Canada Occupational Health and Safety Regulations (SOR/86-304)

Regulations are current to 2017-11-20 and last amended on 2017-06-20. Previous Versions

  •  (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

 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

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

Transporting and Positioning Employees

  •  (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

 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.

 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.
  •  (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

  •  (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

 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

 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

  •  (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

  •  (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) the Minister;

    • (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;
  • SOR/2014-148, s. 7.

Hazard Areas

  •  (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

 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;
  • SOR/2009-84, s. 1(F).
 
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