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”

“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 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”

“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.

• 211. (1) Materials handling equipment must, to the extent that is reasonably practicable, 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.

• 212. (1) If materials handling equipment is used in circumstances where the operator of the equipment may 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).