Overview

As mobile cranes age, they may reach a time where their useful life may be extended by making physical modifications to permanently reduce their lifting capacity. This is called de-rating. In this case, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) will accept a crane’s de-rating subject to the following requirements.

However, de-rating cranes to use a less qualified operator, which does not involve physical alteration of the equipment or involves changes that can be easily reversed, is not acceptable to the ministry.

Ministry enforcement

Meet all conditions

For de-rating of a mobile crane to be acceptable, all the following conditions must be fulfilled:

  • The new rated load-carrying capacity must be accompanied by documentation provided by the manufacturer or by a professional engineer confirming the de-rated capacity.
  • Physical alteration to the equipment must be carried out so that the de-rated crane does not have an excessive capacity (after applying appropriate safety factors), in any configuration to lift a load, over the de-rated capacity. This applies to both weight and reach.
  • The original load-rating chart must be removed and a new chart corresponding to the reduced rated capacity must be developed and installed on the equipment.
  • The physical alteration should not be reversible at the operator’s or employer’s convenience.

If the operator is capable of returning the crane to its original capacity, then the de-rating is not acceptable and will not be accepted by the ministry.

Inspectors issuing orders

Inspectors may issue an order under section 150 or other relevant sections of Ontario Regulation 213/91 (Construction Projects) to the workplace parties if there is a contravention concerning the qualifications of the crane operator or the unsafe operation of the crane.

Inspectors may use their powers under clause 54(1)(f) of the Occupational Health and Safety Act (OHSA) to have the employer confirm by way of a report by a professional engineer or crane manufacturer the actual load-carrying capacity of a crane for the purposes of enforcing ss. 151(2) of the Construction Regulation and accordingly considering the new de-rated crane capacity.

Where requirements are issued under clause 54(1)(f) of the OHSA, a Stop use requirement under clause 54(1)(i) should also be considered.

Training and certification

The Building Opportunities in the Skilled Trades Act (BOSTA) requires that individuals performing the skills of a compulsory trade have the training and certification required to legally practice this trade in Ontario.

The trade of Hoisting Engineer is a compulsory trade in Ontario and applies to operators of mobile cranes capable of raising, lowering, or moving materials that weigh more than 16,000 lbs. It also applies to operators of tower cranes, regardless of the tower crane capacity.

The Ministry of Labour, Immigration, Training and Skills Development enforces the OHSA and its regulations, which set legal requirements for employers to ensure the protection of workers.

Background information and legal requirements

Employers have a duty under the Occupational Health and Safety Act, clause 25(1) (c) to ensure that the measures and procedures prescribed are carried out in the workplace.

  • Clause 25(2) (a) requires the employer to provide information, instruction and supervision to a worker to protect the health or safety of the worker.
  • Clause 25(2) (h) requires the employer to take every precaution reasonable in the circumstances for the protection of a worker. This includes compliance with the adequate training and certification of crane operators as applicable.
  • Section 150 of O. Reg. 213/91 (Construction Projects) prohibits the operation of a mobile crane capable of raising, lowering or moving material that weighs more than 16,000 pounds, unless the operator holds a certificate of qualification issued under the BOSTA, that is not suspended, or the worker is an apprentice and is working pursuant to a training agreement registered under that Act, that is not suspended.
  • De-rating a mobile crane to a capacity less than 16,000 pounds would allow its operation by an operator who does not hold a certificate of qualification issued under the BOSTA that is not suspended. The operator also does not need to be an apprentice working pursuant to a training agreement registered under that Act either. All the operator would need would be a written proof of training indicating that they are trained in the safe operation of the crane 0–8 tons.

Some of the relevant regulatory requirements under OHSA include:

  • Section 150 of O. Reg. 213/91
  • Subsection 151(2) of O. Reg. 213/91

Disclaimer

This resource does not replace the Occupational Health and Safety Act (OHSA) and its regulations and should not be used as or considered legal advice. Health and safety inspectors apply these laws based on the facts they find in the workplace.