This part of the directive enhances and/or supplements Part III (Temporary Structures and Excavations) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31290.html#rid-31439]
of the Canada Occupational Health and Safety Regulations and should be read in that context.
This Part applies to portable ladders, temporary ramps and stairs, temporary elevated work bases used by employees
and temporary elevated platforms used for materials.
In this directive:
"elevated work structures" (charpente surélevée) means a structure or device that is used as elevated
work base for persons or as an elevated platform for material and includes any scaffold, stage or staging, walk-way,
decking, bridge, boatswain's chair, tower, crawling board, temporary floor, any portable ladder or means of access or
egress from any of the foregoing, and any safety net, landing or other device used in connection with such a
structure;
"mobile elevated work structure" (charpente surélevée mobile) means a vehicle-mounted aerial device,
elevating rolling work platform, boom-type elevating work platform or self-propelled elevating work platform.
3.1.1 A qualified person shall visually inspect each temporary structure prior to each work shift to ensure,
insofar as possible by such inspection, that it is safe to use and ensure that a record of each inspection is made by
the person who carried out the inspection.
3.2.1 Departments shall ensure that the design, construction, maintenance and use of every mobile elevated work
structure shall comply with the appropriate standard.
3.2.2 To the extent that is practicable, where it is necessary to use or move a mobile elevated work structure with
an employee on such a device, the person in charge shall ensure that the device is observed until it is no longer in
motion.
3.3.1 To the extent that is practicable, the design, construction and use of scaffolds shall meet the requirements
of the appropriate standard.
3.4.1 Each excavation in which an employee works shall be safe for use, and be used in a safe and proper manner,
and
- prior to a work shift, a qualified person shall undertake a safety inspection of each excavation to be used
during that shift;
- a record of each inspection shall be completed by the person who carried out the inspection;
- every record referred to in paragraph (b):
- shall be signed by the person who carried out the inspection, and
- shall include:
- date of the inspection;
- identification and location of excavation;
- any observation that the person considers relevant to the safety of employees; and
- declaration that in the opinion of the person carrying out the inspection, the excavation is safe for its
intended use.
This part of the directive enhances and/or supplements Part IV (Elevating Devices) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31290.html#rid-31484]
of the Canada Occupational Health and Safety Regulations and should be read in that context.
Notwithstanding the scope of other federal government codes or standards concerning elevating devices, this
directive is primarily concerned with occupational safety. This directive shall have application in all
government-owned buildings occupied by Public Service employees. Where Public Service employees occupy buildings not
owned by the federal government, it shall be applied to the maximum extent that is reasonably practical.
Privately-owned facilities occupied by the Public Service are expected to comply with the applicable provincial or
territorial requirements.
In this directive:
"design" (plan) means the plans, patterns, drawings and specifications of an elevating device;
"elevating device" (appareil de levage) means a fixed mechanical device for moving passengers or freight
and includes an elevator, dumbwaiter, manlift, escalator, inclined lift, moving sidewalk or other similar device;
"maximum carrying capacity" (capacité maximale de transport) means, with respect to an elevating device,
the load that the elevating device is designed and installed to lift safely;
"minister" (ministre) means the Minister of Public Works and Government Services;
"operating authority" (autorité exploitante) means the Public Service department or agency responsible
for the operation and - or maintenance of an elevating device;
"record of inspection" (dossier d'inspection) means a record prepared by a safety inspector;
"regional director" (directeur régional) means an officer designated by the Minister to administer the
safety inspection program in the area in which a Public Service occupancy or establishment is located;
"safety device" (dispositif de sécurité) means any device intended to aid in preventing the unsafe
operation or use of an elevating device or manlift;
"safety inspector" (inspecteur de sécurité) means a qualified person employed by an inspection agency
accredited by the Minister to perform safety inspections of elevating devices in Public Service facilities;
"seal" (fermer) means to take any measures necessary by a qualified person to prevent the unauthorized
operation or use of an elevating device.
4.1.1 Upon completion of an inspection after an installation or alteration, the safety inspector shall so advise
the Regional Director.
4.2.1 The Regional Director is responsible for ensuring that safety inspections are performed by qualified
inspection agencies in accordance with the requirements set out in the Code and this directive.
4.2.2 Safety inspectors shall be provided with accreditation by the Minister identifying them as persons qualified
and authorized to perform safety inspections of elevating devices in accordance with this directive.
4.2.3 Operating authorities shall provide to the Regional Director a list of all elevating devices in their charge
which are subject to the requirements of this directive and shall provide prompt notification of any additions or
deletions to this list.
4.2.4 When requested by a safety inspector conducting an inspection or test pursuant to this Directive, the
operating authority shall provide that person with an assistant who is capable of taking all precautions necessary to
ensure that inspector's safety during the inspection or test and to assist in the safe conduct of the inspection or
test.
4.2.5 Where a safety inspector finds, on inspection, that an elevating device is not safe to operate the inspector
shall:
- immediately seal the elevating device and inform the operating agency that the use of the elevating device is
prohibited;
- take possession of or cancel the certificate of inspection, if any;
- advise the Regional Director.
4.2.6 Upon discovery of any defect or condition in the elevating device that may render it unsafe to operate, the
operating authority shall immediately take the device out of service until repairs have been completed, inspected and
a new record of inspection issued.
4.2.7 The operating authority shall ensure that maintenance and repair of elevating devices or safety devices
attached to it is performed by a qualified person in accordance with standards which comply with good industrial
safety practice.
This part of the directive includes a process whereby the employer (Treasury Board [http://publiservice.tbs-sct.gc.ca/index_e.asp])
has delegated to the primary custodian of government property (PWGSC [http://pwgsc-tpsgc.gc.ca/text/index-e.html])
the responsibility for establishing contracts, on behalf of all custodian departments, with provincial boiler
inspection authorities to ensure that inspections required by the Canada Labour Code, Part II [http://laws.justice.gc.ca/en/L-2/16951.html]
are carried out.
This part of the directive enhances and/or supplements Part V (Boilers and Pressure Vessels) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31290.html#rid-31501]
of the Canada Occupational Health and Safety Regulations and should be read in that context.
In this directive:
"authorized inspection agency" (organisme d'inspection autorisé) means the provincial or territorial or
other inspection agency which:
- employs qualified inspectors;
- meets the requirements of an "Authorized Inspection Agency" as defined in Section 3.2 of the American
Society of Mechanical Engineers (ASME) Boilers and Pressure Vessels Code [http://www.asme.org/bpvc/bpvc3nca.shtml];
- does not contract with any department or agency of the Public Service for the operation, repair or maintenance
of boilers, pressure vessels or piping systems;
"designated inspection agency" (organisme d'inspection désigné) means the provincial, territorial or
other inspection agency engaged by the Minister to inspect boilers, pressure vessels or piping systems for specified
geographic areas;
"minister" (ministre) means the Minister of Public Works and Government Services;
"operating authority" (autorité exploitante) means the Public Service department or agency responsible
for the operation and/or maintenance of a boiler, pressure vessel or piping system;
"provincial or territorial inspection agency" (organisme d'inspection provincial ou territorial) means the
agency responsible for inspection, certification and registration of boilers, pressure vessels and piping systems
under provincial or territorial jurisdiction in the geographical area in which a boiler, pressure vessel or piping
system of the Public Service is located;
"qualified inspector" (inspecteur compétent) means a person recognized under the laws of the province or
territory in which the boiler, pressure vessel or piping system is located as qualified to inspect boilers, pressure
vessels and piping systems;
"regional director" (directeur régional) means an officer designated by the Minister to administer the
safety inspection program in the area in which a Public Service occupancy or establishment is located.
5.1.1 The operating authority shall ensure that the provincial or territorial inspection agency has access to all
plans and specifications relating to a new installation or major repair of a boiler, pressure vessel or piping system.
5.1.2 Subject to this section, no boiler, pressure vessel or piping system shall be operated or used following
installation or major repair until the boiler, pressure vessel or piping system has been inspected and certified by
the provincial or territorial inspection agency (Section
5.10 of the COHS Regulations [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31718.html#section-5.10]).
5.1.3 Where the provincial or territorial inspection agency is not prepared to provide the inspection and
certification services referred to in this section, the operating authority shall ensure that the new installation, or
major repair, is inspected by an authorized inspection agency and that documentation acceptable to HRSD/Labour Program
is obtained certifying that the newly installed or repaired boiler, pressure vessel or piping system complies with the
requirements of this directive and with the Code to the extent essential for the health and safety of employees.
5.2.1 No person shall operate or use, or permit to be operated or used, a boiler, pressure vessel or piping system:
- unless it has been inspected by a qualified inspector in accordance with the requirements set out in 5.4
and a valid record of inspection has been issued in respect of that boiler, pressure vessel or piping system;
- unless every operator thereof is qualified in accordance with this section; and
- at a pressure higher than its maximum allowable pressure.
5.2.2 The operating authority shall ensure that:
- where two or more boilers or pressure vessels are connected to each other in a plant for use at a common
operating pressure, they are each fitted with one or more safety valves or other approved equivalent fittings to
relieve pressure at or below the maximum allowable pressure of the weakest boiler or pressure vessel in the plant as
shown on the certificate of inspection for that boiler or pressure vessel;
- no person alters, interferes with or renders inoperative any fitting attached to a boiler, pressure vessel or
plant, except for the purpose of adjusting or testing the fitting, and on instructions from the inspection agency
(Section 5.5 of the COHS Regulations [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31718.html#section-5.5]).
5.2.3 The standards for control and supervision of the operation of boilers, pressure vessels and piping systems
located in a province or territory are those standards established under the applicable provincial or territorial
statute or ordinance.
5.2.4 Subject to the provisions of this section, the qualifications and requirements of an operator of a boiler,
pressure vessel or piping system are those qualifications and requirements established under the applicable provincial
or territorial statute or ordinance.
5.2.5 Any person employed as an operator who holds a valid Certificate of Qualification issued by any province or
territory or a federal agency authorized to do so is considered qualified to operate a boiler, pressure vessel or
piping system in any other province or territory for which an equivalent certificate is required.
5.3.1 The Minister shall designate a provincial, territorial or other authorized inspection agency to carry out
safety inspections of boilers, pressure vessels and piping systems for specified geographical areas.
5.3.2 The designated inspection agency shall assign qualified inspectors to perform safety inspection of boilers,
pressure vessels and piping systems in its geographical area.
5.3.3 Qualified inspectors employed by the designated inspection agency shall be furnished with accreditation by
the Minister identifying them as safety inspectors authorized to carry out the inspections. On producing their
credentials, they shall, at any reasonable time, be permitted access to Public Service facilities in order to inspect
any boiler, pressure vessel or piping system.
5.3.4 Operating authorities shall provide to the Regional Director a list of all boilers, pressure vessels and
piping systems in their charge which are subject to the requirements of this directive and shall provide prompt
notification of any additions or deletions to this list.
5.3.5 The operating authority shall ensure that, during any inspection of a boiler, pressure vessel or piping
system, there is a person in attendance who is capable of taking all the necessary precautions to ensure the safety of
the person making the inspection.
5.3.6 The factor of safety for a high pressure lap-seam riveted boiler shall be increased by at least 0.1 each year
after 20 years of use and, if the boiler is relocated at any time, it shall not be operated at a pressure greater than
102 kPa.
5.4.1 Subject to this section, halon containers shall not be recharged without a test of container strength and a
complete visual inspection being carried out if more than five years have elapsed since the date of the last test and
inspection.
5.4.2 Subject to this section, halon containers that have been continuously in service without discharging may be
retained in service for a maximum of 20 years from the date of the last test and inspection at which time they will be
emptied, retested, subjected to a complete visual inspection and re-marked before being put back in service.
5.4.3 Where halon containers have been subjected to unusual corrosion, shock or vibration a visual inspection and a
test of container strength shall be carried out.
5.4.4 Halon containers shall be tested by non-destructive test methods such as hydrostatic testing and shall be
thoroughly dried before being filled.
(For additional information, see the following Environment Canada web site: [http://www.qc.ec.gc.ca/dpe/Anglais/dpe_main_en.asp?prev_fiche_rfh_2003].)
5.5.1 The operating authority shall keep every record referred to in this section for a period of at least ten
years after the inspection is made, at the work place in which the boiler pressure vessel or piping system is located.
5.5.2 The inspector shall also direct that the boiler, pressure vessel or piping system be sealed in the manner
prescribed, cancel the existing record of inspection and advise the Regional Director.
5.5.3 Where the use of a boiler, pressure vessel or piping system has been prohibited, and the inspection agency is
of the opinion that it cannot be repaired or the operating authority does not wish to have it repaired, the operating
authority shall specify a method of disposal that will effectively prevent its further use in the Public Service.
5.5.4 Upon discovery of any condition in a boiler, pressure vessel or piping system which may make its operation
unsafe, the operating authority shall immediately notify the authorized inspection agency
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