PART 18Tools and Machinery (continued)
Defective Tools and Machinery
204 (1) If an employee finds any defect in a tool or machine that may render it unsafe for use, they must report the defect to their employer as soon as feasible.
(2) An employer must mark or tag as unsafe and remove from service any tool or machine used by employees that has a defect that may render it unsafe for use.
Training and Instruction
- SOR/2019-246, s. 311(F)
205 (1) Every employee must be trained and instructed by a qualified person in the safe and proper inspection, maintenance and use of all tools and machines that they are required to use.
(2) An employer must keep a manual of operating instructions for each type of portable electric tool, portable air-powered tool, explosive-actuated fastening tool and machine used by employees and that manual must be made readily available for examination by employees who are required to use the tool or machine to which the manual applies.
General Requirements for Protective Guards
206 (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 must be equipped with a machine guard that
(a) prevents the employee or any part of their body from coming into contact with the parts or material;
(b) prevents access by the employee to the area of exposure or to the material or parts that constitute a hazard during the operation of the machine; or
(c) makes the machine inoperative if the employee or any part of their clothing is in or near a part of the machine that is likely to cause injury.
(2) If feasible, the machine guard referred to in subsection (1) must not be removable.
(3) A machine guard must be constructed, installed and maintained so that it meets the requirements of subsection (1).
(4) Equipment used in the mechanical transmission of power must meet the requirements set out in ANSI Standard ANSI/AMT B15.1-2000 (R2008), Safety Standard for Mechanical Power Transmission Apparatus.
Use, Operation, Repair and Maintenance of Machines
- SOR/2021-122, s. 52(F)
207 (1) Machines must be operated, repaired and maintained by a qualified person.
(2) If a machine guard is installed on a machine, it is prohibited for any person to use or operate the machine unless the machine guard is in its proper position, except to permit the removal of an injured person from the machine.
(3) If it is necessary to remove a machine guard from a machine in order to perform repair or maintenance work on the machine, it is prohibited for any person to perform that work unless the machine has been rendered inoperative.
(4) If it is not feasible to render the machine inoperative, the repair or maintenance work may be performed if the employer has established procedures and methods in accordance with sections 123 and 124.
208 (1) Abrasive wheels must 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.
(2) A bench grinder must 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.
PART 19Materials Handling and Storage
209 The following definitions apply in this Part.
- materials handling equipment
materials handling equipment means equipment used to transport, lift, move or position materials, goods or things and includes mobile equipment, but does not include a persons transfer apparatus within the meaning of section 129. (appareil de manutention des matériaux)
- National Fire Code
National Fire Code means the National Fire Code of Canada 2005, issued by the Associate Committee on the National Fire Code, National Research Council of Canada. (Code national de prévention des incendies)
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 subsections 228(1) or (3), as the case may be. (opérateur)
- safe working load
safe working load means, with respect to materials handling equipment, the maximum load that the materials handling equipment is designed and constructed to handle or support safely. (charge de travail admissible)
signaller means a person assigned by an employer to direct, by means of visual or auditory signals, the safe movement and operation of materials handling equipment. (signaleur)
210 This Part does not apply to or in respect of the inspection and certification of tackle used in the loading or unloading of vessels.
DIVISION 2Design and Construction
211 (1) Materials handling equipment must, if feasible, be designed and constructed so that, if there is a failure of any part of the equipment, it will not result in loss of control of the equipment or create a hazardous condition.
(2) All glass in doors, windows and other parts of materials handling equipment must be of a type designed not to shatter into sharp or dangerous pieces on impact.
Protection from Falling Objects
212 (1) If materials handling equipment is used in circumstances where there is a risk that the operator of the equipment could be struck by a falling object or shifting load, the employer must equip it with a protective structure of a design, construction and strength that will, under all foreseeable conditions, prevent the penetration of the object or load into the area occupied by the operator.
(2) The protective structure must be
(a) constructed from non-combustible or fire-resistant material; and
(b) designed to permit quick exit from the materials handling equipment in an emergency.
(3) If, during the loading or unloading of materials handling equipment, the load will pass over the operator’s position, the operator must not occupy the equipment unless it is equipped with a protective structure referred to in subsection (1).
Protection from Overturning
213 (1) If materials handling equipment is used in circumstances in which it may turn over, it must be fitted with a rollover protection device that meets the requirements set out in CSA Standard B352.0-09, Roll-over protective structures (ROPS), falling object protective structures (FOPS), operator protective structures (OPS), and tip-over protective structures (TOPS) for mobile machinery - General Canadian requirements.
(2) Guards must be installed on the deck of every vessel and on every other elevated work area on which materials handling equipment is used to prevent the equipment from falling over the sides of the deck or area.
(3) A load must not be left suspended from any lifting machinery unless a qualified person is present and in charge of the machinery while the load is left suspended.
214 If a fuel tank, compressed gas cylinder or similar container contains a hazardous substance and is mounted on materials handling equipment, it must be
(a) located or protected with guards so 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; and
(b) connected to fuel overflow and vent pipes that are located so that fuel spills and vapours cannot
(i) be ignited by hot exhaust pipes or other hot or sparking parts, or
(ii) be hazardous to the health or safety of any employee who is required to operate or ride on the materials handling equipment.
215 (1) Motorized materials handling equipment that is regularly used outdoors must 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) If heat produced by materials handling equipment may raise the temperature in the operator’s compartment or position to 27°C or more, the compartment or position must be protected from the heat by an insulated barrier.
216 The arrangement and design of dial displays and the controls and general layout and design of the operator’s compartment or position on all materials handling equipment must not hinder or prevent the operator from operating the materials handling equipment.
217 (1) Materials handling equipment that is used for transporting or handling combustible or flammable substances must be equipped with a dry chemical fire extinguisher.
(2) The fire extinguisher must
(a) have not less than an A B C rating as defined in the National Fire Code;
(b) meet the standards set out in section 6.2 of that Code; and
(c) be located so that it is easy to reach by the operator of the materials handling equipment while they are in the operating position.
Means of Entering and Exiting
218 All materials handling equipment must be provided with a step, handhold or other means of entering into and exiting from the compartment or position of the operator and any other place on the equipment that an employee enters in order to service the equipment.
219 Materials handling equipment that is used or operated by an operator in a work place at night or at any time when the level of lighting within the work place is less than 10 lx, must be
(a) fitted with warning lights on its front and rear that are visible from a distance of not less than 100 m; and
(b) provided with lighting that ensures the safe operation of the equipment under all conditions of use.
220 All materials handling equipment must be fitted with braking, steering and other control systems that
(a) are capable of safely controlling and stopping the movement of the materials handling equipment and any hoist, bucket or other part of the materials handling equipment; and
(b) respond reliably and quickly to moderate effort by the operator.
221 (1) Motorized materials handling equipment that is used in an area occupied by employees must be fitted with
(a) a horn or other similar audible warning device for travelling forward at speeds in excess of 8 km/h; and
(b) subject to subsection (2), a horn or other similar audible warning device that automatically operates while it travels in reverse.
(2) If an audible warning device referred to in paragraph (1)(b) cannot be clearly heard above the noise of the motorized materials handling equipment and any surrounding noise, does not allow enough time for a person to avoid the danger in question or does not otherwise provide adequate warning, other visual, audible or tactile warning devices or methods must be used so that adequate warning is provided.
222 If materials handling equipment is used under conditions where a seat belt or shoulder strap type restraining device is likely to contribute to the safety of the operator or passengers, the materials handling equipment is to be fitted with belts or devices.
Rear View Mirror
223 If materials handling equipment cannot be operated safely in reverse unless it is equipped with an outside rear view mirror, the materials handling equipment must be so equipped.
Electric Materials Handling Equipment
224 Any materials handling equipment that is electrically powered must be designed and constructed so that the operator and all other employees are protected from electrical shock or injury by means of protective guards, screens or panels secured by bolts, screws or other equally reliable fasteners.
Automatic Materials Handling Equipment
225 If materials handling equipment that is controlled or operated by a remote or automatic system may make physical contact with an employee, it must be prevented from doing so by the provision of an emergency stop system or barricades.
226 (1) The design, construction, installation, operation and maintenance of each conveyor, cableway or other similar materials handling equipment must meet the standards set out in ANSI Standard ANSI/ASME B20.1-2009, Safety Standards for Conveyors and Related Equipment.
(2) Before a conveyer is put in operation, the employer must ensure that guards or other devices are installed in areas where there is a risk to the health and safety of a person.
DIVISION 3Maintenance, Operation and Use
Inspection, Testing and Maintenance
227 (1) Before materials handling equipment is operated for the first time in a work place, the employer must set out in writing instructions for the inspection, testing and maintenance of that materials handling equipment.
(2) The instructions must specify the nature and frequency of inspections, tests and maintenance.
(3) The inspection, testing and maintenance of all materials handling equipment must be performed by a qualified person.
(4) The qualified person must
(a) comply with the instructions referred to in subsection (1); and
(b) make and sign a report of each inspection, test or maintenance work performed by them.
(5) The report referred to in paragraph (4)(b) must
(a) include the date of the inspection, test or maintenance performed by the qualified person;
(b) identify the materials handling equipment that was inspected, tested or maintained; and
(c) set out the safety observations of the qualified person inspecting, testing or maintaining the materials handling equipment.
(6) The employer must keep, on the vessel on which the materials handling equipment is located, a copy of
(a) the instructions referred to in subsection (1) for as long as the materials handling equipment is in use; and
(b) the report referred to in paragraph (4)(b) for a period of two years after the day on which the report is signed.
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