O. Reg. 67/93: HEALTH CARE AND RESIDENTIAL FACILITIES, Occupational Health and Safety Act, R.S.O. 1990, c. O.1
Occupational Health and Safety Act
ONTARIO REGULATION 67/93
HEALTH CARE AND RESIDENTIAL FACILITIES
Historical version for the period March 29, 2010 to June 30, 2010.
Last amendment: O. Reg. 94/10.
This is the English version of a bilingual regulation.
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Notice |
Interpretation and Application
1. In this Regulation,
“adequate”, when used in relation to a procedure, plan, material, device, object or thing, means that it is,
(a) sufficient for both its intended and its actual use, and
(b) sufficient to protect a worker from occupational illness or occupational injury; (“adéquat”)
“adequately” has a meaning that corresponds to the meaning of “adequate”; (“adéquatement”)
“patient or resident” means a person, including an out-patient, who is received, lodged in, admitted or registered at a facility for the purposes of being observed, examined, diagnosed or rehabilitated or for the purposes of receiving care or treatment; (“malade ou pensionnaire”)
“work surface” means a floor, platform or other surface used by a worker to stand or walk on in performing work and includes a surface on the premises of a facility used by a worker in performing work or in travelling to or from a work area. (“surface de travail”) O. Reg. 67/93, s. 1; O. Reg. 631/05, s. 1.
2. (1) This Regulation applies to the following types of facilities:
1. A hospital as defined in the Public Hospitals Act or in the Community Psychiatric Hospitals Act.
2. A laboratory or specimen collection centre as defined in the Laboratory and Specimen Collection Centre Licensing Act.
3. A private hospital as defined in the Private Hospitals Act.
4. A psychiatric facility as defined in the Mental Health Act.
5. A nursing home as defined in the Nursing Homes Act.
Note: On the day section 1 of the Long-Term Care Homes Act, 2007 comes into force, paragraph 5 is revoked and the following substituted:
5. A long-term care home as defined in the Long-Term Care Homes Act, 2007.
See: O. Reg. 94/10, ss. 1, 2.
6. A home as defined in the Homes for the Aged and Rest Homes Act.
Note: On the day section 1 of the Long-Term Care Homes Act, 2007 comes into force, paragraph 6 is revoked. See: O. Reg. 94/10, ss. 1, 2.
7. An approved charitable institution as defined in the Charitable Institutions Act that is approved, under that Act, as one of the following classes:
i. halfway houses where rehabilitative residential group care may be provided for adult persons,
ii. homes for the aged in which elderly persons may be cared for,
iii. homes where residential group care may be provided for handicapped or convalescent adult persons.
Note: On the day section 1 of the Long-Term Care Homes Act, 2007 comes into force, paragraph 7 is revoked. See: O. Reg. 94/10, ss. 1, 2.
8. A facility designated by the regulations under the Developmental Services Act as a facility to which that Act applies.
9. A facility where any of the following are provided: child development services or child treatment services, as defined in the Child and Family Services Act, or child and family intervention services, as defined in Regulation 70 of the Revised Regulations of Ontario, 1990.
10. Revoked: O. Reg. 25/09, s. 1 (1).
11. Laundry facilities located in any of the facilities listed above.
12. A plant, as defined in Ontario Regulation 219/01 (Operating Engineers) made under the Technical Standards and Safety Act, 2000, that is operated primarily for one or more than one of the facilities listed above. O. Reg. 67/93, s. 2 (1); O. Reg. 25/09, s. 1.
(2) At a laundry facility to which this Regulation applies, if the regulations under the Occupational Health and Safety Act relating to industrial establishments conflict with this Regulation, this Regulation prevails unless the provision in that other regulation states that it is to prevail over this Regulation. O. Reg. 67/93, s. 2 (2).
3. In applying this Regulation, a measure or a procedure or the composition, design, size or arrangement of any physical object, device or thing may vary from that prescribed if,
(a) the variation affords protection for the health or safety of a worker equal to or greater than that prescribed by this Regulation; and
(b) notice of the variation is given to the joint health and safety committee, if any, and to the trade union, if any. O. Reg. 67/93, s. 3.
4. The employer shall keep on file all records or reports that are required to be kept under this Regulation for a period of at least one year or such longer period as is necessary to ensure that the two most recent reports or records are on file. O. Reg. 67/93, s. 4.
5. (1) If a worker is killed or critically injured at a facility, the written report required by subsection 51 (1) of the Act shall include,
(a) the name and address of the employer;
(b) the nature and circumstances of the occurrence and of the bodily injury sustained;
(c) a description of the machinery or thing involved, if any;
(d) the time and place of the occurrence;
(e) the name and address of the person who was critically injured or killed;
(f) the names and addresses of all witnesses to the occurrence;
(g) the name and address of the physician or surgeon, if any, who is attending to or attended to the injured or deceased person; and
(h) the steps taken to prevent a recurrence. O. Reg. 67/93, s. 5 (1).
(2) If an accident, explosion or fire causes injury to a worker at a facility that disables the worker from performing his or her usual work, the written notice required by subsection 52 (1) of the Act shall include,
(a) the name and address of the employer;
(b) the nature and circumstances of the occurrence and of the bodily injury sustained by the worker;
(c) a description of the machinery or thing involved, if any;
(d) the time and place of the occurrence;
(e) the name and address of the worker who was injured;
(f) the names and addresses of all witnesses to the occurrence;
(g) the name and address of the physician or surgeon, if any, who is attending to or attended to the worker for the injury; and
(h) the steps taken to prevent a recurrence. O. Reg. 67/93, s. 5 (2).
(3) If an accident, explosion or fire at a facility causes injury requiring medical attention but does not disable a worker from performing his or her usual work, the employer shall keep a record of that occurrence and the record shall include,
(a) the nature and circumstances of the occurrence and of the injury sustained;
(b) the time and place of the occurrence;
(c) the name and address of the injured worker; and
(d) the steps taken to prevent a recurrence. O. Reg. 67/93, s. 5 (3).
(4) The record kept by the employer under subsection (3) for inspection by an inspector shall be notice to a Director. O. Reg. 67/93, s. 5 (4).
(5) The written notice required under subsection 52 (2) of the Act if an employer is advised that a worker has an occupational illness or that a claim in respect of an occupational illness has been filed with the Workplace Safety and Insurance Board shall include,
(a) the name and address of the employer;
(b) the nature of the occupational illness and the circumstances which gave rise to such illness;
(c) a description of the cause or the suspected cause of the occupational illness;
(d) the period when the worker was affected;
(e) the name and address of the worker who is suffering from the occupational illness;
(f) the name and address of the physician, if any, who is attending to or attended to the worker for the illness; and
(g) the steps taken to prevent further illness. O. Reg. 67/93, s. 5 (5); O. Reg. 25/09, s. 2.
6. If an occurrence involves the collapse or failure of a temporary or permanent structure that was designed by a professional engineer or architect, the employer shall, within fourteen days after the occurrence, supplement the notice or report required by section 51 or 52 of the Act with the written opinion of a professional engineer as to the cause of the collapse or failure. O. Reg. 67/93, s. 6.
7. A notice under subsection 57 (9) of the Act shall be in Form 1. O. Reg. 67/93, s. 7.
General Duty to Establish Measures and Procedures
8. Every employer in consultation with the joint health and safety committee or health and safety representative, if any, and upon consideration of the recommendation thereof, shall develop, establish and put into effect measures and procedures for the health and safety of workers. O. Reg. 67/93, s. 8.
9. (1) The employer shall reduce the measures and procedures for the health and safety of workers established under section 8 to writing and such measures and procedures may deal with, but are not limited to, the following:
1. Safe work practices.
2. Safe working conditions.
3. Proper hygiene practices and the use of hygiene facilities.
4. The control of infections.
5. Immunization and inoculation against infectious diseases.
6. The use of appropriate antiseptics, disinfectants and decontaminants.
7. The hazards of biological, chemical and physical agents present in the workplace, including the hazards of dispensing or administering such agents.
8. Measures to protect workers from exposure to a biological, chemical or physical agent that is or may be a hazard to the reproductive capacity of a worker, the pregnancy of a worker or the nursing of a child of a worker.
9. The proper use, maintenance and operation of equipment.
10. The reporting of unsafe or defective devices, equipment or work surfaces.
11. The purchasing of equipment that is properly designed and constructed.
12. The use, wearing and care of personal protective equipment and its limitations.
13. The handling, cleaning and disposal of soiled linen, sharp objects and waste.
(2) At least once a year the measures and procedures for the health and safety of workers shall be reviewed and revised in the light of current knowledge and practice.
(3) The review and revision of the measures and procedures shall be done more frequently than annually if,
(a) the employer, on the advice of the joint health and safety committee or health and safety representative, if any, determines that such review and revision is necessary; or
(b) there is a change in circumstances that may affect the health and safety of a worker.
(4) The employer, in consultation with and in consideration of the recommendation of the joint health and safety committee or health and safety representative, if any, shall develop, establish and provide training and educational programs in health and safety measures and procedures for workers that are relevant to the workers’ work. O. Reg. 67/93, s. 9.
10. (1) A worker who is required by his or her employer or by this Regulation to wear or use any protective clothing, equipment or device shall be instructed and trained in its care, use and limitations before wearing or using it for the first time and at regular intervals thereafter and the worker shall participate in such instruction and training.
(2) Personal protective equipment that is to be provided, worn or used shall,
(a) be properly used and maintained;
(b) be a proper fit;
(c) be inspected for damage or deterioration; and
(d) be stored in a convenient, clean and sanitary location when not in use. O. Reg. 67/93, s. 10.
11. If a worker is exposed,
(a) to the hazard of head injury, the worker shall wear head protection appropriate in the circumstances;
(b) to the hazard of eye injury, the worker shall wear eye protection appropriate in the circumstances;
(c) to the hazard of foot injury, the worker shall wear foot protection appropriate in the circumstances; and
(d) to the hazard of slipping on a work surface, the worker shall wear footwear with slip-resistant soles. O. Reg. 67/93, s. 11.
12. If a worker has or wears long hair, loose clothing or jewellery that may present a hazard, it shall be suitably confined. O. Reg. 67/93, s. 12.
13. (1) Except where work is performed from a ladder, if a worker is exposed to the hazard of falling to a surface more than three metres below the position where the worker is situated, the worker shall be provided with and shall wear a fall arrest system.
(2) The fall arrest system shall consist of a serviceable safety belt or harness and lifeline that is adequately secured to a fixed support and so arranged that the worker cannot fall freely for a vertical distance of more than 1.5 metres.
(3) The fall arrest system shall,
(a) have sufficient capacity to absorb twice the energy and twice the load that under the circumstances of its use may be transmitted to it; and
(b) be equipped with a shock absorber or other device to limit the maximum arresting force to 8.0 kilonewtons to the worker. O. Reg. 67/93, s. 13.
14. (1) If a worker is exposed to the hazard of drowning and the liquid into which the worker could fall is of sufficient depth that a flotation device would be effective,
(a) the worker shall be provided with and wear a flotation device appropriate in the circumstances;
(b) an alarm system to warn workers that a rescue operation is to be carried out shall be provided;
(c) appropriate rescue equipment including flotation devices, poles and ropes shall be available in proximity to the hazard for immediate use; and
(d) a worker trained in cardio-pulmonary resuscitation shall be immediately available.
(2) Subsection (1) does not apply to a swimming pool or a pool used for therapeutic purposes. O. Reg. 67/93, s. 14.
15. (1) A worker who supports, positions or restrains a patient or resident during X-ray irradiation of the patient or resident shall be provided with and wear a protective apron and protective gloves and, where appropriate, a protective collar.
(2) The equipment provided under subsection (1) shall have a lead equivalence of at least 0.5 millimetres. O. Reg. 67/93, s. 15.
16. A warning sign shall be posted on any door, corridor or stairway,
(a) that is not a means of egress but that is located or arranged so that it could be mistaken for one; or
(b) that leads to a hazardous, restricted or unsafe area. O. Reg. 67/93, s. 16.
17. Except where the door is in a fire separation, a self-closing door in a corridor used as a passageway for vehicles or wheeled equipment shall be equipped with a hold-open device and a see-through panel. O. Reg. 67/93, s. 17.
18. (1) This section applies with respect to a hazardous room,
(a) with an area greater than fifteen square metres; or
(b) requiring a distance of travel greater than 4.5 metres from any point in the room to an egress doorway.
(2) A hazardous room shall have at least two egress doorways that are at least three-quarters of the length of the diagonal distance of the room from each other.
(3) One egress doorway in a hazardous room shall be located within a maximum distance of twenty-five metres from any point in the room.
(4) A hazardous room shall be located in a floor area that has at least two exits.
(5) In this section,
“hazardous room” means a room containing a substance which, because of its nature or the form in which the substance exists, is handled or stored, may explode or become easily ignited causing a fire or creating an atmosphere or condition of imminent hazard to a worker. O. Reg. 67/93, s. 18.
19. (1) General indoor ventilation adequate to protect the health and safety of a worker shall be provided by natural or mechanical means.
(2) A mechanical ventilation system shall be inspected every six months to ensure it is in good condition.
(3) The inspection referred to in subsection (2) shall be carried out by a person who is qualified by training and experience to make such an inspection.
(4) The person carrying out the inspection shall file a report on the inspection with the employer and with the joint health and safety committee or health and safety representative, if any.
(5) A mechanical ventilation system,
(a) shall be serviced and have maintenance work performed on it as frequently as recommended by the manufacturer; and
(b) shall be serviced, have maintenance work performed on it or be repaired when a report referred to in subsection (4) indicates it is necessary to ensure the system is maintained in good condition. O. Reg. 67/93, s. 19.
20. (1) The ventilation system shall be such that replacement air is provided to replace air that is exhausted.
(2) The replacement air shall,
(a) be heated, when necessary, to maintain at least the minimum temperature in the workplace specified in subsection 21 (1);
(b) be free from contamination from any hazardous dust, vapour, smoke, fume, mist or gas; and
(c) enter in such a manner so as not to cause undue drafts and prevent,
(i) blowing of settled dust into the workplace, and
(ii) interference with any exhaust system.
(3) Air discharged from any exhaust system shall be discharged in such a manner so as to prevent the return of contaminants to any work area. O. Reg. 67/93, s. 20.
21. (1) Subject to subsections (2) and (3), an enclosed workplace shall be maintained at a temperature,
(a) that is suitable for the type of work performed;
(b) that is no less than 18 degrees Celsius; and
(c) that is not likely to cause physical stress because of heat.
(2) Clause (1) (b) does not apply to a workplace,
(a) that is normally unheated;
(b) where materials requiring lower temperatures are used or stored, or a process or activity is carried out or performed requiring lower temperatures;
(c) where radiant heating is such that a worker working in the area has the degree of comfort that would result were the area heated to 18 degrees Celsius;
(d) where the work or activity is such that a temperature of 18 degrees Celsius could cause discomfort; or
(e) during the first hour of the main operating shift where heat from processing or equipment provides a substantial portion of the heating.
(3) If it is not practical in the circumstances to maintain the temperature of an enclosed workplace as required by clause (1) (c), the employer shall, in consultation with the joint health and safety committee or health and safety representative, if any, develop, maintain and put into effect measures and procedures to ensure that a worker is not exposed to heat stress conditions that are likely to endanger or injure the worker. O. Reg. 67/93, s. 21.
22. (1) A workplace shall be provided with illumination in accordance with the minimum lighting requirements as set out in Part 3 of the Ontario Building Code.
(2) The brightness levels and ratios, glare, contrast and shadows shall be maintained at a level that is not likely to be a hazard to a worker.
(3) Glare and reflection that are likely to be a hazard to a worker shall be limited as far as is practicable. O. Reg. 67/93, s. 22.
23. If a glare from a direct lighting source is likely to be a hazard to a worker, the source shall be shielded by louvres, lenses, lens covers or diffusers which control the glare. O. Reg. 67/93, s. 23.
24. If a worker is required to use a video display terminal for a continuous period of one hour or more, the worker shall have at least five minutes of time free from such work in every hour. O. Reg. 67/93, s. 24.
25. If fluorescent tubes are disposed of by crushing or compacting, it shall be done in an area adequately ventilated to protect the health and safety of the worker and the worker shall be provided with and use appropriate protective equipment. O. Reg. 67/93, s. 25.
26. Burned-out light bulbs and fluorescent tubes shall be promptly replaced with appropriate replacements to ensure the workplace is provided with adequate illumination to perform the work safely. O. Reg. 67/93, s. 26.
27. Lighting equipment shall be serviced and maintained at regular intervals to ensure the workplace is provided with illumination in accordance with section 22. O. Reg. 67/93, s. 27.
28. Toilets and washbasins for the use of workers shall,
(a) be provided in accordance with the requirements for sanitary facilities as set out in Part 3 of the Ontario Building Code;
(b) have hot and cold running water for the washbasins; and
(c) have reasonable personal hygiene supplies and equipment, including soap and disposable towels. O. Reg. 67/93, s. 28.
29. (1) Potable drinking water shall be provided from a fountain with an upward jet or from a tap from a piped water supply or a covered vessel together with a supply of single-use cups in a sanitary container located near the tap.
(2) Potable drinking water shall be available,
(a) on every floor where work is regularly performed; and
(b) within 100 metres of any area where work is regularly performed. O. Reg. 67/93, s. 29.
30. (1) If ten or more workers are employed at a facility, a room or other space affording reasonable privacy shall be provided.
(2) The room shall be equipped with one or more cots and chairs, unless the facility has a first-aid station or infirmary room that is so equipped. O. Reg. 67/93, s. 30.
31. Refrigerators used to store cultures, specimens or biological ampules shall not be used to store food or drink. O. Reg. 67/93, s. 31.
32. No food, drink, tobacco or cosmetics shall be consumed, applied or kept in areas where infectious materials, hazardous chemicals or hazardous drugs are used, handled or stored. O. Reg. 67/93, s. 32.
33. (1) A work surface shall be kept free of,
(a) obstructions and hazards;
(b) cracks, holes and bumps that may endanger a worker; and
(c) accumulations of refuse, snow and ice.
(2) A work surface shall not have any finish or protective material used on it that is likely to make the surface slippery.
(3) A worker who knows that the condition of a work surface fails to comply with subsection (1) or (2) shall report the failure to a supervisor.
(4) If a report of a failure to comply is made to a supervisor, he or she shall ensure that steps necessary to remedy the situation are taken forthwith, and until remedied, the hazard shall be identified by a conspicuous warning sign. O. Reg. 67/93, s. 33.
34. (1) If there is a spill of a liquid or material on a work surface that is likely to cause a worker to slip or fall, it shall be cleaned up forthwith and, until cleaned up, it shall be identified by a conspicuous warning sign.
(2) If a work surface is slippery when it is being cleaned or polished, a conspicuous sign warning that the surface is slippery shall be posted during cleaning or polishing. O. Reg. 67/93, s. 34.
35. If wet processes are used, or wet conditions are present, on a work surface and they cause it to be slippery, steps necessary to remedy the situation shall be taken including,
(a) the use of non-slip work surfaces;
(b) the provision of dry-standing places or non-slip mats;
(c) the provision of drainage adequate in the circumstances; or
(d) the use of water resistant, non-slip footwear by workers who may use the work surface. O. Reg. 67/93, s. 35.
36. (1) Subject to subsection (2), there shall be a guardrail,
(a) around the perimeter of an uncovered opening in a floor, roof or other surface to which a worker has access;
(b) at an open side of,
(i) a raised floor, mezzanine, balcony, gallery, landing, platform, walkway, stile, ramp or other surface, and
(ii) a vat, bin or tank, the top of which is less than 107 centimetres above the surrounding floor, ground, platform or other surface; and
(c) around a machine, electrical installation, place or thing that is likely to endanger the safety of any worker.
(2) Subsection (1) does not apply to,
(a) a loading dock;
(b) a pit used for maintenance of vehicles or similar equipment;
(c) a roof to which access is required for maintenance purposes only;
(d) a swimming pool or a pool used for therapeutic purposes; or
(e) a stage in an auditorium or lecture theatre. O. Reg. 67/93, s. 36.
37. A guardrail shall be designed and constructed to meet the requirements for guardrails as set out in Parts 3 and 4 of the Ontario Building Code or it shall,
(a) have a horizontal top rail located not less than ninety-one and not more than 107 centimetres above the surface to be guarded;
(b) have an intermediate rail located midway between the top rail and the surface to be guarded;
(c) if tools or other objects may fall on a worker, have a toe-board that extends from the surface to be guarded to a height of not less than 125 millimetres;
(d) be constructed to meet the structural requirements for guardrails as set out in Part 4 of the Ontario Building Code; and
(e) be free of splinters and other hazardous protrusions. O. Reg. 67/93, s. 37.
38. An opening in a work surface shall be covered or shall have a guardrail around its perimeter. O. Reg. 67/93, s. 38.
39. A cover on an opening in a work surface shall be secured in place and shall be constructed to meet the structural requirements for loads due to the use of floors and roofs as set out in Part 4 of the Ontario Building Code. O. Reg. 67/93, s. 39.
40. If frequent access is required to equipment that is elevated above or is located below a work surface, permanent platforms shall be provided with access by a fixed stair or a fixed access ladder. O. Reg. 67/93, s. 40.
41. (1) A fixed access ladder shall,
(a) be vertical;
(b) have rest platforms at not more than nine metre intervals;
(c) be offset at each rest platform;
(d) where the ladder extends more than five metres above grade, floor or landing, have a safety cage beginning not more than 2.2 metres above grade, floor or landing and continuing at least ninety centimetres above the top landing with openings to permit access by a worker to rest platforms or to the top landing;
(e) have side rails that extend ninety centimetres above the landing; and
(f) have rungs which are at least fifteen centimetres from the wall and spaced at regular intervals. O. Reg. 67/93, s. 41 (1); O. Reg. 25/09, s. 3.
(2) Subsection (1) does not apply to an access ladder on a tower, water tank, chimney or similar structure that has a safety device which will provide protection should a worker using the ladder fall. O. Reg. 67/93, s. 41 (2).
42. (1) In this section,
“restricted space” means a tank, vat, vessel, duct, vault, boiler or other space from which the egress of a worker is restricted, limited or impeded because of the construction, design, location or other physical characteristics of the space.
(2) A worker shall enter a restricted space only if,
(a) he or she is informed of and familiar with the characteristics of the restricted space which restrict, limit or impede egress and is instructed in the procedures for entering, working in and exiting from the restricted space;
(b) there are procedures and measures in place for the removal of the worker from the restricted space in the event of an emergency;
(c) at least one other worker is stationed outside the restricted space and in proximity to it and is readily available and capable of implementing emergency procedures and measures for the removal of the worker from the restricted space; and
(d) mechanical equipment in the restricted space is disconnected from its power source and is locked out.
(3) The requirements of subsection (2) apply with all necessary modifications while a worker is in a restricted space. O. Reg. 67/93, s. 42.
43. In sections 43.1 to 43.19,
“acceptable atmospheric levels” means that,
(a) the atmospheric concentration of any explosive or flammable gas or vapour is less than,
(i) 25 per cent of its lower explosive limit, if paragraph 1 of subsection 43.17 (4) applies,
(ii) 10 per cent of its lower explosive limit, if paragraph 2 of subsection 43.17 (4) applies,
(iii) 5 per cent of its lower explosive limit, if paragraph 3 of subsection 43.17 (4) applies,
(b) the oxygen content of the atmosphere is at least 19.5 per cent but not more than 23 per cent by volume, and
(c) the exposure to atmospheric contaminants does not exceed any applicable level set out in a regulation made under the Act and listed in Table 1; (“niveaux atmosphériques acceptables”)
Note: On July 1, 2010, clause (c) is revoked and the following substituted:
(c) the exposure to atmospheric contaminants does not exceed any applicable limit set out in Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act or Ontario Regulation 490/09 (Designated Substances) made under the Act;
See: O. Reg. 495/09, ss. 1, 3.
“assessment” means an assessment of hazards with respect to one or more confined spaces in a workplace, as described in section 43.4; (“evaluation”)
“atmospheric hazards” means,
(a) the accumulation of flammable, combustible or explosive agents,
(b) an oxygen content in the atmosphere that is less than 19.5 per cent or more than 23 per cent by volume, or
(c) the accumulation of atmospheric contaminants, including gases, vapours, fumes, dusts or mists, that could,
(i) result in acute health effects that pose an immediate threat to life, or
(ii) interfere with a person’s ability to escape unaided from a confined space; (“risque atmosphérique”)
“cold work” means work that is not capable of producing a source of ignition; (“travail à froid”)
“confined space” means a fully or partially enclosed space,
(a) that is not both designed and constructed for continuous human occupancy, and
(b) in which atmospheric hazards may occur because of its construction, location or contents or because of work that is done in it; (“espace clos”)
“emergency work” means work performed in connection with an unforeseen event that involves an imminent danger to the life, health or safety of any person; (“travail d’urgence”)
“hot work” means work that is capable of producing a source of ignition; (“travail à chaud”)
“lead employer” means an employer who contracts for the services of one or more other employers or independent contractors in relation to one or more confined spaces that are located,
(a) in the lead employer’s own workplace, or
(b) in another employer’s workplace; (“employeur principal”)
“plan” means a plan for one or more confined spaces in a workplace, as described in section 43.5; (“plan”)
“program” means a program for one or more confined spaces in a workplace, as described in section 43.3; (“programme”)
“purging” means displacing contaminants from a confined space; (“purge”)
“related work” means work that is performed near a confined space in direct support of work inside the confined space. (“travail connexe”) O. Reg. 631/05, s. 2.
43.1 (1) Sections 43.2 to 43.5 and 43.7 to 43.19 of this Regulation do not apply to emergency work performed by,
(a) a firefighter as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997; or
(b) a person who,
(i) holds a certificate under the Technical Standards and Safety Act, 2000 designating him or her as a gas technician, and
(ii) is working under the direction of a fire department, as defined in the Fire Protection and Prevention Act, 1997. O. Reg. 631/05, s. 2; O. Reg. 25/09, s. 4.
(2) A worker described in subsection (1) who performs emergency work shall be adequately protected by,
(a) personal protective equipment, clothing and devices provided by the worker’s employer;
(b) training under section 43.6 provided by that employer; and
(c) written procedures and other measures developed by that employer. O. Reg. 631/05, s. 2.
(3) Sections 43.2 to 43.19 do not apply to work performed underwater by a diver during a diving operation as defined in Ontario Regulation 629/94 (Diving Operations) made under the Act. O. Reg. 631/05, s. 2.
43.2 (1) This section applies if the workers of more than one employer perform work in the same confined space or related work with respect to the same confined space. O. Reg. 631/05, s. 2.
(2) Before any worker enters the confined space or begins related work with respect to the confined space, the lead employer shall prepare a co-ordination document to ensure that the duties imposed on employers by sections 43.3 to 43.5, 43.7 to 43.10 and 43.12 to 43.18 are performed in a way that protects the health and safety of all workers who perform work in the confined space or related work with respect to the confined space. O. Reg. 631/05, s. 2.
(3) Without restricting the generality of subsection (2), the co-ordination document may provide for the performance of a duty or duties referred to in that subsection by one or more employers on behalf of one or more other employers, with respect to some or all of the workers. O. Reg. 631/05, s. 2.
(4) A copy of the co-ordination document shall be provided to,
(a) each employer of workers who perform work in the same confined space or related work with respect to the same confined space; and
(b) the joint health and safety committee or health and safety representative, if any, for each employer of workers who perform work in the same confined space or related work with respect to the same confined space. O. Reg. 631/05, s. 2.
43.3 (1) If an employer’s workplace includes a confined space that workers may enter to perform work, the employer shall ensure that a written program for the confined space is developed and maintained in accordance with this Regulation before a worker enters the confined space. O. Reg. 631/05, s. 2.
(2) The program may apply to one or more confined spaces. O. Reg. 631/05, s. 2.
(3) The program shall be developed and maintained in consultation with the joint health and safety committee or the health and safety representative, if any. O. Reg. 631/05, s. 2.
(4) The program shall be adequate and shall provide for,
(a) a method for recognizing each confined space to which the program applies;
(b) a method for assessing the hazards to which workers may be exposed, in accordance with section 43.4;
(c) a method for the development of one or more plans, in accordance with section 43.5;
(d) a method for general training of workers, in accordance with section 43.6; and
(e) an entry permit system that sets out the measures and procedures to be followed when work is to be performed in a confined space to which the program applies. O. Reg. 631/05, s. 2.
(5) The employer shall provide a copy of the program to the joint health and safety committee or the health and safety representative, if any. O. Reg. 631/05, s. 2.
(6) The employer shall ensure that a copy of the program is available to,
(a) any other employer of workers who perform work to which the program relates; and
(b) every worker who performs work to which the program relates, if the workplace has no joint health and safety committee or health and safety representative. O. Reg. 631/05, s. 2.
43.4 (1) Before any worker enters a confined space, the employer shall ensure that an adequate assessment of the hazards related to the confined space has been carried out. O. Reg. 631/05, s. 2.
(2) The assessment shall be recorded in writing and shall consider, with respect to each confined space,
(a) the hazards that may exist due to the design, construction, location, use or contents of the confined space; and
(b) the hazards that may develop while work is done inside the confined space. O. Reg. 631/05, s. 2.
(3) The record of the assessment may be incorporated into an entry permit under section 43.8. O. Reg. 631/05, s. 2.
(4) If two or more confined spaces are of similar construction and present the same hazards, their assessments may be recorded in a single document, but each confined space shall be clearly identified in the assessment. O. Reg. 631/05, s. 2.
(5) The employer shall appoint a person with adequate knowledge, training and experience to carry out the assessment and shall maintain a record containing details of the person’s knowledge, training and experience. O. Reg. 631/05, s. 2.
(6) The assessment shall contain the name of the person who carries out the assessment. O. Reg. 631/05, s. 2.
(7) The person shall sign and date the assessment and provide it to the employer. O. Reg. 631/05, s. 2.
(8) On request, the employer shall provide copies of the assessment and of the record mentioned in subsection (5) to,
(a) the joint health and safety committee or the health and safety representative, if any; or
(b) every worker who performs work to which the assessment relates, if the workplace has no joint health and safety committee or health and safety representative. O. Reg. 631/05, s. 2.
(9) The employer shall ensure that the assessment is reviewed as often as is necessary to ensure that the relevant plan remains adequate. O. Reg. 631/05, s. 2.
43.5 (1) Before any worker enters a confined space, the employer shall ensure that an adequate written plan, including procedures for the control of hazards identified in the assessment, has been developed and implemented by a competent person for the confined space. O. Reg. 631/05, s. 2.
(2) The plan may be incorporated into an entry permit under section 43.8. O. Reg. 631/05, s. 2.
(3) The plan shall contain provisions for,
(a) the duties of workers;
(b) co-ordination in accordance with section 43.2, if applicable;
(c) on-site rescue procedures, in accordance with section 43.9;
(d) rescue equipment and methods of communication, in accordance with section 43.10;
(e) personal protective equipment, clothing and devices, in accordance with section 43.11;
(f) isolation of energy and control of materials movement, in accordance with section 43.12;
(g) attendants, in accordance with section 43.13;
(h) adequate means for entering and exiting, in accordance with section 43.14;
(i) atmospheric testing, in accordance with section 43.16;
(j) adequate procedures for working in the presence of explosive or flammable substances, in accordance with section 43.17; and
(k) ventilation and purging, in accordance with section 43.18. O. Reg. 631/05, s. 2.
(4) One plan may deal with two or more confined spaces that are of similar construction and present the same hazards as identified by the assessment. O. Reg. 631/05, s. 2.
(5) The employer shall ensure that the plan is reviewed as often as is necessary to ensure that it remains adequate. O. Reg. 631/05, s. 2.
43.6 (1) Every worker who enters a confined space or who performs related work shall be given adequate training for safe work practices for working in confined spaces and for performing related work, including training in the recognition of hazards associated with confined spaces. O. Reg. 631/05, s. 2.
(2) The employer shall appoint a person with adequate knowledge, training and experience to conduct the training. O. Reg. 631/05, s. 2.
(3) The employer shall ensure that training under this section is developed in consultation with the joint health and safety committee or the health and safety representative, if any. O. Reg. 631/05, s. 2.
(4) The employer shall ensure that training under this section is reviewed, in consultation with the joint health and safety committee or the health and safety representative, if any, whenever there is a change in circumstances that may affect the safety of a worker who enters a confined space in the workplace, and in any case at least once annually. O. Reg. 631/05, s. 2.
(5) The employer shall maintain up-to-date written records showing who provided and who received training under this section, the nature of the training and the date when it was provided. O. Reg. 631/05, s. 2.
(6) The records may be incorporated into an entry permit under section 43.8. O. Reg. 631/05, s. 2.
(7) Training under this section may be combined with training under section 43.7. O. Reg. 631/05, s. 2.
43.7 (1) The employer shall ensure that every worker who enters a confined space or who performs related work,
(a) receives adequate training, in accordance with the relevant plan, to work safely and properly; and
(b) follows the plan. O. Reg. 631/05, s. 2.
(2) The employer shall maintain up-to-date written records showing who provided and who received training under this section and the date when it was provided. O. Reg. 631/05, s. 2.
(3) The records may be incorporated into an entry permit under section 43.8. O. Reg. 631/05, s. 2.
(4) Training under this section may be combined with training under section 43.6. O. Reg. 631/05, s. 2.
43.8 (1) The employer shall ensure that a separate entry permit is issued each time work is to be performed in a confined space, before any worker enters the confined space. O. Reg. 631/05, s. 2.
(2) An entry permit shall be adequate and shall include at least the following:
1. The location of the confined space.
2. A description of the work to be performed there.
3. A description of the hazards and the corresponding control measures.
4. The time period for which the entry permit applies.
5. The name of the attendant described in section 43.13.
6. A record of each worker’s entries and exits.
7. A list of the equipment required for entry and rescue, and verification that the equipment is in good working order.
8. Results obtained in atmospheric testing under section 43.16.
9. If the work to be performed in the confined space includes hot work, adequate provisions for the hot work and corresponding control measures. O. Reg. 631/05, s. 2.
(3) Before each shift, a competent person shall verify that the entry permit complies with the relevant plan. O. Reg. 631/05, s. 2.
(4) The employer shall ensure that the entry permit, during the time period for which it applies, is readily available to every person who enters the confined space and to every person who performs related work with respect to the confined space. O. Reg. 631/05, s. 2.
43.9 (1) The employer shall ensure that no worker enters or remains in a confined space unless, in accordance with the relevant plan, adequate written on-site rescue procedures that apply to the confined space have been developed and are ready for immediate implementation. O. Reg. 631/05, s. 2.
(2) Before a worker enters a confined space, the employer shall ensure that an adequate number of persons trained in the matters listed in subsection (3) are available for immediate implementation of the on-site rescue procedures mentioned in subsection (1). O. Reg. 631/05, s. 2.
(3) The persons shall be trained in,
(a) the on-site rescue procedures mentioned in subsection (1);
(b) first aid and cardio-pulmonary resuscitation; and
(c) the use of the rescue equipment required in accordance with the relevant plan. O. Reg. 631/05, s. 2.
43.10 (1) The employer shall ensure that the rescue equipment identified in the relevant plan is,
(a) readily available to effect a rescue in the confined space;
(b) appropriate for entry into the confined space; and
(c) inspected as often as is necessary to ensure it is in good working order, by a person with adequate knowledge, training and experience who is appointed by the employer. O. Reg. 631/05, s. 2.
(2) The inspection under clause (1) (c) shall be recorded in writing by the person, and the record of the inspection may be incorporated into the entry permit under section 43.8. O. Reg. 631/05, s. 2.
(3) The employer shall establish methods of communication that are appropriate for the hazards identified in the relevant assessment, and shall make them readily available for workers to communicate with the attendant described in section 43.13. O. Reg. 631/05, s. 2.
43.11 The employer shall ensure that each worker who enters a confined space is provided with adequate personal protective equipment, clothing and devices, in accordance with the relevant plan. O. Reg. 631/05, s. 2.
43.12 The employer shall, in accordance with the relevant plan, ensure that each worker entering a confined space is adequately protected,
(a) against the release of hazardous substances into the confined space,
(i) by blanking or disconnecting piping, or
(ii) if compliance with subclause (i) is not practical in the circumstances for technical reasons, by other adequate means;
(b) against contact with electrical energy inside the confined space that could endanger the worker,
(i) by disconnecting, de-energizing, locking out and tagging the source of electrical energy, or
(ii) if compliance with subclause (i) is not practical in the circumstances for technical reasons, by other adequate means;
(c) against contact with moving parts of equipment inside the confined space that could endanger the worker,
(i) by disconnecting the equipment from its power source, de-energizing the equipment, locking it out and tagging it, or
(ii) if compliance with subclause (i) is not practical in the circumstances for technical reasons, by immobilizing the equipment by blocking or other adequate means; and
(d) against drowning, engulfment, entrapment, suffocation and other hazards from free-flowing material, by adequate means. O. Reg. 631/05, s. 2; O. Reg. 25/09, s. 5.
43.13 (1) Whenever a worker is to enter a confined space, the employer shall ensure that an attendant,
(a) is assigned;
(b) is stationed outside and near,
(i) the entrance to the confined space, or
(ii) if there are two or more entrances, the one that will best allow the attendant to perform his or her duties under subsection (2);
(c) is in constant communication with all workers inside the confined space, using the means of communication described in the relevant plan; and
(d) is provided with a device for summoning an adequate rescue response. O. Reg. 631/05, s. 2.
(2) The attendant shall not enter the confined space at any time and shall, in accordance with the relevant plan,
(a) monitor the safety of the worker inside;
(b) provide assistance to him or her; and
(c) summon an adequate rescue response if required. O. Reg. 631/05, s. 2.
43.14 An adequate means for entering and exiting shall be provided for all workers who enter a confined space, in accordance with the relevant plan. O. Reg. 631/05, s. 2.
43.15 If there is a possibility of unauthorized entry into a confined space, the employer shall ensure that each entrance to the confined space,
(a) is adequately secured against unauthorized entry; or
(b) has been provided with adequate barricades, adequate warning signs regarding unauthorized entry, or both. O. Reg. 631/05, s. 2.
43.16 (1) The employer shall appoint a person with adequate knowledge, training and experience to perform adequate tests as often as necessary before and while a worker is in a confined space to ensure that acceptable atmospheric levels are maintained in the confined space in accordance with the relevant plan. O. Reg. 631/05, s. 2.
(2) If the confined space has been both unoccupied and unattended, tests shall be performed before a worker enters or re-enters. O. Reg. 631/05, s. 2.
(3) The person performing the tests shall use calibrated instruments that are in good working order and are appropriate for the hazards identified in the relevant assessment. O. Reg. 631/05, s. 2.
(4) The employer shall ensure that the results of every sample of a test are recorded, subject to subsection (5). O. Reg. 631/05, s. 2.
(5) If the tests are performed using continuous monitoring, the employer shall ensure that test results are recorded at adequate intervals. O. Reg. 631/05, s. 2.
(6) The tests shall be performed in a manner that does not endanger the health or safety of the person performing them. O. Reg. 631/05, s. 2.
(7) In this section,
“sample” means an individual reading of the composition of the atmosphere in the confined space; (“prélèvement”)
“test” means a collection of samples. (“essai”) O. Reg. 631/05, s. 2.
43.17 (1) This section applies only in respect of atmospheric hazards described in clause (a) of the definition of “atmospheric hazards” in section 43. O. Reg. 631/05, s. 2.
(2) The employer shall ensure that this section is complied with, by ventilation, purging, rendering the atmosphere inert or other adequate means, in accordance with the relevant plan. O. Reg. 631/05, s. 2.
(3) The employer shall ensure that no worker enters or remains in a confined space that contains or is likely to contain an airborne combustible dust or mist whose atmospheric concentration may create a hazard of explosion. O. Reg. 631/05, s. 2.
(4) The employer shall ensure that no worker enters or remains in a confined space that contains or is likely to contain an explosive or flammable gas or vapour, unless one of the following applies:
1. The worker is performing only inspection work that does not produce a source of ignition. In the case of an explosive or flammable gas or vapour, the atmospheric concentration is less than 25 per cent of its lower explosive limit, as determined by a combustible gas instrument.
2. The worker is performing only cold work. In the case of an explosive or flammable gas or vapour, the atmospheric concentration is less than 10 per cent of its lower explosive limit, as determined by a combustible gas instrument.
3. The worker is performing hot work. All the following conditions are satisfied:
i. In the case of an explosive or flammable gas or vapour, the atmospheric concentration is less than 5 per cent of its lower explosive limit, as determined by a combustible gas instrument.
ii. The atmosphere in the confined space does not contain, and is not likely to contain while a worker is inside, an oxygen content greater than 23 per cent by volume.
iii. The atmosphere in the confined space is monitored continuously.
iv. The entry permit includes adequate provisions for hot work and corresponding control measures.
v. An adequate warning system and exit procedure are provided to ensure that workers have adequate warning and are able to exit the confined space safely if either or both of the following occur:
A. In the case of an explosive or flammable gas or vapour, the atmospheric concentration exceeds 5 per cent of its lower explosive limit.
B. The oxygen content of the atmosphere exceeds 23 per cent by volume. O. Reg. 631/05, s. 2; O. Reg. 25/09, s. 6.
(5) Subsections (3) and (4) do not apply if,
(a) the atmosphere in the confined space,
(i) has been rendered inert by adding an inert gas, and
(ii) is monitored continuously to ensure that it remains inert; and
(b) a worker entering the confined space uses,
(i) adequate respiratory protective equipment,
(ii) adequate equipment to allow persons outside the confined space to locate and rescue the worker if necessary, and
(iii) such other equipment as is necessary to ensure the worker’s safety. O. Reg. 631/05, s. 2.
(6) The equipment mentioned in subclauses (5) (b) (i), (ii) and (iii) shall be inspected by a person with adequate knowledge, training and experience, appointed by the employer, and shall be in good working order before the worker enters the confined space. O. Reg. 631/05, s. 2.
43.18 (1) This section applies only in respect of atmospheric hazards described in clause (b) or (c) of the definition of “atmospheric hazards” in section 43. O. Reg. 631/05, s. 2.
(2) If atmospheric hazards exist or are likely to exist in a confined space, the confined space shall be purged, ventilated or both, before any worker enters it, to ensure that acceptable atmospheric levels are maintained in the confined space while any worker is inside. O. Reg. 631/05, s. 2.
(3) If mechanical ventilation is required to maintain acceptable atmospheric levels, an adequate warning system and exit procedure shall also be provided to ensure that workers have adequate warning of ventilation failure and are able to exit the confined space safely. O. Reg. 631/05, s. 2.
(4) If compliance with subsection (2) is not practical in the circumstances for technical reasons,
(a) compliance with subsection (3) is not required; and
(b) a worker entering the confined space shall use,
(i) adequate respiratory protective equipment,
(ii) adequate equipment to allow persons outside the confined space to locate and rescue the worker if necessary, and
(iii) such other equipment as is necessary to ensure the worker’s safety. O. Reg. 631/05, s. 2.
(5) The equipment mentioned in subclauses (4) (b) (i), (ii) and (iii) shall be inspected by a person with adequate knowledge, training and experience, appointed by the employer, and shall be in good working order before the worker enters the confined space. O. Reg. 631/05, s. 2.
43.19 (1) The employer shall retain every assessment, plan, co-ordination document under section 43.2, record of training under subsection 43.6 (5) or 43.7 (2), entry permit under section 43.8, record of an inspection under subsection 43.10 (2) and record of a test under section 43.16, including records of each sample, for the longer of the following periods:
1. One year after the document is created.
2. The period that is necessary to ensure that at least the two most recent records of each kind that relate to a particular confined space are retained. O. Reg. 631/05, s. 2.
(2) If section 43.2 applies, the documents described in subsection (1) shall be retained by the employer responsible for creating them. O. Reg. 631/05, s. 2.
44. Machinery or equipment shall be,
(a) suitable for its actual use;
(b) constructed of materials of sufficient size and strength to withstand imposed stresses;
(c) provided with locking devices in order to prevent accidental operation which may be a hazard to a worker;
(d) placed on a surface that is capable of supporting it;
(e) inspected immediately before its use and at regular intervals as recommended by the manufacturer;
(f) serviced and maintained in accordance with the recommendations and instructions of the manufacturer;
(g) operated by a worker trained in its use and function; and
(h) stored in a manner that prevents its movement. O. Reg. 67/93, s. 44.
45. If a machine or prime mover or transmission equipment has an exposed moving part that may endanger the safety of any worker, it shall be equipped with and guarded by a guard or other device that prevents access to the moving part. O. Reg. 67/93, s. 45.
46. An in-running nip hazard or any part of a machine, device or thing that may endanger the safety of a worker shall be equipped with and guarded by a guard or other device that prevents access to the pinch point. O. Reg. 67/93, s. 46.
47. A machine shall be shielded or guarded so that the safety of a worker is not endangered by its product, the material being processed or its waste stock. O. Reg. 67/93, s. 47.
48. An emergency stop control on a power-driven machine shall be conspicuously identified and be located within easy reach of the operator. O. Reg. 67/93, s. 48.
49. (1) An operating control that acts as a guard for a machine that is not otherwise guarded shall,
(a) be in a location where the safety of the operator is not endangered by moving machinery; and
(b) be arranged so that it cannot be operated accidentally.
(2) An operating control that acts as a guard for a machine that is not otherwise guarded shall not be made ineffective by a tie-down device or other means. O. Reg. 67/93, s. 49.
50. (1) Subject to subsection (2), a worker shall repair, maintain or adjust a machine, transmission machinery, device or thing or a part thereof only if,
(a) the control switches or other control mechanisms are locked out;
(b) the moving parts are stopped; and
(c) the hydraulic, pneumatic or gravity-stored energy is dissipated or contained.
(2) If it is not practical to de-energize a machine or transmission equipment by locking out its controls during repair, maintenance or adjustment, a worker may do such work if barriers, shields or other effective precautions are used or taken to ensure the safety of the worker while he or she is doing the work. O. Reg. 67/93, s. 50.
51. Clearance between a moving part of any machine or any material carried by the moving part of the machine and any other machine, structure or thing shall be adequate to ensure that the safety of any worker in the area is not endangered. O. Reg. 67/93, s. 51.
52. (1) Subject to subsection (3), if a worker is repairing or altering a gas line, steam line, pipeline, drum, tank or other container, the worker shall,
(a) adjust its internal pressures to atmospheric pressure before any fastening is removed;
(b) drain and clean it or otherwise render it free from any explosive, flammable or harmful substance.
(2) If a worker is repairing or altering a gas line, steam line, pipeline, drum, tank or other container, the worker shall not refill it while there is any risk of vaporizing or igniting the substance that is being placed in it.
(3) Subsection (1) does not apply if a competent person is hot-tapping and boxing-in a pipeline under controlled conditions so as to provide for the protection of all workers. O. Reg. 67/93, s. 52.
53. If machinery or equipment is being dismantled, serviced or repaired and the collapse of any part of it may injure a worker, blocking shall be installed to prevent its collapse. O. Reg. 67/93, s. 53.
54. If a worker may pass or work under machinery, equipment or material that is temporarily elevated, it shall be securely and solidly blocked to prevent it from falling or moving. O. Reg. 67/93, s. 54.
55. Before lifting or self-propelled mobile equipment is operated after its repair or modification, a person qualified by training and experience to do so shall inspect it to ensure that it is in good condition and a record shall be kept of the inspection. O. Reg. 67/93, s. 55.
56. (1) Glassware used in a laboratory shall be inspected for chips and cracks before use.
(2) Chipped or cracked glassware shall not be used unless it is repaired to a condition that does not present a hazard to a worker and if not repaired it shall be placed in a puncture-resistant container for disposal as waste. O. Reg. 67/93, s. 56.
57. A grinding wheel shall be,
(a) marked with the maximum speed at which it may be operated;
(b) checked for any defect before it is mounted;
(c) mounted in accordance with the manufacturer’s specifications;
(d) provided with protective hoods that enclose the wheel as closely as the work will permit;
(e) operated only by a worker using eye protection;
(f) operated at a speed which does not exceed the manufacturer’s recommendations; and
(g) stored where it will not be subjected to heat, cold or impact which may damage it. O. Reg. 67/93, s. 57.
58. A work rest used with a grinding wheel shall,
(a) be in a position above the centre line of the grinding wheel;
(b) have a maximum clearance of three millimetres from the grinding wheel; and
(c) be adjusted only when the grinding wheel is stationary. O. Reg. 67/93, s. 58.
59. (1) A centrifuge shall be maintained and operated in accordance with the recommendations and instructions of its manufacturer.
(2) A centrifuge shall be designed or equipped with a device to prevent it from being operated at a speed in excess of that for which it was designed and intended.
(3) The load in a centrifuge shall be balanced to minimize vibration during its operation.
(4) If a flammable or infectious material is being centrifuged, a legible sign warning of the hazard shall be posted in the area where the centrifuge is being operated.
(5) If a bench-model centrifuge is being used to centrifuge a flammable or infectious material, it shall be operated in a biological safety cabinet or be otherwise appropriately contained, unless sealed safety heads or sealed centrifugal caps are used.
(6) Cushions shall be used in centrifuging material that is in glass containers. O. Reg. 67/93, s. 59.
60. (1) An autoclave or sterilization machine shall,
(a) if the sterilant used in it is ethylene oxide or another hazardous chemical, be vented to the outdoors;
(b) be operated by a worker qualified by training and experience to do so;
(c) have its operating and emergency instructions posted adjacent to it;
(d) be maintained on a regular basis and be inspected at least once every three months;
(e) be tested when first put into service and annually thereafter by a person qualified by training and experience to do so and a record of the test shall be kept; and
(f) have a pressure relief valve set at a pressure not exceeding that for which it was designed and intended.
(2) After its operation or use, an autoclave or sterilization machine shall not be opened until its pressure has returned to atmospheric pressure. O. Reg. 67/93, s. 60.
61. (1) Subject to subsection (2), a worker who is loading or unloading an autoclave or sterilization machine shall be provided with and wear aprons and elbow-length insulated gloves of an impervious material.
(2) If the autoclave or sterilization machine does not use heat, the gloves are not required to be insulated. O. Reg. 67/93, s. 61.
62. Electrical equipment, power lines, conductors and insulating materials shall,
(a) be suitable for their use;
(b) be certified by the Canadian Standards Association or by the Electrical Safety Authority, as defined in the Electricity Act, 1998; and
(c) be installed, maintained, modified and operated in such a manner as not to present a hazard to a worker. O. Reg. 67/93, s. 62; O. Reg. 142/99, s. 1.
63. Except where electrical work is being carried out as permitted by section 68, tools, ladders, scaffolding and other equipment or materials capable of conducting electricity shall not be stored, used or left close enough to any energized electrical installation such that they may make electrical contact with an energized conductor. O. Reg. 67/93, s. 63.
64. No person, other than a person authorized to do so by the supervisor in charge of the room or enclosure, shall enter or be permitted to enter a room or other enclosure that contains exposed energized electrical parts. O. Reg. 67/93, s. 64.
65. The entrance to a room or other enclosure containing exposed energized electrical parts shall be marked by conspicuous signs warning of the danger and stating that entry by unauthorized persons is prohibited. O. Reg. 67/93, s. 65.
66. (1) The power supply to electrical installations, equipment or power lines shall be disconnected, locked out of service and tagged before any work is done, and while any work is being done, on or near the installations, equipment or power lines.
(2) Locking out and tagging are not required,
(a) if the power lines are adequately grounded with a visible grounding mechanism; or
(b) if the voltage is less than 300 volts and there is no locking device for the circuit breakers or fuses and procedures are in place adequate to ensure that the circuit is not inadvertently energized.
(3) Before beginning the work, each worker shall determine if the power supply is disconnected.
(4) If locking out and tagging are not required, the employer shall ensure that the procedures set out in clause (2) (b) are carried out.
(5) This section does not apply if it is not practicable to disconnect electrical installations, equipment or power lines from the power supply before working on, or near, the installations, equipment or power lines. O. Reg. 67/93, s. 66.
67. A tag required by subsection 66 (1) shall,
(a) be made of non-conducting material;
(b) be secured to prevent its inadvertent removal;
(c) be placed in a conspicuous location;
(d) state the reason the switch is opened;
(e) show the name of the person responsible for opening the switch; and
(f) show the date and time on which the switch was opened. O. Reg. 67/93, s. 67.
68. (1) This section applies if it is not practicable to disconnect electrical installations, equipment or power lines from the power supply before working on, or near, the installations, equipment or power lines. O. Reg. 67/93, s. 68 (1).
(2) Only a competent person shall perform the work. O. Reg. 67/93, s. 68 (2).
(3) The worker shall use rubber gloves, mats, shields, electrical shock resistant footwear or other protective equipment and procedures adequate to ensure protection from electrical shocks and burns while performing the work. O. Reg. 67/93, s. 68 (3).
(4) If the installation, equipment or power line is operating at 300 volts or over but less than 750 volts, a suitably equipped, competent person who is able to perform rescue operations, including cardio-pulmonary resuscitation, shall be readily available and be able to see the worker who is performing the work. O. Reg. 67/93, s. 68 (4).
(5) If the installation, equipment or power line is operating at 750 volts or over,
(a) the work shall be carried out by a competent person under the authority of an electrical utility; and
(b) a suitably equipped, competent person who is able to perform rescue operations, including cardio-pulmonary resuscitation, shall be readily available and be able to see the worker who is performing the work. O. Reg. 67/93, s. 68 (5).
(6) Subsections (4) and (5) do not apply to troubleshooting, installing or replacing meters or to the testing of appliances or instruments by a worker who is an electrician certified under the Trades Qualification and Apprenticeship Act to do electrical work or a person with equivalent qualifications by training or experience. O. Reg. 67/93, s. 68 (6); O. Reg. 25/09, s. 7.
69. Cord-connected electrical equipment and tools shall be adequately grounded. O. Reg. 67/93, s. 69.
70. (1) When used outdoors or in wet locations, portable electrical tools shall be protected by a ground fault circuit interrupter installed at the receptacle or on the circuit at the electrical panel.
(2) If there is an indication of a ground fault, it shall be investigated and removed without delay. O. Reg. 67/93, s. 70.
71. Electrical equipment or power lines that are no longer used for the purpose for which they were intended or designed shall be isolated, de-energized and,
(a) removed; or
(b) left in place and locked out and permanently disconnected by removing the cables from their connections at both ends and cutting back or taping the cables. O. Reg. 67/93, s. 71.
72. (1) No object shall be brought closer to an energized electric conductor of the voltage set out in Column 1 of the following Table than the distance specified opposite to it in Column 2:
TABLE
Column 1 |
Column 2 |
Conductor Voltage |
Minimum Distance |
750 to 150,000 volts |
3 metres |
over 150,000 to 250,000 volts |
4.5 metres |
over 250,000 volts |
6 metres |
O. Reg. 67/93, s. 72 (1).
(2) Subsection (1) does not apply,
(a) if mats, shields or other protective devices adequate to ensure protection from electrical shocks and burns are installed under the authority of the owner of the conductor; and
(b) if the person who is responsible for bringing the object within the minimum distance is using procedures adequate to ensure protection from electrical shock and burns and is a worker who is an electrician certified under the Trades Qualification and Apprenticeship Act to do electrical work or a person with equivalent qualifications by training or experience. O. Reg. 67/93, s. 72 (2); O. Reg. 25/09, s. 8.
73. If a vehicle, crane or similar equipment is operated near a live power line and it is possible for any part of it or its load to make contact with the live power line,
(a) a worker shall be stationed within view of the operator to warn him or her when any part of the equipment is approaching the minimum distance from the live power line; and
(b) clearance shall be allowed for any changes in boom angle and for any swing of the hoisting cable and load. O. Reg. 67/93, s. 73.
74. (1) A storage cylinder for compressed gas shall,
(a) have a valve connection which prevents an inadvertent connection that would result in a hazardous mixture of gases;
(b) be secured in position during transportation, storage or use;
(c) not be rolled, slid or dropped;
(d) if designed for the use of a valve protection cap, have the valve protection cap in position when the cylinder is being transported or stored;
(e) if it contains acetylene, be in an upright position;
(f) be protected from physical damage;
(g) if it is empty, be labelled accordingly and have the valve securely turned off; and
(h) be stored in a well-ventilated area, away from any source of ignition.
(2) Subsection (1) does not apply to fire extinguishers or calibration equipment.
(3) A cylinder containing compressed flammable gas shall be stored,
(a) at least six metres from any cylinder containing oxygen; or
(b) with a barrier of noncombustible material at least 1.5 metres high having a fire resistance rating of at least one-half hour separating it from any cylinder containing oxygen.
(4) The area where compressed gas cylinders are stored shall be posted as a no smoking area and no person shall smoke in the area. O. Reg. 67/93, s. 74.
75. In sections 76 through 79, “material handling equipment” and “lifting equipment” do not include,
(a) equipment to which Ontario Regulation 209/01 (Elevating Devices), made under the Technical Standards and Safety Act, 2000, applies; or
(b) equipment used to lift, lower or transfer a person who is not a worker. O. Reg. 67/93, s. 75; O. Reg. 25/09, s. 9.
76. (1) Material handling equipment shall not be used to support, raise or lower a worker unless the requirements of this section are met.
(2) If material handling equipment is used to support, raise or lower a worker, the worker shall be on a platform that is,
(a) equipped with adequate safety devices that automatically prevent the platform and load from falling if the platform’s normal support fails;
(b) suspended from a boom that does not move; or
(c) attached to a mast or boom which,
(i) is hydraulically or pneumatically operated, and
(ii) is equipped with a safety device that will prevent free fall of the platform in the event of a pressure line failure.
(3) A worker on a platform that is suspended from a boom that does not move shall be attached to a separate lifeline suspended from the boom or a fixed support capable of supporting at least four times the weight of the worker.
(4) If the material handling equipment is not designed for the specific purpose of hoisting personnel, the load applied to it shall be less than one-half the maximum rated load.
(5) The platform shall have a sign indicating the load that may be applied to it under subsection (4).
(6) If controls are provided at more than one location,
(a) each control station shall be provided with means that allow the operator to cut off power to the equipment; and
(b) interlocks shall be provided so that only one station can be operative at any one time.
(7) Except when the controls are operated from the platform, a worker other than the worker on the platform shall attend to and operate them. O. Reg. 67/93, s. 76.
77. If a worker who is operating material handling equipment is exposed to overhead hazards and adequate protection from the hazards is not provided by the use of personal protective equipment, overhead protection by means of a cab, screen, canopy, guard or other adequate protection shall be provided on the equipment. O. Reg. 67/93, s. 77.
78. Except for purpose of testing, no material handling equipment shall be loaded in excess of its maximum rated load. O. Reg. 67/93, s. 78.
79. (1) Lifting equipment shall be thoroughly examined by a competent person to determine its capability of handling the maximum load as rated,
(a) before being used for the first time; and
(b) thereafter as often as necessary but not less frequently than recommended by the manufacturer and, in any case, at least once a year.
(2) A permanent record shall be kept of each examination conducted under subsection (1) for as long as the equipment remains on the premises and for one year after the equipment is removed and the record shall be signed by the person who conducted it.
(3) Lifting equipment shall be clearly marked with sufficient information to enable its operator to determine the maximum rated load that the equipment is capable of lifting under any operating condition.
(4) If lifting equipment is equipped with limit switches, the switches shall,
(a) automatically cut off the power;
(b) automatically apply the brake when a load reaches its permissible limit; and
(c) be used as an operating control only when designed for such use.
(5) If a limit switch is used as an operating control on lifting equipment, a second limit switch shall be located behind the first switch.
(6) The lifting equipment’s controls shall be attended when its load is in the raised position.
(7) Lifting equipment shall be attended when the forks, bucket, blades or similar part is in the raised position unless,
(a) the equipment is a hydraulic or pneumatic hoist that supports the load from below and is fixed in one location; or
(b) the forks, bucket, blades or similar part is solidly supported. O. Reg. 67/93, s. 79.
80. (1) Except for a step stool, a worker shall not stand upon a chair, box or other loose object while working.
(2) A chair, box or other loose object shall not be used to support a ladder, scaffold or working platform. O. Reg. 67/93, s. 80.
81. The maximum length of a ladder measured along the side rail shall not be more than,
(a) six metres for a step-ladder;
(b) nine metres for a single ladder; and
(c) thirteen metres for an extension or sectional ladder. O. Reg. 67/93, s. 81.
82. (1) A ladder shall,
(a) have adequate strength, stiffness and stability to support any load likely to be applied to it;
(b) be free from broken or loose members or other faults;
(c) have rungs evenly spaced; and
(d) be equipped with slip-resistant feet.
(2) A wooden ladder shall not be painted or coated with an opaque material. O. Reg. 67/93, s. 82.
83. When a ladder is being used it shall,
(a) be placed on a firm footing and secured against slipping;
(b) if the ladder is between six and nine metres in length, be securely fastened or be held in place by one or more workers while being used;
(c) if the ladder exceeds nine metres in length, be securely fastened or stabilized to prevent it from tipping or falling;
(d) when not securely fastened, be inclined so that the horizontal distance from the top support to the foot of the ladder is not less than one-quarter and not more than one-third of the length of the ladder; and
(e) if the ladder is likely to be endangered by traffic, have a worker stationed at its foot to direct such traffic or have barriers or warning signs placed at its foot. O. Reg. 67/93, s. 83.
84. (1) When a step-ladder is being used as a self-supporting unit, its legs shall be fully spread and the spreader shall be locked.
(2) No worker shall stand on the top of a step-ladder or shall use the pail shelf as a step. O. Reg. 67/93, s. 84.
85. If work cannot be done from a ladder without hazard to a worker, a scaffold shall be provided for the worker. O. Reg. 67/93, s. 85.
86. Only a competent person shall supervise the erection, alteration and dismantling of a scaffold. O. Reg. 67/93, s. 86.
87. (1) Every scaffold shall be capable of supporting,
(a) two times the maximum load to which it is likely to be subjected, without exceeding the allowable unit stresses for the particular materials used; and
(b) four times the maximum load to which it is likely to be subjected, without overturning.
(2) No scaffold shall be loaded in excess of the maximum load it could reasonably be expected to support and not in excess of the maximum load set out in clauses (1) (a) and (b).
(3) The requirements in this section and in section 88 do not apply to a suspended scaffold. O. Reg. 67/93, s. 87.
88. (1) Every scaffold shall,
(a) be constructed of suitable structural material;
(b) have horizontal members that are adequately secured to prevent lateral movement and that do not have splices between the points of support;
(c) have footings, sills or supports that are sound, rigid and capable of supporting at least two times the maximum load to which the scaffold is likely to be subjected without settlement or deformation that may affect the stability of the scaffold;
(d) where it consists of a structural system of tubular metal frames, have connecting devices between components that provide positive engagement in compression and tension;
(e) have all fittings, gear, base plates and wheels installed according to the manufacturer’s instructions;
(f) have safety catches on all hooks;
(g) be adequately secured at vertical intervals not exceeding three times the least lateral dimension of the scaffold, measured at the base, to prevent lateral movement;
(h) where lumber is used in its construction, be constructed only of Construction Grade spruce or Number 1 Grade spruce; and
(i) have all uprights braced diagonally in the horizontal and vertical planes to prevent lateral movement.
(2) If a scaffold is more than fifteen metres in height, it shall be designed by a professional engineer and constructed in accordance with the design. O. Reg. 67/93, s. 88.
89. A scaffold mounted on castors or wheels, other than a movable working platform to which subsection 94 (1) applies, shall,
(a) have a height which does not exceed three times the least lateral dimension of the scaffold,
(i) measured at the base, or
(ii) measured between the outriggers;
(b) be equipped with a suitable braking device on each castor or wheel; and
(c) have the brakes applied when,
(i) any worker is on the scaffold or the working platform of the scaffold, or
(ii) the scaffold is unattended. O. Reg. 67/93, s. 89.
90. The working platform of a scaffold shall,
(a) be designed, constructed and maintained to support all loads to which it may be subjected without exceeding the allowable unit stresses for the materials used, and in any event shall support not less than 2.4 kilonewtons per square metre;
(b) be at least forty-six centimetres in width;
(c) be provided, at each open side and at the ends of the platform, with guardrails that comply with section 37;
(d) if the platform consists of sawn lumber planks, have planks of Number 1 Grade spruce that,
(i) bear a legible grade identification stamp or bear a permanent grade identification mark,
(ii) are at least forty-eight millimetres in thickness by 250 millimetres in width with a span not exceeding 2.1 metres,
(iii) overhang their supports by not less than 150 millimetres and not more than 300 millimetres, and
(iv) are cleated or otherwise secured against slipping; and
(e) if the platform required consists of planks manufactured of laminated wood, metal or a combination of materials, consist of planks tested in accordance with good engineering practice to demonstrate structural equivalence to the sawn lumber planks specified in clause (d). O. Reg. 67/93, s. 90.
91. (1) This section applies to,
(a) a suspended scaffold that is permanently installed on a building or structure;
(b) a suspended scaffold that is transported in component form and is assembled for use at a work site;
(c) a boatswain’s chair or single-point suspension equipment intended for the support of one worker; and
(d) the supports and equipment for a suspended scaffold or boatswain’s chair, including lines, outrigger beams, davits, receptacles for outrigger beams or davits, cornice hooks, parapet wall hooks and anchors for attachment of primary suspension lines or lifelines.
(2) A worker who is on or is getting on or off a suspended scaffold, boatswain’s chair or similar single-point suspension equipment shall be protected by a fall arrest system that meets the requirements of section 13.
(3) All mechanically or electrically operated equipment described in subsection (1) shall,
(a) be suitable for the purpose for which it is used;
(b) have legible operating and maintenance instructions of the manufacturer affixed to the equipment in a conspicuous location;
(c) be operated, inspected and maintained in accordance with the manufacturer’s instructions;
(d) be used only in a manner which does not endanger a worker; and
(e) not be used when a component, which may affect its safe operation, is damaged or defective.
(4) Primary suspension lines and lifelines used in connection with equipment described in subsection (1) shall,
(a) be rigged in accordance with generally accepted rigging practice;
(b) be rigged so that each line hangs vertically from the roof or access level to the ground or egress level of a worker using the line;
(c) have a breaking strength of at least ten times the static load that the line is intended to bear;
(d) have each connecting end wrapped around a protective thimble and securely fastened,
(i) by means of a swagged fitting or eye splice if applied by the manufacturer of the line, or
(ii) if the line is a wire rope, by a minimum of three clamps; and
(e) be inspected before each day’s use by a competent person who shall report any defects or damage to a supervisor.
(5) Primary suspension lines and lifelines used in connection with equipment described in subsection (1) shall not be used when they are defective or damaged.
(6) A worker on a suspended scaffold, boatswain’s chair or similar single-point suspension equipment shall have an effective means of summoning assistance in case of emergency. O. Reg. 67/93, s. 91.
92. (1) A boatswain’s chair or similar single-point suspension equipment shall,
(a) have a seat at least 600 millimetres long and 250 millimetres wide of one piece construction capable of supporting 225 kilograms;
(b) be supported by a sling constructed of a wire rope of at least nine millimetres that crosses underneath the seat;
(c) not be used where the descent exceeds ninety metres;
(d) only be used for areas within arm’s reach of a worker freely suspended on the primary support line; and
(e) not be used in conjunction with corrosive substances or solutions.
(2) A natural or synthetic line used as primary support line for a boatswain’s chair or other similar single-point suspension equipment shall be,
(a) doubled from the anchor point or point of suspension of the line to ground or egress level;
(b) permanently identified with,
(i) the name of the manufacturer of the line,
(ii) the date of the manufacture of the line, and
(iii) the length of the line;
(c) protected from abrasion;
(d) used only with a descent control or similar device,
(i) approved by the manufacturer of the descent control or similar device for use in window cleaning operations, and
(ii) in accordance with the installation, operating and maintenance instructions of the manufacturer of the descent control or similar device, which instructions shall be kept available for the inspection of an inspector;
(e) discarded when no longer safe for use or in accordance with the manufacturer’s recommendations, whichever occurs first; and
(f) tested by a recognized testing laboratory at least once every twelve months for compliance with clause 91 (4) (c), and, if found not in compliance, discarded. O. Reg. 67/93, s. 92.
93. (1) Static or horizontal lines rigged between anchor points for direct attachment of lifelines or primary support lines shall meet the requirements of this section.
(2) A professional engineer shall,
(a) instruct on the use of the static or horizontal lines and primary support lines; and
(b) certify the maximum load to be applied to them.
(3) The support capability of an anchor point shall exceed the total breaking strength of all support lines attached to it.
(4) Outrigger beams, cornice hooks and parapet wall hooks for support of primary support lines shall,
(a) be capable of supporting at least four times the maximum load to which they may be subjected without overturning and without exceeding the allowable unit stress for the materials of which they are constructed;
(b) be constructed of steel or aluminum or equivalent material; and
(c) be tied back to a fixed support so as to prevent their movement.
(5) Outrigger beams for support of primary support lines shall,
(a) have counterweights,
(i) that are manufactured for the purpose,
(ii) that are marked as to weight, and
(iii) that are securely attached to the outrigger beam;
(b) be accompanied by the supplier’s or manufacturer’s instructions indicating the number of counterweights that are necessary for the arrangements of the beam and the load that the beam can bear for each arrangement; and
(c) if positioned on a rolling undercarriage, have the undercarriage fixed to prevent the counterweights from moving while a worker is suspended by the primary support lines. O. Reg. 67/93, s. 93.
94. (1) A movable working platform operated by mechanical or electric power, including an elevating rolling scaffold and a self-propelled elevating scaffold or work platform, shall,
(a) be designed by a professional engineer in accordance with good engineering practice to support,
(i) two times the maximum load to which it may be subjected without exceeding the allowable unit stresses for the materials used, and
(ii) four times the maximum load to which it may be subjected without overturning;
(b) be constructed and maintained in accordance with the design of the professional engineer;
(c) be capable of supporting two times the maximum load to which it may be subjected without exceeding the allowable unit stresses for the materials used;
(d) be provided with guardrails that comply with the requirements of section 37;
(e) be fitted with signs indicating the safe working load;
(f) if equipped with outriggers, have a notice indicating the circumstances when the outriggers shall be used;
(g) be equipped with a fail safe mechanism for the elevating power system in the case of a power source or system failure;
(h) be equipped with a dead man control that will cut the power off from the operating mechanism unless the control regulating the power is continuously operated by a worker; and
(i) have each component which may affect its safe operation inspected by a competent person,
(i) before initial use, and
(ii) after initial use, as often as necessary but not less frequently than recommended by the manufacturer and, in any case, at least once a year.
(2) A movable working platform of the type described in subsection (1)shall not be used when a component that may affect its safe operation is defective.
(3) This section does not apply to a suspended scaffold. O. Reg. 67/93, s. 94.
95. A process that is likely to produce dust, fume, gas or vapour to such an extent as to be capable of forming an explosive mixture when mixed with air shall be carried out,
(a) in an area that has provision for the disposal of the mixture by burning under controlled conditions; or
(b) in another area if,
(i) the area is identified by a sign warning of the hazard,
(ii) the area is isolated from other operations,
(iii) the area has a system of ventilation adequate to ensure that the dust, fume, gas or vapour does not reach a hazardous concentration,
(iv) the area has no potential sources of ignition,
(v) any heating or air vents leading to other areas have baffles, chokes or dampers to reduce the effects of any explosion, and
(vi) the area has provision for explosion venting. O. Reg. 67/93, s. 95.
96. Where anaesthetic gases are likely to be present, the following measures and procedures shall be put into effect:
1. The installation of effective scavenging systems to collect, remove and dispose of waste gases.
2. The installation and use of anaesthesia respirators and machines to reduce contamination of the air in the room during administration of anaesthetic gases.
3. The implementation and use of a maintenance program for scavenging systems and anaesthesia respirators and machines and for inspecting for leakage on a monthly basis.
4. The adoption and use of proper work practices to reduce contamination of the room air during the administration of anaesthetic gases.
5. The regular maintenance of the ventilation system including filters. O. Reg. 67/93, s. 96.
97. (1) The employer shall, in consultation with the joint health and safety committee or health and safety representative, if any, develop, establish and put into effect written measures and procedures to protect workers who may be exposed to antineoplastic agents or to material or equipment contaminated with antineoplastic agents.
(2) The measures and procedures required by subsection (1) shall include,
(a) procedures for the storing, preparing, handling, using, transporting and disposing of antineoplastic agents and material contaminated with antineoplastic agents;
(b) emergency procedures to be followed in the event of a worker’s exposure to antineoplastic agents by a needle puncture, inhalation or skin contact;
(c) procedures for the maintenance and disposal of equipment contaminated with antineoplastic agents;
(d) measures for the use of engineering controls, work practices, hygiene practices and facilities or personal protective equipment appropriate in the circumstances; and
(e) measures for the use of an appropriate biological safety cabinet for the preparation of antineoplastic agents.
(3) The employer shall provide training and instruction in the measures and procedures described in subsection (2) to workers who may be exposed to antineoplastic agents or to material or equipment contaminated with antineoplastic agents. O. Reg. 67/93, s. 97.
98. In sections 99, 100 and 101,
“flammable liquid” means any liquid having a flash point below 37.8 degrees Celsius and a vapour pressure below 275 kilopascals absolute at 37.8 degrees Celsius. O. Reg. 67/93, s. 98.
99. (1) Flammable liquids shall be handled in such a manner so as to prevent the hazard of explosion or fire.
(2) Flammable liquids shall be,
(a) dispensed, removed from any potential source of ignition;
(b) if dispensed indoors, dispensed in an area equipped with ventilation adequate to remove any hazardous concentration of fume or vapour;
(c) transported in containers that prevent any leakage or spillage of the liquids or in containers equipped with spring-loaded caps; and
(d) handled in a manner that prevents any leakage or spillage of the liquids, if such leakage or spillage would result in exposing the liquids to a proximate source of potential ignition that cannot be eliminated.
(3) If flammable liquid is being dispensed from a holding container, the dispensing equipment, the containers from which the flammable liquid is dispensed and the containers into which the flammable liquid is to be placed shall be bonded and grounded so as to prevent any explosion hazard. O. Reg. 67/93, s. 99.
100. (1) Flammable liquids shall be brought into a workplace only if the liquids are contained in,
(a) sealed containers;
(b) containers that prevent any leakage or spillage of the liquids; or
(c) containers equipped with a flame arrester.
(2) If flammable liquids are brought into a workplace in sealed containers, the containers shall remain sealed until the contents or a portion of the contents is required for immediate use.
(3) After the flammable liquids that were brought into a workplace in sealed containers have been used, the remaining contents of the containers and any unused quantities of the flammable liquids shall be stored,
(a) in containers that prevent any leakage or spillage of the liquids; or
(b) in containers equipped with a spring-loaded cap. O. Reg. 67/93, s. 100.
101. (1) If more than 235 litres of flammable liquids are being stored, the liquids shall be stored,
(a) outdoors, remote from any means of egress:
(b) in a building used solely for the storage of flammable liquids; or
(c) within a workplace, in a storage room that is used solely for the storage of flammable liquids and that complies with subsection (2).
(2) The storage room shall,
(a) be separated from the rest of the building with partitions that have at least a one-hour fire resistance rating;
(b) be equipped with,
(i) liquid-tight seals between interior walls and the floor and a liquid-tight ramped sill at any door opening in an interior wall, or
(ii) other means to prevent leakage or spillage of the flammable liquid from the storage room to another part of the workplace in the building;
(c) be equipped with doors that are side hinged to swing outward and that are self-closing;
(d) be equipped with a drain connected to a holding tank of sufficient capacity to contain any possible leakage or spillage;
(e) be provided with a ventilation system that is adequate to render the atmosphere free of any accumulation of hazardous gas or vapour; and
(f) if the flammable liquids are in opened containers or have flash points below 22.8 degrees Celsius and boiling points below 37.8 degrees Celsius,
(i) be equipped with a spark-resistant floor,
(ii) be equipped with adequate explosion venting to the outdoors, and
(iii) have no potential source of ignition.
(3) If the quantity of flammable liquids to be stored indoors is 235 litres or less, the liquids shall be stored,
(a) in sealed containers of no more than twenty-three litres capacity each; or
(b) subject to section 106, in a metal cabinet of double-walled construction with a 3-point door latch and a liquid-tight door sill raised at least fifty-five millimetres above the floor. O. Reg. 67/93, s. 101.
102. (1) An internal combustion engine shall be fuelled,
(a) outside a building;
(b) only when the engine is shut off; and
(c) only if any source of ignition is more than three metres from the dispensing point.
(2) Subsection (1) does not apply to generators for emergency electrical power.
(3) A worker who is fuelling an internal combustion engine shall make an allowance for the possible expansion of the fuel due to the exposure of the equipment to higher surrounding temperature. O. Reg. 67/93, s. 102.
103. (1) Materials, articles or things shall be handled, stored and disposed of in a manner that will not cause a hazard.
(2) Materials, articles or things shall be transported, placed or stored so that they will not tip, collapse or fall and so that they can be removed or withdrawn without endangering the safety of any worker. O. Reg. 67/93, s. 103.
104. A container used to store, transport or dispense a hazardous material shall be,
(a) adequate to protect the worker from the substance contained in it; and
(b) protected from physical damage. O. Reg. 67/93, s. 104.
105. Incubators, refrigerators and deep freeze units used to store cultures, specimens or biological ampules shall be identified as biohazardous. O. Reg. 67/93, s. 105.
106. Flammable materials that require refrigeration shall be stored in an explosion-proof refrigerator. O. Reg. 67/93, s. 106.
107. Bottles and test tubes shall be transported in racks or containers that prevent them from breaking, leaking or spilling their contents and that protect workers from exposure to the contents. O. Reg. 67/93, s. 107.
108. Workbenches, shelves, fume hoods and safety cabinets shall have adequate space for a worker to perform the work safely. O. Reg. 67/93, s. 108.
109. (1) In a laboratory, appropriate disinfectants and decontaminants shall be provided and used to clean workbench, fume hood and safety cabinet surfaces and floors.
(2) In a laboratory where spills of a hazardous material are likely to occur, workbench, fume hood and safety cabinet surfaces and floors shall consist of a smooth nonporous or impervious material. O. Reg. 67/93, s. 109.
110. A piping system that contains a substance which is hazardous because of its toxicity, temperature, pressure, flammability, or other property, shall have its contents and direction of flow clearly identified,
(a) at valves and fittings;
(b) in locations where a pipe passes through a wall or floor; and
(c) where circumstances may make its contents or direction of flow doubtful. O. Reg. 67/93, s. 110.
111. (1) A room used for storing laundry or janitorial materials and equipment shall be maintained in accordance with good hygiene practices.
(2) Janitorial work that may cause dusty conditions shall be done in a manner that will minimize the contamination of air by dust. O. Reg. 67/93, s. 111.
112. Waste materials shall be removed from work areas in a building as often as is necessary to protect the health and safety of workers. O. Reg. 67/93, s. 112.
113. (1) Objects referred to in subsection (2) that are being discarded as waste materials shall be placed in puncture-resistant containers.
(2) Subsection (1) applies to needles, knives, scissors, scalpels, broken glass or other sharp objects that are capable of cutting or penetrating the skin or any part of a worker’s body. O. Reg. 67/93, s. 113.
114. (1) Used needles that are being discarded as waste material shall be discarded, immediately after use and without being bent or recapped, into a puncture-resistant container.
(2) If it is impracticable to discard used needles in accordance with subsection (1),
(a) the employer shall provide a device or equipment that protects workers from being accidentally punctured while they are recapping used needles; and
(b) the needles shall be recapped using the device or equipment described in clause (a) by workers who have received instruction and training in the use of that device or equipment.
(3) The kind of device or equipment provided under clause (2) (a) shall be chosen by the employer after consulting with the joint health and safety committee or health and safety representative, if any, and after considering their recommendations. O. Reg. 67/93, s. 114.
115. Containers that are used for storing liquid hazardous waste in a workplace shall,
(a) be equipped with a tight-fitting cover;
(b) be leak-proof;
(c) if there may be internal pressure in the container, be designed so that the pressure is relieved by controlled ventilation; and
(d) shall be emptied daily or as the circumstances may reasonably require. O. Reg. 67/93, s. 115.
116. (1) This section applies to all waste materials at a facility other than those waste materials generated in office administration or general building maintenance at the facility.
(2) The employer in consultation with the joint health and safety committee or health and safety representative, if any, shall develop, establish and put into effect measures and procedures to ensure that waste materials contaminated or potentially contaminated with hazardous infectious agents that are likely to endanger the health or safety of a worker are collected, contained, identified, transported, handled, stored and treated in a manner that will not endanger the health or safety of a worker.
(3) The employer shall ensure that a worker who generates, collects, transports, handles or treats contaminated or potentially contaminated waste materials is trained in the measures and procedures referred to in subsection (2). O. Reg. 67/93, s. 116.
117. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 67/93, s. 117.
Number of Regulation in Revised Regulations of Ontario, 1990 |
Title |
833 |
Control of Exposure to Biological or Chemical Agents |
835 |
Designated Substance — Acrylonitrile |
836 |
Designated Substance — Arsenic |
837 |
Designated Substance — Asbestos |
839 |
Designated Substance — Benzene |
840 |
Designated Substance — Coke Oven Emissions |
841 |
Designated Substance — Ethylene Oxide |
842 |
Designated Substance — Isocyanates |
843 |
Designated Substance — Lead |
844 |
Designated Substance — Mercury |
845 |
Designated Substance — Silica |
846 |
Designated Substance — Vinyl Chloride |
O. Reg. 631/05, s. 3.
Note: On July 1, 2010, Table 1 is revoked. See: O. Reg. 495/09, ss. 2, 3.
Occupational Health and Safety Act
O. Reg. 67/93, Form 1.