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Enabling statute: Canada Labour Code
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Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/L-2/SOR-86-304/252000.html
Regulation current to September 15, 2006

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PART XIV

MATERIALS HANDLING

Interpretation

14.1 In this Part,

“materials handling equipment” means equipment, including its supporting structures, auxiliary equipment and rigging devices, used to transport, lift, move or position persons, materials, goods or things and includes mobile equipment used to lift, hoist or position persons, but does not include an elevating device that is permanently installed in a building; (appareil de manutention)

“motorized hand-rider truck” means motorized materials handling equipment that is designed to be controlled by a walking or onboard operator; (chariot à conducteur porté ou accompagnant)

“operator” means a person who controls the operation of motorized or manual materials handling equipment and who has received or is receiving instruction and training in respect of the procedures referred to in subsection 14.23(1) or (3), as the case may be; (opérateur)

“safe working load” means the maximum load that the motorized or manual materials handling equipment is designed and constructed to handle or support safely under particular operating conditions; (charge de travail admissible)

“signaller” means a person instructed by an employer to direct, by means of visual or auditory signals, the safe movement and operation of motorized materials handling equipment. (signaleur)

SOR/96-400, s. 1.

Application

14.2 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 I

DESIGN AND CONSTRUCTION

General

14.3 (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

14.4 (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.

14.5 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

14.6 (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

14.7 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

14.8 (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

14.9 (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

14.10 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

14.11 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

14.12 (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

14.13 (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

14.14 (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

14.15 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

14.16 (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

14.17 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

14.18 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

14.19 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 II

MAINTENANCE, USE AND OPERATION

Inspection, Testing and Maintenance

14.20 (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.

SOR/96-400, s. 1.

Mobile Cranes

14.21 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.

SOR/88-632, s. 60(F); SOR/96-400, s. 1.

Split Rim Wheels

14.22 (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.

Instruction and Training

14.23 (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.

Qualifications

14.24 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

14.25 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.

14.26 (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.

14.27 (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) Where an employee finds a defect in radio transmitting signalling equipment that may render it unsafe for use, the employee shall report the defect to the employer as soon as possible.

SOR/94-263, s. 54(F); SOR/96-400, s. 1.

Gradients

14.28 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

14.29 (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/2002-208, s. 39.

Transporting and Positioning Employees

14.30 (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

14.31 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.

14.32 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.

14.33 (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.

Positioning the Load

14.34 (1) Where motorized or manual materials handling equipment is travelling with a raised or suspended load, its operator shall ensure that the load is carried as close to the ground or floor as the situation permits and shall not in any case transport the load at or beyond the point at which the loaded equipment becomes unstable.

(2) Any load, other than bulk materials, that would likely slide on or fall from motorized or manual materials handling equipment resulting in a hazardous condition shall be secured to prevent such movement.

SOR/96-400, s. 1.

Tools

14.35 Tools, tool boxes or spare parts that are carried on motorized or manual materials handling equipment shall be securely stored.

SOR/96-400, s. 1.

Housekeeping

14.36 The floor, cab and other occupied parts of motorized materials handling equipment shall be kept free of any grease, oil, materials, tools, equipment or other hazards that may cause an employee to slip or trip or may create a fire hazard or otherwise interfere with the safe operation of the equipment.

SOR/88-632, s. 65(F); SOR/96-400, s. 1.

Parking

14.37 (1) No motorized or manual materials handling equipment shall be parked in a corridor, aisle, doorway or other place where it may interfere with the safe movement of persons, materials, goods or things.

(2) Where motorized or manual materials handling equipment is required to enter or exit a vehicle other than a railway car to load or unload materials, goods or things to or from the vehicle, the vehicle shall be immobilized and secured against accidental movement, by means additional to the vehicle’s braking system.

(3) Where motorized or manual materials handling equipment is required to enter or exit a railway car to load or unload materials, goods or things to or from the railway car, the railway car shall be immobilized.

(4) Any motorized materials handling equipment that is left unattended shall be immobilized against accidental movement, by applying a parking brake or other braking device.

SOR/88-632, s. 66(F); SOR/96-400, s. 1.

Materials Handling Area

14.38 (1) In this section, “materials handling area” means an area within which materials handling equipment may create a hazard to any person.

(2) An employer shall cause warning signs to be posted, or a signaller to be in control, at the approaches to any materials handling area while materials handling operations are in progress.

(3) Only the following persons may enter a materials handling area while materials handling operations are in progress:

(a) a health and safety officer;

(b) an employee whose presence in the materials handling area is essential to the conduct, supervision or safety of the materials handling operations; or

(c) a person who has been authorized by the employer to be in the materials handling area while materials handling operations are in progress.

(4) If any person other than a person referred to in subsection (3) enters a materials handling area, the employer shall cause the materials handling operations in the immediate vicinity of the unauthorized person to be immediately discontinued and to remain discontinued until the person has left that materials handling area.

SOR/88-68, s. 14; SOR/88-632, s. 67(F); SOR/94-263, s. 65(F); SOR/96-400, s. 1; SOR/2002-208, s. 38.

Hazard Areas

14.39 (1) Subject to subsection (2), no motorized or manual materials handling equipment shall be used in an area in which it may contact an electrical cable, a pipeline containing a hazardous substance or any other hazard known to the employer, unless the employer has informed the operator of the presence and location of the hazard and of the safety clearance that the operator must maintain with respect to the hazard.

(2) Where an employer is unable to determine with reasonable certainty the location of an electrical cable or a pipeline containing a hazardous substance, the electrical cable shall be de-energized or the pipeline shut down and drained before any activity involving the use of motorized materials handling equipment commences within the area of possible contact with the electrical cable or the pipeline.

SOR/96-400, s. 1; SOR/2002-208, s. 43(F).

Rear Dumping

14.40 Where rear-dumping motorized materials handling equipment is used to discharge a load at the edge of a sudden drop in grade level that may cause the equipment to tip and in order to prevent the motorized materials handling equipment from being backed over the edge,

(a) a bumping block shall be used; or

(b) a signaller shall give directions to the operator of the equipment.

SOR/96-400, s. 1.

Fuelling

14.41 Where motorized materials handling equipment is fuelled in a work place, a qualified person shall do the fuelling in accordance with procedures referred to in subsection 14.23(1) in a place that is well ventilated so that the vapours from the fuel will be dissipated quickly.

SOR/96-400, s. 1.

Ropes, Slings and Chains

14.42 (1) The employer shall, with respect to the use and maintenance of any rope, sling or chain or any attachment or fitting thereon used by an employee, adopt and implement the recommendations set out in Chapter 10 of the Accident Prevention Manual for Business and Industry, 10th edition, published by the National Safety Council of the United States, dated 1992.

(2) Subsection (1) does not apply to ropes, slings or chains or to any attachments or fittings thereon that comply with the requirements of the Tackle Regulations.

SOR/96-400, s. 1.

Safe Working Loads

14.43 (1) Motorized or manual materials handling equipment shall be legibly marked with sufficient information so as to enable the operator to determine its safe working load.

(2) No motorized or manual materials handling equipment shall be used with a load that exceeds its safe working load.

SOR/96-400, s. 1.

Aisles and Corridors

14.44 (1) An employer shall provide a clearly marked pathway for the exclusive use of pedestrians and persons using wheelchairs and other similar devices that is not less than 750 mm wide along one side of an aisle, corridor or other course of travel that is found in a work place and that

(a) is a principal traffic route for mobile equipment, pedestrians and persons using wheelchairs and other similar devices; and

(b) exceeds 15 m in length.

(2) Subsection (1) does not apply where a signaller or traffic lights are provided for the purpose of controlling traffic and protecting persons.

(3) Where an aisle, corridor or other course of travel that is a principal traffic route in a work place intersects with another route, an employer shall cause warning signs marked with the words “DANGEROUS INTERSECTION — CROISEMENT DANGEREUX”, in letters not less than 50 mm in height on a contrasting background, to be posted along the approaches to the intersection.

(4) At blind corners, mirrors shall be installed that permit a mobile equipment operator to see a pedestrian, a person using a wheelchair or other similar device, a vehicle or mobile equipment approaching the blind corner.

SOR/96-400, s. 1; SOR/96-525, s. 15.

Clearances

14.45 (1) In any passageway that is regularly travelled by motorized or manual materials handling equipment, the employer shall ensure that

(a) an overhead clearance is at least 150 mm above

(i) that part of the materials handling equipment or its load that is the highest when the materials handling equipment is in its highest normal operating position at the point of clearance, and

(ii) the top of the head of the operator or any other employee required to ride on the materials handling equipment when occupying the highest normal position for the operator or employee at the point of clearance; and

(b) a side clearance is sufficiently wide to permit the motorized or manual materials handling equipment and its load to be manoeuvred safely by an operator, but in no case less than 150 mm on each side measured from the furthest projecting part of the equipment or its load, when the equipment is being operated in a normal manner.

(2) Where an overhead clearance measured in accordance with subparagraph (l)(a)(i) or (ii) is less than 300 mm, the employer shall cause

(a) the top of the doorway or object that restricts the clearance to be marked with a distinguishing colour or mark; and

(b) the height of the passageway in metres to be shown near the top of the passageway in letters that are not less than 50 mm in height and are on a contrasting background.

(3) Subparagraph (l)(a)(i) and subsection (2) do not apply in respect of

(a) motorized materials handling equipment whose course of travel is controlled by fixed rails or guides;

(b) that portion of the route of any motorized or manual materials handling equipment that is inside a railway car, truck or trailer truck, including the warehouse doorway leading directly to it; or

(c) a load the nature of which precludes compliance with that subparagraph or subsection if precautions are taken to prevent contact with objects that may restrict the movement of the equipment.

SOR/88-632, s. 68(F); SOR/96-400, s. 1.

DIVISION III

MANUAL HANDLING OF MATERIALS

14.46 (1) Where, because of the weight, size, shape, toxicity or other characteristic of materials, goods or things, the manual handling of materials, goods or things may be hazardous to the health or safety of an employee, the employer shall issue instructions that the materials, goods or things shall, where reasonably practicable, not be handled manually.

(2) For the purposes of subsection (1), the employer shall take into account the frequency and duration of manual lifting and the distances and terrain over which an object is to be manually lifted or carried in deciding whether the manual handling of the materials, goods or things may be hazardous to the health or safety of an employee.

SOR/96-400, s. 1; SOR/2002-208, ss. 29(E), 39.

14.47 No employer shall require an employee who is an office worker and whose primary tasks do not include manual lifting or carrying to manually lift or carry materials, goods or things in excess of 23 kg.

SOR/96-400, s. 1.

14.48 Where an employee is required manually to lift or carry loads weighing in excess of 10 kg, the employer shall instruct and train the employee

(a) in a safe method of lifting and carrying the loads that will minimize the stress on the body; and

(b) in a work procedure appropriate to the employee’s physical condition and the conditions of the work place.

SOR/96-400, s. 1.

14.49 Where an employee is required manually to lift or carry loads weighing in excess of 45 kg, the employer shall give instructions to the employee in accordance with section 14.48 that are

(a) set out in writing;

(b) readily available to the employee; and

(c) kept by the employer for a period of two years after they cease to apply.

SOR/88-632, s. 69(F); SOR/96-400, s. 1.

DIVISION IV

STORAGE OF MATERIALS

14.50 (1) All materials, goods and things shall be stored in the work place in such a manner that the maximum safe load carrying capacity of the floor or other supporting structures is not exceeded.

(2) All materials, goods or things shall be stored and placed in such a manner that employees are not required manually to lift materials, goods or things in a manner that would lead to overextension of or excessive strain on the body.

(3) All materials, goods or things shall be stored in a manner so that

(a) light in the storage area is not reduced below the levels required by Part VI;

(b) there is no obstruction or encroachment of passageways, traffic lanes or exits;

(c) the safe operation of motorized or manual materials handling equipment is not impeded;

(d) the ready access to or the operation of fire fighting equipment is not obstructed;

(e) the operation of fixed fire protection equipment is not interfered with; and

(f) there is no risk to the health or safety of any employee.

SOR/96-400, s. 1; SOR/2002-208, s. 39.

DIVISION V

TRANSITIONAL PROVISIONS

14.51 (1) Subject to subsection (3), motorized materials handling equipment that is in use at the time this amendment comes into force, and that meets the requirements of this Part as it read immediately before the coming into force of this amendment, is exempt from having to comply with the amendment as long as the motorized materials handling equipment continues to meet those requirements.

(2) Subject to subsection (3), motorized or manual materials handling equipment that is in use at the time an amendment to a standard or code incorporated by subsection 14.6(1) or 14.8(2) or section 14.18 or 14.19 comes into force and that complies with the standard or code as it read immediately before the coming into force of the amendment, is exempt from having to comply with the amendment as long as the motorized or manual materials handling equipment continues to meet that standard or code.

(3) An employer shall ensure that, wherever reasonably practicable, equipment referred to in

(a) subsection (1) meets the requirements of subsection 14.3(3) or 14.6(2), section 14.10, 14.11 or 14.13 or paragraph 14.16(1)(b); and

(b) subsection (2) complies with an amendment referred to in that subsection.

(4) If it is not reasonably practicable for materials handling equipment in use at the time an amendment referred to in subsection (1) or (2) comes into force to comply with the amendment, the employer whose employees use the equipment shall notify the work place committee or the health and safety representative of the non-compliance.

SOR/96-400, s. 1; SOR/2002-208, s. 30.

PART XV

HAZARDOUS OCCURRENCE INVESTIGATION, RECORDING AND REPORTING

Interpretation

15.1 In this Part,

“disabling injury” means an employment injury or an occupational disease that

(a) prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury or disease occurred, whether or not that subsequent day is a working day for that employee,

(b) results in the loss by an employee of a body member or part thereof or in the complete loss of the usefulness of a body member or part thereof, or

(c) results in the permanent impairment of a body function of an employee; (blessure invalidante)

“district office” means, in respect of a work place, the district office of the Department of Labour that is

(a) closest to the work place, and

(b) in the administrative region of that Department in which the work place is situated; (bureau de district)

“minor injury” means an employment injury or an occupational disease for which medical treatment is provided and excludes a disabling injury. (blessure légère)

SOR/89-479, s. 1.

Application

15.2 (1) Subject to subsection (2), this Part does not apply in respect of employees employed in a coal mine or in an underground portion of any other type of mine.

(2) Section 15.10 applies in respect of employees employed in a coal mine.

SOR/89-479, s. 1; SOR/90-180, s. 3.

Reports by Employee

15.3 Where an employee becomes aware of an accident or other occurrence arising in the course of or in connection with the employee’s work that has caused or is likely to cause injury to that employee or to any other person, the employee shall, without delay, report the accident or other occurrence to his employer, orally or in writing.

SOR/89-479, s. 1.

Investigations

15.4 (1) Where an employer becomes aware of an accident, occupational disease or other hazardous occurrence affecting any of his employees in the course of employment, the employer shall, without delay,

(a) appoint a qualified person to carry out an investigation of the hazardous occurrence;

(b) notify the work place committee or the health and safety representative of the hazardous occurrence and of the name of the person appointed to investigate it; and

(c) take necessary measures to prevent a recurrence of the hazardous occurrence.

(2) Where the hazardous occurrence referred to in subsection (1) is an accident involving a motor vehicle on a public road that is investigated by a police authority, the investigation referred to in paragraph (1)(a) shall be carried out by obtaining from the appropriate police authority a copy of its report respecting the accident.

(3) As soon as possible after receipt of the report referred to in subsection (2), the employer shall provide a copy thereof to the work place committee or the health and safety representative.

SOR/89-479, s. 1; SOR/94-263, s. 56; SOR/2002-208, s. 31.

Telephone or Telex Reports

15.5 The employer shall report to a health and safety officer, by telephone or telex, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 15.4 that had one of the following results, as soon as possible but not later than 24 hours after becoming aware of that result, namely,

(a) the death of an employee;

(b) a disabling injury to two or more employees;

(c) the loss by an employee of a body member or a part thereof or the complete loss of the usefulness of a body member or a part thereof;

(d) the permanent impairment of a body function of an employee;

(e) an explosion;

(f) damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel; or

(g) any damage to an elevating device that renders it unserviceable, or a free fall of an elevating device.

SOR/89-479, s. 1; SOR/94-263, s. 57; SOR/2002-208, s. 38.

Records

15.6 (1) The employer shall, within 72 hours after a hazardous occurrence referred to in paragraph 15.5(f) or (g), record in writing

(a) a description of the hazardous occurrence and the date, time and location of the occurrence;

(b) the causes of the occurrence; and

(c) the corrective measures taken or the reason for not taking corrective measures.

(2) The employer shall, without delay, submit a copy of the record referred to in subsection (1) to the work place committee or the health and safety representative.

SOR/89-479, s. 1; SOR/94-263, s. 58; SOR/2002-208, s. 32.

Minor Injury Records

15.7 (1) Every employer shall keep a record of each minor injury of which the employer is aware that affects any employee in the course of employment.

(2) A record kept pursuant to subsection (1) shall contain

(a) the date, time and location of the occurrence that resulted in the minor injury;

(b) the name of the employee affected;

(c) a brief description of the minor injury; and

(d) the causes of the minor injury.

SOR/89-479, s. 1.

Written Reports

15.8 (1) The employer shall make a report in writing, without delay, in the form set out in Schedule I to this Part setting out the information required by that form, including the results of the investigation referred to in paragraph 15.4(1)(a), where that investigation discloses that the hazardous occurrence resulted in any one of the following circumstances:

(a) a disabling injury to an employee;

(b) an electric shock, toxic atmosphere or oxygen deficient atmosphere that caused an employee to lose consciousness;

(c) the implementation of rescue, revival or other similar emergency procedures; or

(d) a fire or an explosion.

(2) The employer shall submit a copy of the report referred to in subsection (1)

(a) without delay, to the work place committee or the health and safety representative; and

(b) within 14 days after the hazardous occurrence, to a health and safety officer at the regional office or district office.

SOR/89-479, s. 1; SOR/94-263, s. 59; SOR/2002-208, s. 33.

15.9 Where an accident referred to in subsection 15.4(2) results in a circumstance referred to in subsection 15.8(1), the employer shall, within 14 days after the receipt of the police report of the accident, submit a copy of that report to a health and safety officer at the regional office or district office.

SOR/89-479, s. 1; SOR/2002-208, s. 38.

Annual Report

15.10 (1) Every employer shall, not later than March 1 in each year, submit to the Minister a written report setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware affecting any employee in the course of employment during the 12 month period ending on December 31 of the preceding year.

(2) The report shall be in the form set out in Schedule II to this Part, contain the information required by that form and be accompanied by a copy of any report made in accordance with subsection 19.8(1).

SOR/89-479, s. 1; SOR/2005-401, s. 1.

Retention of Reports and Records

15.11 Every employer shall keep a copy of

(a) each report submitted pursuant to section 15.9 or subsection 15.10(1) for a period of 10 years following the submission of the report to the health and safety officer or the Minister; and

(b) the record or report referred to in subsection 15.6(1), 15.7(1) or 15.8(1) for a period of 10 years following the hazardous occurrence.

SOR/89-479, s. 1; SOR/2002-208, s. 38.

SCHEDULE I

(s. 15.8)

HAZARDOUS OCCURRENCE INVESTIGATION REPORT FORM

GRAPHIC IS NOT DISPLAYED, SEE SOR/89-479, S. 1; SOR/2002-208, SS. 34, 38

 SOR/89-479, s. 1; SOR/2002-208, ss. 34, 38.

SCHEDULE II

(s. 15.10)

EMPLOYER’S ANNUAL HAZARDOUS OCCURRENCE REPORT FORM

GRAPHIC IS NOT DISPLAYED, SEE SOR/89-479, S. 1

SOR/89-479, s. 1.


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