236. (1) If materials handling equipment designed for dumping is used to discharge a load at the edge of a sudden drop in level that may cause the equipment to tip, a bumping block must be used or a signaller must give directions to the operator of the equipment to prevent it from falling over the edge.
(2) Every employer who wishes to use signals to direct the movement of motorized materials handling equipment must establish a single code of signals to be used by signallers in all of the employer’s work places.
(3) A signal to stop given in an emergency by any person granted access to the work place by the employer must be obeyed by the operator.
(4) A signaller must not perform duties other than signalling while the motorized materials handling equipment under the signaller’s direction is in operation.
(5) If any movement of motorized materials handling equipment that is directed by a signaller poses a risk to the safety of any person, the signaller must not give the signal to move until that person is warned of, or protected from, the risk.
(6) If the operator of any motorized materials handling equipment does not understand a signal, the operator must consider that signal to be a stop signal.
(7) If the use of visual signals by a signaller will not be an effective means of communication, the employer must provide the signaller and the operator with a telephone, radio or other audible signalling device.
237. An employee must not operate and the employer must not permit an employee to operate motorized materials handling equipment on a gangway 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, whether it is loaded or unloaded, as the case may be, and
(b) the gradient that a qualified person ascertains is safe, having regard to the mechanical condition of the motorized materials handling equipment and its load and traction.
Enclosed Working Areas
238. (1) Every enclosed working area in which materials handling equipment powered by an internal combustion engine is used must be ventilated in a manner that the carbon monoxide concentration in the atmosphere of the working area is not more than the threshold limit values as set out by the most recent edition of the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs).
(2) The employer must keep a record of the date, time, location and results of carbon monoxide tests for every enclosed working area in which materials handling equipment powered by an internal combustion engine is used.
(3) The records must be available for inspection for a period of at least 30 days after the day on which the record was created.
239. (1) If materials handling equipment is fuelled on a vessel, the fuelling is to be done in accordance with the instructions given by the employer under paragraph 228(1)(c) in a place where the vapours from the fuel are readily dissipated.
(2) Subject to subsection (3), an employee must not fuel materials handling equipment
(a) in the hold of a vessel;
(b) if the engine of the equipment is running; or
(c) if there is any source of ignition in the vicinity of the equipment.
(3) Materials handling equipment may be fuelled in the hold or an enclosed space of a vessel if
(a) one employee is in the hold or space with a suitable fire extinguisher ready for use;
(b) only those employees engaged in the fuelling and the employee referred to in paragraph (a) are in the hold or space;
(c) only the minimum quantity of fuel needed to fill the fuel tank of the materials handling equipment is taken into the hold or space at one time;
(d) if the fuel is liquified gas, the materials handling equipment is fuelled only by the replacement of spent cylinders; and
(e) fuel is not transferred into containers other than the fuel tank of the materials handling equipment.
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