Temporary Workplaces on Highways

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The Temporary Workplace Traffic Control Manual is an approved Code of Practice for construction, maintenance and utility work on or near roads in Nova Scotia.

Working on or near a highway introduces additional hazards, like working near vehicle traffic, high traffic speeds, weather conditions, and more. Employers must make sure that the workplace is safe, even if the workplace is temporary. It is important to plan for the flow of traffic to ensure the safety of employees, and to make sure the work does not endanger other road users. When employees work on or near the road, the workplace includes the area where the work is required and extends to all areas where employees use devices that guide traffic. By evaluating the hazards of the temporary workplace on or near a highway, employers can outline specific measures and controls to reduce the risks associated with the job.

The following information applies only to temporary highway workplaces.

An employer must:

  • Not conduct construction, maintenance, or utility work at a temporary highway workplace until the employer adopts one of the following as a code of practice for the work:
  • Make sure that the written safe-work procedure adopted as the code of practice for the work includes clear measures to provide an adequate level of safety for all the following:
    • the nature of the work;
    • the area covered by the temporary highway workplace;
    • how much of the area is on the highway;
    • the duration of the work;
    • the selection, use, and placement of signs and devices that will address:
      • how much traffic will be around the temporary workplace,
      • how fast the traffic moves,
      • how much advanced notice a vehicle driver will need as they approach the temporary highway workplace, and
      • how much distance a vehicle driver will need to prepare for the temporary highway workplace;
    • the number of personnel needed and their responsibilities, training, positioning, clothing, equipment, communications, and signalling;
    • the effect weather conditions may have; and
    • any other likely circumstances that could reduce the visibility of vehicle drivers approaching the temporary workplace.
  • Make sure that the written safe-work procedure adopted as the code of practice for the work includes a checklist that has enough detail to show consideration to the general principles of traffic control set out in the Temporary Workplace Traffic Control Manual.
  • Not conduct work other than construction, maintenance, or utility work at a temporary highway workplace until the employer adopts a written safe-work procedure for the type of work that identifies the measures the employer will take to provide an adequate level of safety in relation to all the elements described in the safe-work procedure requirements above.
  • Make sure that any employee who is on foot at a temporary highway workplace:
    • is wearing high-visibility safety apparel that meets the design and performance of the latest version of CSA standard CSA Z96, “High-visibility safety apparel” and is selected, used, and cared for according to CSA standard CSA Z96.1, “Guideline on selection, use and care of high-visibility safety apparel”;
    • has a flashlight with a red cone or an equivalent light when directing traffic at or near the temporary highway workplace from half hour after sunset to half hour before sunrise, and any time that visibility is limited by fog, rain, snow, or other conditions that a person is not clearly visible from 100 m away; and
    • has the flashing lights turned on for any vehicle equipped with flashing lights while working at the temporary highway workplace.

Exemptions

  • Emergency services agency personnel are exempt from following the requirements for:
    • a safe-work procedure for a temporary highway workplace; and
    • employees on foot when it is not reasonably practicable for them to do so because of the nature of their duties at any given time.

An employee, except if exempt for emergency services agencies, must:

  • Wear high-visibility safety apparel that:
    • meets the design and performance of the latest version of CSA standard CSA Z96, “High-visibility safety apparel”; and
    • is selected, used, and cared for according to CSA standard CSA Z96.1, “Guideline on selection, use and care of high-visibility safety apparel”.
  • Use a flashlight with a red cone or an equivalent light when directing traffic at or near the temporary highway workplace:
    • half hour after sunset to half hour before sunrise; and
    • any time that fog, rain, snow, or other condition reduces visibility so that a person is not clearly visible from 100 m away.
  • Turn on the flashing lights of a vehicle equipped with flashing lights while working at a temporary highway workplace.
"Temporary highway workplace" means a workplace that is
i) of a temporary nature, and
(ii) located on or near a highway, and situated and equipped so that
(A) it is a potential impediment to vehicle traffic on the highway, or
(B) an approaching driver has to reduce their speed or alter the path of travel of their vehicle.
"Code of practice" means a code of written work procedures adopted in accordance with Section 24.3 for construction, maintenance or utility work conducted at a temporary highway workplace.
"Temporary Workplace Traffic Control Manual" means the latest version of the Temporary Workplace Traffic Control Manual published by the Department of Transportation and Infrastructure Renewal.
"Safe-work procedure" means a written work procedure adopted in accordance with Section 24.4 for work conducted at a temporary highway workplace other than construction, maintenance or utility work.
"Director" means the Executive Director of Occupational Health and Safety or any person designated by the Executive Director pursuant to this Act to act on behalf of the Executive Director.
"Highway" means
(i) a public highway, street, lane, road or bridge, and
(ii) private property that is designed to be and is accessible to the general public for the operation of a vehicle.
"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting a motorized wheelchair and devices moved by human power or used exclusively upon stationary rails or tracks.
"High-visibility safety apparel" means brightly coloured and retroreflective apparel worn to enhance conspicuousness.
Viewing CSA Standards as Referenced in NS Legislation
Certain CSA standards are available for online viewing or purchase from the CSA Group. To access these, you must first create an account with "CSA Communities". Go to: https://community.csagroup.org/
Once you are logged in, click on the "OHS Standards / View Access" option. Click on Nova Scotia to see the CSA Standards as referenced in N.S. legislation.
"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.
Reasonably practicable” means practicable unless the person on whom a duty is placed can show that there is a gross disproportion between the benefit of the duty and the cost, in time, trouble and money, of the measures to secure the duty.

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 1.17 Emergency services agencies exemptions for temporary highway workplaces

1.17 Emergency services agency personnel are exempt from complying with a safe-work procedure for a temporary highway workplace required by Section 24.2 and the requirements for employees on foot in Section 24.5 when it is not reasonably practicable for them to do so because of the nature of their particular duties at any given time.

Part 24 TEMPORARY WORKPLACES ON HIGHWAYS

Section 24.2 Application of Part 24

24.2 This Part applies only to temporary highway workplaces.

Section 24.3 Code of practice required for construction, maintenance or utility work

24.3 (1) An employer must ensure that construction, maintenance or utility work is not conducted at a temporary highway workplace until the employer adopts 1 of the following as a code of practice for the work:

(a) the Temporary Workplace Traffic Control Manual;

(b) a written safe-work procedure, approved in writing by the Director, that provides for an adequate level of safety in relation to the general considerations for traffic control set out in the Temporary Workplace Traffic Control Manual, including all of the considerations set out in subsection (2).

(2) A written safe-work procedure adopted for the purposes of clause (1)(b) must clearly identify the measures to be taken to provide an adequate level of safety in relation to all of the following:

(a) the nature of the work to be performed at the temporary highway workplace;

(b) the physical area covered by the temporary highway workplace;

(b)* the duration of the work;

[*Clause lettering as in original.]

(d) how much the work area encroaches on the highway;

(e) the selection, use and placement of signs and devices to address

(i) how much traffic will be around the temporary highway workplace and how fast the traffic moves,

(ii) how much advance notice a vehicle driver requires when approaching a temporary highway workplace, and

(iii) how much distance a vehicle driver requires to adequately prepare for the temporary highway workplace;

(f) the number of temporary workplace personnel required and their responsibilities, positioning, training, clothing, equipment, communication and signalling;

(g) the effect that weather conditions could have on the temporary highway workplace;

(h) any reasonably foreseeable circumstances that could adversely affect the ability of approaching vehicle drivers to see a person at the temporary workplace.

(3) A code of practice approved under clause (1)(b) must include a completed workplace checklist that has enough detail to demonstrate that consideration has been given to the general principles of traffic control set out in the Temporary Workplace Traffic Control Manual.

Section 24.4 Safe-work procedure required for other work

24.4 Except as provided in Section 1.17 for emergency services agencies, an employer must ensure that any work other than construction, maintenance or utility work is not conducted at a temporary highway workplace until the employer adopts a written safe-work procedure for the type of work to be conducted that identifies the measures to be taken to provide an adequate level of safety in relation to all of the factors set out in subsection 24.3(2).

Section 24.5 Requirements for employees on foot

24.5 Except as provided in Section 1.17 for emergency services agencies, an employer who conducts work at a temporary highway workplace must ensure that all of the following requirements are met for an employee who is on foot at the temporary highway workplace:

(a) the employee must wear high-visibility safety apparel that is in accordance with all of the following:

(i) for the selection, use and care of the apparel, the latest version of CSA standard CSA Z96.1 , "Guideline on selection, use and care of high-visibility safety apparel",

(ii) for the design and performance of the apparel, the latest version of CSA standard CSA Z96 , "High-visibility safety apparel";

(b) when directing traffic at or near the temporary highway workplace, the employee must use a flashlight with a red cone or an equivalent light for use at all of the following times:

(i) from a half hour after sunset to a half hour before sunrise,

(ii) any time when visibility is so limited, by fog, rain, snow or other atmospheric conditions or by poor lighting, that a person is not clearly visible at a distance of 100 m;

(c) if the employee has a vehicle equipped with flashing lights, the employee must have the flashing lights turned on while working at the temporary highway workplace.

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

Section 3

3. In this Act,

(a) "aggrieved person" means an employer, constructor, contractor, employee, self-employed person, owner, supplier, provider of an occupational health or safety service, architect, engineer or union at a workplace who is directly affected by an order or decision;

(b) "analyst" means a person appointed as an analyst by the Minister pursuant to this Act;

(c) "Board" means the Labour Board established under the Labour Board Act;

(d) "committee" means a joint occupational health and safety committee established pursuant to this Act;

(e) "compliance notice" means a response, in writing, to an order of an officer, describing the extent to which the person against whom the order was made has complied with each item identified in the order;

(f) "constructor" means a person who contracts for work on a project or who undertakes work on a project himself or herself;

(g) "contractor" means a person who contracts for work to be performed at the premises of the person contracting to have the work performed, but does not include a dependent contractor or a constructor;

(h) "contracts for work" includes contracting to perform work and contracting to have work performed;

(i) "Council" means the Occupational Health and Safety Advisory Council established pursuant to this Act;

(j) "dependent contractor" means a person, whether or not employed under a contract of employment and whether or not furnishing the person's own tools, vehicles, equipment, machinery, material or any other thing, who performs work or services for another on such terms and conditions that the person is

(i) in a position of economic dependence upon the other,

(ii) under an obligation to perform duties mainly for the other, and

(iii) in a relationship with the other more closely resembling that of an employee than an independent contractor;

(k) "Deputy Minister of Labour and Advanced Education" includes a person designated by the Deputy Minister of Labour and Advanced Education to act in the stead of the Deputy Minister;

(l) "Director" means the Executive Director of Occupational Health and Safety or any person designated by the Executive Director pursuant to this Act to act on behalf of the Executive Director;

(m) "Director of Labour Standards" means the Director of Labour Standards under the Labour Standards Code;

(n) "Division" means the Occupational Health and Safety Division of the Department of Labour and Advanced Education;

(o) "employee" means a person who is employed to do work and includes a dependent contractor;

(p) "employer" means a person who employs one or more employees or contracts for the services of one or more employees, and includes a constructor, contractor or subcontractor;

(q) "former Act" means Chapter 320 of the Revised Statutes, 1989, the Occupational Health and Safety Act;

(r) Repealed. [S.N.S. 2010, c. 37, s. 117]

(s) "Minister" means the Minister of Labour and Advanced Education;

(t) "occupation" means any employment, business, calling or pursuit;

(u) "officer" means an occupational health and safety officer appointed pursuant to this Act and includes the Director;

(v) "owner" includes a trustee, receiver, mortgagee in possession, tenant, lessee or occupier of lands or premises used as a workplace and a person who acts for, or on behalf of, an owner as an agent or delegate;

(w) "police officer" means

(i) a member of the Royal Canadian Mounted Police, or

(ii) a member or chief officer of a police force appointed pursuant to the Police Act;

(x) "policy" means an occupational health and safety policy made pursuant to this Act;

(y) "practicable" means possible, given current knowledge, technology and invention;

(z) "program" means an occupational health and safety program required pursuant to this Act, unless the context otherwise requires;

(aa) "project" means a construction project, and includes

(i) the construction, erection, excavation, renovation, repair, alteration or demolition of any structure, building, tunnel or work and the preparatory work of land clearing or earth moving, and

(ii) work of any nature or kind designated by the Director as a project;

(ab) "reasonably practicable" means practicable unless the person on whom a duty is placed can show that there is a gross disproportion between the benefit of the duty and the cost, in time, trouble and money, of the measures to secure the duty;

(ac) "regularly employed" includes seasonal employment with a predictably recurring period of employment that exceeds four weeks, unless otherwise established by regulation or ordered by an officer;

(aca) "repeatedly" means occurring more than once within the preceding three year period;

(ad) "representative" means a health and safety representative selected pursuant to this Act;

(ae) "self-employed person" means a person who is engaged in an occupation on that person's own behalf and includes a person or persons operating a sole proprietorship but does not include a dependent contractor;

(aea) "serious injury" means an injury that endangers life or causes permanent injury;

(af) "supplier" means a person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine or device or any biological, chemical or physical agent to be used at or near a workplace;

(ag) "union" includes a trade union as defined in the Trade Union Act that has the status of bargaining agent under that Act in respect of any bargaining unit at a workplace, and includes an organization representing employees where the organization has exclusive bargaining rights under any other Act in respect of the employees;

(ah) "workplace" means any place where an employee or a self-employed person is or is likely to be engaged in any occupation and includes any vehicle or mobile equipment used or likely to be used by an employee or a self-employed person in an occupation.

[S.N.S. 2000, c. 28, s. 86; 2010, c. 66, s. 2; 2010, c. 37, s. 117; 2011, c. 24, s. 2; 2016, c. 14, s. 1]