Legislation
General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191
Part IX TOOLS
Section 80 General Duties of an Owner
80. An owner of a tool shall ensure that the tool
- (a) is of good quality material appropriate for its intended use,
- (b) is inspected before being used and repaired or replaced if necessary,
- (c) is maintained in proper working condition,
- (d) is tempered, dressed and repaired only by a competent person,
- (e) where necessary, is equipped with devices to ensure a secure hand grip,
- (f) is of a non-sparking type where there is risk of an explosive atmosphere being ignited by a spark, and
- (g) is kept in a proper storage place when not in use.
Section 81 General Duties of an Employer
81. An employer shall ensure that
- (a) employees are competent in the safe handling and use of tools,
- (a.1) employees comply with the manufacturer’s specifications when using tools,
- (b) employees are instructed to use tools only for the specific purposes for which they are designed, and
- (c) procedures are implemented for safely supplying tools and materials to employees located in hazardous places.
[N.B. Reg. 2024-38, s. 53]
Section 82 General Duties of a User of a Tool
- 82. (1) An employee who uses a tool shall use, handle and carry the tool in a safe manner.
- (2) Without limiting the duties under subsection (1), an employee who uses a tool shall
- (a) inspect the tool before use,
- (b) not use a defective tool,
- (c) report the existence of a defective tool to the employer,
- (d) where competent to do so, maintain the tool in proper working condition,
- (e) use the tool only for the specific purpose for which it is designed,
- (f) place the tool in a safe and appropriate container or place when not in use,
- (g) not leave tools on floors, passageways, stairways or elevations from which they might fall,
- (h) use a holding device to hold a tool that is to be struck by another employee, and
- (i) not point at any person a tool that ejects pins, nails or any other projectile.
Section 87 Powder Actuated Tools
87. An owner of a powder actuated tool shall ensure that
- (a) the tool, power load and fastener meet the requirements of ANSI standard ANSI A10.3-1995, "American National Standard for Construction and Demolition Operations - Safety Requirements for Powder-Actuated Fastening Systems",
- (b) the tool is legibly and durably marked to show the manufacturer's name or trademark and the model and serial number,
- (c) guards for the tool are legibly and durably marked to show the manufacturer's name or trademark,
- (d) the powder load of each cartridge for the tool is clearly identified,
- (e) boxes of fasteners for the tool are legibly and durably marked to show the manufacturer's name or trademark and the type or size of fastener, and
- (f) the tool has a storage container at the place of employment.
[N.B. Reg. 2001-33, s. 28]
Section 88
88. An employer shall ensure that
- (a) no employee operates a powder actuated tool unless the employee
- (i) has been trained in the use of the specific make and model of the tool to be used and is in possession of a valid operator's certificate,
- (ii) is competent to use the tool, and
- (iii) is authorized to use the tool, and
- (b) all powder actuated tools and their explosive charges are kept in a storage area that is accessible only to persons who are authorized to handle them.
Section 89
89. An employee who uses a powder actuated tool shall
- (a) inspect the tool thoroughly before using it, paying particular attention to the cleanliness of the chamber and barrel;
- (b) load the tool only after inspection reveals that the breech and barrel are free of foreign matter and only to prepare the tool for immediate use;
- (c) use only cartridges and fasteners designed for the tool;
- (d) select cartridges of sufficient power to perform the work without the application of excessive force;
- (e) not use the tool in the presence of flammable or explosive substances;
- (f) not fire a fastener
- (i) through an existing hole unless the tool is specifically equipped by the manufacturer for accurate alignment of the barrel with the hole,
- (ii) into cast iron, glazed brick or tile, marble, granite, slate, glass or any other unusually hard or brittle material,
- (iii) into a steel surface that is of greater hardness than the fastener being used,
- (iv) with a high velocity tool into a hollow concrete block, and
- (v) until the work area has been checked for employees working in proximity to where the fastener is going to be fired;
- (g) when the hardness of a surface is not known, use a hand hammer to drive the point of the fastener into the material and not use the tool on that surface if the fastener does not penetrate the surface;
- (h) if a misfire occurs, continue to hold the tool in a firing position for not less than fifteen seconds and then, until the cartridge has been ejected, keep the tool pointed in a direction which will not cause injury to the user or others;
- (i) wear suitable eye protective equipment of the close fitting eyecup or cover-goggle type;
- (j) return unused cartridges to a proper storage box; and
- (k) operate it in accordance with the manufacturer's specifications.
[N.B. Reg. 97-121, s. 18]
Abrasive Blasting and High Pressure Washing Tools