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

Regulations are current to 2017-11-20 and last amended on 2017-06-20. Previous Versions

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, to the extent that is reasonably practicable, 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.

  • SOR/96-400, s. 1.

Protection from Falling Objects

  •  (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.

  • SOR/96-400, s. 1.

 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.

  • SOR/88-632, s. 57(F);
  • SOR/94-263, s. 52;
  • SOR/96-400, s. 1.

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.

  • SOR/88-68, s. 14;
  • SOR/94-263, s. 53(F);
  • SOR/96-400, s. 1.

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.

Protection from Elements

  •  (1) Motorized materials handling equipment that is regularly used outdoors shall be fitted with a roof or other structure that will protect the operator from exposure to any weather condition that is likely to be hazardous to the operator’s health or safety.

  • (2) Where the heat produced by motorized materials handling equipment results in a temperature above 26°C in the compartment or position occupied by that operator, the area shall be protected from the heat by an insulated barrier.

  • SOR/96-400, s. 1;
  • SOR/2002-208, s. 41.

Vibration

 Subject to subsection 14.51(1), an employer shall ensure that all motorized materials handling equipment in use is designed and constructed so that any employee required to operate or ride on it will not be injured or its control will not be impaired by any vibration, jolting or uneven movement of the materials handling equipment.

  • SOR/88-632, s. 58;
  • SOR/96-400, s. 1.

Controls

 Subject to subsection 14.51(1), the design and arrangement of displays and controls and the general design and layout of the operator’s compartment or position on all motorized materials handling equipment shall not hinder or prevent its operator from operating the equipment and shall, where reasonably practicable, maximize its operator’s ability to collect, comprehend and process information necessary for the safe use of the equipment.

  • SOR/96-400, s. 1.

Fire Extinguishers

  •  (1) An employer shall equip motorized materials handling equipment that is used for transporting or handling flammable substances with a dry chemical fire extinguisher.

  • (2) A fire extinguisher referred to in subsection (1) shall

    • (a) have not less than a 5 B, C rating as defined in the National Fire Code;

    • (b) meet the standards set out in section 6.2 of the National Fire Code; and

    • (c) be so located that it is readily accessible to the operator of the motorized materials handling equipment while the operator is in the operating position.

  • (3) Subsection (1) does not apply to motorized materials handling equipment that is used exclusively within a building that has the fire extinguishers required by Part XVII.

  • SOR/96-400, s. 1.

Means of Entering and Exiting

  •  (1) Subject to subsection 14.51(1), an employer shall ensure that all motorized materials handling equipment has a safe means of entering and exiting

    • (a) the work area of the operator; and

    • (b) any other place on the equipment to which an employee requires regular access.

  • (2) A safe means referred to in subsection (1) shall take into account the employee’s body dimensions while wearing personal protective equipment and shall not require the employee to jump from the motorized materials handling equipment.

  • SOR/96-400, s. 1.

Lighting

  •  (1) Subject to subsection (2), where motorized materials handling equipment is used by an employee in a work place at night or at any time when the level of lighting within the work place is less than 10 lx, the materials handling equipment shall be fitted with

    • (a) warning lights on the front and rear that are visible from a distance of not less than 100 m; and

    • (b) lighting that ensures the safe operation of the equipment.

  • (2) No motorized materials handling equipment shall be used at night on a route that is used by other vehicles unless it is fitted with such lights as are required under the laws of the province in which the equipment is used.

  • SOR/96-400, s. 1.
 
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