Demolition

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Did you know prior to a building being demolished it must be assessed for hazardous substances and for them be removed before demolition commences?

Demolition is often part of the activities on construction projects. Demolition involves the destruction or removal of all, or part, of an existing building, tunnel, work or any structure. Employers can use powered mobile equipment (PME), cranes or other hoists to demolish buildings or structures. Explosives are also used in specialized blasting to demolish an above-ground building, stack or similar structure. Persons in and around a demolition project are faced with health and safety hazards related to the work, therefore employers are responsible for planning and executing safety requirements related to demolition.

Risks of not meeting the safety requirements include:

  • illness caused by hazardous substances, such as silica dust or asbestos
  • injury or death, such as from being struck by objects or falling debris
  • accidental collapse of building or structure
  • equipment tip over
  • property and materials damage
  • financial impacts, such as from fines and loss of business

An employer must:

Before demolishing a building or other structure

  • Take adequate steps to prevent injury to any person at or near the project or the adjoining property.
  • Disconnect or isolate existing gas, water, electrical, steam and other services to the project.
  • Make sure an assessment of a building or other structure to be demolished is conducted to identify hazardous substances.
  • Make sure hazardous substances, so far as is reasonably practicable, are removed.
  • Where the demolition is likely to endanger the safety of a person by its accidental collapse, make sure adequate measures are taken so that the project is adequately shored, braced or otherwise supported.
  • Where persons are endangered, make sure the glass from windows and other locations in the project are removed before the project commences to prevent falling of broken glass.
  • Make sure an engineer designates the area to be demolished in writing as a demolition zone or in the absence of such designation, considers the demolition zone as the area having its centre at the point of demolition and having a horizontal radius equal to 1 ½ times the initial height of the project, or portion of the project being demolished.
  • Make sure that adequate and appropriate equipment for lifting and moving is provided where lifting or moving of a thing or person, may endanger a person at the workplace.
  • Make sure the training and instruction on the appropriate method of performing the lifting and moving are provided as per the equipment manufacturer’s instructions, or, as per the adequate work methods and lifting and moving techniques.

Within a demolition zone

This Section applies to demolition by a heavy weight suspended by cable from a crane or other hoist; or a power shovel, bulldozer or other PME.

  • Make sure that no person, other than persons directly engaged in the demolition, enters or remains within the demolition zone while the project is being demolished.
  • Make sure the supporting cable of a swinging weight is of such length or so restrained that the weight will not swing against any object other than the project being demolished.
  • Make sure adequate supports are provided to ensure the stability of the hoist or PME used during demolition.
  • Make sure structural components are adequately identified to ensure the components are not removed inadvertently. This action will prevent the uncontrolled collapse of a project that may endanger a person at or near the workplace.
  • Make sure that a signaller guides the operator where an operator of specified equipment cannot see where the material from the demolition will fall.
  • Establish an adequate written procedure certified by an engineer for the demolition where the demolition involves undercutting structural supports.

During a demolition project except for demolition work performed per the demolition zone

  • Make sure a demolition proceeds systematically from the highest to the lowest point of the project except for demolition work that is performed by explosives or work performed per the demolition zone.
  • Where a person may be endangered, make sure that the work above each tier or floor is completed before the integrity of its supports is impaired by the demolition operations.
  • Make sure no person disconnects a truss, girder or other member until it has been relieved of all loads, except its own weight, and given temporary support or lashed ready for lowering, and a hoist or other adequate equipment for the lowering of a truss, girder or beam is provided and used.
  • Make sure masonry walls or any part of them are removed in reasonably level courses in any one storey, and so as not to endanger any person on the project.
  • Make sure masonry is not loosened or permitted to fall in such masses as to endanger the structural stability of a floor or other support of the project.
  • Make sure where rubbish or debris is moved, it is carried in suitable containers, or moved by means of chutes or other safe methods that provide an equivalent degree of protection*.
  • Make sure a chute or other safe method with an equivalent degree of protection is used where rubbish or debris is lowered more than 6 m vertically*.
  • Make sure a chute is well constructed and rigidly fastened; if at more than 45° to the horizontal, is enclosed on all sides; and, has an adequate gate on every loading entrance and at the bottom.
  • Make sure the entrance to a chute:
    • has a 100 mm by 100 mm or larger curb or cleat, where the entrance is at or below the floor level;
    • is not more than 1.2 m above the floor; and
    • is kept closed when not in use.

Piled material and unconsolidated bulk material

  • Make sure that piled material is located:
    • so as not to interfere with illumination, ventilation, means of access and exit, passageways or traffic lanes, the operation of machines, sprinklers and firefighting equipment, or electrical panels or energized electrical power lines;
    • on a firm foundation that is able to support the load;
    • located so that the pile is not resting against a partition or wall of a building unless the partition or wall is designed to support the load;
  • Make sure that piled material is:
    • stacked in a manner to prevent rolling, where pipes, bar stock or other material or objects may create a hazard by rolling.
    • arranged in a manner that makes it stable;
    • protected from conditions that may significantly damage the structural integrity of any container used to store the material; and
    • regularly inspected for hazards.
  • Where unconsolidated bulk material is stockpiled:
    • make sure 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
    • comply with the requirements of Sections 185 to 189 of the Occupational Safety General Regulations.
  • Where unconsolidated bulk material is stockpiled and removed by means of PME, make sure that:
    • the working face of the unconsolidated bulk material is sloped at the angle of repose;
    • 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
    • the work is performed per written specifications and a written safe work procedure certified by an engineer, following consultation with the joint occupational health and safety committee (JOHSC) or safety representative, if any.
  • Where the face of unconsolidated bulk material is undermined or undercut by means of PME, make sure that the undermining or undercutting is:
    • restricted to the depth of the bucket of the PME;
    • permitted only when the approach of the PME is at a 90° angle plus or minus 5° to the face of the material; and
    • performed per the written specifications and a written safe work procedure certified by an engineer, following consultation with the JOHSC or safety representative, if any.
  • Where unconsolidated material is loaded or unloaded from a vehicle or equipment, make sure that adequate precautions are taken to ensure the vehicle or equipment does not overturn.

Setting up scaffolds

  • Make sure that scaffolds are erected independent of that portion of a project that is being demolished.

Following the completion of a demolition project

  • Make sure that:
    • the demolition area is fenced or barricaded;
    • an excavation is backfilled to grade level; or
    • an excavation is sloped to its angle of repose.

A blaster must:

  • If reasonably practicable, make sure that no charge is fired unless all property, including machinery and equipment, is located at a safe distance from the blast*.

An employee must:

  • Not disconnect a truss, girder or other member until it has been relieved of all loads, except its own weight, and given temporary support or lashed ready for lowering.
    "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;
    "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;
    (s) "specialized blasting" means blasting of any of the following types:
    (i) blasting in a confined space,
    (ii) blasting underwater,
    (iii) blasting to demolish an above-ground building, stack or similar structure,
    (iv) blasting ice,
    (v) blasting in theatrical applications,
    (vi) blasting in, at or near an oil or gas well.
    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.
    “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.
    "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;
    This requirement does not apply during demolition if a heavy weight suspended by a cable from a crane or other hoist; or a power shovel, bulldozer or other PME, is used to conduct the demolition.
    "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;
    This requirement does not apply to property that is intended to be demolished.

    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 26 General handling of objects and material

    26. Where the lifting or moving of a thing or person may be a hazard to the health or safety of a person at the workplace, an employer shall ensure that

    (a) adequate and appropriate equipment for the lifting and moving is provided; and

    (b) training and instruction as to the appropriate method of performing the lifting and moving is provided in accordance with the equipment manufacturer's instructions, or, where there are no equipment manufacturer's instructions, in accordance with adequate work methods and lifting and moving techniques.

    [N.S. Reg. 52/2000, s. 13]

    Section 27

    27. (1) An employer shall ensure that where rubbish or debris is moved, it is carried in suitable containers, or moved by means of chutes or other safe methods that provide an equivalent degree of protection.

    (2) An employer shall ensure that a chute or other safe method that provides an equivalent degree of protection is used where rubbish or debris is lowered more than 6 m vertically.

    (3) Subsections (1) and (2) do not apply during demolitions if

    (a) a heavy weight suspended by a cable from a crane or other hoist; or

    (b) a power shovel, bulldozer or other powered mobile equipment,

    is used to conduct the demolition.

    [N.S. Reg. 52/2000, s. 14]

    Section 28

    28. An employer shall ensure that a chute

    (a) is well constructed and rigidly fastened;

    (b) if at more than 45° to the horizontal, is enclosed on all sides; and

    (c) has an adequate gate on every loading entrance and at the bottom.

    [N.S. Reg. 52/2000, s. 15]

    Section 29

    29. An employer shall ensure that the entrance to a chute

    (a) has a 100 mm by 100 mm or larger curb or cleat, where the entrance is at or below the floor level;

    (b) is not more than 1.2 m above the floor; and

    (c) is kept closed when not in use.

    Section 32 Piled material

    32. An employer shall ensure that piled material is

    (a) located so as not to interfere with

    (i) illumination,

    (ii) ventilation,

    (iii) means of access and exit,

    (iv) passageways or traffic lanes,

    (v) the operation of machines,

    (vi) sprinklers and firefighting equipment, or

    (vii) electrical panels or energized electrical power lines;

    (b) located on a firm foundation that is able to support the load;

    (c) located so that the pile is not resting against a partition or wall of a building unless the partition or wall is designed to support the load;

    (d) arranged in a manner that makes it stable;

    (e) protected from conditions that may significantly damage the structural integrity of any container used to store the material; and

    (f) regularly inspected for hazards.

    Section 33

    33. Where pipes, bar stock or other material or objects may create a hazard by rolling, an employer shall ensure that the piled material is stacked in a manner to prevent rolling.

    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 13 Premises and Building Safety, Construction and Demolition

    Section 157 Demolition

    157. (1) No employer shall commence or continue to demolish a project until

    (a) adequate steps have been taken to prevent injury to any person at or near the project or the adjoining property; and

    (b) existing gas, water, electrical, steam and other services to the project have been disconnected or isolated.

    (2) An employer shall ensure that

    (a) an assessment of a building or other structure to be demolished is conducted to identify hazardous substances; and

    (b) so far as is reasonably practicable, hazardous substances are removed prior to the demolition.

    Section 158

    158. (1) Where a project, or any part thereof, being demolished is likely to endanger the safety of a person by its accidental collapse, an employer shall ensure that adequate measures are taken so that the project is adequately shored, braced or otherwise supported.

    (2) Where a person may be endangered at or near a demolition project from falling or broken glass, an employer shall ensure that the glass is removed from windows and other locations in the project before demolition commences.

    [N.S. Reg. 52/2000, s. 84]

    Section 159

    159. Where a hoist or powered mobile equipment is used during demolition, an employer shall ensure adequate supports are provided to ensure the stability of the hoist or powered mobile equipment.

    Section 160

    160. An employer shall ensure that scaffolds are erected independent of that portion of a project that is being demolished.

    Section 161

    161. (1) Except for demolition work performed in accordance with Section 165 or a demolition by explosives, an employer shall ensure that a demolition proceeds systematically from the highest to the lowest point of the project.

    (2) Where a person may be endangered, an employer shall ensure that the work above each tier or floor is completed before the integrity of its supports is impaired by the demolition operations.

    Section 162

    162. Following the completion of a demolition project, an employer shall ensure that

    (a) the demolition area is fenced or barricaded;

    (b) an excavation is backfilled to grade level; or

    (c) an excavation is sloped to its angle of repose.

    [N.S. Reg. 53/2013, s. 71]

    Section 163

    163. Except for demolition work performed in accordance with Section 165, an employer at a demolition project shall ensure that

    (a) no person disconnects a truss, girder or other member until it has been relieved of all loads, except its own weight, and given temporary support or lashed ready for lowering; and

    (b) a hoist or other adequate equipment for the lowering of a truss, girder or beam is provided and used.

    Section 164

    164. (1) Except for demolition work performed in accordance with Section 165, an employer at a demolition project shall ensure that masonry walls or any part of them are removed

    (a) in reasonably level courses in any one storey; and

    (b) so as not to endanger any person on the project.

    (2) An employer at a demolition project shall ensure that masonry is not loosened or permitted to fall in such masses as to endanger the structural stability of a floor or other support of the project.

    Section 165

    165. (1) In this Section, "demolition zone" means

    (a) the area designated as such in writing by an engineer before the demolition begins; or

    (b) in the absence of a designation under clause (a), the area having its centre at the point of demolition and having a horizontal radius equal to 1 ½ times the initial height of the project, or portion of the project being demolished.

    (2) This Section applies to demolition by

    (a) a heavy weight suspended by cable from a crane or other hoist; or

    (b) a power shovel, bulldozer or other powered mobile equipment.

    (3) An employer shall ensure that no person, other than persons directly engaged in the demolition, enters or remains within the demolition zone while the project is being demolished.

    (4) Where a swinging weight is used for demolition, an employer shall ensure that the supporting cable is of such length or so restrained that the weight will not swing against any object other than the project being demolished.

    (5) Where it is required to prevent the uncontrolled collapse of a project that may endanger a person at or near the workplace, an employer shall ensure that structural components are identified in an adequate manner to ensure the components are not removed inadvertently.

    (6) Where an operator of equipment referred to in subsection (2) cannot see where the material from the demolition will fall, the employer shall ensure that a signaller guides the operator.

    (7) Where the demolition involves undercutting structural supports, an employer shall establish an adequate written procedure certified by an engineer for the demolition.

    [N.S. Reg. 52/2000, s. 85; 53/2013, s. 72]

    Part 15 Surface Mine Workings

    Section 185 Work procedures

    185. Where unconsolidated material is being worked or removed, an employer shall ensure that the vertical height of the unconsolidated material is not more than 1.5 m above the maximum reach of the equipment being used to work or remove the unconsolidated material, unless the work is done in accordance with written specifications and a written safe work procedure certified by an engineer, following consultation with the committee or representative, if any.

    (a) - (b) Repealed. [N.S. Reg. 53/2013, s. 77]

    [N.S. Reg. 52/2000, s. 97; 53/2013, s. 77]

    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 90o 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]

    Section 188

    188. Where unconsolidated material in a surface mine is being worked by means other than powered mobile equipment, an employer shall ensure that

    (a) the working face is sloped at its angle of repose;

    (b) the vertical portion of the working face does not exceed a maximum grade of one unit of vertical rise for every equal unit of horizontal run; 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.

    (i) - (ii) Repealed. [N.S. Reg. 53/2013, s. 79]

    [N.S. Reg. 52/2000, s. 100; 53/2013, s. 79]

    Section 189

    189. Where unconsolidated material is being worked at a working face, an employer shall ensure that no person comes closer to the working face than 1.3 times the height of the working face, unless

    (a) the working face is sloped at its angle of repose;

    (b) the working face is benched to limit the vertical height of the working face to not more than 1.2 m and the grade above the horizontal portion does not exceed one unit of vertical rise for every equal unit of horizontal run; or

    (c) the work is performed in accordance with written specifications and a written safe work procedure certified as adequate 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. 101; 53/2013, s. 80]

    Blasting Safety Regulations
    N.S. Reg. 89/2008

    Section 3 Definitions

    3. In these regulations,

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

    (b) "blaster" means any of the following:

    (i) a person who holds a blaster certificate,

    (ii) a person who conducts a blast in a specialized blasting operation,

    (iii) a person who conducts a special case blast, as defined in Section 23;

    (c) "blaster certificate" means a certificate of qualification in the blaster trade issued under the Apprenticeship and Trades Qualifications Act;

    (d) "blasting activity" includes all of the following:

    (i) storing, handling, transporting, preparing and using explosives,

    (ii) drilling at a blasting area or in combination with the use of explosives,

    (iii) loading a hole with explosives;

    (e) "blasting area" means the zone extending 50 m in all directions from the place in which explosives are handled, prepared, used or loaded for firing, or in which misfired explosives exist or are believed to exist;

    (f) "blasting machine" means an electric or electro-mechanical device that provides electric energy for energizing electric detonators, but does not include batteries by themselves;

    (g) "blasting meter" means a test instrument, such as a blasting galvanometer, blasting ohmmeter, blasting voltmeter or blasting multimeter, that is used to check detonators and electric circuits for continuity, resistance, stray currents and other pertinent measurements;

    (h) "blasting operation" means the portion of a procedure involving explosives that begins when explosives are brought into the area to be blasted and ends when all explosives are removed from the area;

    (i) "blasting switch" means a device used to permit the firing of electric blasting circuits from power lines;

    (j) "burden" means the distance between the blast hole and the free face of the material being blasted;

    (k) "day box" means a portable unit used for storing explosives;

    (l) "detonator" means a device used to fire a charge;

    (m) "explosive" means a substance, including a detonator or primed explosive, that is manufactured or used to produce an explosion by detonation or deflagration and that is regulated by the Explosives Act (Canada), but does not include ammunition for weapons, fireworks or explosive-actuated tools;

    (n) "extraneous electricity" means unwanted electric current that is present at a blasting area and that could enter an electric blasting circuit, and includes stray current, static electricity, radio frequency energy and time-varying electric and magnetic fields;

    (o) "magazine" means a fixed unit used for storing explosives;

    (p) "misfired hole" means a charge of explosives in a hole or part of a hole that for any reason has failed to fire as planned, and includes an aborted charge under clause 85(d);

    (q) "prime a charge" means to position a detonator for use in firing a charge;

    (r) "primed explosive" means an explosive containing a detonator;

    (s) "specialized blasting" means blasting of any of the following types:

    (i) blasting in a confined space,

    (ii) blasting underwater,

    (iii) blasting to demolish an above-ground building, stack or similar structure,

    (iv) blasting ice,

    (v) blasting in theatrical applications,

    (vi) blasting in, at or near an oil or gas well.

    Section 69 Protecting property

    69. (1) If reasonably practicable, a blaster must ensure that no charge is fired unless all property, including machinery and equipment, is located at a safe distance from the blast.

    (2) Subsection (1) does not apply to property that is intended to be demolished.

    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]