Legislation
General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191
Part XI TEMPORARY STRUCTURES
Section 129.1 Forklift Platforms
- 129.1 (1) In this section,
- "forklift platform" means a work platform that is supported on the forks of an industrial lift truck.
- (2) An employer shall ensure that a forklift platform
- (a) is securely attached to the lift truck so as to prevent accidental movement of the platform or the tipping of the forklift,
- (b) is designed and constructed of material of sufficient strength to support safely the loads to which it may be subjected, and
- (c) if a manufactured platform, is erected, used, maintained and dismantled in accordance with the manufacturer's specifications.
- (3) An employer shall ensure that an industrial lift truck supporting a forklift platform
- (a) is on a firm flat surface to ensure the truck's stability, and
- (b) is operated by a competent person.
- (4) An employer shall ensure that a forklift platform is equipped with guardrails.
- (5) Despite subsection (4), if it is not practical to install guardrails when an employee is required to work from a moving forklift platform, the employer shall provide and the employee shall use a travel restraint system or fall-arresting system attached to an anchor point provided by the manufacturer or approved by an engineer.
- (6) When a fall-arresting system is used, the employer shall ensure that the fall-arresting system does not interfere with the raising and lowering of the platform.
[N.B. Reg. 2001-33, s. 40; 2010-159, s. 24; 2022-27, s. 31]
Section 129.2
129.2 A person who operates an industrial lift truck with a forklift platform shall, if the platform is elevated more than 1.2 m and there is a person on the platform,
- (a) not move the truck, and
- (b) remain at the controls of the truck.
[N.B. Reg. 2001-33, s. 40]
Part XV MATERIALS HANDLING EQUIPMENT AND PERSONNEL CARRYING EQUIPMENT
Section 216 Industrial Lift Trucks
- 216. (1) An employer shall ensure that an industrial lift truck
- (a) is used only for the purposes for which it was designed,
- (b) is operated by a competent employee,
- (c) is inspected daily and maintained in good operating condition,
- (d) is equipped with adequate brakes,
- (e) is equipped with a manually operated horn,
- (f) is equipped with adequate head and tail lights when used after dark or in dimly lit areas,
- (g) is equipped with an audible back-up alarm that operates automatically when the truck is in reverse gear and that is clearly audible above the background noise at the place of employment, or a flashing light that operates automatically when the truck is in reverse gear and that is clearly visible to persons who may be at risk when the truck backs up,
- (g.1) has a rear-view mirror or other means of ensuring that the truck can be safely backed up,
- (h) is equipped with overhead guards that conform to ANSI standard ASME B56.1-1993, "Safety Standard for Low Lift and High Lift Trucks" to protect the operator of the truck from falling material,
- (i) has the manufacturer's rated capacity posted in a conspicuous location on the truck,
- (j) is not loaded beyond its capacity, and
- (k) has any load on it stabilized and, when necessary, secured.
- (1.1) An operator of an industrial lift truck shall ensure that the truck is not loaded beyond its rated capacity and that the load is stabilized and, if necessary, secured.
- (2) An employer shall ensure that an industrial lift truck is not operated
- (a) where propelled by an internal combustion engine, near areas containing explosive dusts or flammable vapours or in buildings where the ventilation is not sufficient to eliminate the hazards from exhaust gases,
- (b) in a one-way aisle, unless the width of the aisle equals at least the width of the vehicle or load being carried, whichever is wider, plus 600 mm, or
- (c) in a two-way aisle, unless the width of the aisle equals at least twice the width of the vehicle or load, whichever is wider, plus 900 mm.
- (2.1) An employer shall ensure that a competent person thoroughly inspects and repairs an industrial lift truck and any safety devices installed on it before the industrial lift truck is first put in use and after any incident that may have damaged some part of it.
- (3) An employer shall install mirrors or other similar devices at blind intersections where there may be a danger of a collision between an industrial lift truck and another object or a person.
- (4) Where a hazard exists from rolling over, an employer shall ensure that an industrial lift truck is equipped with a rollover protective structure that meets the minimum safety requirements of CSA standard B352.0-95 , "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines - Part 1: General Requirements" or safety requirements that are certified by an engineer to provide equivalent or better protection.
- (5) An employer shall ensure that an industrial lift truck that has been fitted with a rollover protective structure is provided with seat belts or restraining devices that meet the requirements of subsection 221(1) and shall ensure that an operator of an industrial lift truck uses the seat belts and restraining devices while the industrial lift truck is in motion.
- (6) An operator of an industrial lift truck shall use the seat belts or restraining devices referred to in subsection (5) while the industrial lift truck is in motion.
[N.B. Reg. 2001-33, s. 71; 2022-79, s. 35]
Section 216.01 Precautions when hoisted by hoisting apparatus
- 216.01 (1) An employer shall ensure that an industrial lift truck that is raised from the ground by means of a hoisting apparatus is adequately blocked.
- (2) An employer shall ensure that an employee does not work under or go under the raised parts of an industrial lift truck unless the parts are adequately blocked, and no employee shall work under or go under the raised parts unless the parts are adequately blocked.
[N.B. Reg. 2022-79, s. 36]
Section 216.1
- 216.1 (1) No person shall alter an industrial lift truck in such a way as to render ineffective a safety device installed on the truck, except where the alteration has been certified in writing by the manufacturer of the device or an engineer as affording protection equal to or greater than the protection afforded by the original device.
- (2) An operator shall not use, and an employer shall not permit to be used, an industrial lift truck if the truck has been altered so as to render ineffective a safety device installed on the truck, unless the alteration has been certified in writing by the manufacturer of the device or an engineer as affording protection equal to or greater than the protection provided by the original device.
[N.B. Reg. 2001-33, s. 72]
Section 216.02 Pedestrian and equipment traffic
- 216.02(1) If the circumstances permit, an employer shall provide designated pedestrian walkways to separate pedestrian traffic from areas in which industrial lift trucks are in operation.
- (2) If the circumstances do not permit an employer to provide designated pedestrian walkways, an employer shall implement at least one of the following safe work procedures to minimize the possibility of collision:
- (a) the use of a traffic control system;
- (b) the enforcement of speed limits for industrial lift trucks; or
- (c) a requirement for a pedestrian and an industrial lift truck operator to acknowledge each other’s presence before the pedestrian proceeds through the area.
- (3) In order to improve an industrial lift truck operator’s view of the area, the operator may, if there is no pedestrian traffic in the area, travel forward with an elevated load provided that the operating conditions are maintained to ensure the stability of the truck and compliance with the manufacturer’s specifications.
[N.B. Reg. 2022-79, s. 36]
Section 216.2
- 216.2 (1) An operator of an industrial lift truck shall check for the effectiveness of all safety devices daily before operating the truck.
- (2) If more than one operator uses an industrial lift truck in the course of a day or if the industrial lift truck is used on more than one shift, each operator shall check for the effectiveness of all safety devices before operating the truck.
[N.B. Reg. 2001-33, s. 72]
Section 217
- 217. (1) An operator of an industrial lift truck shall not leave the truck unattended unless the operator
- (a) stops the engine,
- (b) sets the brakes,
- (c) parks on a level surface, and
- (d) lowers the hoisting mechanism so that the tips of the forks touch the floor.
- (2) An operator shall not operate an industrial lift truck with passengers on the truck unless the truck is designed to accommodate them safely.
