Maintenance, Operation and Use
Inspection, Testing and Maintenance
227. (1) Before materials handling equipment is operated for the first time in a work place, the employer must set out in writing instructions for the inspection, testing and maintenance of that materials handling equipment.
(2) The instructions must specify the nature and frequency of inspections, tests and maintenance.
(3) The inspection, testing and maintenance of all materials handling equipment must be performed by a qualified person.
(4) The qualified person must
(a) comply with the instructions referred to in subsection (1); and
(b) make and sign a report of each inspection, test or maintenance work performed by them.
(5) The report referred to in paragraph (4)(b) must
(a) include the date of the inspection, test 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 inspecting, testing or maintaining the materials handling equipment.
(6) The employer must keep, on the vessel on which the 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 (4)(b) for a period of two years after the day on which the report is signed.
Operator Training and Instruction
228. (1) The employer must train and instruct every operator of materials handling equipment in the procedures to be followed for
(a) the inspection of the equipment;
(b) the safe and proper use of the equipment; and
(c) the fuelling of the equipment, if applicable.
(2) Subsection (1) does not apply to an operator who, under the direct supervision of a qualified person, is being trained and instructed to use motorized materials handling equipment or in matters referred to in that subsection.
(3) An employer must 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) the inspection of the equipment; and
(b) the safe and proper use of the equipment, in accordance with any manufacturer’s instructions and taking into account the condition of the work place in which the operator will operate that equipment and the operator’s physical capabilities.
(4) Every employer must keep a written or electronic record of any training or instruction referred to in subsection (1) given to an operator of materials handling equipment for as long as the operator remains in their employ.
229. (1) An employer must not require an employee to operate materials handling equipment unless the employee is an operator who is capable of operating the equipment safely.
(2) A person must not operate materials handling equipment unless
(a) they have a clear and unobstructed view of the area in which the equipment is being operated; or
(b) they are directed by a signaller.
(3) Materials handling equipment must not be operated on a gangway with a slope greater than the maximum slope recommended by the manufacturer of the equipment.
(4) A person must not leave materials handling equipment unattended unless the equipment has been properly secured to prevent it from moving.
(5) Every employer must establish a code of signals for the purposes of paragraph (2)(b) and must
(a) instruct every signaller and operator of materials handling equipment employed by them in the use of the code; and
(b) keep a copy of the code in a place where it is readily available for examination by the signallers and operators.
(6) A signaller must not perform duties other than signalling while any materials handling equipment under their direction is in motion.
(7) If it is not practicable for a signaller to use visual signals, a telephone, radio or other signalling device must be provided by the employer for the signaller’s use.
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