O. Reg. 222/01: CERTIFICATION AND TRAINING OFELEVATING DEVICE MECHANICS

 

ONTARIO regulation 222/01

made under the

Technical Standards and
Safety Act, 2000

Made:  June 20, 2001
Filed:  June 22, 2001
Printed in The Ontario Gazette: July 7, 2001

Certification and Training of
Elevating Device Mechanics

Interpretation

1. (1) In this Regulation,

“certificate” means a certificate issued under this Regulation;

“class of certificate” means an additional certificate issued to the holder of a certificate;

“direct supervision” means, with respect to a mechanic-in-training, that a supervising certificate holder is on site and available to assist and supervise the mechanic-in-training;

“elevating device” means an elevating device within the meaning of Ontario Regulation 209/01 (Elevating Devices);

 “mechanic-in-training” means a person who applies to be a mechanic and who works under the supervision of a mechanic.

(2) A reference in this Regulation to a director is a reference to the director to whom the subject matter of this Regulation is assigned.

Application

2. (1) This Regulation applies to all persons who construct, install, alter, repair, test, operate or maintain an elevating device or any part of an elevating device.

(2) An employee of an owner of an elevating device who is only registered as a contractor for the purpose of allowing those employees to perform rescue operations is exempt from this Regulation if the owner,

(a) designates only those employees trained by a registered contractor to safely perform rescue operations on devices owned and operated by the owner and located on the owner’s premises;

(b) develops written operating procedures for rescue operation in conjunction with the registered contractor;

(c) maintains an up-to-date list of all employees trained in rescue operations to the standards established by the registered contractor, indicating the dates of initial and subsequent training; and

(d) provides the director with the operating procedures and training on request.

Requirements for compliance

3. (1) Every person engaged in an activity, use of equipment, process or procedure to which the Act and this Regulation apply shall comply with the Act and this Regulation.

(2) For the purposes of subsection (1), the reference to an activity, use of equipment, process or procedure includes, but is not limited to, design, construction, erection, installation, maintenance, alteration, service or operation of an elevating device or part thereof.

(3) A supervising certificate holder shall not certify that a mechanic has met experience requirements required under this Regulation unless he or she has ensured that the mechanic has in fact met those requirements.

Certificate required

4. (1) No person shall work on an elevating device as a mechanic without first having obtained a certificate from the director designating the person as one or more of the following:

1. An elevating device mechanic, class A (an “EDM-A certificate”).

2. An elevating device mechanic, class B (an “EDM-B certificate”).

3. An elevating device mechanic, class C (an “EDM-C certificate”).

4. An elevating device mechanic, class D (an “EDM-D certificate”).

5. An elevating device mechanic, class E (an “EDM-E certificate”).

6. An elevating device mechanic, class F (an “EDM-F certificate”).

7. An elevating device mechanic, class CE (an “EDM-CE certificate”).

8. An elevating device mechanic, class CM (an “EDM-CM certificate”).

9. An elevating device mechanic-in-training, Class T (an “EDM-T certificate”).

(2) An application for a certificate or for the addition of one or more classes of certificate to a certificate shall be in the form published by the designated administrative authority, include documents that attest to the fact that the applicant has the necessary practical skills and experience for the certificate sought and be accompanied by the fee set by the designated administrative authority.

Renewal of certificate

5. (1) An application to renew a certificate shall be made to the director in the form published by the designated administrative authority and be accompanied by the fee set by the designated administrative authority.

(2) An application for renewal shall include a completed skills passport in the form published by the designated administrative authority.

(3) An application for renewal may be made before the applicant’s certificate expires.

(4) If a mechanic fails to renew his or her certificate before it expires, the mechanic shall not work as a mechanic after the date of expiry of the certificate but may apply to the director for a renewal.

(5) If a mechanic applies for a renewal of a certificate under subsection (4), the director may renew it if,

(a) the application for renewal is made within 12 months of the expiry date shown on the certificate; and

(b) the applicant pays the fee set by the designated administrative authority and complies with subsection (2).

(6) If a mechanic applies for a renewal of a certificate under subsection (4) more than 12 months after the expiry date shown on the expired certificate, the application shall be treated as a new application for a certificate under section 4, and the applicant shall,

(a) take a written examination conducted or approved by the director with respect to the subject matter of the class of certificate applied for;

(b) include with the application a completed skills passport in the form published by the designated administrative authority; and

(c) include with the application the fee set by the designated administrative authority.

(7) If an elevating device mechanic-in-training applies for a renewal of a certificate under subsection (4) more than 12 months after the expiry date shown on the expired certificate, the application shall be treated as a new application for a certificate under section 4, and the applicant shall include with the application,

(a) a completed skills passport in the form published by the designated administrative authority;

(b) a letter from his or her employer stating the nature of the work being performed by the applicant, the dates worked, and the name of the supervising certificate holder; and

(c) the fee set by the designated administrative authority.

Conditions for certificate

6. (1) An applicant for a certificate shall have successfully completed a program approved by the director that is delivered by a training organization approved by the director for each class of certificate sought by the applicant.

(2) An applicant shall have successfully completed an examination or a series of examinations, conducted or approved by the director, demonstrating that the applicant possesses the necessary knowledge and competence for each certificate or class of certificate sought by the applicant.

(3) If the applicant fails the examination or series of examinations on three successive attempts, the applicant must successfully complete the program described in subsection (1) after making the unsuccessful attempts and before taking the examination or series of examinations again, and subsection (5) does not apply.

(4) If the applicant fails the examination or series of examinations for a certificate or a class of certificate, he or she is not entitled to take the examination or series of examinations for the class of certificate again until,

(a) he or she makes a new application for the class of certificate; and

(b) 30 days have passed since the applicant took the examination or series of examinations.

(5) An applicant is not required to comply with subsections (1) and (2) if the director is satisfied that the applicant possesses the necessary knowledge and competence with respect to each certificate or class of certificate sought by the applicant.

(6) An applicant for a certificate, regardless of the class of certificate being sought, shall fully complete a safety-training workshop delivered by the designated administrative authority or a training organization approved by it prior to submitting an application for a certificate.

(7) An applicant applying for a EDM-T certificate is not required to comply with subsections (1) to (5).

Certificate not transferable

7. A certificate is not transferable.

Term of certificate

8. (1) A certificate expires on the second anniversary of the holder’s date of birth after it is issued.

(2) If a class of certificate is added to an initial certificate after the initial certificate is issued, the expiry date of the initial certificate does not change.

(3) A certificate that is renewed expires on the date set out in it.

Duty to notify director of change of address

9. (1) A person who holds a certificate shall notify the director within 30 days after any change in his or her address.

(2) The director is not responsible for misdirected notices or renewals resulting from the certificate holder’s failure to comply with subsection (1).

Scope of certificate, EDM-A certificate

10. (1) A person who holds an EDM-A certificate may, without supervision, construct, install, alter, repair, service, maintain or test any class of elevating device as set out in Ontario Regulation 209/01 (Elevating Devices), except that of passenger ropeways and the equipment and accessories essential to their operation, but only if the person has experience on that class of device.

(2) A holder of an EDM-A certificate who does not have experience on a class of elevating device shall not perform the functions referred to in subsection (1) without supervision by the holder of an EDM-A certificate who has experience on the class of device.

EDM-B certificate

11. (1) A person who holds an EDM-B certificate may, without supervision, construct, install, alter, repair, maintain or test construction hoists within the meaning of Ontario Regulation 209/01 (Elevating Devices) and the equipment and accessories essential to their operation but only if the person has demonstrated the essential skills required to work on construction hoists and has had that experience documented and signed by the supervising certificate holder.

(2) A holder of an EDM-B certificate who does not have documented experience on construction hoists shall not perform the functions referred to in subsection (1) without supervision by the holder of an EDM-B certificate who has such experience.

EDM-C certificate

12. (1) A person who holds an EDM-C certificate may, without supervision, repair, service and maintain the same classes of elevating device as the holder of an EDM-A certificate and the equipment and accessories essential to their operation if,

(a) the person has demonstrated the essential skills required to work on those classes of device and has had that experience documented and signed by the supervising certificate holder; and

(b) the elevating devices on which the person performs the functions are owned, operated and maintained by the person’s employer.

(2) A holder of an EDM-C certificate who does not have documented experience on a class of device shall not perform the functions referred to in subsection (1) without supervision.

EDM-D certificate

13. A person who holds an EDM-D certificate may, without supervision, renovate the interior of an elevating device cab and, in so doing, may carry out electrical work with respect to lighting in the cab, but shall not do anything with respect to control circuitry or carry out any other type of electrical work.

EDM-E certificate

14. A person who holds an EDM-E certificate may, without supervision, construct, install, service and maintain elevating devices for persons with physical disabilities referred to in Ontario Regulation 209/01 (Elevating Devices), with the exception of enclosed vertical platform lifts.

EDM-F certificate

15. A person who holds an EDM-F certificate may, without supervision, examine and test any class of elevating device, except that of passenger ropeways, but may not perform physical tests on an elevating device except under the supervision of a holder of an EDM-A certificate.

EDM-T certificate

16. A person who holds an EDM-T certificate,

(a) may perform the same range and scope of work allowed under the scope of the certificate of the supervising certificate holder if those skills have been documented and signed by a qualified EDM; and

(b) may not work on any device or job function for which the EDM-T certificate holder does not have the documented skills, except under the direct supervision of the supervising elevating device mechanic.

EDM-CE certificate

17. (1) A person who holds an EDM-CE certificate may, without supervision, repair, service and maintain the electrical portions of the same classes of elevating device as the holder of an EDM-A certificate and the equipment and accessories essential to their operation if,

(a) the person has electrical experience that is documented in the form published by the designated administrative authority on those classes of device; and

(b) the elevating devices on which the person performs the functions are owned and operated by the person’s employer.

(2) A holder of an EDM-CE certificate who does not have the documented experience referred to in clause (1) (a) shall not perform the functions referred to in subsection (1) unless the person is under the direct supervision of a person who is the holder of an EDM-CE certificate who has documented experience.

EDM-CM certificate

18. (1) A person who holds an EDM-CM certificate may, without supervision, repair, service and maintain the mechanical portions of the same classes of elevating device as the holder of an EDM-A certificate and the equipment and accessories essential to their operation if,

(a) the person has documented mechanical experience in the form published by the designated administrative authority on those classes of device; and

(b) the elevating devices on which the person performs the functions are owned and operated by the person’s employer.

(2) A holder of an EDM-CM certificate who does not have the documented experience referred to in clause (1) (a) shall not perform the functions referred to in subsection (1) unless the person is under the direct supervision of a person who is the holder of an EDM-CM certificate who has documented experience.

Commencement

19. This Regulation comes into force on the day the Technical Standards and Safety Act, 2000 is proclaimed in force.