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or other publication, the latest edition of the standard or publication as supplemented, amended, added to, replaced or superseded;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.

Part 2 OCCUPATIONAL HEALTH

Section 2.1 Definitions for Part 2

2.1 In this Part,

"physical agent", in relation to threshold limit values for occupational exposure, means an agent of acoustic, electromagnetic, ergonomic, mechanical or thermal nature;

"threshold limit values" means the threshold limit values established by the TLVs and BEIs that represent

(i) for chemical substances, the airborne concentrations of chemical substances and conditions under which it is believed that nearly all healthy workers may be repeatedly exposed, day after day, over a working lifetime, without adverse health effects,

(ii) for physical agents, the levels of exposure and conditions under which it is believed that nearly all healthy workers may be repeatedly exposed, day after day, without adverse health effects,

"TLVs and BEIs" means the latest version of the publication of the American Conference of Governmental Industrial Hygienists of threshold limit values and biological exposure indices.

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 23.12 Lift truck work-platform

23.12 (1) An employer must ensure that a lift truck work-platform is designed, maintained, inspected and operated in accordance with the latest version of ANSI standard ANSI/ITSDF B56.1, "Safety Standard for Low Lift and High Lift Trucks".

(2) While a person is on a lift truck work-platform, the lift truck used to lift a person must be operated only under the following conditions:

(a) it must be operated by a competent person who must be continuously at the controls;

(b) it must not be moved laterally over large distances;

(c) it or the platform may be moved slowly to make minor adjustments only.

Section 23.14 Crane-supported work-platforms

23.14 (1) An employer must ensure that a crane-supported work-platform is designed, maintained, inspected and used in accordance with the latest version of CSA standard CSA Z150 , "Safety Code on Mobile Cranes".

(2) An operator of a crane or hoist used to suspend a work-platform must have an effective means of constant communication with a person on the platform.

Occupational Safety General Regulations
N.S. Reg. 44/99

Part 1 Title and Definitions

Section 2 Definitions

2. In these regulations,

(a) "Act" means the Occupational Health and Safety Act ;

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

(b) "ALI" means the Automotive Lift Institute;

(ba) "angle of repose" means the angle with the horizontal at which material will no longer flow freely;

(c) "ANSI" means the American National Standards Institute;

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

(d) "ASME" means the American Society of Mechanical Engineers;

(e) "ASTM" means the American Society for Testing and Materials;

(ea) "CGA" means the Compressed Gas Association;

(f) "CGSB" means the Canadian General Standards Board;

(g) "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;

(ga) "compressed air" means air mechanically raised to a pressure higher than atmospheric pressure;

(h) "CSA" means the Canadian Standards Association;

(i) "demolition" means the destruction or removal of all, or part, of an existing building or structure;

(ia) "Department" means the Department of Labour and Advanced Education;

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

(k) "electrical installation" means the wires, machinery, apparatus, appliances, devices, material and equipment used or intended for use for the generation, transmission, distribution, supply and use of electrical power or energy, and includes a power line and power line equipment;

(l) "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;

(m) "firefighter" means

(i) an employee who provides fire suppression services to the public from a fire department within a municipality or local service district, or

(ii) an industrial firefighter;

(n) "guardrail" means a fall protection system consisting of vertical and horizontal members that

(i) are capable of withstanding concentrated forces, as prescribed in these regulations or an applicable standard,

(ii) warn of a fall hazard, and

(iii) reduce the risk of a fall;

(o) "hazardous substance" means chemical or biological material, dangerous goods within the meaning of the Dangerous Goods Transportation Act or a controlled product within the meaning of the Hazardous Products Act (Canada) that is likely to, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;

(p) "hoist" means a device or equipment and its structure used for lifting or lowering material, including cranes, an automotive lift, a winch, a chain fall or other similar device, but does not include a lift truck, a power operated elevating work platform, a device to which the Elevators and Lifts Act applies or a hoist that operates in a shaft in the underground at a mine;

(pa) "ITSDF" means the Industrial Truck Standards Development Foundation;

(q) "industrial firefighter" means an employee who

(i) is designated to fight fires at the employee's place of employment, and

(ii) is employed by an employer who does not, in the normal course of its business, provide fire suppression services to the public;

(qa) "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;

(r) "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";

(s) "locked out" means to have

(i) isolated the energy source or sources from a machine, equipment, tool or electrical installation,

(ii) dissipated any residual energy in a system, and

(iii) secured the isolation of the energy source or sources by an inhibiting device that is operated by a key or other process,

and to have performed a "lock-out" has a similar meaning;

(t) "machine" Repealed. [N.S. Reg. 52/2000, s. 1]

(u) "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;

(ua) "mobile crane" means a mobile crane to which the latest version of CSA standard CSA Z150 , "Safety Code on Mobile Cranes" applies;

(v) "NFPA" means the National Fire Protection Association;

(va) "overhead crane" means any mechanical device or structure that is used to raise, lower and move material that travels overhead and that incorporates a

(i) power driven drum, bridge and cable or rope,

(ii) single or multiple girder, and

(iii) moveable bridge carrying a moveable or fixed hoisting mechanism,

but does not include wall cranes, cantilever gantry cranes and semi-gantry cranes;

(vb) "personal flotation device" means personal protective equipment that is capable of supporting a person with their head above water without the direct effort of the person wearing the equipment;

(w) "power line" means the above-ground or underground wiring that is used to distribute electricity;

(x) "power line equipment" means the components that are required to distribute electricity by means of a power line;

(y) "power operated elevating work platform" means a mobile horizontal working surface that provides access and support to a person at a workplace, and that is elevated and lowered by means of a mechanism and [that complies with] Part 23: Scaffolds and Other Elevated Work Platforms, of the Workplace Health and Safety Regulations made under the Act, including a standard listed in subsection (4) thereof;

(z) "powered mobile equipment" means self-propelled equipment that is designed to operate on land in conditions other than a public highway, but does not include equipment primarily designed to transport persons, a lift truck or a power operated elevating work platform;

(aa) "SAE" means the Society of Automotive Engineers;

(ab) "structural fire-fighting" means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects constructed by human effort;

(ac) "surface mine" means a work or undertaking, other than a trench, for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel by means of an open excavation, and includes a pit or quarry;

(ad) "tower crane" means any mechanical device or structure that

(i) incorporates a power-driven drum and cable or rope and a vertical mast or tower and a jib,

(ii) is of the traveling, fixed or climbing type, and

(iii) is used exclusively for raising, lowering and moving material;

(ae)"trench" means an excavation in which the excavation depth exceeds the excavation width;

(af) "work area" means a location at the workplace at which an employee or self-employed person is or is likely to be working;

(ag) "worked" means drilled, blasted, extracted, excavated, loaded or subjected to other similar work.

[N.S. Reg. 52/2000, s. 1; 151/2003; 53/2013, ss. 1, 93]

Part 5 Handling and Storage of Material

Section 34

34. (1) Where unconsolidated bulk material is stockpiled, an employer must

(a) ensure that it is inspected by a competent person to determine if it is in a safe condition before a person is permitted to work close to or on the pile; and

(b) comply with the requirements of Sections 185 to 189 of these regulations.

(2) Where unconsolidated bulk material is stockpiled and removed by means of powered mobile equipment, an employer shall ensure that

(a) the working face of the unconsolidated bulk material is sloped at the angle of repose;

(b) the vertical height of the working face of the unconsolidated bulk material is not more than 1.5 m above the maximum reach of the equipment; or

(c) the work is performed in accordance with written specifications and a written safe work procedure certified by an engineer, following consultation with the committee or representative, if any.

(3) Where the face of unconsolidated bulk material is undermined or undercut by means of powered mobile equipment, an employer shall ensure that the undermining or undercutting is

(a) restricted to the depth of the bucket of the powered mobile equipment;

(b) permitted only when the approach of the powered mobile equipment is at a 90° angle plus or minus 5° to the face of the material; and

(c) performed in accordance with written specifications and a written safe work procedure certified by an engineer, following consultation with the committee or representative, if any.

(4) Where unconsolidated material is loaded or unloaded from a vehicle or equipment, an employer shall ensure that adequate precautions are taken to ensure that the vehicle or equipment does not overturn.

[N.S. Reg. 52/2000, s. 17; 53/2013, s. 19]

35. Repealed. [N.S. Reg. 53/2013, s. 20]

[N.S. Reg. 52/2000, s. 18; 53/2013, s. 20]

Part 7 Hoists and Mobile Equipment

Section 55 General provisions

55. An employer shall ensure that a hoist, lift truck or powered mobile equipment is erected, installed, assembled, started, operated, used, handled, stored, stopped, inspected, serviced, tested, cleaned, adjusted, maintained, repaired, modified and dismantled in accordance with the manufacturer's specifications, or the specifications certified by an engineer.

[N.S. Reg. 52/2000, s. 26; 53/2013, s. 93]

Section 56

56. An employer shall ensure that a hoist, lift truck or powered mobile equipment

(a) is operated by a competent person;

(b) has gears and moving parts securely guarded by adequate means where necessary to prevent a hazard to a person in the workplace;

(c) has any load on it adequately secured where necessary to prevent a hazard to a person in the workplace; and

(d) is provided with safe means of access and exit from the operator's position and any passenger's position.

[N.S. Reg. 52/2000, s. 27; 53/2013, s. 93]

Section 57 Signaller

57. (1) An employer shall designate one or more competent persons as a signaller to direct the safe movement of a load, hoist, lift truck or powered mobile equipment where the operator of that hoist, lift truck or powered mobile equipment

(a) does not have an adequate view of the load;

(b) does not have a clear view of the route the load is to take;

(c) is not able to see clearly around the equipment when moving and has not taken measures sufficient to ensure that no person is exposed to a hazard as a result of the movement of equipment;

(d) is not able to see clearly where the hoist or its load may encroach the minimum distance specified in Section 126 or a hoist is positioned closer than the length of its boom to an overhead energized power line or power line equipment; or

(e) is causing the equipment to move under its own power from one location to another and the situation creates a hazard in the workplace.

(2) A signaller shall

(a) be readily identifiable to the operator;

(b) direct the movement of a load or equipment by a well understood distinctive code of hand signals or another effective communication system;

(c) warn the operator each time

(i) any part of the hoist or its load may encroach on the minimum distance specified in Section 126, or

(ii) the hoist is positioned closer than the length of its boom

from an overhead energized power line or power line equipment; and

(d) obtain the assistance of another signaller if all or part of the view of the load or route is obstructed from both the signaller and the operator.

(3) An operator of a hoist, lift truck or powered mobile equipment in a situation referred to in subsection (1) shall move a load only on a signal from a signaller.

[N.S. Reg. 52/2000, s. 28; 53/2013, s. 93]

Section 58 Safety equipment and precautions

58. An employer shall ensure that a mobile crane, lift truck or powered mobile equipment is equipped with

(a) an audible back-up alarm that

(i) operates automatically when the vehicle is in reverse gear, and

(ii) is clearly audible above the background noise at the workplace,

or that another means of protection or warning that provides an equivalent level of safety is used;

(b) a manually operated horn, unless such a horn was not installed at the time of manufacture;

(c) adequate front and rear lights when the equipment is used after dark or in dimly lit areas;

(d) an adequate braking system; and

(e) a screen, shield, grill, deflector, guard or other adequate protection for the operator, where the operator may be exposed to the hazard of flying or intruding objects.

[N.S. Reg. 52/2000, s. 29; 53/2013, s. 93]

Section 59

59. An employer shall ensure that a hoist or powered mobile equipment that is equipped with outriggers or stabilizers is operated with the outriggers or stabilizers engaged, unless the manufacturer's specifications permit otherwise.

[N.S. Reg. 52/2000, s. 30]

Section 60

60. An employer shall ensure that a hoist, lift truck or powered mobile equipment is not altered in such a way as to render ineffective a safety device or control, except where the change has been certified in writing by the manufacturer or an engineer to afford protection equal to or greater than the protection afforded by the original safety device or control.

[N.S. Reg. 52/2000, s. 31; 53/2013, s. 93]

Section 61

61. An employer shall take adequate precautions to ensure that a hoist, lift truck or powered mobile equipment does not tip or roll over.

[N.S. Reg. 53/2013, s. 93]

Section 62 Overhead protection

62. (1) Where an employee who is an operator of powered mobile equipment is exposed to a hazard from falling objects, an employer shall ensure that the powered mobile equipment is equipped with a protective structure adequate for the conditions in which the equipment is being used and that meets the requirements of the latest version of the applicable standard listed below or that is certified by an engineer or the manufacturer to provide equivalent or better protection:

(a) SAE standard SAE J167, "Overhead Protection for Agricultural Tractors - Test Procedures and Performance Requirements";

(b) International Organization for Standardization (ISO) 3449, "Earth-moving machinery -- Falling-object protective structures -- Laboratory tests and performance requirements";

(c) SAE standard SAE J397, "Deflection Limiting Volume - Protective Structures Laboratory Evaluation";

(d) SAE standard SAE J1042, "Operator Protection for General-Purpose Industrial Machines"; or

(e) SAE standard SAE J1084, "Operator Protective Structure Performance Criteria for Certain Forestry Equipment".

(f) Repealed. [N.S. Reg. 52/2000, s. 32]

(2) An employer shall ensure that modifications, alterations or repairs made to a falling objects protective structure that affect the structural integrity of the structure meet the requirements of this Section and that the designing agency, the installing agency or an engineer certifies that modifications, alterations or repairs meet the requirements of this Section.

(3) An employer shall ensure that welding on a falling objects protective structure that affects the structural integrity of the structure is performed by a competent person.

[N.S. Reg. 52/2000, s. 32; 53/2013, ss. 28, 93]

Section 63 Rollover protection

63. (1) An employer shall ensure that, where reasonably practicable, powered mobile equipment and lift trucks manufactured on or after January 1, 1974, are equipped with rollover protective structures that meet the minimum safety requirements of the latest versions of the following standards:

(a) CSA standard B352.0 , "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial and Mining Machines - Part 1: General Requirements", or is certified by an engineer or the manufacturer to provide equivalent or better protection;

(b) where applicable, CSA standard B352.1 , "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines - Part 2: Testing Requirements for ROPS on Agricultural Tractors", or is certified by an engineer or the manufacturer to provide equivalent or better protection; and

(c) where applicable, CSA standard B352.2 , "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines - Part 3: Testing Requirements for ROPS on Construction, Earthmoving, Forestry, Industrial, and Mining Machines", or is certified by an engineer or the manufacturer to provide equivalent or better protection.

(2) Where reasonably practicable, an employer shall ensure that powered mobile equipment or lift trucks manufactured before January 1, 1974 are equipped with rollover protective structures that meet the requirements of subsection (1) or

(a) a rollover protective structure and supporting attachments are designed, fabricated and installed in such a manner to support not less than twice the weight of the equipment, based on the ultimate strength of the material and integrated loading of the supporting members with the resultant load applied at the point of impact;

(b) there is a vertical clearance of 1320 mm between the deck and the rollover protective structure at the access openings; and

(c) the rollover protective structure and supporting attachments referred to in clause (a) are certified as meeting the requirements of clause (a) by the manufacturer of the rollover protective structure, the installing agency or an engineer.

(3) An employer shall ensure that modifications, alterations or repairs made to a rollover protective structure that affect the structural integrity of the structure meet the requirements of this Section and that the designing agency, the installing agency or an engineer certifies that modifications, alterations or repairs meet the requirements of this Section.

[N.S. Reg. 52/2000, ss. 33, 34; 53/2013, ss. 29, 93]

Section 64

64. An employer shall ensure that welding on a rollover protective structure that affects the structural integrity of the structure is performed by a competent person.

[N.S. Reg. 53/2013, s. 93]

Section 65

65. (1) An employer shall ensure that powered mobile equipment and lift trucks that have been fitted with rollover protective structures have

(a) seat belts for the operator and passengers that comply with or exceed the latest version of the applicable SAE standard listed below:

(i) SAE J386, "Operator Restraint System for Off-Road Work Machines",

(ii) SAE J800, "Motor Vehicle Seat Belt Assembly Installation"; or

(b) where the wearing of seat belts is not reasonably practicable, restraining devices such as shoulder belts, bars, gates, screens or other similar devices designed to prevent the operator and passengers from being thrown outside the rollover protective structure.

(2) An operator of and passengers on powered mobile equipment or a lift truck shall use the seat belts or restraining devices referred to in subsection (1) while the equipment is in motion.

[N.S. Reg. 52/2000, s. 35; 53/2013, ss. 30, 93]

Section 66 Glass

66. An employer shall ensure that glazing or rigid plastic materials used as part of an enclosure for a cab, canopy or rollover protective structure on a hoist, lift truck or powered mobile equipment is adequate in the circumstances where it is used, and is immediately replaced if it presents a hazard, including permanent interference with visibility.

[N.S. Reg. 53/2013, s. 93]

Section 67 Precautionary arrangements

67. (1) Unless otherwise authorized by an enactment, no person shall operate a lift truck or powered mobile equipment with passengers on the truck or equipment, unless the manufacturer's specifications for the truck or equipment state that the truck or equipment is designed to accommodate them safely.

(2) An employer shall ensure that powered mobile equipment and lift trucks that have an internal combustion engine are provided with fire protection equipment adequate for the hazards of the equipment or vehicles.

(3) An employer shall

(a) ensure that mirrors or other devices are installed and maintained at blind intersections where there may be a danger of a collision between a lift truck or powered mobile equipment and another object or a person; or

(b) establish a written procedure that provides an equivalent level of safety.

[N.S. Reg. 52/2000, ss. 36, 37; 53/2013, ss. 31, 93]

Section 68 Visibility

68. Where work with a hoist, lift truck or powered mobile equipment is carried out in an area where dust may create a hazard to a person in the workplace because of poor visibility, an employer shall take steps to reduce the amount of dust in the air so as to protect a person from the risk of injury.

[N.S. Reg. 53/2013, s. 93

Section 69 Operating precautions

69. An operator of a mobile crane, where applicable, a lift truck or powered mobile equipment shall

(a) not set equipment in motion until all air and hydraulic pressures are fully built up at specified operating pressures;

(b) when leaving the equipment unattended

(i) park it on level ground, if reasonably practicable,

(ii) set the parking brake,

(iii) lower the blades, bucket or other attachment or safely block the attachment,

(iv) where applicable, disengage the master clutch, and

(v) shut off the engine or take other precautions to ensure the equipment is not inadvertently set in motion;

(c) not carry containers of gasoline, diesel oil or other flammable substances, classified as Class B substances under the Hazardous Products Act (Canada), in the part of the equipment where a person rides; and

(d) ensure that there are no loose articles that may present a hazard in the part of the equipment where a person rides.

[N.S. Reg. 52/2000, s. 38; 53/2013, s. 93]

Section 70

70. (1) An employer shall ensure that a hoist, lift truck or powered mobile equipment that has wire ropes, drums and sheaves is inspected

(a) visually on a daily basis by the operator of the equipment; and

(b) visually and manually by a competent person on a weekly basis.

(2) An employer shall ensure that, where a person works under a hoist, lift truck, or powered mobile equipment that is raised from the ground, the equipment is provided with blocking or other adequate means of support in case the means of lifting the equipment fails.

[N.S. Reg. 53/2013, s. 93]

Section 71

71. Where repair or maintenance work is carried out at the point of articulation on an articulated truck, front end loader or other articulated equipment, an employer shall ensure that lock bars or an equivalent measure is used to prevent movement of either end of the truck, loader or equipment.

Section 72 Hoists

72. (1) Subject to subsection (2), an employer shall ensure that a hoist is designed, installed, erected, examined, inspected, tested, operated and maintained by a competent person, in accordance with the latest version of the applicable CSA or ANSI standard listed below:

(a) CSA standard B167 , "Safety Standard for Maintenance and Inspection of Overhead Cranes, Gantry Cranes, Monorails, Hoists, and Trolleys";

(b) CSA standard C22.2 No. 33 , "Construction and Test of Electric Cranes and Hoists";

(c) CSA standard Z150 , "Safety Code for Mobile Cranes";

(d) CSA Standard Z248 , "Code for Tower Cranes";

(e) ANSI standard ANSI/ALI ALCTV, "Automotive Lifts - Safety Requirements for Construction, Testing and Validation";

(f) ANSI standard ANSI/ALI ALOIM, "American National Standard for Automotive Lifts - Safety Requirements for Operation, Inspection and Maintenance".

(2) Despite subsection (1), a "crane inspector" described in the standard referred to in clause (1)(a) shall not require 10 000 hours of experience.

[N.S. Reg. 52/2000, s. 39; 53/2013, s. 32]

Section 73

73. (1) In this Section and Section 74, "rated load" means the maximum load that a hoist is designed to lift or the revised maximum load that a hoist can lift in accordance with subsection (9) or (10).

(2) Subject to subsections (3), (9) and (10), an employer shall obtain a statement of the rated load of a hoist from the manufacturer of the hoist.

(3) Where the statement referred to in subsection (2) cannot be obtained, an employer shall obtain a statement of the rated load of the hoist from an engineer.

(4) In addition to any inspection under Section 72, an employer shall ensure that

(a) a competent person inspects a hoist at least once a year;

(b) where the hoist is a mobile or overhead crane with a capacity of greater than 5 t, a certificate from an engineer is obtained on an annual basis with respect to the mobile or overhead crane; or

(c) where the hoist is a tower crane, a certificate from an engineer is obtained with respect to the tower crane

(i) prior to the tower crane being put into service and each time it is erected, and

(ii) once during each year of operation.

(5) An inspection or a certification required under subsection (4) shall confirm that a hoist has a rated load identified and that no component will fail within its rated load.

(6) The competent person inspecting a hoist under clause (4)(a) and an engineer certifying a mobile or overhead crane under clause (4)(b) or a tower crane under clause (4)(c) shall perform the appropriate tests to ensure that the hoist is capable of lifting its rated load, including, where appropriate, a running test, load test, deflection test and brake test.

(7) An employer shall post a legible statement of the rated load referred to in subsection (2) or (3) on a hoist so that the operator of the hoist is able to see it when operating the hoist.

(8) The employer shall ensure that an operator of a hoist has sufficient information to determine the load that the hoist is capable of hoisting safely under any operating condition.

(9) Where part of a hoist is modified, extended, altered or repaired so as to potentially affect the rated load of the hoist, an employer shall obtain a revised statement of the rated load of the hoist from the manufacturer, if the manufacturer performed the work, otherwise from an engineer, and post it on the hoist in the manner described in subsection (7).

(10) Where an employer believes that a reduction in the rated load is warranted or has been informed by the manufacturer of the hoist or an engineer that a reduction in the rated load is warranted, the employer shall

(a) obtain a revised statement of the rated load of the hoist from the manufacturer or an engineer;

(b) reduce the rated load of the hoist to a revised level certified as adequate by the manufacturer or an engineer; and

(c) remove the statement of rated load from the hoist and post the revised statement of rated load on the hoist in the manner described in subsection (7).

(11) Where the employer has obtained a revised statement of the rated load of a hoist pursuant to subsections (9) or (10), the employer shall provide sufficient information to the operator of the hoist to enable the operator to determine the load that the hoist is capable of hoisting safely under any operating condition.

[N.S. Reg. 52/2000, ss. 40, 41]

Section 74

74. (1) Subject to subsection (2), the operator of a hoist shall not subject the hoist to a load in excess of its rated load.

(2) At the time that tests are performed for purposes of an inspection or certification, the person inspecting the hoist may cause the hoist to be subject to a load in excess of its rated load, but not in excess of the safety factor identified by

(a) the applicable standard in Section 72 or the manufacturer's specifications; or

(b) where there is no standard or manufacturer's specifications, the specifications certified by an engineer.

[N.S. Reg. 52/2000, s. 41]

Section 75

75. (1) In addition to any inspections referred to in Sections 72 or 73, an employer shall ensure that a competent person visually inspects a hoist, including any safety devices, for defects that may affect the structural integrity of the hoist

(a) before it is put into service initially or after 1 month or more of disuse;

(b) once during every month of operation; and

(c) after any incident or repair, including contact with an energized utility line or equipment that may have damaged some part of the hoist or endangered any person.

(2) Where an inspection identifies a defect in a hoist that affects the safe operation of the hoist, an employer shall remove the hoist from service and repair it before it is put back into service.

(3) An employer shall maintain a record of

(a) each inspection of a hoist required under Sections 72 and 73, and subsection (1); and

(b) each repair potentially affecting the structural integrity of a component of a hoist that supports a load, including the date, time, nature and results of the inspection or repair and the name of the person who performed the inspection or repair to a hoist.

(4) Where limit switches and safety devices are installed on a hoist by the manufacturer, an employer shall ensure that these switches and devices are maintained in adequate condition.

[N.S. Reg. 52/2000, s. 42]

Section 76

76. An operator of a hoist shall

(a) visually inspect the hoist on a daily basis before use to verify that it is in adequate working order;

(b) not carry a load over any person, except where

(i) it is not reasonably practicable to divert the traffic route of persons or use another lifting route, and

(ii) the employer has established a written work procedure to provide adequate warning or information about the hazard to persons at or near the work place;

(c) not leave a suspended load unattended; and

(d) where an uncontrolled swing or uncontrolled rotation of a load may endanger the health or safety of a person, ensure that a guide rope or other adequate means is used to stabilize the load.

[N.S. Reg. 53/2013, ss. 33, 93]

Section 77 Mobile cranes

77. An employer shall ensure that a mobile crane has

(a) installed and maintained in an adequate condition a device that warns the mobile crane operator when continued movement may cause the load attached to a mobile crane to strike the upper sheaves of the mobile crane; and

(b) if equipped with a boom that is not articulating, a boom angle indicator.

[N.S. Reg. 52/2000, s. 43]

Section 78

78. An employer shall ensure that barriers or equivalent means are used to prevent a person from entering within the swing radius of the body of the mobile crane where a mobile crane is being operated in an area where the clearance between any obstruction and the swing radius of the body of the mobile crane creates a hazard.

Section 79

79. While a mobile crane is moving from one location to another under its own power, no operator shall permit the boom to swing in an uncontrolled manner.

Section 80 Rigging hardware

80. (1) In this Section, "rigging hardware" means a chain, cable, webbing, bucket, grapple, hook, ring, sling or other device used to attach a load to a hoist.

(2) Every inspection required to be performed under this Section shall be performed by a competent person.

(3) Subject to subsection (4), an employer shall ensure that rigging hardware is constructed, installed, operated, inspected and maintained in accordance with the latest version of the applicable ASME standard listed below:

(a) ASME B30.9, "Slings";

(b) ASME B30.10, "Hooks"; or

(c) ASME B30.20, "Below-the-Hook Lifting Devices".

(4) Where none of the standards referred to in subsection (3) apply, an employer shall ensure that the rigging hardware complies with an adequate design certified by an engineer.

(5) Where rigging hardware is commercially manufactured, in addition to the requirements of subsection (3) or (4), an employer shall ensure that rigging hardware is constructed, installed, operated, inspected and maintained in accordance with the manufacturer's specifications.

(6) In addition to any inspection required under subsection (5), an employer shall ensure that a person inspects the rigging hardware before each use to ensure that no defect exists that may affect its structural integrity.

(7) In addition to the requirements of subsections (5) and (6), an employer shall ensure that a person inspects the rigging hardware

(a) before it is put into initial service or after one month or more of disuse; and

(b) once during every year that it is in operation.

(8) Where the competent person conducting an inspection referred to in subsections (3), (5), (6) or (7) identifies a defect that may affect the structural integrity of the rigging hardware, an employer shall ensure that the rigging hardware is removed from service until such time as it is repaired.

(9) An employer shall maintain a record of

(a) the inspections referred to in subsections (3), (5) and (7); and

(b) any repairs to rigging hardware.

(10) The record referred to in subsection (9) shall include the date, time, nature and results of the inspection or repair and the name of the person who performed the inspection or repair.

(11) An employer shall identify the safe lifting capacity of rigging hardware on the device in a permanent and clearly legible manner.

(12) An employer shall ensure that a person using rigging hardware receives adequate training and other information sufficient to ensure that they are knowledgeable about the capacity of the rigging hardware.

(13) An employer shall designate a competent person to use rigging hardware.

(14) Before a load is raised by a hoist, an employer shall ensure that a competent person ensures that the load is secured to the hoist in an adequate manner by means of appropriate rigging hardware.

[N.S. Reg. 52/2000, s. 44; 4/2004, s. 1; 53/2013, s. 34]

Section 81

81. (1) An employer must ensure that a lift truck is designed, constructed, maintained, inspected, and operated in accordance with the latest version of the applicable standard listed below:

(a) CSA standard CSA B335 , "Safety standards for lift trucks";

(b) ANSI standard ANSI/ITSDF B56.1, "Safety Standard for Low Lift and High Lift Trucks";

(c) ANSI standard ANSI/ITSDF B56.6, "Safety Standard for Rough Terrain Forklift Trucks".

(2) An employer must ensure that every supervisor and operator of a lift truck has been provided with the necessary information, instruction, training, supervision, facilities, and equipment required for the safe operation of the equipment in accordance with the standards in subsection (1), as applicable.

[N.S. Reg. 53/2013, s. 35]

Section 82

82. (1) An employer must ensure that a lift truck is operated in a manner that will not endanger a person.

(1A) Where a lift truck is propelled by an internal combustion engine in a building or other enclosed structure, the employer must ensure adequate ventilation, monitoring and record keeping practices are carried out to ensure exposure from exhaust gases does not exceed the occupational exposure limit for the gas under Part 2: Occupational Health, of the Workplace Health and Safety Regulations made under the Act.

(2) An employer shall ensure that where a lift truck is operated

(a) in a one-way aisle, the width of the aisle equals at least the width of the vehicle or load being carried, whichever is wider, plus 600 mm; and

(b) in a two-way aisle, the width of the aisle equals at least twice the width of the vehicle or load being carried, whichever is wider, plus 900 mm.

(3) An employer must ensure that a lift truck that is propelled by propane has all engine and fuel components designed, assembled, examined, inspected, operated and maintained in accordance with the latest version of CSA standard CSA B149.2 , "Propane Storage and Handling Code".

[N.S. Reg. 53/2013, ss. 36, 93]

83. Repealed. [N.S. Reg. 53/2013, s. 37]

Part 11 Electrical Safety

Section 126

126. (1) In this Section and in Section 128, "authority" means an electrical utility whose primary business is the generation or distribution of electricity.

(2) No person shall carry out work that may bring a person or object closer than 6.0 m to an overhead energized power line or power line equipment where the voltage of the overhead energized power line is not known to the person carrying out the work.

(3) Where work is performed in close proximity to an energized overhead power line or power line equipment rated at less than 750 v phase to phase, an employer shall ensure that the work is performed no closer than 1 m from the power line or power line equipment to ensure the safety of every person in the workplace from the electrical hazard.

(4) An employer shall ensure that no work is carried out, and no person shall carry out work that may bring a person or object closer than the distances set out in the following table to an overhead energized power line or power line equipment rated at greater than or equal to 750 v phase to phase:

Table

(5) Despite subsections (3) and (4), where a person is about to commence work that may bring a person or object closer than a distance specified in subsection (3) or (4) to an overhead energized power line or power line equipment described in subsection (3) or (4), an employer shall not permit the person to commence work until the employer has contacted the authority owning or operating the energized power line or power line equipment and

(a) ensured that the energized powerline or power line equipment is insulated or guarded in an adequate manner; or

(b) provided an alternative means of protection from the electrical hazard that provides an equivalent level of safety.

(6) This Section does not apply to

(a) work performed by a competent person employed, contracted or authorized by an authority;

(b) equipment owned by an authority or an employer contracted or authorized by the authority, that is used in the installation, operation, maintenance, repair, dismantling or other work performed on the power line or power line equipment; or

(c) work performed on an energized power line or power line equipment where the employer has, in advance of the work,

(i) determined the degree of electrical insulation on the power line and power line equipment,

(ii) determined the level of electricity to which the power line or equipment will or may be energized,

(iii) obtained from an engineer, or the manufacturer of the power line and power line equipment, a written certification indicating that a person or object may be brought closer than the distances permitted by this Section, and

(iv) ensured that the work is performed by a competent person in an adequate manner consistent with the recommendations of the engineer or manufacturer providing the certification under subclause (iii).

[N.S. Reg. 53/2013, s. 51]

Part 14 Excavations and Trenches

Section 166

166. (1) Where a person may enter an excavation or trench and a wall of an excavation or trench is greater than 1.2 m in height, an employer shall ensure that the wall is supported by adequate shoring or bracing, or that an adequate trench cage is used, except where the employer is able to establish that the excavation or trench

(a) is cut in sound and stable rock;

(b) is sloped

(i) to within 1.2 m of the bottom of the excavation or trench, or

(ii) where soil overburden is located above an excavation or trench excavated in sound and stable rock, for the entire overburden,

and the slope does not exceed 1 m of vertical rise to each 1 m of horizontal run; or

(c) is one that a person does not enter within a horizontal distance from the walls of the excavation or trench that is equal to the height of the walls.

(2) Where the walls or crests of an excavation or trench are cut in rock, an employer shall ensure that the walls and crests are adequately supported by rock bolts, wire mesh or other means of adequate protection, if necessary, to ensure safe working conditions.

(3) Where powered mobile equipment is used near the edge of an excavation or trench, an employer shall ensure that any shoring, bracing or caging for the excavation or trench is adequate to support the increased load.

(4) An employer shall ensure that the walls of an excavation or trench are stripped of loose rock or other material that could slide, roll or fall on a person in the excavation or trench and injure that person.

(5) Despite clause. (1)(b), an employer may slope the walls of an excavation or trench at an angle that exceeds a 1 m vertical rise to each 1 m horizontal run where an engineer has certified in writing that the steeper slope will be stable and is not a hazard to a person in the excavation or trench.

(6) An employer shall ensure that a utility pole, building or other structure is provided adequate support or removed if the utility pole, building or other structure may become unstable because of excavation or trenching activity.

[N.S. Reg. 52/2000, s. 86]

Part 15 Surface Mine Workings

Section 186

186. (1) Where material in a surface mine is being worked by means of powered mobile equipment, an employer shall ensure that the working face is sloped to a maximum grade of one unit of vertical rise for every equal unit of horizontal run during periods of inactivity that exceed a period of 4 months.

(2) Where material in a surface mine is being worked by means of powered mobile equipment, an employer shall ensure that

(a) the working face extends not more than 1.5 m above the maximum reach of the equipment in use; or

(b) the work is performed in accordance with written specifications and a written safe work procedure certified by an engineer, following consultation with the committee or representative, if any.

(i) - (ii) Repealed. [N.S. Reg. 53/2013, s. 78]

[N.S. Reg. 52/2000, s. 98]

Section 187

187. Where undercutting or undermining is performed at the working face of a surface mine by means of powered mobile equipment, an employer shall ensure that the undercutting or undermining is

(a) restricted to the depth of the bucket of the powered mobile equipment; and

(b) permitted only when

(i) the approach by the operator of the powered mobile equipment is at a 90^o angle to the working face; and

(ii) the work is performed in accordance with specifications and a written safe work procedure certified by a competent person in consultation with the committee, or representative, if any.

[N.S. Reg. 52/2000, s. 99]