Workplace Health and Safety Regulations
N.S. Reg. 52/2013

Part 1 INTERPRETATION AND APPLICATION

Section 1.2 Definitions for these regulations

1.2 In these regulations,

"Act" means the Occupational Health and Safety Act ;

"adequate" means sufficient to protect a person from injury or damage to health;

"ANSI" means the American National Standards Institute;

"anchorage" means a secure connecting point capable of safely withstanding the impact forces, as prescribed in these regulations or an applicable standard, applied by a fall-protection system;

"approved" means approved by the Department or by an agency or authority designated or selected by the Department to make approvals;

"competent person" means a person who is

(i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work,

"CSA" means the Canadian Standards Association;

"certified" means meeting the requirements of a standard as attested to by a certification organization accredited by the Standards Council of Canada or an engineer;

"Department" means the Department of Labour and Advanced Education;

"designated" means, in relation to an employer, appointed in writing by the employer;

"emergency services agency" means an agency operating within the Province for the purpose of responding to emergencies, including

(i) a municipal police force required to be maintained under the Police Act, including the Royal Canadian Mounted Police,

(ii) fire departments,

(iii) ambulance services;

"engineer" means a person who is registered as a member or licensed to practise under the Engineering Profession Act and is competent to do the work being performed;

"latest version" means, in relation to a standard or other publication, the latest edition of the standard or publication as supplemented, amended, added to, replaced or superseded;

"manufacturer's specifications" means

(i) the written instructions of a manufacturer of a machine, material, tool or equipment that outline the manner in which the machine, material, tool or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, carried, maintained, repaired, inspected, serviced, tested, cleaned or dismantled, and

(ii) a manufacturer's instruction, operating or maintenance manual and drawings respecting a machine, tool or equipment;

"temporary highway workplace" means a temporary workplace on a highway, as defined in Part 24;

"work area" means a location at a workplace where an employee or self-employed person is working or may be required to work.

Section 1.11 Engineer's certification required for other use of equipment or components

1.11 (1) An employer must obtain a written certification from an engineer in accordance with subsection (2) that certifies that the employer's intended use of equipment, components of equipment or components of a system provides an adequate level of safety for all persons at or near the workplace in all of the following circumstances:

(a) the employer intends to use the equipment, components of equipment or components of a system for a purpose or in a manner that is

(i) not specifically permitted by the manufacturer's specifications,

(ii) not specifically permitted by an applicable standard referred to in these regulations;

(b) the employer intends to use equipment, components of equipment or components of a system for which no manufacturer's specifications exist or are provided.

(2) An engineer must do all of the following before certifying equipment, components of equipment or components of a system under subsection (1):

(a) ensure that the use of the equipment, components of equipment or components of a system as intended by the employer is in accordance with generally accepted engineering practices;

(b) identify, as part of the written certification, any measures to be taken to provide an adequate level of safety.

(3) An engineer must sign any written certification they prepare under this Section.

Part 21 FALL PROTECTION

Section 21.2 Fall protection required

21.2 (1) Except as provided in subsections (3) to (5), fall protection is required if a person is at risk of falling from a work area where the fall distance is

(a) 3 m or more above the nearest safe surface or water;

(b) less than 3 m and the work area is above 1 of the following:

(i) a surface or thing that could cause injury to the person on contact that is worse than an injury from landing on a solid, flat surface,

(ii) exposed hazardous material, such as in an open tank, pit or vat.

(2) If fall protection is required, an employer must ensure that at least 1 of the following means of fall protection is used, as appropriate in the circumstances:

(a) a guardrail;

(b) temporary flooring;

(c) a personnel safety net;

(d) a travel restraint system;

(e) a fall-arrest system.

(3) Fall protection is not required for a person who is entering or exiting a work area by a safe means of access and egress.

(4) Fall protection is required only where reasonably practicable and to the extent reasonably practicable in any of the following circumstances:

(a) if work must be performed on or from a vehicle, rail car or other mobile equipment;

(b) if it is not reasonably practicable to perform work other than from a ladder and it is not reasonably practicable for the person performing the work to maintain adequate contact with the ladder while performing the work;

(c) if the density of tree branches prevents an arborist from crotching.

(5) If it is not reasonably practicable to use fall protection in the circumstances described in subsection (4), an employer must ensure that an alternate control measure is used to reduce, to the extent reasonably practicable, the risk of a fall.

Part 23 SCAFFOLDS AND OTHER ELEVATED WORK-PLATFORMS

Section 23.1 Definitions for Part 23

23.1 In this Part,

"boatswain's chair" means a simple body support device used for work positioning that typically incorporates a rigid seat and a suspension bridle and is suspended from an anchorage;

"bracket scaffold" means a scaffold consisting of a work-platform that is supported by metal brackets and attached to a structural wall but does not include a side bracket or end bracket;

"crane-supported work-platform" means a work-platform suspended from the cable of a hoist or crane, or attached directly to the boom of a crane by mechanical fasteners;

"elevating work-platform" means a type of integral chassis aerial platform that has an adjustable position platform that is supported from ground level;

"ITSDF" means the Industrial Truck Standards Development Foundation;

"ladderjack scaffold" means a scaffold erected by means of attaching 1 or more brackets to 1 or more ladders to support a work-platform;

"lift truck" means a lift truck as defined in the latest version of ANSI standard ANSI/ITSDF B56.1,

"Safety Standard for Low Lift and High Lift Trucks";

"lift truck work-platform" means a work-platform designed to be mounted on a high lift truck, or other elevating device, to provide a safe-working area for a person elevated by and working from the platform's surface;

"pumpjack scaffold" means a scaffold consisting of a work-platform supported by vertical poles and adjustable support brackets;

"rolling scaffold" means an assembled scaffold

(i) supported by wheels, and

(ii) moved manually,

"scaffold" means a temporary elevated or hanging platform and its structural members that are used to support persons and materials, or both;

"standard", in relation to a component of access scaffolding equipment, means a vertical scaffold member that supports the weight of a scaffold;

"suspended platform" means an access system that meets all of the following criteria, and includes but is not limited to permanently installed suspended equipment, temporary suspended equipment, a boatswain's chair, stages running on an incline and suspended work cages:

(i) it is suspended from overhead and arranged for hoisting, and may traverse the exterior or interior side of a building or structure, and

(ii) it consists of a platform and means of suspension, lateral restraint, hoisting and anchoring;

"transom", in relation to a component of access scaffolding equipment, means a horizontal scaffold member capable of supporting a platform or a lifting beam;

"work-platform" means a temporary horizontal working surface that provides access and support for a person at the workplace.

Section 23.2 Engineer's certification of scaffolding

23.2 In addition to any certification required under Section 1.11, an employer must ensure that the design and installation of a scaffold used in a workplace are certified by an engineer if

(a) required by the latest version of CSA standard CSA Z797 , "Code of Practice for Access Scaffold"; or

(b) the scaffold is a wooden scaffold that is taller than 10 m high measured from the height of the highest work-platform.

Section 23.3 Standards for scaffolds

23.3 (1) An employer must ensure that a scaffold that is required to safely perform work is erected, installed, assembled, used, handled, stored, adjusted, maintained, repaired, inspected or dismantled in accordance with the latest version of CSA standard CSA Z797 , "Code of Practice for Access Scaffold".

(2) An employer must ensure that a scaffold is

(a) designed to support and capable of holding at least 4 times the load that is likely to be on it; and

(b) not used for a load that is heavier than 25% of the load that it is designed for.

Section 23.4 Scaffolding equipment prohibited

23.4 A person must not use, and an employer must ensure a person does not use, any of the following equipment at a workplace:

(a) wooden pumpjack scaffold poles;

(b) wooden carpenter's brackets;

(c) ladderjack scaffolds.

Section 23.5 Pumpjack scaffolds

23.5 (1) An employer must ensure that any pumpjack scaffold system used is metal.

(2) A pumpjack scaffold must be installed and used so that all of the following conditions are met:

(a) the load on the pumpjack scaffold is less than 122 kg per square metre (25 lbs. per square foot) and no more than 2 persons are between supporting poles at a time;

(b) the height of the scaffold is no higher than 13.7 m;

(c) unless otherwise specified in the manufacturer's specifications, it has bracing every 4.6 m, starting at the base of the scaffold.

(3) A person must use pumpjack scaffolds in accordance with this Section.

Section 23.6 Bracket scaffolds

23.6 (1) An employer must ensure that a bracket scaffold meets all of the following conditions:

(a) brackets on a bracket scaffold must be spaced no more than 3 m apart;

(b) a loaded bracket scaffold must be securely attached to a structural wall that is able to withstand the force applied in accordance with the manufacturer's specifications by

(i) bolting the bracket scaffold to the wall, or

(ii) welding the bracket scaffold to steel structures attached to the wall;

(c) a bracket scaffold must be capable of supporting at least 4 times the load that is likely to be on it.

(2) A person must use bracket scaffolds in accordance with subsection (1).

Section 23.7 Roofing brackets

23.7 (1) An employer must ensure roofing brackets meet all of the following conditions:

(a) they must be securely fastened to the roof;

(b) they must have a span of no greater than 3 m;

(c) they must be capable of supporting at least 4 times the load that is likely to be on them.

(2) A person must use roof brackets in accordance with subsection (1).

Section 23.8 Safe-use practices for scaffolds

23.8 An employer must ensure compliance with the safe-use practices for scaffolds set out in the latest version of CSA standard CSA Z797 , "Code of Practice for Access Scaffold", including the falling object protection precautions if there is danger of objects falling from the scaffold and striking a person below.

Section 23.9 Inspections of scaffolds

23.9 (1) An employer must ensure that a scaffold used at a workplace is inspected daily by a competent person or engineer.

(2) The results of any inspection of a scaffold must be communicated to the users by methods described in the latest version of the CSA standard CSA Z797 , "Code of Practice for Access Scaffold".

Section 23.10 Materials to be used in scaffold work-platforms

23.10 (1) Except as otherwise provided in these regulations, an employer must ensure that materials to be used in a work-platform as part of a scaffold comply with the latest version of CSA standard CSA Z797 , "Code of Practice for Access Scaffold".

(2) If sawn lumber is used for scaffold planks, an employer must ensure that it meets 1 of the following specifications:

(a) the planks are No. 1 grade or Select Structural Spruce-Pine-Fir (S-P-F) grade and sized 51 mm thick and 254 mm wide;

(b) the planks are No. 2 grade or better and sized no smaller than 38 mm thick and 235 mm wide rough sawn lumber, and are doubled up and fastened one on top of the other.

(3) An employer must ensure that material used as scaffold planks, other than sawn lumber, complies with the latest version of CSA standard CSA Z797 , "Code of Practice for Access Scaffold".

Section 23.11 Suspended work-platforms

23.11 (1) An employer must ensure that a suspended work-platform is

(a) inspected and operated in accordance with the latest version of CSA standard CSA Z91 , "Health and Safety Code for Suspended Equipment Operations"; and

(b) designed, constructed, installed, maintained, and inspected in accordance with the latest version of CSA standard CSA Z271 , "Safety Code for Suspended Platforms".

(2) If there is danger of objects falling from the scaffold and striking a person below, an employer must ensure that falling object protection precautions are taken in accordance with the latest version of CSA standard CSA Z271 , "Safety Code of Suspended Platforms".

(3) If a suspended work-platform is out of level by greater than 10%, an employer must ensure that

(a) no work is conducted on the platform; and

(b) the platform is moved only to adjust it to level.

Section 23.13 Elevating work-platforms

23.13 (1) An employer must ensure that portable, self-propelled and self-propelled boom-supported elevating work-platforms are designed, constructed, erected, maintained, inspected, monitored and used in accordance with the latest version of the following applicable standards:

(a) CSA standard CSA B354.1 , "Portable Elevating Work Platforms";

(b) CSA standard CSA B354.2 , "Self-Propelled Elevating Work Platforms";

(c) CSA standard CSA B354.4 , "Self-Propelled, Boom-Supported Elevating Work Platforms";

(d) CSA standard CSA C225 , "Vehicle Mounted Aerial Devices".

(2) An employer must ensure that elevating work-platforms used for fire-fighting are designed, constructed, erected, maintained, inspected, monitored and used in accordance with the latest version of the following applicable standards:

(a) NFPA standard NFPA 1901, "Standard for Automotive Fire Apparatus";

(b) NFPA standard NFPA 1911, "Standard for the Inspection, Maintenance, Testing and Retirement of In Service Automotive Fire Apparatus".

(3) An employer must ensure that a record of inspections, tests, repairs, modifications and maintenance activities required by the applicable standards in subsections (1) and (2) includes the name and signature of the person or persons who performed the required activities.

(4) Whether or not guardrails are also installed, before operating the equipment in subsection (1) or (2), an employer must ensure, in accordance with Part 21: Fall Protection, that fall-arrest equipment is worn and anchored to a suitable anchorage.

OCCUPATIONAL HEALTH AND SAFETY ACT
S.N.S. 1996, c. 7

Section 17

17. (1) Every employee, while at work, shall

(a) take every reasonable precaution in the circumstances to protect the employee's own health and safety and that of other persons at or near the workplace;

(b) co-operate with the employer and with the employee's fellow employees to protect the employee's own health and safety and that of other persons at or near the workplace;

(c) take every reasonable precaution in the circumstances to ensure that protective devices, equipment or clothing required by the employer, this Act or the regulations are used or worn;

(d) consult and co-operate with the joint occupational health and safety committee, where such a committee has been established at the workplace, or the health and safety representative, where one has been selected at the workplace;

(e) co-operate with any person performing a duty or exercising a power conferred by this Act or the regulations; and

(f) comply with this Act and the regulations.

(2) Where an employee believes that any condition, device, equipment, machine, material or thing or any aspect of the workplace is or may be dangerous to the employee's health or safety or that of any other person at the workplace, the employee shall

(a) immediately report it to a supervisor;

(b) where the matter is not remedied to the employee's satisfaction, report it to the committee or the representative, if any; and

(c) where the matter is not remedied to the employee's satisfaction after the employee reports in accordance with clauses (a) and (b), report it to the Division.