O. Reg. 145/00: CONSTRUCTION PROJECTS

filed March 3, 2000 under Occupational Health and Safety Act, R.S.O. 1990, c. O.1

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ONTARIO REGULATION 145/00

made under the

Occupational Health and Safety Act

Made: March 1, 2000
Filed: March 3, 2000

Amending O. Reg. 213/91

(Construction Projects)

Note: Since the end of 1998, Ontario Regulation 213/91 has been amended by Ontario Regulations 143/99 and 571/99. Previous amendments are listed in the Table of Regulations in the Statutes of Ontario, 1998.

1. (1) The definition of “adequate” in subsection 1 (1) of Ontario Regulation 213/91 is revoked and the following substituted:

“adequate”, in relation to a procedure, material, device, object or thing, means,

(a) sufficient for both its intended and its actual use, and

(b) sufficient to protect a worker from occupational illness or occupational injury,

and “adequately” has a corresponding meaning;

(2) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“approved”, in relation to a form, means approved by the Minister;

“blocker truck” means a truck that weighs at least 6,800 kilograms and has four–way flashers and a mounted flashing arrowboard sign;

“Building Code” means Ontario Regulation 403/97 made under the Building Code Act, 1992;

(3) The definition of “Construction Health and Safety Branch” in subsection 1 (1) of the Regulation is revoked.

(4) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“crash truck” means a blocker truck that is equipped with a crash–attenuating device;

(5) The definition of “fall arrest system” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“fall arrest system” means an assembly of components joined together so that when the assembly is connected to a fixed support, it is capable of arresting a worker’s fall;

(6) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“fall restricting system” means a type of fall arrest system that has been designed to limit a worker’s fall to a specified distance;

“fixed support” means a permanent or temporary structure or a component of such a structure that can withstand all loads and forces the structure or component is intended to support or resist and is sufficient to protect a worker’s health and safety, and includes equipment or devices that are securely fastened to the structure or component;

“freeway” means a controlled–access highway that has a continuous dividing median and a normal posted speed limit of 90 kilometres per hour or more;

(7) The definition of “guardrail” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“guardrail system” means an assembly of components joined together to provide a barrier to prevent a worker from falling from the edge of a surface;

(8) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“highway” means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles;

“longitudinal buffer area” means the area of a project between the end of a lane closure taper and the start of a work area;

(9) The definition of “public way” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“public way” means a highway or other street, avenue, parkway, driveway, square, place, bridge, viaduct, or other open space to which the public has access, as of right or by expressed or implied invitation;

(10) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“roadway” means the travelled portion of a highway;

(11) The definition of “safety net” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“safety net” means a safety net that complies with section 26.8, and is located and supported in such a way that it arrests the fall of a worker who may fall into it without endangering the worker;

(12) The definition of “sheathing” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“sheathing” means the members of shoring that are placed up against the walls of an excavation to directly resist the pressure exerted from the walls of the excavation;

(13) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“sign truck” means a vehicle that has,

(a) four–way flashers and a mounted flashing arrowboard sign, or

(b) a portable trailer with a mounted flashing arrowboard sign;

“tower crane” means a travelling, fixed or climbing mechanical device or structure that has,

(a) a boom, a jib or both,

(b) a power–driven drum and wire rope to raise, lower or move material, and

“travel restraint system” means an assembly of components capable of restricting a worker’s movement on a work surface and preventing the worker from reaching a location from which he or she could fall;

(14) The Table to subsection 1 (2) of the Regulation is amended by adding the following row after “Short forms” and “Corresponding terms”:

ANSI American National Standards Institute

2. Section 4 of the Regulation is amended by striking out “The Director of the Construction Health and Safety Branch” and substituting “A Director”.

3. Section 5 of the Regulation is revoked and the following substituted:

5. (1) Before beginning work at a project, each constructor and employer engaged in construction shall complete an approved registration form.

(2) The constructor shall ensure that,

(a) each employer at the project provides to the constructor a completed approved registration form; and

(b) a copy of the employer’s completed form is kept at the project while the employer is working there.

4. Subsections 6 (2), (3), (4), (5), (6) and (7) of the Regulation are revoked and the following substituted:

(2) The constructor shall comply with subsection (3) or (4) before beginning work at the project.

(3) The constructor shall complete an approved notification form and file it at the Ministry office located nearest to the project.

(4) If the constructor believes that the work at the project will not take more than 14 days, the constructor may provide the relevant information to an inspector at the Ministry office located nearest to the project,

(a) by faxing the completed form to the inspector; or

(b) by providing the information that would be required to complete the form to the inspector by telephone.

(5) Despite subsection (2), the constructor may begin work at a project before complying with subsection (3) or (4) if the following conditions are met:

1. It is necessary to do the work immediately to prevent injury to people or damage to property.

2. Before beginning the work, the constructor gives an inspector notice of the information required in the form by telephone or fax.

(6) The constructor shall keep the completed notification form posted in a conspicuous place at the project or available at the project for review by an inspector.

5. Section 7 of the Regulation is revoked and the following substituted:

7. If section 6 does not apply to a project but the project includes work on a trench more than 1.2 metres deep into which a worker may enter, the constructor shall, before any work at the project is begun, give notice in person, by telephone or by fax to the Ministry office located nearest to the project.

6. Clause 8 (g) of the Regulation is amended by striking out “the physician or surgeon, if any” and substituting “any legally qualified medical practitioner”.

7. (1) Clause 9 (1) (g) of the Regulation is revoked and the following substituted:

(g) the name and address of any legally qualified medical practitioner by whom the worker was or is being attended for the injury or illness;

(g.1) the name and address of each medical facility, if any, where the worker was or is being attended for the injury or illness; and

(2) Subsection 9 (2) of the Regulation is revoked and the following substituted:

(2) A notice under subsection 52 (2) of the Act (information and particulars respecting a worker’s occupational illness) shall contain the following information:

1. The employer’s name, address and type of business.

2. The nature of the illness.

3. The worker’s name and address.

4. The name and address of any legally qualified medical practitioner by whom the worker was or is being attended for the illness.

5. The name and address of each medical facility, if any, where the worker was or is being attended for the illness.

6. A description of the steps taken to prevent a recurrence.

8. Subsection 12 (2) of the Regulation is revoked and the following substituted:

(2) A constructor or employer who submits a report under subsection 51 (1) of the Act (notice of death or injury) or gives a notice under section 52 or 53 of the Act (notice of accident, etc.) shall also provide, within 14 days after the occurrence, a professional engineer’s written opinion stating the cause of the occurrence.

9. Clause 13 (1) (c) of the Regulation is revoked and the following substituted:

10. Section 15 of the Regulation is amended by adding the following subsection:

(2) The supervisor shall supervise the work at all times either personally or by having an assistant, who is a competent person, do so personally.

11. Sections 16, 17 and 18 of the Regulation are revoked and the following substituted:

16. At a project, no person younger than 16 years of age shall,

(a) be employed in or about the workplace; or

(b) be permitted to be present in or about the workplace while work is being performed.

17. (1) A constructor shall establish for a project written procedures to be followed in the event of an emergency and shall ensure that the procedures are followed at the project.

(2) The constructor shall review the emergency procedures with the joint health and safety committee or the health and safety representative for the project, if any.

(3) The constructor shall ensure that the emergency procedures are posted in a conspicuous place at the project.

18. The constructor shall ensure that every worker at the project has ready access to a telephone, two–way radio or other system of two–way communication in the event of an emergency.

12. Section 26 of the Regulation is revoked and the following substituted:

26. Sections 26.1 to 26.10 apply where a worker is exposed to any of the following hazards:

1. Falling more than 3 metres.

2. Falling more than 1.2 metres, if the work area is used as a path for a wheelbarrow or similar equipment.

3. Falling into operating machinery.

4. Falling into water or another liquid.

5. Falling into or onto a hazardous substance or object.

6. Falling through an opening on a work surface.

26.1 (1) A worker shall be adequately protected by a guardrail system that meets the requirements of subsections 26.3 (2) to (8).

(2) Despite subsection (1), if it is not reasonably possible to install a guardrail system as that subsection requires, a worker shall be adequately protected by at least one of the following methods of fall protection:

1. A travel restraint system that meets the requirements of section 26.4.

2. A fall restricting system that meets the requirements of section 26.5.

3. A fall arrest system that meets the requirements of section 26.6.

4. A safety net that meets the requirements of section 26.8.

(3) The components of any system listed in subsection (2) shall be designed by a professional engineer in accordance with good engineering practice, and shall meet the requirements of any of the following National Standards of Canada standards that are applicable:

1. CAN/CSA–Z259.1–M99: Safety Belts and Lanyards.

2. CAN/CSA–Z259.2.1–M98: Fall Arresting Devices and Vertical Lifelines.

3. CAN/CSA–Z259.2.2–M98: Self–Retracting Devices for Personal Fall Arrest Systems.

4. CAN/CSA–Z259.2.3–M98: Descent Control Devices.

5. CAN/CSA–Z259.10–M90: Full Body Harnesses.

6. CAN/CSA–Z259.11–M92: Shock Absorbers for Personal Fall Arrest Systems.

(4) Before any use of a fall arrest system or a safety net by a worker at a project, the worker’s employer shall develop written procedures for rescuing the worker after his or her fall has been arrested.

13. The Regulation is amended by adding the following section:

26.2 (1) An employer shall ensure that a worker who may use a fall protection system is adequately trained in its use and given adequate oral and written instructions by a competent person.

(2) The employer shall ensure that the person who provides the training and instruction referred to in subsection (1) prepares a written training and instruction record for each worker and signs the record.

(3) The training and instruction record shall include the worker’s name and the dates on which training and instruction took place.

(4) The employer shall make the training and instruction record for each worker available to an inspector on request.

14. The Regulation is amended by adding the following sections:

26.3 (1) Despite paragraph 1 of section 26, a guardrail system that meets the requirements of this section shall be used if a worker has access to the perimeter or an open side of any of the following work surfaces and is exposed to a fall of 2.4 metres or more:

1. A floor, including the floor of a mezzanine or balcony.

2. The surface of a bridge.

3. A roof while formwork is in place.

4. A scaffold platform or other work platform, runway or ramp.

(2) One of the following precautions shall be used to prevent a worker from falling through an opening on a work surface:

1. A guardrail system that meets the requirements of this section.

2. A protective covering that,

i. completely covers the opening,

ii. is securely fastened,

iii. is adequately identified as covering an opening,

iv. is made from material adequate to support all loads to which the covering may be subjected, and

v. is capable of supporting a live load of at least 2.4 kilonewtons per square metre without exceeding the allowable unit stresses for the material used.

(3) The guardrail system or protective covering required under subsection (1) or (2) may be removed temporarily to perform work in or around the opening if a worker is adequately protected and signs are posted in accordance with subsections 44 (1) and (2).

(4) The following are the specifications for a guardrail system:

1. It shall have a top rail, an intermediate rail and a toe board.

2. The intermediate rail may be replaced by material that can withstand a point load of 450 newtons applied in a lateral or vertical downward direction.

3. The top of the guardrail system shall be located at least 0.9 metres but not more than 1.1 metres above the surface on which the system is installed.

4. The toe board shall extend from the surface to which the guardrail system is attached to a height of at least 100 millimetres or, if the toe board is made of wood, at least 89 millimetres.

5. If the guardrail system is located at the perimeter of a work surface, the distance between the edge of the surface and the guardrail system shall not be greater than 300 millimetres.

(5) A guardrail system shall be capable of resisting anywhere along the length of the system the following loads when applied separately, without exceeding the allowable unit stress for each material used:

1. A point load of 675 newtons applied in a lateral direction to the top rail.

2. A point load of 450 newtons applied in a vertical downward direction to the top rail.

3. A point load of 450 newtons applied in a lateral or vertical downward direction to the intermediate rail, or midway between the top rail and the toe board.

4. A point load of 225 newtons applied in a lateral direction to the toe board.

(6) If the distance between any two adjacent posts of the guardrail system is greater than 2.4 metres, the system shall be capable of resisting the loads specified in subsection (5) increased in proportion to the greater distance between the posts.

(7) The following additional requirements apply to a guardrail system that is made of wood:

1. The wood shall be spruce, pine or fir (S–P–F) timber of construction grade quality or better.

2. The wood shall be free of sharp objects such as splinters and protruding nails.

3. The system shall have posts that are at least 38 millimetres by 89 millimetres, are securely fastened to the surface and are spaced at intervals of not more than 2.4 metres.

4. The top rail and the intermediate rail shall each be at least 38 millimetres by 89 millimetres.

(8) The following additional requirements apply to a guardrail system that is made of wire rope:

1. The top rail and intermediate rail shall be made of wire rope that is at least 10 millimetres in diameter, and the rope shall be kept taut by a turnbuckle.

2. The outward deflection of the top rail and intermediate rail resulting from the loads specified in subsection (5) shall not extend beyond the edge of a work surface.

3. The system shall have vertical separators at intervals of not more than 2.4 metres and horizontal supports at intervals of not more than 9 metres.

4. The intermediate rail shall be located midway between the top rail and the toe board.

26.4 (1) A travel restraint system shall consist of a full body harness with adequate attachment points or a safety belt.

(2) The full body harness or safety belt shall be attached by a lifeline or lanyard to a fixed support that meets the requirements of section 26.7.

(3) The travel restraint system shall be inspected by a competent worker before each use.

(4) If a component of the travel restraint system is found to be defective on inspection, the defective component shall immediately be taken out of service.

26.5 (1) A fall restricting system shall consist of an assembly of components that is,

(a) attached to an independent fixed support that meets the requirements of section 26.7; and

(b) designed and arranged in accordance with the manufacturer’s instructions so that a worker’s free fall distance does not exceed 0.6 metres.

(2) The fall restricting system shall be inspected by a competent worker before each use.

(3) If a worker who is using the fall restricting system falls more than 0.6 metres, the system shall be immediately removed from service and shall not be used again by a worker unless all components of the system have been certified by the manufacturer as being safe for re–use.

26.6 (1) A fall arrest system shall consist of a full body harness with adequate attachment points and a lanyard equipped with a shock absorber or similar device.

(2) The fall arrest system shall be attached by a lifeline or by the lanyard to an independent fixed support that meets the requirements of section 26.7.

(3) The fall arrest system shall be arranged so that a worker cannot hit the ground or an object or level below the work.

(4) Despite subsection (1), the fall arrest system shall not include a shock absorber if wearing or using one could cause a worker to hit the ground or an object or level below the work.

(5) The fall arrest system shall not subject a worker who falls to a peak fall arrest force greater than 8 kilonewtons.

(6) The fall arrest system shall be inspected by a competent worker before each use.

(7) If a component of the fall arrest system is found to be defective on inspection, the defective component shall immediately be taken out of service.

(8) If a worker who is using the fall arrest system falls, the system shall be immediately removed from service and shall not be used again by a worker unless all components of the system have been certified by the manufacturer as being safe for re–use.

26.7 (1) A permanent anchor system shall be used as the fixed support in a fall arrest system, fall restricting system or travel restraint system if the following conditions are met:

1. The anchor system has been installed according to the Building Code.

2. It is safe and practical to use the anchor system as the fixed support.

(2) If the conditions set out in subsection (1) are not met, a temporary fixed support shall be used that meets the following requirements:

1. Subject to paragraph 2, a support used in a fall arrest system shall be capable of supporting a static force of at least 8 kilonewtons without exceeding the allowable unit stress for each material used.

2. If a shock absorber is also used in the fall arrest system, the support shall be capable of supporting a static force of at least 6 kilonewtons without exceeding the allowable unit stress for each material used.

3. Subject to paragraph 4, a support used in a fall restricting system must be capable of supporting a static force of at least 6 kilonewtons without exceeding the allowable unit stress for each material used.

4. Paragraph 3 does not apply to a support that is used in accordance with the manufacturer’s written instructions and is adequate to protect a worker.

5. A support used in a travel restraint system shall be capable of supporting a static force of at least 2 kilonewtons without exceeding the allowable unit stress for each material used.

(3) Despite the requirements listed in subsection (2), the support capacity of a temporary fixed support used in a fall protection system may be determined by dynamic testing in accordance with good engineering practice to ensure that the temporary fixed support has adequate capacity to arrest a worker’s fall.

(4) A fixed support shall not have any sharp edges that could cut, chafe or abrade the connection between it and another component of the system.

26.8 (1) A safety net shall be designed, tested and installed in accordance with ANSI Standard 10.11–1989, Personnel and Debris Nets for Construction and Demolition Operations.

(2) The safety net shall be installed by a competent worker.

(3) A professional engineer or a competent person under the engineer’s supervision shall inspect and test the installation of the safety net before it is put in service.

(4) The engineer shall document the inspection and testing of the safety net and shall sign and seal the document.

(5) A copy of the document shall be kept at the project while the safety net is in service.

26.9 (1) This section applies to a lanyard or lifeline that is part of a travel restraint system or a fall arrest system.

(2) The following requirements apply to a lanyard or a lifeline:

1. It shall not be used in such a way that it is likely to be cut, chafed or abraded.

2. It shall not be subjected to extreme temperature, flame, abrasive or corrosive materials or other hazards that may damage it.

3. The free end of the lanyard or lifeline shall be kept clear of equipment and machinery.

(3) Only one person at a time may use a lanyard.

(4) The connecting ends of a lanyard shall be wrapped around a protective thimble and securely fastened with a swaged fitting or eye splice supplied by the manufacturer of the lanyard.

(5) A horizontal or vertical lifeline shall be kept free from splices or knots, except knots used to connect it to a fixed support.

(6) Only one person at a time may use a vertical lifeline.

(7) A vertical lifeline shall,

(a) extend to the ground; or

(b) have a positive stop that prevents the rope grab or other similar device from running off the end of the lifeline.

(8) The following requirements apply to a horizontal lifeline system:

1. It shall be designed by a professional engineer in accordance with good engineering practice.

2. The design may be a standard design or a custom design.

3. The design shall,

i. show the arrangement of the system including the anchorage or fixed support system,

ii. indicate the components used,

iii. state the number of workers that can safely be attached to it,

iv. set out instructions for installation or erection, and

v. show the design loads for the system.

4. The system shall be installed or erected, and maintained, in accordance with the professional engineer’s design.

5. Before each use, the system shall be inspected by a professional engineer or a competent worker designated by a supervisor.

6. The constructor shall keep the design at the project while the system is in use.

26.10 (1) Subject to subsection (2), a worker who is performing work on a utility pole shall do so from an elevating work platform that meets the requirements of sections 143 and 144.

(2) If it is not practical for the worker to use an elevating work platform as described in subsection (1), the worker shall use a fall restricting system instead.

26.11 Until January 1, 2001, sections 26 to 26.10 do not apply to a worker while he or she is engaged in erecting or dismantling scaffolding, built–in–place formwork or built–in–place falsework.

15. Section 29 of the Regulation is revoked and the following substituted:

29. (1) In this section,

“facilities” means toilet, urinal and clean–up facilities;

“non–sewered flush toilet facilities” means water flush toilets or chemical flush toilets that have the features listed in subsection (2);

“service”, when used as a verb, means to have waste pumped out and to have the facilities replenished where necessary;

“sewered toilet facilities” means water flush toilets that are connected to a sanitary sewer system and equipped with a trap in accordance with Part 7 of the Building Code.

(2) The features referred to in the definition of “non–sewered flush toilet facilities” are:

1. The toilets are not connected to a sanitary sewer system.

2. They are equipped with a trap or a positive seal separating stored waste from the bowl.

3. The waste is flushed from the bowl with water containing chemical additives, deposited into a container and chemically treated sufficiently for the container’s maximum capacity.

(3) The constructor shall ensure,

(a) that facilities are provided or arranged for workers before work has started at a project; and

(b) that workers at the project have reasonable access to these facilities.

(4) Subject to subsections (5) and (6), the facilities shall be located within 180 metres horizontally of the work area of the project.

(5) If work is being performed in a tunnel, the facilities shall be located within 180 metres horizontally from the entrance to the tunnel.

(6) The facilities may be located within 3 kilometres of the work area if transportation to the facilities is provided for workers where reasonably required.

(7) If the project is the construction of a building, then in addition to the requirement of subsection (4), the facilities must also be located within 9 metres vertically of the level at which work is being performed.

(8) The location of the facilities under subsection (7) may be varied if the arrangement affords reasonable accessibility for workers.

(9) If the location of the facilities is varied under subsection (8), the constructor shall document in writing the location and the reasons for the variance, and shall provide the document to,

(a) the joint health and safety committee or the health and safety representative, if any, for the workplace; or

(b) the workers, if there is no committee or representative for the workers.

(10) The constructor shall,

(a) inform workers of the location of the facilities; and

(b) post the location of the facilities in a conspicuous place at the project if it is practical to do so.

(11) The facilities shall be serviced, cleaned and sanitized as frequently as necessary to maintain them in a clean and sanitary condition.

(12) The constructor shall keep at the project for the duration of the project,

(a) a record of the servicing, cleaning and sanitizing of the facilities; and

(b) a copy of the document required under subsection (9), if any.

(13) Facilities that are not under the constructor’s control satisfy the requirements of this section only if the constructor has received permission from the facilities’ owner for workers to use the facilities.

29.1 (1) Each toilet facility shall meet the following requirements:

1. There shall be a toilet with an open–front toilet seat. For a chemical flush toilet, a toilet cover is also required.

2. There shall be a toilet paper holder and an adequate supply of toilet paper. If the facility is intended for use by female workers, there shall be a disposal receptacle for sanitary napkins.

3. The facility shall afford the user privacy and protection from weather and from falling objects. There shall be a self–closing door that can be locked from inside the facility.

4. The facility shall be,

i. illuminated by natural or artificial light,

ii. adequately heated, and

iii. adequately ventilated.

5. If the facility is intended for use by males only or by females only, it shall have a sign indicating that fact.

6. The facility shall be kept in good repair at all times.

(2) Separate toilet facilities shall be provided for male and female workers, unless the facilities are intended to be used by only one worker at a time.

(3) Sewered toilet facilities or non–sewered flush toilet facilities shall be provided at a project, subject to subsection (4).

(4) If a project is being carried on in a remote unpopulated area and it is not reasonably possible to provide the facilities required under subsection (3), re–circulating chemical flush toilets or other types of toilets that comply with applicable municipal by–laws may be provided instead.

(5) When toilets are provided as described in subsection (3), the minimum number of toilets required at the project is as follows:

TABLE 1

Minimum number of toilets	Number of workers regularly employed at the project
1	1–15
2	16–30
3	31–45
4	46–60
4, plus 1 additional toilet for each additional group of 15 or fewer workers	61 or more

(6) If the toilets are located in a multiple water flush toilet facility and are intended to be used by male workers, water flush urinals may be substituted for a maximum of two–thirds of the number of toilets required by subsection (5).

(7) When toilets are provided as described in subsection (4), the minimum number of toilets required at the project is as follows:

TABLE 2

Minimum number of toilets	Number of workers regularly employed at the project
1	1–10
2	11–20
3	21–30
4	31–40
4, plus 1 additional toilet for each additional group of 15 or fewer workers	41 or more

(8) If the toilets are located in a portable single–unit toilet facility intended for use by male workers, there shall be at least one urinal for each toilet.

(9) Portable urinals equipped with clean–up facilities are permitted in addition to the requirements of this section.

29.2 (1) One clean–up facility shall be provided for every two toilet facilities required under section 29.1 and, in any case, at least one clean–up facility shall be provided at a project.

(2) Each clean–up facility shall meet the following requirements:

1. Subject to subsection (3), the facility shall have a wash basin with running water. Both hot and cold running water shall be available if reasonably possible.

2. Soap or hand cleanser shall be provided.

3. Paper towels or a hand dryer shall be provided. If paper towels are provided, there shall be a waste disposal receptacle nearby.

(3) If it is not reasonably possible to have a wash basin with running water at a clean–up facility, hand cleanser that can be used without water shall be provided instead.

16. Section 52 of the Regulation is amended by adding the following subsection:

(1.1) Every worker who may be required to use fire extinguishing equipment shall be trained in its use.

17. Section 56 of the Regulation is revoked and the following substituted:

56. No work shall be carried out at a height of 84 metres or more in a building unless the building has temporary or permanent fire pumps that provide a minimum water flow of 1,890 litres per minute at a discharge pressure of at least 450 kilopascals at and above the 84–metre height.

18. (1) Subsection 57 (1) of the Regulation is revoked and the following substituted:

(1) As construction proceeds in a building with two or more storeys, a permanent or temporary standpipe shall be installed to within two storeys of the uppermost work level.

(2) Section 57 of the Regulation is amended by adding the following subsections:

(6) If a temporary standpipe has been installed, it shall not be disconnected until the permanent standpipe is connected, so that there is always a standpipe in service.

(7) A temporary standpipe shall be maintained so that it is readily operable.

(8) A temporary standpipe shall have at least one hose outlet per floor, with a valve and a hose attached to each hose outlet and a nozzle attached to each hose.

(9) In addition to the requirements of subsection (8), there shall be a connection to which there is clear access at all times, located between 30 and 90 centimetres above ground level on a side of the building that faces the street.

(10) A hose outlet on a temporary standpipe,

(a) shall have a valve; and

(b) shall be capable of accepting a hose that is 38 millimetres in diameter.

(11) If a temporary standpipe is installed in a building under construction, the constructor shall post at the project, or have available for review, a floor plan of the building indicating,

(a) the location of the hose outlets on each floor;

(b) the location of the point on the perimeter of each floor that is furthest from the hose outlet on that floor; and

(12) The constructor shall give a copy of the floor plan to the fire department located nearest to the project.

19. Section 59 of the Regulation is revoked and the following substituted:

Dust Control

59. If the dissemination of dust is a hazard to a worker, the dust shall be adequately controlled or each worker who may be exposed to the hazard shall be provided with adequate personal protective equipment.

20. Section 66 of the Regulation is amended by striking out “amber” in the third line.

21. Section 67 of the Regulation is revoked and the following substituted:

Traffic Control

67. (1) In this section,

“barricade” means a device that provides a visual indicator of the path a motorist is supposed to take;

“barrier” means a device that provides a physical limitation through which a vehicle would not normally pass, and includes a concrete barrier;

“mobile operation” means work, including a paving operation, that is done on a highway or the shoulder of a highway and moves along at speeds of less than 30 kilometres per hour.

(2) If a worker at a project on a highway may be endangered by vehicular traffic unrelated to the project, the project shall make use of as many of the following measures as is necessary to adequately protect the worker:

1. Barriers.

2. Barricades.

3. Delineators.

4. Lane control devices.

5. Warning signs.

6. Flashing lights.

7. Flares.

8. Traffic control devices.

9. Blocker trucks.

10. Crash trucks.

11. Sign trucks.

12. Speed control devices.

13. Longitudinal buffer areas.

(3) In addition to the measures listed in subsection (2) but subject to section 68, a worker may be used to direct traffic.

(4) Every employer shall develop in writing and implement a traffic protection plan for the employers’ workers at a project if any of them may be exposed to a hazard from vehicular traffic.

(5) The traffic protection plan,

(a) shall specify the vehicular traffic hazards and the measures described in subsection (2) to be used to protect workers; and

(b) shall be kept at the project and made available to an inspector or a worker on request.

(6) A worker who is required to set up or remove measures described in subsection (2) on a roadway or a shoulder of a roadway,

(a) shall be a competent worker;

(b) shall not perform any other work while setting up or removing the measures; and

(c) shall be given adequate written and oral instructions, in a language that he or she understands, with respect to setting up or removing the measures.

(7) Subject to subsection (8), adequate barriers shall be installed to protect workers at a project from vehicular traffic if the project,

(a) is on a freeway;

(b) is not a mobile operation; and

(8) Until January 1, 2003, if a project to which subsection (7) would otherwise apply is expected to require five days or less to complete, or if it is not practical to install barriers as that subsection requires, the following measures shall be taken to protect workers at the project:

1. An adequate longitudinal buffer area shall be provided if physically possible.

2. If information about the annual average daily travel rate of vehicular traffic on the freeway is available and the rate is less than 25,000, blocker trucks shall be adequately positioned between vehicular traffic and workers.

3. If the annual average daily travel rate of vehicular traffic on the freeway is 25,000 or more or if information about the rate is unavailable, crash trucks shall be adequately positioned between vehicular traffic and workers.

(9) If subsection (8) applies and information about the annual average daily travel rate of vehicular traffic on the freeway is available, a record of the rate shall be maintained at the project and be made available to an inspector upon request.

(10) On and after January 1, 2003, if it is not practical to install barriers as subsection (7) requires, or if the project is expected to require five days or less to complete, crash trucks shall be adequately positioned to protect workers.

(11) If work on a shoulder of a freeway is expected to take less than 30 minutes to complete, a vehicle with four–way flashers and a 360–degree beacon light shall be provided.

(12) The following measures shall be taken to protect a worker at a project if the project is on a freeway and involves a mobile operation:

1. Until January 1, 2003, an adequate number of blocker trucks shall be adequately positioned between vehicular traffic and the worker.

2. On and after January 1, 2003, an adequate number of crash trucks shall be adequately positioned between vehicular traffic and the worker.

3. If the operation involves intermittent stops averaging 30 minutes or less, an adequate number of barricades or delineators shall be adequately positioned between vehicular traffic and the worker.

4. If the operation involves intermittent stops averaging more than 30 minutes,

i. an adequate longitudinal buffer area shall be provided if physically possible,

ii. the lane on which work is being done shall be adequately identified with lane closure signs and a lane closure taper, and

iii. an adequate number of barricades or delineators shall be adequately positioned between vehicular traffic and the work area.

22. Section 68 of the Regulation is revoked and the following substituted:

68. The following requirements apply with respect to a sign used by a worker to direct vehicular traffic:

1. It shall be octagonal in shape, measure 450 millimetres between opposite sides, and be mounted on a pole that is 1.2 metres long.

2. It shall be made of material with at least the rigidity of plywood that is six millimetres thick.

3. On one side it shall be high–intensity retro–reflective grade red in colour, with the word “STOP” written in legible high–intensity retro–reflective grade white letters 150 millimetres high in a central position on the sign.

4. On the other side it shall be high retro–reflective micro–prismatic fluorescent chartreuse in colour, with a black diamond–shaped border that is at least 317 millimetres by 317 millimetres, and with the word “SLOW” written in legible black letters 120 millimetres high in a central position on the sign.

5. It shall be maintained in a clean and legible condition.

23. Section 69 of the Regulation is revoked and the following substituted:

69. (1) This section applies with respect to directing vehicular traffic that may be a hazard to workers on a public way.

(2) A worker shall not direct vehicular traffic for more than one lane in the same direction.

(3) A worker shall not direct vehicular traffic if the normal posted speed limit of the public way is more than 90 kilometres per hour.

(4) A worker who is required to direct vehicular traffic,

(a) shall be a competent worker;

(b) shall not perform any other work while directing vehicular traffic;

(d) shall be given adequate written and oral instructions, in a language that he or she understands, with respect to directing vehicular traffic, and those instructions shall include a description of the signals that are to be used.

(5) The written instructions referred to in clause (4) (d) shall be kept at the project.

69.1 (1) A worker who may be endangered by vehicular traffic shall wear a garment that covers at least his or her upper body and has the following features:

1. The garment shall be fluorescent blaze or international orange in colour.

2. On the front and the back, there shall be two yellow stripes that are 5 centimetres wide. The yellow area shall total at least 500 square centimetres on the front and at least 570 square centimetres on the back.

3. On the front, the stripes shall be arranged vertically and centred and shall be approximately 225 millimetres apart, measured from the centre of each stripe. On the back, they shall be arranged in a diagonal “X” pattern.

4. The stripes shall be retro–reflective and fluorescent.

(2) If the garment is a vest, it shall have adjustable fit.

(3) On and after January 1, 2001, a nylon vest to which this section applies shall also have a side and front tear–away feature.

(4) In addition, a worker who may be endangered by vehicular traffic during night–time hours shall wear retro–reflective silver stripes encircling each arm and leg, or equivalent side visibility–enhancing stripes with a minimum area of 50 square centimetres per side.

24. Sections 85 and 86 of the Regulation are revoked.

25. (1) Clause 93 (2) (c) of the Regulation is revoked and the following substituted:

(2) Subsection 93 (3) of the Regulation is revoked and the following substituted:

(3) All vehicles, machines, tools and equipment shall be used in accordance with any operating manuals issued by the manufacturers.

(4) For vehicles, machines, tools and equipment rated at greater than 10 horsepower, copies of any operating manuals issued by the manufacturers shall be kept readily available at the project.

26. Sections 94 and 96 of the Regulation are revoked and the following substituted:

94. (1) All mechanically–powered vehicles, machines, tools and equipment rated at greater than 10 horsepower shall be inspected by a competent worker to determine whether they can handle their rated capacity and to identify any defects or hazardous conditions.

(2) The inspections shall be performed before the vehicles, machines, tools or equipment are first used at the project and thereafter at least once a year or more frequently as recommended by the manufacturer.

. . . . .

96. (1) No worker shall operate a vehicle at a project unless he or she is competent to do so.

(2) However, a worker being trained in the operation of a vehicle may operate it while being instructed and supervised by a competent person.

27. Sections 104 and 105 of the Regulation are revoked and the following substituted:

104. (1) Every project shall be planned and organized so that vehicles, machines and equipment are not operated in reverse or are operated in reverse as little as possible.

(2) Vehicles, machines and equipment at a project shall not be operated in reverse unless there is no practical alternative to doing so.

(3) Operators of vehicles, machines and equipment shall be assisted by signallers if either of the following applies:

1. The operator’s view of the intended path of travel is obstructed.

2. A person could be endangered by the vehicle, machine or equipment or by its load.

(4) Subsection (3) also applies to shovels, backhoes and similar excavating machines and to cranes and similar hoisting devices.

(5) The operator and the signaller shall,

(a) jointly establish the procedures by which the signaller assists the operator; and

(b) follow those procedures.

(6) If subsection (3) applies to the project and it is not possible to carry out the project without some operation of vehicles and equipment in reverse, signs shall be posted at the project in conspicuous places warning workers of the danger.

105. A dump truck shall be equipped with an automatic audible alarm that signals when the truck is being operated in reverse.

28. Section 106 of the Regulation is amended by adding the following subsections:

(1.1) The signaller shall wear a garment that covers at least his or her upper body and has the following features:

1. The garment shall be fluorescent blaze or international orange in colour.

4. The stripes shall be retro–reflective and fluorescent.

(1.2) If the garment is a vest, it shall have adjustable fit.

(1.3) On and after January 1, 2001, a nylon vest to which this section applies shall also have a side and front tear–away feature.

(1.4) In addition, a signaller who may be endangered during night–time hours shall wear retro–reflective silver stripes encircling each arm and leg, or equivalent side visibility–enhancing stripes with a minimum area of 50 square centimetres per side.

(1.5) The employer shall,

(a) ensure that the signaller has received adequate oral training in his or her duties and has received adequate oral and written instructions in a language that he or she understands; and

(b) keep the written instructions at the project.

29. Section 112 of the Regulation is amended by adding the following subsections:

(1.1) No worker shall use a chain–saw unless he or she has been adequately trained in its use.

(1.2) No worker shall use a chain–saw unless he or she is wearing,

(a) adequate personal protective equipment and clothing, including gloves; and

(b) adequate eye protection and hearing protection.

30. Section 117 of the Regulation is revoked and the following substituted:

117. (1) No worker shall use an explosive actuated fastening tool unless he or she has been adequately trained in its use.

(2) When using an explosive actuated fastening tool, the worker shall carry proof of his or her training in its use.

(3) No worker shall use an explosive actuated fastening tool unless he or she is wearing,

(a) adequate personal protective equipment; and

(b) adequate eye protection.

31. Subsections 119 (2), (4), (6) and (7) of the Regulation are revoked and the following substituted:

(2) An explosive actuated fastening tool shall be inoperable unless,

(a) its muzzle end is held against a surface using a force at least 22 newtons greater than the force equivalent of the weight of the tool measured in newtons; and

(b) when a protective guard is centred on the muzzle end of the tool, the bearing surface of the guard is not tilted more than eight degrees from the work surface.

. . . . .

(4) An explosive actuated fastening tool that is designed to require dismantling into separate parts for loading shall be inoperable unless the separate parts are locked together.

. . . . .

(6) The firing movement for an explosive actuated fastening tool shall be a separate action from the operation of bringing the tool into firing position.

(7) An explosive actuated fastening tool shall not be capable of being fired until the operator performs the two separate actions described in subsection (6).

32. Subsection 236 (8) of the Regulation is amended by striking out “the Director of the Construction Health and Safety Branch” and substituting “a Director”.

33. (1) Subsection 245 (1) of the Regulation is amended by striking out “the Director of the Construction Health and Safety Branch” and substituting “a Director”.

(2) Clause 245 (2) (f) of the Regulation is amended by striking out “nearest public highway” and substituting “nearest highway”.

34. (1) Subsection 265 (3) of the Regulation is amended by striking out “the Director of the Construction Health and Safety Branch” and substituting “a Director”.

(2) Subsection 265 (4) of the Regulation is revoked and the following substituted:

(4) A Director who makes an appointment described in subsection (3) shall, in doing so, consider any recommendations of the representatives of labour and of management.

35. Subsection 280 (4) of the Regulation is amended by striking out “the Director of the Construction Health and Safety Branch” and substituting “a Director”.

36. Section 316 of the Regulation is amended by striking out “the Director of the Construction Health and Safety Branch” and substituting “a Director”.

37. (1) Subsection 334 (2) of the Regulation is amended by striking out “the Director of the Construction Health and Safety Branch” and substituting “a Director”.

(2) Subsection 334 (3) of the Regulation is amended by striking out “the Director of the Construction Health and Safety Branch” and substituting “a Director”.

38. Clause 335 (1) (b) of the Regulation is amended by striking out “the Director of the Construction Health and Safety Branch” and substituting “a Director”.

39. Subsection 338 (2) of the Regulation is amended by striking out “the Director of the Construction Health and Safety Branch” and substituting “a Director”.

40. Subsection 365 (4) of the Regulation is amended by striking out “the Director of the Construction Health and Safety Branch” and substituting “a Director”.

41. (1) Subsection 397 (1) of the Regulation is amended by striking out “the Director of the Construction Health and Safety Branch” and substituting “a Director”.

(2) Subsection 397 (2) of the Regulation is amended by striking out “the Director of the Construction Health and Safety Branch” and substituting “a Director”.

42. (1) Except as otherwise provided in this section, this Regulation comes into force on June 12, 2000.

(2) Section 13 comes into force on June 12, 2002.

(3) Section 22 comes into force on January 1, 2001.

O. Reg. 145/00: CONSTRUCTION PROJECTS

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