Maritime Occupational Health and Safety Regulations (SOR/2010-120)

Control Systems

220 All materials handling equipment must be fitted with braking, steering and other control systems that

• (a) are capable of safely controlling and stopping the movement of the materials handling equipment and any hoist, bucket or other part of the materials handling equipment; and

• (b) respond reliably and quickly to moderate effort by the operator.

Warnings

• 221 (1) Motorized materials handling equipment that is used in an area occupied by employees must be fitted with

  • (a) a horn or other similar audible warning device for travelling forward at speeds in excess of 8 km/h; and

  • (b) subject to subsection (2), a horn or other similar audible warning device that automatically operates while it travels in reverse.

• (2) If an audible warning device referred to in paragraph (1)(b) 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 must be used so that adequate warning is provided.

Seat Belts

222 If materials handling equipment is used under conditions where a seat belt or shoulder strap type restraining device is likely to contribute to the safety of the operator or passengers, the materials handling equipment is to be fitted with belts or devices.

Rear View Mirror

223 If materials handling equipment cannot be operated safely in reverse unless it is equipped with an outside rear view mirror, the materials handling equipment must be so equipped.

Electric Materials Handling Equipment

224 Any materials handling equipment that is electrically powered must be designed and constructed so that the operator and all other employees are protected from electrical shock or injury by means of protective guards, screens or panels secured by bolts, screws or other equally reliable fasteners.

Automatic Materials Handling Equipment

225 If materials handling equipment that is controlled or operated by a remote or automatic system may make physical contact with an employee, it must be prevented from doing so by the provision of an emergency stop system or barricades.

Conveyors

• 226 (1) The design, construction, installation, operation and maintenance of each conveyor, cableway or other similar materials handling equipment must meet the standards set out in ANSI Standard ANSI/ASME B20.1-2009, Safety Standards for Conveyors and Related Equipment.

• (2) Before a conveyer is put in operation, the employer must ensure that guards or other devices are installed in areas where there is a risk to the health and safety of a person.

DIVISION 3Maintenance, 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 ensure that every operator of motorized materials handling equipment has been instructed and trained in the procedures to be followed for

  • (a) the inspection of the equipment;

  • (b) the safe and proper use of the equipment in accordance with the instructions provided by the manufacturer and taking into account the conditions of the work place in which the operator will operate the equipment; and

  • (c) the fuelling of the equipment, if applicable.

• (2) Subsection (1) does not apply to an employer with respect to an operator who, under the direct supervision of a qualified person, is being instructed and trained in the use of motorized materials handling equipment or in the procedures 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.

Operation

• 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 secured to prevent inadvertent movement or unauthorized use.

• (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 feasible for a signaller to use visual signals, a telephone, radio or other audible signalling device must be provided by the employer for the signaller’s use.

Repairs

• 230 (1) Subject to subsection (2), any repair, modification or replacement of a part of any materials handling equipment must not decrease the safety of the equipment or part.

• (2) If a part of lesser strength or quality than the original part is used in the repair, modification or replacement of a part of any materials handling equipment, the use of the equipment must be restricted by the employer to such loading and use as will ensure the retention of the original safety factor of the equipment or part.

Loading, Unloading and Maintenance While in Motion

• 231 (1) A load must not be picked up from or placed on any materials handling equipment while the equipment is in motion unless the equipment is specifically designed for that purpose.

• (2) Except in the case of an emergency, an employee must not get on or off of any materials handling equipment while it is in motion.

• (3) Subject to subsection (4), repair, maintenance or cleaning work must not be performed on any materials handling equipment while the materials handling equipment is being operated.

• (4) Fixed parts of materials handling equipment may be repaired, maintained or cleaned while the equipment is being operated if they are isolated or protected so that the operation of the equipment does not affect the safety of the employee performing the repair, maintenance or cleaning work.

Positioning the Load

• 232 (1) If materials handling equipment is travelling with a raised or suspended load on a vessel, the operator must ensure that the load is carried as close as possible to the deck and that the load must not be carried at a point above the centre of gravity of the loaded materials handling equipment.

• (2) If tools, tool boxes or spare parts are carried on materials handling equipment, they must be securely stored.

Housekeeping

233 The floor, cab and other occupied parts of materials handling equipment must be kept free of any grease, oil, materials, tools or equipment that may create a hazard to an employee.

Parking

234 Materials handling equipment must not be parked in a passageway, doorway or other place where it may interfere with the safe movement of persons, materials, goods or things.

Materials Handling Area

• 235 (1) In this section, materials handling area means an area, including the area covered by wide swinging booms or other similar parts, within which materials handling equipment may create a hazard to any person.

• (2) The main approaches to any materials handling area must be posted with warning signs or must be under the control of a signaller while operations are in progress.

• (3) A person must not enter a materials handling area while operations are in progress unless that person

  • (a) is the Head of Compliance and Enforcement;

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

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

• (4) If any person other than a person referred to in subsection (3) enters a materials handling area while operations are in progress, the employer must ensure that the operations in that area are immediately discontinued and not resumed until that person has left the area.

Dumping

• 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 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) [Repealed, SOR/2019-246, s. 328]

Gradients

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.

Fuelling

• 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 or an enclosed space 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.