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The owner, lessee or employer may be able to claim an exemption from having to conduct a PSR. See subsection 7(3) and the Table for allowed exemptions. Exemptions must be supported by adequate documentation.
Several exemptions require that the apparatus, protective element or structure meet “current applicable standards”. It does not matter whether the apparatus, protective element or structure, was purchased from or manufactured in Canada or another jurisdiction – the underlying question is whether it meets the current applicable standards.
This guideline lists standards that may be used to support an exemption. Many of the standards are international standards.
Documents establishing exemptions
There is no set format for exemption documentation. It could be one document or a group of relevant documents. The important thing is that the documentation shows that the exemption set out in the Table applies. For example, if an exemption applies because the protective element was manufactured in accordance with a current applicable standard, the documentation must indicate the standard or standards that have been met.
Additional information on exemption documentation can be found in the sections on:
- Item 1 - Flammable liquid storage and dispensing
- Item 2 – Safeguarding of machinery
- Item 3 – Racks and stacking structures
- Item 4 – Processes with a risk of ignition or explosion
- Item 7 – Lifting devices
- Item 8 – Hazardous biological or chemical agents
Requesting documentation to support an exemption
It is the owner, lessee or employer who must comply with the PSR requirements. However, they may ask the manufacturer, retailer or distributor to provide documentation to support an exemption. For example, a distributor could provide exemption documents with every piece of equipment sold in Ontario, such as a letter stating that the equipment was designed and manufactured in accordance with a current applicable standard.
A supplier of equipment under a rental leasing or similar arrangement must ensure the equipment complies with the OHSA and its regulations. This may mean having documentation to verify that the equipment meets current applicable standards, which could be used by the owner, lessee or employer to claim an exemption.