Vehicles

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Vehicle operation can cause serious injuries or death as a result of collisions, roll-overs or crushing injuries. 

Summary

Vehicle operation can cause serious injuries or death as a result of collisions, roll-overs or crushing injuries. The major causes of injuries include:

  • Vehicle operation by an untrained or incompetent employee
  • Operation of a vehicle that lacks required safety equipment or has not been properly maintained
  • Overloading a vehicle beyond its capacity or carrying unstable or unbalanced loads

The regulations applying to vehicles are dependent on its capacity and whether it is operated on or off-highway. [Reg. 91-191, S.230.2]

  • Highway, as defined by the Motor Vehicle Act, Chapter M-17:
    • Capacity is determined as the difference between the gross vehicle weight rating (GVWR) provided by the manufacturer and the empty (curb) weight of the vehicle.

Gross vehicle weight rating (GVWR) - curb weight = capacity

When a vehicle with a capacity of one tonne (1000kg) or more is operated off-highway, as an employer, you must ensure that:

Whenever a vehicle is used (on or off-highway and regardless of its capacity), as an employer you must ensure that:

  • Employees are protected from tire explosion during tire installations and inflation. A safety cage or other restraining device can be used for this purpose. [Reg. 91-191, S.230.3(1)]
  • Blocks are used when the vehicle is raised on jacks or hoists. [Reg. 91-191, S.230.3(2)]
  • Employees do not work under a raised vehicle unless the raised parts are blocked. [Reg. 91-191, S.230.3(3)]
  • An employee gives signals to the operator of a vehicle that is backing up when the operator has limited visibility. [Reg. 91-191, S.230.31(1)]
  • Precautions are taken to prevent roll-over when a vehicle is operated on a slope or bank. [Reg. 91-191, S.230.31(2)]
  • Take measures to protect employees where dust may impede visibility. [Reg. 91-191, S.230.31(3)]
  • If used as a power supply, make sure that wheel chocks or similar devices are used to prevent the vehicle from moving in a way that may harm an employee. [Reg. 91-191, S. 230.201]

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:

  • Acquaint your employees with the hazards and control measures associated with their work
  • Provide the information and instruction necessary to ensure their health and safety
  • Enforce company safety rules, programs, codes of practice and procedures, including ensuring employees comply with the requirements below.

Whenever a vehicle is used (whether on or off-highway and regardless of capacity), as an employee/operator you must:

Legislation

General Regulation - Occupational Health and Safety Act

N.B. Reg. 91-191

Part XV MATERIALS HANDLING EQUIPMENT AND PERSONNEL CARRYING EQUIPMENT

Section 230.2 Vehicles

230.2 In sections 230.21 to 230.5,

"vehicle" means every device in, upon or by which any person or property is or may be transported or drawn, but does not include devices moved by human power, devices used exclusively upon water or stationary rails or tracks, powered mobile equipment, hoisting apparatus or industrial lift trucks.

[N.B. Reg. 2001-33, s. 84]

Section 230.3
  • 230.3 (1) An employer shall ensure that when a tire for a vehicle 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 a vehicle that is raised from the ground by means of a hoisting apparatus is adequately blocked.
  • (3) An employer shall ensure that an employee does not work under or go under the raised parts of any vehicle unless the parts are adequately blocked, and no employee shall work under or go under such raised parts unless the parts are adequately blocked.

[N.B. Reg. 2001- 33, s. 84; 2022-79, s. 44; 2022-79, ss. 44-46]

Section 230.4
  • 230.4 (1) An operator of a vehicle shall
    • (a) ensure that a person does not ride on any part of the vehicle not designed to carry passengers, and
    • (b) not store containers of gasoline, diesel oil or other flammable substances in the cab.
  • (2) An operator of a vehicle shall, when leaving the vehicle unattended, park it on level ground and set the brake.

[N.B. Reg. 2001-33, s. 84]

Section 230.5
  • 230.5 (1) An operator of a vehicle shall check daily for the effectiveness of all safety devices before operating the vehicle.
  • (2) If more than one operator uses a vehicle in the course of a day or if the vehicle is used on more than one shift, each operator shall check for the effectiveness of all safety devices before operating the vehicle.

[N.B. Reg. 2001-33, s. 84]

Section 230.21 Use, operation and equipment
  • 230.21 (1) An employer shall ensure that a vehicle with a capacity of 1 t or more that is operated off-highway
    • (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.
  • (2) An employer shall ensure that a vehicle with a capacity of one tonne or more that is operated off-highway
    • (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, and
    • (d) is lubricated only when at rest or as the manufacturer directs.

[N.B. Reg. 2001-33, s. 84; 2022-79, s. 43]

Section 230.31
  • 230.31 (1) An employer shall designate an employee to give signals to an operator of a vehicle who is backing up the vehicle and who is not able to see clearly behind the vehicle, and the operator shall back up the vehicle only on signals from the designated employee.
  • (2) Where a vehicle is operated on a slope or bank that may give way, an employer shall ensure that adequate precautions are taken to stabilize the bank and to distribute the load of the vehicle.
  • (3) Where a vehicle is operated in an area where dust may create a hazard to employees because of poor visibility, an employer and a contractor, if any, shall each take such measures with respect to the dust as are sufficient to protect employees from the risk of injury.

[N.B. Reg. 2001-33, s. 84]

Section 230.41
  • 230.41 (1) No person shall alter a vehicle in such a way as to render ineffective a safety device installed on the vehicle.
  • (2) Notwithstanding subsection (1), a person may alter a vehicle so as to render ineffective a safety device installed on the vehicle 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, a vehicle if the vehicle has been altered so as to render ineffective a safety device installed on the vehicle.
  • (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. 84]

Section 230.201 Vehicle used as power supply

230.201 If a vehicle is used as a power supply, an employer shall ensure that wheel chocks or similar devices are used to prevent the vehicle from moving in a manner that may endanger an employee.

[N.B. Reg. 2022-79, s. 42]

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