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

Regulations are current to 2019-11-19 and last amended on 2019-06-25. Previous Versions

PART XIVMaterials Handling (continued)

DIVISION IIMaintenance, Use and Operation (continued)

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.

  • SOR/88-632, s. 61(F)
  • SOR/96-400, s. 1
  • SOR/2019-246, s. 99(F)

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 operator who, under the direct supervision of a qualified person, is being instructed and trained to use motorized materials handling equipment or on the matters 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.

  • SOR/96-400, s. 1
  • SOR/2019-246, s. 101(F)

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 in an emergency 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.

  • SOR/96-400, s. 1
  •  (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.

  • SOR/94-263, s. 54(F)
  • SOR/96-400, s. 1
  • SOR/2019-246, s. 102

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

Repairs

  •  (1) Motorized or manual materials handling equipment that creates a health or safety hazard owing to a defect in the materials handling equipment shall be taken out of service until it has been repaired or modified by a qualified person.

  • (2) Subject to subsection (3), any repair, modification or replacement of a part of any motorized or manual materials handling equipment shall at least maintain the safety factor of the materials handling equipment or part.

  • (3) If a part of less strength or quality than the original part is used in the repair, modification or replacement of a part of any motorized or manual materials handling equipment, the employer shall restrict the use of the materials handling equipment to such loading and use as will ensure the retention of the original safety factor of the equipment or part.

  • (4) An employer shall keep a record of any repair or modification referred to in subsection (1) and of any restriction on use imposed pursuant to subsection (3).

  • SOR/96-400, art. 1
  • SOR/2002-208, s. 39
  • SOR/2019-246, s. 103(F)

Transporting and Positioning Employees

  •  (1) Motorized or manual materials handling equipment shall not be used for transporting an employee and no employee shall so use the equipment unless the equipment is specifically designed for that purpose.

  • (2) Motorized or manual materials handling equipment shall not be used for hoisting or positioning an employee, unless the equipment is equipped with a platform, bucket or basket designed for those purposes.

  • (3) Any motorized materials handling equipment that is normally used for transporting employees from place to place in a work place shall be equipped with

    • (a) a mechanical parking brake; and

    • (b) a hydraulic or pneumatic braking system.

  • SOR/96-400, s. 1

Loading, Unloading and Maintenance While in Motion

 No materials, goods or things shall be picked up from, or placed on, any motorized or manual materials handling equipment while the equipment is in motion unless the equipment is specifically designed for that purpose.

  • SOR/96-400, s. 1

 Except in the case of an emergency, no employee shall get on or off of motorized or manual materials handling equipment while it is in motion.

  • SOR/96-400, s. 1
  •  (1) Subject to subsection (2), no repair, maintenance or cleaning work shall be performed on motorized or manual materials handling equipment while the materials handling equipment is in use.

  • (2) Fixed parts of motorized or manual materials handling equipment may be repaired, maintained or cleaned while the materials handling equipment is being used if the parts are so isolated or guarded that the use of the materials handling equipment does not present a risk to the safety of the employee performing the repair, maintenance or cleaning work.

  • SOR/88-632, s. 64(F)
  • SOR/94-263, s. 55(F)
  • SOR/96-400, s. 1
 
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