O. Reg. 85/04: CONSTRUCTION PROJECTS
filed April 2, 2004 under Occupational Health and Safety Act, R.S.O. 1990, c. O.1
Skip to contentontario regulation 85/04
made under the
occupational health and safety act
Made: March 31, 2004
Filed: April 2, 2004
Printed in The Ontario Gazette: April 17, 2004
Amending O. Reg. 213/91
(Construction Projects)
1. Subsection 1 (1) of Ontario Regulation 213/91 is amended by adding the following definitions:
“multi-point suspended scaffold” means a suspended scaffold or suspended work platform or a system of suspended scaffolds or suspended work platforms, each scaffold or platform being more than 750 millimetres in width, that is supported from an overhead support system by at least three primary load-carrying means of suspension to maintain the system’s stability;
“safety factor” means the ratio of the failure load to the specified load or rated load;
“traverse”, when used in relation to a multi-point suspended scaffold, means to move the scaffold horizontally, in a controlled manner, along the building or structure to which it is attached;
2. The Regulation is amended by adding the following sections:
1.1 In this Regulation, a requirement that something be done in accordance with good engineering practice includes a requirement that it be done in a manner that protects the health and safety of all workers.
1.2 In this Regulation, a requirement that a design, drawing, instruction, report, specification, opinion or other document be prepared by a professional engineer includes a requirement that he or she sign and seal it.
3. Paragraph 2 of subsection 11 (1) of the Regulation is revoked and the following substituted:
2. A worker falling and having the fall arrested by a fall arrest system other than a fall restricting system.
4. Section 26 is amended by striking out “Sections 26.1 to 26.10” in the portion before paragraph 1 and substituting “Sections 26.1 to 26.9”.
5. (1) Paragraph 3 of subsection 26.1 (2) of the Regulation is revoked and the following substituted:
3. A fall arrest system, other than a fall restricting system designed for use in wood pole climbing, that meets the requirements of section 26.6.
(2) Subsection 26.1 (3) of the Regulation is revoked and the following substituted:
(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-Z259.1-95 (R1999): Safety Belts and Lanyards.
2. CAN/CSA-Z259.2.1-98: Fall Arresters, Vertical Lifelines and Rails.
3. CAN/CSA-Z259.2.2-98: Self-Retracting Devices for Personal Fall-Arrest Systems.
4. CAN/CSA-Z259.2.3-99: Descent Control Devices.
5. CAN/CSA-Z259.10-M90 (R1998): Full Body Harnesses.
6. CAN/CSA-Z259.11-M92 (R1998): Shock Absorbers for Personal Fall-Arrest Systems.
7. CAN/CSA-Z259.14-01: Fall Restrict Equipment for Wood Pole Climbing.
8. CAN/CSA-Z259.12-01: Connecting Components for Personal Fall Arrest Systems (PFAS).
6. Section 26.5 of the Regulation is revoked and the following substituted:
26.5 (1) A fall restricting system that is not designed for use in wood pole climbing 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 and so that a worker’s free fall distance does not exceed 0.6 metres.
(2) A fall restricting system that is designed for use in wood pole climbing,
(a) shall consist of an assembly of components that is designed and arranged in accordance with the manufacturer’s instructions; and
(b) shall not allow pole slippage in excess of the distances set out in the applicable National Standards of Canada standard referred to in subsection 26.1 (3).
(3) A fall restricting system shall be inspected by a competent worker before each use.
(4) If a component of the fall restricting system is found to be defective on inspection, the component shall be taken out of service immediately.
(5) If a worker who is using the fall restricting system falls or slips more than the distance determined under clause (1) (b) or (2) (b), as the case may be, the system shall be taken out of service immediately 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 reuse.
7. Subsection 26.6 of the Regulation is amended by adding the following subsection:
(9) Subsections (1) to (8) do not apply to fall restricting systems designed for use in wood pole climbing.
8. Section 26.7 of the Regulation is amended by adding the following subsection:
(5) Subsections (1) to (4) do not apply to fall restricting systems designed for use in wood pole climbing.
9. Subsection 26.8 (4) of the Regulation is amended by striking out “and shall sign and seal the document”.
10. Sections 26.10 and 26.11 of the Regulation are revoked.
11. Subsection 92 (1) of the Regulation is amended by striking out “and” at the end of clause (e), by adding “and” at the end of clause (d) and by revoking clause (f).
12. Subsection 130 (2) of the Regulation is revoked and the following substituted:
(2) Design drawings for a scaffold shall set out erection instructions and the rated loads for the scaffold.
13. The Regulation is amended by adding the following section after the heading “Suspended Platforms and Scaffolds and Boatswain’s Chairs”:
136.1 Sections 137 to 142 do not apply to multi-point suspended scaffolds.
14. Subsection 139 (3) of the Regulation is amended by striking out “and” at the end of clause (c), by adding “and” at the end of clause (b) and by revoking clause (d).
15. The Regulation is amended by adding the following sections:
Multi-Point Suspended Scaffolds
142.1 Sections 142.2 to 142.8 apply to every multi-point suspended scaffold.
142.2 (1) A multi-point suspended scaffold and all its components shall be designed by a professional engineer in accordance with good engineering practice and with this section.
(2) A multi-point suspended scaffold shall be designed to support, in addition to its dead load, live loads uniformly distributed over the platform surface of at least,
(a) 2.4 kilonewtons per square metre if the platform is to be used for masonry work;
(b) 3.6 kilonewtons per square metre if the platform is to be used for demolition work or for storage of masonry units or other related material or equipment; or
(c) 1.2 kilonewtons per square metre in any other case.
(3) In addition to the loads specified in subsection (2), a multi-point suspended scaffold shall be able to support or resist,
(a) 1.1 kilonewtons concentrated on an area measuring 0.3 metres by 0.3 metres that is located on the platform at the position having the most adverse effect on the component under consideration;
(b) the wind load determined in accordance with Table 2.5.1.1. (Design Data for Selected Locations in Ontario) of the Building Code, assuming a probability factor of at least one in ten; and
(c) any other loads likely to be applied to it.
(4) The wind load referred to in clause (3) (b) may be reduced by 30 per cent if the professional engineer who designs the scaffold determines that it is appropriate to do so and indicates in writing that he or she has made the determination.
(5) Subject to clause (2) (c) and subsections (3) and (4), the professional engineer who designs the scaffold shall determine the minimum specified loads for erecting, dismantling, traversing, or otherwise moving multi-point suspended scaffolds.
(6) If a multi-point suspended scaffold is to be used for abrasive blasting operations, there shall be an additional load allowance for the accumulation of grit on the platform to a depth of at least 25 millimetres.
(7) Subject to subsection (8), in designing a multi-point suspended scaffold and its structural members, the following values of load factors, as described in Section 4.1.3. (Limit States Design) of the Building Code, shall be applied to the load requirements referred to in subsections (2) to (6):
1. Live load factor αL = 3.0.
2. Dead load factor αD = 1.5.
3. Wind load factor αW = 1.5.
(8) In designing the suspension and anchorage system of a multi-point suspended scaffold,
(a) the value of the live load factor αL shall be 4.0;
(b) the value of the dead load factor αD shall be 2.0; and
(c) the value of the wind load factor αW shall be 2.0.
(9) Despite subsections (7) and (8), a multi-point suspended scaffold and its components may be designed by working stress design if the safety factors for the scaffold and the structural members are at least equal to what would otherwise be provided under those subsections.
(10) Despite subsections (7) and (8), if the failure load of a component has been determined by testing, the minimum safety factors shall be,
(a) 3.0 for components of the multi-point suspended scaffold;
(b) 4.0 for components of the suspension and anchorage system; and
(c) 10.0 for wire ropes, cables or chains used for hoisting, traversing or otherwise moving the multi-point suspended scaffold.
(11) The failure load of a component referred to in subsection (10) shall be verified in writing by a professional engineer.
(12) A multi-point suspended scaffold shall be designed, constructed and maintained in such a way that,
(a) the failure of one means of support or suspension will not cause any part of the scaffold to collapse or fail, under the most adverse loading condition as determined by the professional engineer who designs the scaffold; and
(b) compliance with subsections (7), (8), (9) and (10) is maintained in all fixed and moving conditions.
(13) The design of a multi-point suspended scaffold shall include adequate movement-limiting devices to be used when traversing or otherwise moving it.
(14) Before a multi-point suspended scaffold is erected, the constructor shall ensure that the professional engineer responsible for the structural integrity of the permanent building or structure from which the scaffold is suspended provides a written report approving the design loads imposed on the building or structure by the scaffold.
(15) Design drawings for a multi-point suspended scaffold shall include,
(a) a statement by the professional engineer that the design meets the requirements of this Regulation;
(b) the size and specifications of all components, including the type and grade of all materials to be used;
(c) the load factors and safety factors for the scaffold and all its components;
(d) all the specified loads, including the loads during erection, dismantling, traversing and otherwise moving; and
(e) the procedures for erection, dismantling, traversing and otherwise moving.
(16) The design drawings shall be followed, subject to subsection (17).
(17) A deviation from the design drawings is permitted if the deviation,
(a) is approved, in advance and in writing, by a professional engineer; and
(b) complies with this Regulation.
142.3 (1) Before erecting or dismantling a multi-point suspended scaffold, the constructor shall give notice, in person, by telephone, by fax or by electronic means, to the Ministry office located nearest the project.
(2) A multi-point suspended scaffold shall be inspected by a professional engineer to determine whether it complies with the design drawings, or the design drawings subject to any deviations approved under subsection 142.2 (17), as the case may be,
(a) after it is erected but before it is first used; and
(b) if the scaffold is moved to another anchorage position, before it is used there.
(3) The inspection under subsection (2) shall include a determination of whether all components are in adequate condition.
(4) The professional engineer who conducts the inspection under subsection (2) shall prepare a written report of the inspection.
(5) The written report is a positive report if it indicates that,
(a) the multi-point suspended scaffold complies with the design drawings, or the design drawings subject to any deviations approved under subsection 142.2 (17), as the case may be; and
(b) all components are in adequate condition.
(6) Subsections (1), (2), (3), (4) and (5) do not apply to a multi-point suspended scaffold whose platform area is six square metres or less.
(7) A competent worker shall inspect a multi-point suspended scaffold each day before it is used.
142.4 The constructor shall keep at the project a copy of,
(a) the written report under subsection 142.2 (14);
(b) the design drawings under subsection 142.2 (15);
(c) any written approvals under subsection 142.2 (17); and
(d) the written reports under subsection 142.3 (4).
142.5 (1) A multi-point suspended scaffold shall be erected, dismantled, traversed or otherwise moved only by a competent worker under the supervision of a competent person and in accordance with the design drawings, or the design drawings subject to any deviations approved under subsection 142.2 (17), as the case may be.
(2) Before a worker is on a multi-point suspended scaffold for the first time, the employer shall provide the worker with adequate oral and written instructions for using the scaffold, including,
(a) the manufacturer’s instructions or a professional engineer’s instructions;
(b) instructions on the load limitations;
(c) instructions in, and a hands-on demonstration of, the proper operation of the scaffold.
(3) A worker who is to erect, dismantle, traverse or otherwise move a multi-point suspended scaffold shall, in addition to the instructions set out in subsection (2), be given instructions in the procedures described in clause 142.2 (15) (e).
(4) No person shall use a multi-point suspended scaffold until the design drawings described in subsection 142.2 (15) have been given to the constructor and the following documents have been prepared and given to the constructor:
1. The report described in subsection 142.2 (14).
2. A positive report described in subsections 142.3 (4) and (5), if applicable.
3. Any approval described in subsection 142.2 (17), if applicable.
142.6 (1) A multi-point suspended scaffold shall not be loaded in excess of the specified loads indicated on the design drawings for the scaffold.
(2) Signs indicating the specified live loads shall be posted in conspicuous places on the scaffold.
142.7 (1) A worker who is on a multi-point suspended scaffold while it is being erected, dismantled, traversed or otherwise moved shall use a fall arrest system that is,
(a) connected to a fixed support independent from the scaffold; and
(b) designed, constructed and maintained in accordance with this Regulation.
(2) Despite subsection (1), a worker is not required to use a fall arrest system while the scaffold is stationary if guardrails are installed in accordance with section 26.3.
142.8 (1) The constructor of a project where a multi-point suspended scaffold is used shall keep a written record of all inspections, tests, repairs, modifications and maintenance performed on the scaffold and make copies of the record available to an inspector upon request.
(2) The record referred to in subsection (1) shall,
(a) be kept up to date;
(b) include the signature, name and business address of each person who performs an inspection, test, repair, modification or maintenance; and
(c) be kept at the project while the scaffold is there.
16. Subsection 153 (5) of the Regulation is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (c) and by revoking clause (e).
17. Subsection 158 (2) of the Regulation is amended by striking out “and shall sign and seal the report”.
18. Subsection 159 (4) of the Regulation is amended by striking out “and shall sign and seal the report”.
19. Subsection 166 (6) of the Regulation is amended by striking out “and shall sign and seal the report”.
20. Subsection 204 (5) of the Regulation is amended by striking out “and shall be signed and sealed by him or her”.
21. Subsection 236 (3) of the Regulation is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (c) and by revoking clause (e).
22. Subsection 280 (4) of the Regulation is amended by striking out “signed and sealed by the professional engineer who prepared them”.
23. Subsection 307 (7) of the Regulation is amended by striking out “signed and sealed by the professional engineer who prepared them”.
24. Subsection 365 (4) of the Regulation is amended by striking out “signed and sealed by the professional engineer who prepares them”.
25. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.
(2) Sections 1, 13 and 15 come into force on October 1, 2004.