Legislation
General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191
Part XVI MECHANICAL SAFETY
Section 239 Lock out
- 239. (1) An employer shall ensure that in addition to the normal control start and stop mechanism, any equipment or machine has a means of isolating the energy source to the equipment or the machine that is
- (a) lockable,
- (b) in a location familiar to all employees, and
- (c) properly identified.
- (2) An employer shall provide a safety lock and key to an employee who may have to lock out any equipment or machine.
- (3) An employer shall establish a written lock out procedure for equipment and machines and ensure that an employee who may be required to lock out the equipment or the machine is adequately instructed and trained to lock out the equipment or the machine.
- (4) Subject to section 240, where any equipment or machine is to be cleaned, maintained, adjusted or repaired, an employer shall ensure that no employee works on the equipment or the machine until
- (a) a competent person puts the equipment or the machine in a zero energy state,
- (b) each employee who will be working on the equipment or the machine
- (i) verifies that all potential energy sources have been made inoperative,
- (ii) locks out the equipment or the machine using the safety lock and key provided by the employer, and
- (iii) puts a non-conductive tag on the safety lock that contains
- (A) words directing persons not to start or operate the equipment or machine,
- (B) the qualified person’s printed name and signature, and
- (C) the date and time when the tag was put on the safety lock.
- (5) No employee shall clean, maintain, adjust or repair any equipment or machine until the employee verifies that paragraphs (4)(a) and (b) have been complied with and verifies by testing that the equipment or the machine is inoperative.
- (6) No person shall remove a safety lock or tag except
- (a) the person who installed it, or
- (b) in an emergency or where attempts made to contact the person referred to in paragraph (a) indicate the person is not available, a competent employee designated by the employer.
[N.B. Reg. 2001-33, s. 86; 2022-79, s. 50]
Section 240
240. Where the lock out procedure referred to in section 239 is inappropriate for the cleaning, maintenance, adjustments or repairs to be performed or is inadequate for the protection of an employee, an employer shall
- (a) establish a code of practice in consultation with the committee or health and safety representative, if any, specifying personnel responsibilities, personnel training and details of procedure for the neutralization, clearance, release and start up of the equipment or machine, and
- (b) comply with and enforce the code of practice.
[N.B. Reg. 2001-33, s. 87; 2022-27, s. 36; 2022-79, s. 51]