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

Regulations are current to 2022-11-16 and last amended on 2022-05-02. Previous Versions

PART XIVMaterials Handling (continued)

DIVISION IDesign and Construction (continued)

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.

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 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, if feasible, maximize its operator’s ability to collect, comprehend and process information necessary for the safe use of the equipment.

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.

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

Control Systems

 All motorized materials handling equipment shall be fitted with braking, steering and other control systems that

  • (a) are capable of controlling and stopping its movement and that of any hoist, bucket or other part of the equipment; and

  • (b) respond reliably and quickly to moderate effort on the part of the employee controlling them.

  • SOR/96-400, s. 1

Warning Devices

  •  (1) Motorized materials handling equipment that is used in an area occupied by employees and that travels

    • (a) forward at speeds in excess of 8 km/h shall be fitted with a horn or other similar audible warning device; and

    • (b) in reverse shall, subject to subsection 14.51(1), be fitted with a horn or other similar audible warning device that automatically operates while it travels in reverse.

  • (2) Where an audible warning device referred to in subsection (1) 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 shall be used so that adequate warning is provided.

  • (3) Where the use of an audible warning device referred to in subsection (1) would result in night-time noise levels in excess of those allowed by a municipal by-law applicable where the motorized material handling equipment is used, visual or tactile warning devices or methods may be used at night if such devices or methods provide an adequate warning.

  • SOR/96-400, s. 1

Rear View Mirrors

 Where motorized materials handling equipment cannot be operated safely in reverse unless it is fitted with sufficient rear-view mirrors, it shall be so fitted.

  • SOR/88-632, s. 59(F)
  • SOR/96-400, s. 1

Guided Industrial Vehicles

 Subject to subsection 14.51(2), the design, construction, operation and maintenance of guided industrial vehicles shall meet the standards set out in the American Society of Mechanical Engineers Standard ASME B56.5-1993, Safety Standard for Guided Industrial Vehicles and Automated Functions of Manned Industrial Vehicles, dated 1993, as amended from time to time.

  • SOR/96-400, s. 1

Conveyors

 Subject to subsection 14.51(2), the design, construction, operation and maintenance of each conveyor, cableway or other similar motorized materials handling equipment shall meet the standards set out in the American Society of Mechanical Engineers Standard ASME B20.1-1993, Safety Standard for Conveyors and Related Equipment, dated 1993, as amended from time to time.

  • SOR/96-400, s. 1

DIVISION IIMaintenance, Use and Operation

[
  • SOR/2021-122, s. 8(F)
]

Inspection, Testing and Maintenance

  •  (1) Before motorized or manual materials handling equipment is used for the first time in a work place, the employer shall set out in writing instructions on the inspection, testing and maintenance of that materials handling equipment.

  • (2) Instructions referred to in subsection (1) shall specify the nature and frequency of inspections, testing and maintenance.

  • (3) The inspection, testing and maintenance referred to in subsection (1) shall be performed by a qualified person who

    • (a) complies with the instructions referred to in that subsection; and

    • (b) makes and signs a report of each inspection, test or maintenance work performed by the qualified person.

  • (4) A report referred to in paragraph (3)(b) shall

    • (a) include the date of the inspection, testing 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.

  • (5) The employer shall keep at the work place at which the motorized or manual 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 (3)(b) for a period of one year after the report is signed.

Mobile Cranes

 Mobile cranes shall be inspected, tested and maintained in accordance with the requirements of section 5 of CSA Standard Z150-1974, Safety Code for Mobile Cranes, dated 1974, and its supplement Z150S1-1977 entitled Supplement 1-1977 to CSA Standard Z150-1974 Safety Code for Mobile Cranes, published in 1977.

Split Rim Wheels

  •  (1) Every employer whose employees maintain or repair motorized materials handling equipment equipped with split rim wheels shall set out in writing instructions for those employees on the maintenance and repair of those wheels.

  • (2) Instructions referred to in subsection (1) shall include instructions on training, inspection, installation, guarding, compatibility of parts used and repairs relating to the assembling and disassembling of split rim wheels.

  • (3) The employer shall keep a copy of the instructions referred to in subsection (1) at the work place in which the motorized materials handling equipment referred to in that subsection is kept for as long as the equipment is in use.

Instruction and Training

[
  • SOR/2019-246, s. 100(F)
]
  •  (1) Subject to subsection (2), every employer shall ensure that every operator of motorized materials handling equipment has been instructed and trained in the procedures to be followed for

    • (a) its inspection;

    • (b) its fuelling; and

    • (c) its safe and proper use, in accordance with any instructions provided by the manufacturer and taking into account the conditions of the work place in which the operator will operate the materials handling equipment.

  • (2) Subsection (1) does not apply to an employer with respect to an operator who, under the direct supervision of a qualified person, is being instructed and trained in the use of motorized materials handling equipment or in the procedures referred to in that subsection.

  • (3) An employer shall ensure that every operator of manual materials handling equipment receives on-the-job training by a qualified person on the procedures to be followed for

    • (a) its inspection; and

    • (b) its safe and proper use, in accordance with any instructions of the manufacturer and taking into account the conditions of the work place in which the operator will operate the manual materials handling equipment and the operator’s physical capabilities.

  • (4) Every employer shall keep a written record, in respect of an operator, of any instruction or training referred to in subsection (1) for as long as the operator remains in the employer’s employment.

Qualifications

 No employer shall require an employee to operate motorized or manual materials handling equipment unless the employee

  • (a) is an operator; and

  • (b) where the laws of the province in which the equipment is operated require an operator’s licence, possesses an operator’s licence issued by any province.

  • SOR/88-632, s. 62(F)
  • SOR/96-400, s. 1

Signals

 No employer shall require an operator to operate motorized materials handling equipment unless the operator

  • (a) is directed by a signaller; or

  • (b) has an unobstructed view of the area in which the equipment is to be operated.

  • SOR/88-632, s. 63
  • SOR/96-400, s. 1
  • SOR/2009-147, s. 8(F)
  •  (1) Every employer who wishes to use signals to direct the movement of motorized materials handling equipment shall establish a single code of signals to be used by signallers in all of the employer’s work places.

  • (2) Subject to subsection (3), signals from the code referred to in subsection (1) shall be given by a signaller, who may use only those signals.

  • (3) A signal to stop given by any person granted access to the work place by the employer shall be obeyed by an operator.

  • (4) No signaller shall perform duties other than signalling while the motorized materials handling equipment under the signaller’s direction is in operation.

  • (5) Where any movement of motorized materials handling equipment that is directed by a signaller poses a risk to the safety of any person, the signaller shall not give the signal to move until that person is warned of, or protected from, the risk.

  • (6) Where the operator of any motorized materials handling equipment does not understand a signal, the operator shall consider that signal to be a stop signal.

  •  (1) Subject to subsection (2), where the use by a signaller of visual signals will not be an effective means of communication, the employer shall provide the signaller and the operator with a telephone, radio or other audible signalling device.

  • (2) No radio transmitting equipment shall be used in a work place for the transmission of signals where such use may activate electric blasting equipment in that place.

  • (3) Where a signalling device referred to in subsection (1) functions unreliably or improperly and the operation of any motorized materials handling equipment cannot be safely directed by another means of signalling, use of the motorized materials handling equipment shall be discontinued until the signalling device is repaired or replaced.

  • (4) If an employee finds any defect in radio transmitting signalling equipment that may render it unsafe for use, they shall report the defect to their employer as soon as feasible.

Gradients

 No employee shall operate and no employer shall permit an employee to operate motorized materials handling equipment on a ramp with a gradient in excess of the lesser of

  • (a) the gradient that is recommended as safe by the manufacturer of the motorized materials handling equipment, either loaded or unloaded, as applicable; and

  • (b) such gradient as a qualified person determines to be safe, having regard to the mechanical condition of the motorized materials handling equipment and its load and traction.

  • SOR/96-400, s. 1
 
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