Legislation
General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191
Part X CONSTRUCTION, TRAFFIC AND BUILDING SAFETY
Section 100
- 100. (1) Where a guardrail is removed in order for work to be done, an employer and a contractor shall each ensure that
- (a) adequate precautions are taken to ensure the safety of the employee doing the work and any other employee, and
- (b) the area is not left unguarded.
- (2) An employee who removes a guardrail in order to do work shall replace the guardrail before leaving the area.
Section 111 Openings and fall prevention
- 111. (1) An owner of a place of employment, an employer and a contractor shall each ensure that an opening on a work surface into which an employee may fall is guarded as follows:
- (a) on all exposed sides by a guardrail; or
- (b) by a protective covering that
- (i) completely covers the opening,
- (ii) is securely fastened,
- (iii) is made from material adequate to support all loads to which the covering may be subjected, and
- (iv) is marked as covering an opening.
- (2) Despite subsection (1), if an opening is a hatchway, chute, pit or trap-door the owner of the place of employment, an employer and the contractor shall each ensure that openings are guarded as follows:
- (a) on all exposed sides by guardrails that are removable on not more than two sides and that are fixed on the other exposed sides; or
- (b) by a flush hinged protective covering that
- (i) completely covers the opening,
- (ii) is securely fastened,
- (iii) is of adequate strength,
- (iv) is marked as covering an opening, and
- (v) is adequately supported with attached railings so as to leave only one side of the opening exposed when the cover is open.
- (3) Despite subsections (1) and (2), if an opening leads to a stairway or ladder, an owner of a place of employment, an employer and a contractor shall each ensure that the opening is guarded by guardrails on all exposed sides, except for the side leading to the entrance to the stairway or ladder.
- (4) If a protective covering is used over an opening but is not in place, an owner of a place of employment, an employer and a contractor shall each ensure that the opening is constantly attended by an employee or is guarded by a guardrail on all exposed sides.
[N.B. Reg. 2010-159, s. 20]
112. Repealed. [N.B. Reg. 2010-159, s. 21]