General Regulation - Occupational Health and Safety
Act
N.B. Reg. 91-191
Part XV MATERIALS HANDLING EQUIPMENT AND PERSONNEL CARRYING EQUIPMENT
Section 219
219. (1) An employer shall ensure that powered mobile
equipment has a cab, screen, shield, grill, deflector, guard or other
adequate protection for the operator if the operator may be exposed
to the hazard of flying or intruding objects.
(2) Where a hazard exists to the operator of powered
mobile equipment from falling objects, an employer shall ensure that
the powered mobile equipment is equipped with a falling objects protective
structure adequate for the conditions in which the equipment is being
used and that meets the requirements of the appropriate SAE standard
listed below or that is certified by an engineer to provide equivalent
or better protection:
(a) SAE J167 DEC86, "Overhead Protection for Agricultural
Tractors - Test Procedures and Performance";
(b) SAE J231 JAN81, "Minimum Performance Criteria for
Falling Object Protective Structures (FOPS)";
(c) SAE J397 APR88, "Deflection Limiting Volume-ROPS/FOPS
Laboratory Evaluation";
(d) SAE J1042 JUN93, "Operator Protection for General
Purpose Industrial Machines";
(e) SAE J1043 APR85, "Performance Criteria for FOPS on
General Purpose Industrial Machines"; or
(f) SAE J1084 APR80, "Operator Protective Structure Performance
Criteria for Certain Forestry Equipment".
[N.B. Reg. 2001-33, s. 73]
Section 220
220. (1) An employer shall ensure that powered mobile
equipment manufactured on or after January 1, 1974 is equipped with
a rollover protective structure that meets the minimum safety requirements
of CSA standard B352-M1980, "Rollover Protective Structures (ROPS) for Agricultural, Construction,
Earthmoving, Forestry, Industrial, and Mining Machines".
(2) An employer shall ensure that powered mobile equipment
manufactured before January 1, 1974 is equipped with a rollover protective
structure that meets the requirements of subsection (1) or the following
criteria:
(a) the rollover protective structure and supporting
attachments are designed, fabricated and installed in such a manner
to support not less than twice the weight of the equipment, based
on the ultimate strength of the metal and integrated loading of supporting
members with the resultant load applied at the point of impact;
(b) there is a vertical clearance of 1320 mm between
the deck and the rollover protective structure at the access openings;
and
(c) the rollover protective structure and supporting
attachments referred to in paragraph (a) are certified as meeting
the requirements of paragraph (a) by the manufacturer of the rollover
protective structure, the installing agency or an engineer.
(3) Notwithstanding subsections (1) and (2), the Chief
Compliance Officer may give permission in writing for a deviation,
under such terms and conditions as he considers advisable, for powered
mobile equipment to be used without a rollover protective structure
if there is no significant chance of upset and
(a) the equipment has a frame that is not capable of
supporting the stresses introduced by a rollover protective structure
during upset,
(b) the equipment has a low centre of gravity that makes
upset unlikely, or
(c) the installation of a rollover protective structure
constitutes an operating hazard in the circumstances in which the
equipment is operating.
(4) An employer shall ensure that all modifications or
repairs to a rollover protective structure meet the requirements of
this section and are certified as meeting such requirements by the
modification design agency, the installing agency or an engineer and
that such certification is made available to an officer on request.
[N.B. Reg. 96-106, s. 8; 2001-33, s. 74]
Section 221
221. (1) An employer shall ensure that powered mobile
equipment that has been fitted with a rollover protective structure
is provided with
(a) seat belts for the operator and passengers that comply
with or exceed whichever of the following Society of Automotive Engineers'
Recommended Practices is appropriate:
(i) SAE J386 NOV97, "Operator Restraint Systems for Off-
Road Work Machines";
(ii) SAE J117 JAN 1970, "Dynamic Test Procedure -Type
1 and Type 2 Seat Belt Assemblies"; or
(iii) SAE J800 APR 86, "Motor Vehicle Seat Belt Assembly
Installations"; or
(b) where the wearing of seat belts is impracticable,
restraining devices such as shoulder belts, bars, gates, screens or
other similar devices designed to prevent the operator and passengers
from being thrown outside the rollover protective structure.
(2) An operator of and passengers on powered mobile equipment
shall use the seat belts or restraining devices referred to in subsection
(1) while the equipment is in motion.
[N.B. Reg. 2001-33, s. 75]
Section 224
224. An employer shall ensure that powered mobile equipment
(a) is used only for the purposes for which it is designed
and equipped,
(b) is operated by a competent employee,
(c) is equipped with adequate brakes,
(d) is equipped with a manually operated horn,
(e) has a rear view mirror or other means of ensuring
that the equipment can be safely backed up,
(f) is equipped with an audible back-up alarm that operates
automatically when the equipment is in reverse and that is clearly
audible above the background noise,
(g) is equipped with adequate headlights and tail lights
when used after dark or in dimly lit areas,
(h) has gears and moving parts adequately guarded,
(i) has controls that cannot be operated from outside
the cab unless the controls are designed to be operated from outside
the cab,
(j) has any load on it adequately secured, and
(k) is provided with a three point contact to access
the operator's cab.
[N.B. Reg. 2001-33, s. 78]
Section 226
226. An employer shall designate an employee to give
signals to an operator of powered mobile equipment who is backing
up the equipment and who is not able to see clearly behind the equipment
and the operator shall back up the equipment only on signals from
the designated employee.
Section 228
228. An operator of powered mobile equipment shall
(a) ensure that a person does not ride on any part of
the equipment not designed to carry passengers,
(b) not set equipment in motion until all air and hydraulic
pressures are fully built up to specified operating pressures,
(c) when leaving the equipment unattended,
(i) park it on level ground,
(ii) set the brake,
(iii) lower the blades and bucket or safely block them,
(iv) disengage the master clutch,
(v) stop the engine, and
(vi) remove the key,
(d) follow a safe re-fueling procedure,
(e) not store containers of gasoline, diesel oil or other
flammable substances in the cab,
(f) not carry loose articles in the cab, and
(g) keep the equipment in gear when going downhill.
Section 229 Precautions when Precautions when jacked or hoisted
229. (1) An employer shall ensure that powered mobile
equipment
(a) is maintained in safe working condition,
(b) has defective parts repaired or replaced before being
set in motion,
(c) has air and hydraulic lines, hoses and components
maintained in safe operating condition,
(d) has wire ropes, drums and sheaves inspected visually
on a daily basis by the operator of the equipment and inspected visually
and physically by a competent person on a weekly basis, and
(e) is lubricated only when at rest or as the manufacturer
directs.
(f) Repealed. [N.B. Reg. 2001-33, s. 81]
(1.1) An employer shall ensure that when a tire for powered
mobile equipment is installed and inflated on a rim, a safety cage
or other restraining device is used for the tire and the rim, and
that other appropriate precautionary measures are followed to protect
employees from the hazard of the tire exploding.
(2) An employer shall ensure that powered mobile equipment
and detachments for powered mobile equipment that are raised from
the ground by means of a hoisting apparatus are adequately blocked.
(3) An employer shall ensure that an employee does not
work under or go under the raised parts of any powered mobile equipment
unless the parts are adequately blocked and no employee shall work
under or go under such raised parts unless the parts are adequately
blocked.
(4) Where repair or maintenance work is carried out at
the point of articulation on front end loaders or similar powered
mobile equipment, an employer shall ensure that lock bars are used
to prevent movement of either end of the loader or similar equipment.
[N.B. Reg. 2001-33, s. 81; 2022-79, ss. 39-41]
Section 229.1
229.1 (1) No person shall alter any powered mobile equipment
in such a way as to render ineffective a safety device installed on
the equipment.
(2) Notwithstanding subsection (1), a person may alter
powered mobile equipment so as to render ineffective a safety device
installed on the equipment if the alteration is certified in writing
by the manufacturer of the safety device or an engineer as affording
protection equal to or greater than the protection afforded by the
safety device.
(3) An operator shall not use, and an employer shall
not permit to be used, any powered mobile equipment if the equipment
has been altered so as to render ineffective a safety device installed
on the equipment.
(4) Subsection (3) does not apply where the alteration
has been certified in writing by the manufacturer of the safety device
or an engineer as affording protection equal to or greater than the
protection provided by the safety device.
[N.B. Reg. 2001-33, s. 82]
Section 229.2
229.2 (1) An operator of powered mobile equipment shall
check for the effectiveness of all safety devices daily before operating
the equipment.
(2) If more than one operator uses powered mobile equipment
in the course of a day or if the powered mobile equipment is used
on more than one shift, each operator shall check for the effectiveness
of all safety devices before operating the equipment.
[N.B. Reg. 2001-33, s. 82]
Section 230
230. Where powered mobile equipment is used on a slope
or bank which may give way, an employer shall ensure that adequate
precautions are taken to stabilize the bank and to distribute the
load of the equipment.