Operating and working near powered mobile equipment can potentially be very dangerous. As a result, it must only be operated by competent employees. Operators must understand the safety requirements when operating powered mobile equipment, for both their own safety and that of others working around the equipment.
What is powered mobile equipment?
Powered mobile equipment is self-propelled off-highway equipment used for construction, mining, agriculture, forestry and other purposes. It includes front-end loaders, dozers, backhoes, excavators, skidders, forwarders, tree-harvesters, scrapers, compactors, rollers, graders, agricultural tractors and industrial tractors, but does not include industrial lift trucks or mobile cranes.
When operating powered mobile equipment, the best measure an operator can take to avoid injury or death in the event of a rollover or collision is to wear the seatbelt. In the event of a rollover, the rollover protective structures (ROPS) will act as a protective box around you and the seatbelt keeps you inside the box.
As an employer, you must:
While the employer is ultimately responsible for all the provisions mentioned above, the supervisor has a vital role to play in the safety of their teams. As a supervisor, you must:
As an operator of powered mobile equipment, you must:
General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191
Part I INTERPRETATION
2. In this Regulation
"ACGIH" means the American Conference of Governmental Industrial Hygienists;
"Act" means the Occupational Health and Safety Act ;
"adequate" means sufficient to protect a person from the risk of injury or damage to health;
"aerial device" means any vehicle-mounted telescoping or articulating device that is used to position a person by means of a bucket, basket, ladder or platform directly secured to the boom;
"air contaminant" means any gas, fume, smoke, vapour, dust or other airborne concentration of a substance that may be hazardous to the health or safety of a person;
"anchor point" means the part of a permanent or temporary structure or of a component attached to such a structure to which fall-protection components are connected or suspended equipment components are connected;
"angle of repose" means the angle with the horizontal at which material will no longer flow freely;
"ANSI" means the American National Standards Institute;
"arboricultural operation" means work connected with the care and maintenance of trees and includes pruning and tree removal;
"ASHRAE" means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.;
"ASME" means the American Society of Mechanical Engineers;
"blaster" means a person who holds a valid certificate of qualification in the blaster occupation or powderman trade issued under the Apprenticeship and Occupational Certification Act;
"blasting area" means an area within a 50 m radius extending from a place where explosives are being prepared, handled or loaded or from a place where an unexploded charge is known or believed to exist;
"blasting operation" means an operation using explosives and extends from the time explosives arrive at a place of employment to the time all explosives are used or removed from the place of employment;
"body belt" means a body support device that encircles the body at the waist and is also known as a safety belt;
"CGA" means the Compressed Gas Association, Inc.;
"CGSB" means the Canadian General Standards Board;
(a) qualified, because of such factors as knowledge, training and experience, to do assigned work in a manner that will ensure the health and safety of persons,
(b) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and
(c) knowledgeable about potential or actual danger to health or safety connected with the assigned work;
"control zone" means the area between an unguarded edge and a warning line which represents a safe distance from the edge;
"CSA" means the CSA Group;
"danger area" means twice the distance at which there exists a possibility of hazard to a person or property from the effects of a blast;
"dB" means peak sound pressure level in decibels referenced to twenty micropascals;
"dBA" means the sound pressure level in decibels referenced to twenty micropascals measured on the A scale of a sound level meter;
"de-energized" means isolated and grounded;
"energy absorber" means a component of a fall-arresting system that dissipates kinetic energy by creating or extending the deceleration distance;
"energy absorbing lanyard" means the integral assembly of a lanyard and an energy absorber;
"engineer" means a person who
(a) is registered as a member of the Association of Professional Engineers and Geoscientists of New Brunswick as entitled to engage in the practice of engineering,
(b) has received a licence from the Executive Council of the Association of Professional Engineers and Geoscientists of New Brunswick to engage in engineering, or
(c) is practising as a professional engineer in New Brunswick under subsection 10(7) of the Engineering and Geoscience Professions Act;
"explosive" means a substance that is made, manufactured or used to produce an explosion or detonation and includes black powder, propellant powders, blasting agents, dynamite, detonating cord, slurry, watergel and detonators;
"fall-arrester" means a mechanical fall-arrest device that is attached to a life line or rail and locks itself immediately in the event of a fall;
"fall-arresting system" means a permanent or temporary assembly of fall-protection components designed to arrest the fall of one or more employees;
"fall-protection system" means a guardrail, a travel restraint system, a fall-arresting system, a fall restricting system, that is either a personal fall restricting system or a collective fall restricting system that was designed to
(a) prevent or eliminate the risk of falling,
(b) restrain an employee who is at risk of falling, or
(c) stop an employee who has fallen;
"fall restricting system" means a combination of a work positioning system and fall restricting equipment;
"felling" means any part of an operation that severs a tree from its stump and brings it to a horizontal position on the ground or a bed;
"firefighter" means an employee who provides fire protection services to the public from a fire department within a local government or local service district, and includes an industrial firefighter;
"free fall" means the vertical distance between the onset of a fall to the point where the fall-arresting system begins to apply force to arrest the fall;
"full body harness" means a body-holding device that is designed to transfer to an employee's torso and upper legs the forces experienced during and after the arrest of a fall, and that depending on the classification of the device, a full body harness may also be designed for travel restraint, work positioning or suspension in addition to fall-arrest;
"guardrail" means an assembly of components joined together to form a barrier that is designed to prevent an employee from falling off the edge of a surface, but excludes a permanent guardrail system;
"harassment", in a place of employment, means any objectionable or offensive behaviour that is known or ought reasonably to be known to be unwelcome, including bullying or any other conduct, comment or display made on either a one-time or repeated basis that threatens the health or safety of an employee, and includes sexual harassment, but does not include reasonable conduct of an employer in respect of the management and direction of employees at the place of employment;
"hazardous substance" means a substance that may, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;
"hoisting apparatus" means mobile cranes, tower cranes, electric overhead travelling cranes, vehicle hoists, winches, and other similar equipment, but does not include elevators, dumbwaiters, or mine hoists;
"individual fall-arresting system" Repealed. [N.B. Reg. 2010-159, s. 1]
"horizontal life line" means a rope made of synthetic fibre or wire, a rail or other similar device that is attached horizontally to a minimum of two anchor points, and to which a fall-arresting system or travel restraint system may be attached;
"industrial firefighter" means an employee who works at an industrial or commercial place of employment and who is designated by his or her employer to fight fires at that place of employment;
"industrial lift truck" means a self-propelled vehicle used to carry, lift, stack, tier, push or pull material;
"lanyard" means a flexible line used to attach a full body harness or body belt to an energy absorber, a vertical life line, a horizontal life line or an anchor point;
"life line" means a manila rope with a minimum diameter of 19 mm or a rope or strap of equivalent strength;
"lock out" means to render a machine or electrical equipment inoperative and prevent it from being activated by using a locking device to isolate the energy source from the machine or equipment;
"logging operation" means work connected with the harvesting of trees and includes the felling and transportation of trees;
"manufacturer's rated capacity" means the maximum capacity, speed, load, depth of operation or working pressure recommended in the manufacturer's specifications for the operation of a machine under the circumstances prevailing at the time of operation;
"manufacturer's specifications" means the written instructions or recommendations of a manufacturer of a machine, materials, tools or equipment that outline the manner in which the machine, materials, tools or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, maintained, repaired or dismantled and includes an instruction, operating or maintenance manual and drawings;
"owner of a tool" means a person who has purchased, rented or otherwise obtained a tool and has the tool for use at a place of employment;
"personal fall-protection system" means the components of a fall-protection system for which the employee is responsible and includes a full body harness, a body belt, an energy absorbing lanyard, a fall-arrester, a self-retracting device and the connecting hardware;
"portable compressed gas container" means any container having a water capacity of 450 kg or less that contains or is intended to contain a compressed or liquefied gas;
"portable power-operated hand tool" means a tool held with one or both hands and powered by a hydraulic, pneumatic, electrical or chemical energy source;
"powder actuated tool" means a tool that, by means of an explosive force, propels or discharges a fastening device for the purpose of impinging it on, affixing it to or causing it to penetrate another object or material;
"powderman" repealed; [N.B. Reg. 93-8, s. 1]
"powered mobile equipment" means self-propelled off-highway equipment used for construction, mining, agriculture, forestry and other purposes and includes front-end loaders, dozers, backhoes, excavators, skidders, forwarders, tree-harvesters, scrapers, compactors, rollers, graders, agricultural tractors and industrial tractors, but does not include industrial lift trucks or mobile cranes;
"pressure" means gauge pressure in kilopascals;
"SAE" means the Society of Automotive Engineers;
"safeguard" means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure, handrail or other similar device designed to protect the safety of a person, but does not include protective equipment;
"safety monitor" means a competent person designated to monitor weatherproofing activities in a control zone to ensure that work is done in a manner that minimizes the potential for an employee to fall;
"service stairway" means a stairway used for access for purposes of maintenance and repair and not used as part of a travelway;
"silviculture operation" means the development and care of trees and includes site preparation, planting, thinning and harvesting;
"structural fire-fighting" means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects;
"swing staging" means a platform supported at the ends by hangers or stirrups and slings and suspended by ropes attached to hooks or thrust- outs which are attached to fixed supports;
"suspended equipment" means any permanently installed or temporary fixed suspended work platform, swing staging, boatswain's chair or other similar device suspended by support lines or other means, designed to carry employees for the purpose of gaining access to exterior and interior building surfaces and other structures;
"threshold limit value" means
(a) except with respect to lead sulfide and formaldehyde, a threshold limit value adopted by the ACGIH and set out in the ACGIH publication entitled "1997 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices", and
(b) with respect to lead sulfide, a threshold limit value adopted by the ACGIH for lead sulfide set out in the ACGIH publication entitled "1991-1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices", and
(c) with respect to formaldehyde, the threshold limit value set out in section 23.1;
"tool" includes a hand tool, a portable power-operated hand tool and a powder actuated tool;
"travel restraint system" means an assembly of components designed to prevent an employee from reaching an unguarded edge or an opening;
"underground mine" means an underground mine as defined in the Underground Mine Regulation - Occupational Health and Safety Act;
"vertical life line" means a flexible line or rope made of synthetic fibre or wire or a rail attached to an anchor point to which a fall-arrester is attached;
"violence", in a place of employment, means the attempted or actual use of physical force against an employee, or any threatening statement or behaviour that gives an employee reasonable cause to believe that physical force will be used against the employee, and includes sexual violence, intimate partner violence and domestic violence;
"warning line" means a supported raised line marking the edge of a control zone;
"weatherproofing" means the application of tar, asphalt, gravel, insulation, shingles or membrane material to a roof but does not include the installation of decking material or the stripping of materials from the roof;
"work platform" Repealed. [N.B. Reg. 2001-33, s. 1]
"work positioning system" means a system designed to provide a means of support for an employee at a desired height that allows an employee to have his or her hands free to perform a task;
"zero energy state" means, with respect to a machine, a state in which all
(a) power sources,
(b) pressurized fluids and air,
(c) potential mechanical energy,
(d) accumulators and air surge tanks,
(e) kinetic energy of machine members,
(f) loose or freely moveable machine members, and
(g) moveable material or work pieces that are supported, retained or controlled by a machine and that could move or cause the machine to move,
are acted upon to render the machine incapable of spontaneous or unexpected action by being locked out, isolated, blocked, supported, retained, controlled, drained to tank, vented to the atmosphere, reduced to atmospheric pressure or otherwise released of potential energy.
[N.B. Reg. 96-106, s. 1; 97-121, s. 1; 2001-33, s. 1; 2005-80, s. 1; 2010-159, s. 1; S.N.B. 2017, c. 20, s. 122; 2018-82, s. 1; 2020-35, s. 1]
Part XV MATERIALS HANDLING EQUIPMENT AND PERSONNEL CARRYING EQUIPMENT
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]
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]
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]
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]
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.
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.
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 jacks or hoists 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]
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]
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]
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.