protection plan is readily available at the work place for consultation.

• (2) The fall-protection plan must specify

  • (a) the hazards that have been identified for each work area and each activity to be carried out at the work place;

  • (b) the fall-protection systems that have been chosen to protect against the identified hazards;

  • (c) if a personal fall-protection system is used, the anchorage to be used during the work;

  • (d) if a fall-arrest system is used, the clearance distance below each work area;

  • (e) if there are no manufacturer’s instructions with respect to the storage, maintenance, inspection, testing, fitting, installation, use or dismantling of equipment that is used in a fall-protection system and that is provided by an employer, the procedures to be followed for the purposes of paragraphs 12.05(1)(a) to (d); and

  • (f) the rescue procedures to be followed if a person falls.

• (3) The fall-protection plan must include, in annex, a copy of any manufacturer’s instructions with respect to the storage, maintenance, inspection, testing, fitting, installation, use or dismantling of equipment that is used in a fall-protection system and that is provided by an employer.

• (4) The fall-protection systems referred to in paragraph (2)(b) are to be chosen in consultation with the work place committee or the health and safety representative, as appropriate for the work area and activity in question, taking into account the following order of priority:

  • (a) passive fall-protection system;

  • (b) fall-restraint system;

  • (c) fall-arrest system; and

  • (d) fall hazard zone system.

• (5) The clearance distance referred to in paragraph (2)(d) must be sufficient to prevent a person from hitting the ground or an object or surface below the work area during a fall.

Fall-protection Systems

• 12.07 (1) Subject to subsection (2), an employer must provide or put in place a fall-protection system if work is to be performed

  • (a) from a structure or on a vehicle at a height of 3 m or more;

  • (b) from a ladder at a height of 3 m or more if, because of the nature of the work, the person performing it is unable to use at least one hand to hold onto the ladder; or

  • (c) at a height of less than 3 m if the surface onto which the person might fall would present a greater risk of injury than a solid, flat surface.

• (2) If an employee is required to work on a vehicle and it is not feasible to provide or put in place a fall-protection system, an employer must

  • (a) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative,

    • (i) perform a job safety analysis to eliminate or minimize the need for the employee to climb onto the vehicle or its load, and

    • (ii) provide every employee who could be required to climb onto the vehicle or its load with instruction and training by a qualified person on the safe method of climbing onto it and working there;

  • (b) make a report in writing to the Head of Compliance and Enforcement setting out the reasons why it is not feasible to provide or put in place a fall-protection system and include in that report the job safety analysis and a description of the instruction and training referred to in paragraph (a); and

  • (c) provide a copy of the report referred to in paragraph (b) to the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

• (3) The job safety analysis, instruction and training referred to in paragraph (2)(a) must be reviewed every two years in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

• 12.08 (1) A fall hazard zone must be at least 2 m wide and extend the entire length of the unguarded edge.

• (2) A fall hazard zone must only be established on a surface that has a slope of five degrees or less.

• (3) If a person needs to carry out an activity in a fall hazard zone or cross a fall hazard zone to get to or from a work area,

  • (a) the employer must ensure the presence of a fall hazard zone monitor whose exclusive duties are to

    • (i) supervise the fall hazard zone whenever an activity is being carried out there, and

    • (ii) ensure that the requirements of the fall-protection plan are respected;

  • (b) the employer must install, along the border between the fall hazard zone and any other work area, a raised demarcation line at a height of not less than 900 mm but not more than 1 100 mm; and

  • (c) the employer must ensure that a personal fall-protection system is used.

• (4) If a fall hazard zone system has been established in a work place, the employer must ensure that every person who is granted access to the work place is informed of the fall hazard zone system’s existence and is familiar with the procedures to be followed for accessing, performing work in and leaving the fall hazard zone.

Protection Equipment and Procedures

Fall Protection

• 12.09 (1) If there is a risk of injury due to falling in a work place and the fall-protection plan requires that a personal fall-protection system be used, the employer must provide such a system to every person — other than a person who is installing or dismantling a fall-protection system — who is granted access to the work place.

• (2) A personal fall-protection system must meet the requirements set out in the following CSA Group standards:

  • (a) Z259.16, Design of active fall-protection systems; and

  • (b) Z259.17, Selection and use of active fall-protection equipment and systems.

• (3) The components of a personal fall-protection system must meet the requirements set out in the following CSA Group standards:

  • (a) Z259.1, Body belts and saddles for work positioning and travel restraint;

  • (b) Z259.2.2, Self-retracting devices;

  • (c) Z259.2.3, Descent devices;

  • (d) Z259.2.4, Fall arresters and vertical rigid rails;

  • (e) Z259.2.5, Fall arresters and vertical lifelines;

  • (f) Z259.10, Full body harnesses;

  • (g) Z259.11, Personal energy absorbers and lanyards;

  • (h) Z259.12, Connecting components for personal fall-arrest systems (PFAS);

  • (i) Z259.13, Manufactured horizontal lifeline systems;

  • (j) Z259.14, Fall restrict equipment for wood pole climbing; and

  • (k) Z259.15, Anchorage connectors.

• (4) The components of a personal fall-protection system must be compatible and must be used in accordance with the manufacturer’s instructions.

• (5) If more than one personal fall-protection system is secured to an anchorage, a separate anchorage connector must be used for each personal fall-protection system.

• (6) The employer must ensure that a person who is using a personal fall-protection system wears and uses a full body harness.

• (7) The employer must ensure that, before each work shift, every employee inspects their personal fall-protection system in accordance with the fall-protection plan.

• (8) The employer must ensure that a person who works on an aerial device, boom-type elevating platform, scissor lift platform, forklift truck platform or any similar personnel lifting equipment in the circumstances described in subsection 12.07(1) uses a fall-restraint system that is connected to

  • (a) an anchorage that is specified in the instructions of the manufacturer of the lifting equipment; or

  • (b) if no anchorage is specified by the manufacturer, an anchorage that is certified by a person who is authorized to exercise the profession of engineering in Canada and that meets the requirements set out in CSA Group Standard Z259.16, Design of active fall-protection systems.

• (9) If the use of a fall-restraint system would prevent the person referred to in subsection (8) from carrying out their work, the employer must ensure that a fall-arrest system is used.