R.R.O. 1990, Reg. 851: INDUSTRIAL ESTABLISHMENTS

Consolidation Period: From July 1, 2022 to the e-Laws currency date .

This is the English version of a bilingual regulation.

1. In this Regulation,

“adequate”, when used in relation to a procedure, plan, material, device, object or thing, means that it is,

(a) sufficient for both its intended and its actual use, and

(b) sufficient to protect a worker from occupational illness or occupational injury; (“adéquat”)

“adequately” has a meaning that corresponds to the meaning of “adequate”; (“adéquatement”)

“boom” means the projecting part of a back-hoe, shovel, crane or similar lifting device from which a load is likely to be supported; (“flèche”)

“fire-resistance rating” means the rating in hours or fraction thereof that a material or assembly of materials will withstand the passage of flame and the transmission of heat when exposed to fire, as established for the material or assembly of materials under the Building Code Act; (“indice de résistance au feu”)

“flammable liquid” means a liquid having a flash point below 37.8° Celsius, and a vapour pressure below 275 kilopascals absolute at 37.8° Celsius; (“liquide inflammable”)

“foundry” means the part of a building or premises or the workshop, structure, room or place in which base metals or their alloys are cast in moulds, other than permanent moulds, or where core-making, shakeout or cleaning or any casting or other dust-causing operation ancillary to the casting process is carried on; (“fonderie”)

“gangway” means a defined passageway between a metal melting unit and a metal pouring area; (“passage”)

“lifting device” means a device that is used to raise or lower any material or object and includes its rails and other supports but does not include a device to which Ontario Regulation 209/01 (Elevating Devices), made under the Technical Standards and Safety Act, 2000, applies; (“appareil de levage”)

“log” includes tree-length pulpwood and a pit prop, pole, post, tie or any similar product; (“bille”)

“pouring aisle” means a passageway leading from a gangway where metal is poured into a mould or box; (“allée de coulée”)

“prime mover” means an initial source of motive power; (“élément moteur”)

“service room” means, in relation to a building, a room that accommodates building services and includes a boiler room, furnace room, incinerator room, garbage room, elevator machine room and a room that accommodates air conditioning or heating appliances, pumps, compressors or electrical services; (“local technique”)

“transmission equipment” means any object or objects by which the motion of a prime mover is transmitted to a machine that is capable of utilizing such motion and includes a shaft, pulley, belt, chain, gear, clutch or other device; (“organe de transmission”)

“working space” means any space where persons are engaged in the performance of work within a foundry but does not include offices, lunch rooms, locker rooms, change rooms, rest rooms, washrooms, shower rooms, toilet rooms, pattern shops, maintenance shops, laboratories, shipping areas, the storage space occupied by equipment or materials not regularly in use or the enclosed space where core sands and moulding sands are stored. (“aire de travail”) R.R.O. 1990, Reg. 851, s. 1; O. Reg. 516/92, s. 1; O. Reg. 629/05, s. 1; O. Reg. 420/10, s. 1; O. Reg. 60/18, s. 1; O. Reg. 374/22, s. 1.

Alternative Methods and Materials

2. An employer, owner or constructor may vary a procedure required by this Regulation or the composition, design, size or arrangement of a material, object, device or thing as required by this Regulation,

(a) if the procedure, composition, design, size or arrangement as varied affords protection for the health and safety of workers that is at least equal to the protection that would otherwise be given; and

(b) if the employer, owner or constructor gives written notice of the varied procedure, composition, design, size or arrangement to the joint health and safety committee or the health and safety representative, if any, for the workplace and to any trade union representing workers at the workplace. O. Reg. 186/19, s. 2.

3. This Regulation applies to all industrial establishments. R.R.O. 1990, Reg. 851, s. 3.

PART I
SAFETY REGULATIONS

4. (1) Subject to subsection (2), the minimum age of,

(b) a person who is permitted to be in or about an industrial establishment,

(c) sixteen years of age in a logging operation;

(d) fifteen years of age in a factory other than a logging operation; and

(e) fourteen years of age in a workplace other than a factory. R.R.O. 1990, Reg. 851, s. 4 (1).

(2) Clause (1) (b) does not apply to a person who,

(a) while in the industrial establishment, is accompanied by a person who has attained the age of majority;

(b) is being guided on a tour of the industrial establishment;

(c) is in an area of the industrial establishment used for sales purposes; or

(d) is in an area of the industrial establishment to which the public generally has access. R.R.O. 1990, Reg. 851, s. 4 (2).

(3) Clauses (1) (d) and (e) do not apply with respect to a worker who works as a performer in the entertainment and advertising industry. O. Reg. 179/07, s. 1.

(4) In subsection (3),

“entertainment and advertising industry” means the industry of producing,

(a) live or broadcast performances, or

(b) visual, audio or audio-visual recordings of performances, in any medium or format; (“industrie du spectacle et de la publicité”)

“performance” means a performance of any kind, including theatre, dance, ice skating, comedy, musical productions, variety, circus, concerts, opera, modelling and voice-overs, and “performer” has a corresponding meaning. (“representation”) O. Reg. 179/07, s. 1.

5.-6. Revoked : O. Reg. 421/21, s. 1.

Pre-Start Health and Safety Reviews

7. (1) In this section,

“apparatus” means equipment or a machine or device; (“appareil”)

“applicable provision” means an applicable provision of this Regulation that is listed in the Table; (“disposition applicable”)

“protective element” means a shield, a guard, an operating control acting as a guard, a locking device or any other device preventing access; (“élément protecteur”)

“spray booth” means a spray booth as defined in Ontario Regulation 213/07 (Fire Code) made under the Fire Protection and Prevention Act, 1997; (“cabine de pulvérisation”)

“Table” means the Table to this section. (“tableau”) O. Reg. 528/00, s. 2; O. Reg. 420/10, s. 3 (1); O. Reg. 434/21, s. 1 (1).

(2) Subject to subsection (3), an owner, lessee or employer shall ensure that a pre-start health and safety review is conducted if, in a factory, an applicable provision applies and a corresponding circumstance described in the Table will exist,

(a) because a new apparatus, structure or protective element is to be constructed, added or installed or a new process is to be used; or

(b) because an existing apparatus, structure, protective element or process is to be modified and one of the following steps must be taken to obtain compliance with the applicable provision:

(i) New or modified engineering controls are used.

(ii) Other new or modified measures are used.

(iii) A combination of new, existing or modified engineering controls and other new or modified measures is used. O. Reg. 434/21, s. 1 (2).

(3) A pre-start health and safety review is not required,

(a) at a logging operation; or

(b) if an exemption set out in the Table applies. O. Reg. 434/21, s. 1 (2).

(4) A pre-start health and safety review shall be conducted by,

(a) an engineer for item 1, 2, 3, 4, 5, 6 or 7 of the Table; and

(b) an engineer or a person who in the opinion of the owner, lessee or employer possesses special, expert or professional knowledge or qualifications appropriate to assess any potential or actual hazards for item 8 of the Table. O. Reg. 434/21, s. 1 (2); O. Reg. 374/22, s. 2.

(5) A report on the pre-start health and safety review shall,

(a) be made to the owner, lessee or employer in writing;

(b) be signed and dated by the person conducting the review;

(c) have a seal affixed to it in accordance with the requirements under the Professional Engineers Act, if the person conducting the review is an engineer; and

(d) include the following information:

(i) details of the measures to be taken for compliance with the applicable provisions,

(ii) if item 3 or 7 of the Table applies, details of the structural adequacy of the apparatus or structure,

(iii) if any testing is to be performed before the apparatus, structure, protective element or process can be operated or used, as the case may be, details of the measures to be taken to protect the health and safety of workers while the testing is carried out, and

(iv) if the person conducting the review is not an engineer, the person’s special, expert or professional knowledge or qualifications. O. Reg. 434/21, s. 1 (2); O. Reg. 374/22, s. 2.

(6) If a pre-start health and safety review is required, the owner, lessee or employer shall ensure that the apparatus, structure, protective element or process is not operated or used, as the case may be, unless the review has been conducted and,

(a) all measures identified in the review as being required for compliance with the applicable provisions have been taken; or

(b) if some or all of the measures specified in clause (a) are not taken, the owner, lessee or employer has provided written notice to the joint health and safety committee or the health and safety representative, if any, of what measures have been taken to comply with the applicable provisions. O. Reg. 434/21, s. 1 (2).

(7) If a pre-start health and safety review is required, the owner, lessee or employer shall provide a copy of the written report made under subsection (5) to the joint health and safety committee or the health and safety representative, if any, before the apparatus, structure, protective element or process is operated or used, as the case may be. O. Reg. 434/21, s. 1 (2).

(8) The owner, lessee or employer shall keep the following documents readily accessible in the workplace for as long as the apparatus, structure or protective element remains in the workplace or the process is used in the workplace, as the case may be:

1. A copy of a written report made under subsection (5), together with supporting documentation, if any.

2. A copy of the documentation that establishes an exemption set out in the Table. O. Reg. 434/21, s. 1 (2).

(9) If an exemption set out in the Table applies, the owner, lessee or employer shall provide a copy of the documentation described in paragraph 2 of subsection (8) to the joint health and safety committee or the health and safety representative, if any, upon request. O. Reg. 434/21, s. 1 (2).

(10)-(15) Revoked : O. Reg. 434/21, s. 1 (2).

Applicable provisions of this Regulation

Either of the following applies with respect to flammable liquids:
1. More than 235 litres of flammable liquids are located in a building or room.
2. Flammable liquids are dispensed in a building, room or area.

Subsections 22 (1), (2) and (4)

All of the following requirements are met:
1. No more than 235 litres of flammable liquids are stored per adequate cabinet.
2. No more than three cabinets containing flammable liquids are in a group of cabinets.
3. There is a minimum distance of 30 metres between groups of cabinets containing flammable liquids.

Any of the following are used as protective elements in connection with an apparatus:
1. Safeguarding devices that signal the apparatus to stop, including but not limited to safety light curtains and screens, area scanning safeguarding systems, radio frequency systems and capacitance safeguarding systems, safety mat systems, two-hand control systems, two-hand tripping systems and single or multiple beam systems.
2. Barrier guards that use interlocking mechanical or electrical safeguarding devices.

Sections 24, 25, 26, 28, 31 and 32

1. The protective element was installed at the time the apparatus was manufactured, and,
i. the apparatus and the protective element were manufactured in accordance with, or have been modified to meet, current applicable standards; and
ii. the apparatus has been installed in accordance with current applicable standards, if any, and the manufacturer’s instructions.
2. The protective element was not installed at the time the apparatus was manufactured, and,
i. the apparatus and the protective element were manufactured in accordance with, or have been modified to meet, current applicable standards; and
ii. the apparatus and the protective element have been installed in accordance with current applicable standards, if any, and the manufacturer’s instructions.

Material, articles or things are placed or stored on a structure that is a rack or stacking structure.

The rack or stacking structure is designed and tested for use in accordance with current applicable standards.

A process involves a risk of ignition or explosion that creates a condition of imminent hazard to a person’s health or safety.

The process is conducted inside a spray booth that has been manufactured and installed in accordance with current applicable standards.

The use of a dust collector involves a risk of ignition or explosion that creates a condition of imminent hazard to a person’s health or safety.

A factory produces aluminum or steel or is a foundry that melts material or handles molten material.

Sections 87.3, 87.4, 87.5 and 88, subsections 90 (1), (2) and (3), and sections 91, 92, 94, 95, 96, 99, 101 and 102

Any of the following are used:
1. A travelling crane, overhead crane, monorail crane, gantry crane, jib crane or other lifting device suspended from or supported by a structure.
2. A vehicle lift or hoist.

Sections 51 and 53

1. The supporting structure was originally designed for the travelling crane, overhead crane, monorail crane, gantry crane, jib crane or other lifting device that is being installed or used.
2. The vehicle lift or hoist has been certified as meeting current applicable standards.

A process uses or produces a hazardous biological or chemical agent and uses a ventilation system to limit the exposure of a worker in accordance with any exposure limit set out in Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act.

Sections 127 and 128

A portable device that extracts smoke, fumes or other substances and that does not exhaust to the outdoors is used.

O. Reg. 434/21, s. 1 (3).

8. Revoked : O. Reg. 450/97, s. 3.

9. The fee for each copy of a report or each copy of an order furnished under section 64 of the Act is $500. R.R.O. 1990, Reg. 851, s. 9.

10. Revoked : O. Reg. 60/18, s. 2.

11. A floor or other surface used by any worker shall,

(a) be kept free of,

(iii) accumulations of refuse, snow or ice; and

(b) not have any finish or protective material used on it that is likely to make the surface slippery. R.R.O. 1990, Reg. 851, s. 11.

12. Clearances between a moving part of any machine or any material carried by the moving part of the machine and any other machine, structure or thing shall be adequate to ensure that the safety of any worker in the area is not endangered. R.R.O. 1990, Reg. 851, s. 12.

13. (1) Subject to subsection (2), there shall be a guardrail,

(a) around the perimeter of an uncovered opening in a floor, roof or other surface to which a worker has access;

(b) at an open side of,

(i) a raised floor, mezzanine, balcony, gallery, landing, platform, walkway, stile, ramp or other surface, or

(ii) a vat, bin or tank, the top of which is less than 107 centimetres above the surrounding floor, ground, platform or other surface; and

(c) around a machine, electrical installation, place or thing that is likely to endanger the safety of any worker. R.R.O. 1990, Reg. 851, s. 13 (1).

(2) Subsection (1) does not apply to,

(a) a loading dock;

(b) a roof to which access is required only for maintenance purposes;

(c) a pit used for,

(i) work on an assembly line, or

(ii) maintenance of vehicles or similar equipment; and

(d) a conveyor or similar system that transports a vehicle or vehicle part, and any raised platform used with the conveyor or similar system, if a guardrail would,

(i) obstruct the passage of the vehicle or vehicle part,

(ii) prevent a worker from performing work, or

(iii) pose a hazard to a worker. R.R.O. 1990, Reg. 851, s. 13 (2); O. Reg. 456/18, s. 1 (1).

(3) If there is no guardrail in a situation described in subsection (2), an employer shall develop and implement other measures and procedures to protect workers from the hazard of falling. O. Reg. 456/18, s. 1 (2).

14. (1) A guardrail shall,

(a) have a top rail located not less than 91 and not more than 107 centimetres above the surface to be guarded;

(b) have a mid rail;

(c) if tools or other objects may fall on a worker, have a toe-board that extends from the surface to be guarded to a height of at least 125 millimetres; and

(d) be free of splinters and protruding nails. R.R.O. 1990, Reg. 851, s. 14 (1).

(2) A guardrail shall be constructed to meet the structural requirements for guards as set out in the Building Code. R.R.O. 1990, Reg. 851, s. 14 (2).

15. A cover on an opening in a floor, roof or other surface shall be,

(a) secured in place; and

(b) constructed to meet the structural requirements for loads due to the use of floors and roofs as set out in the Building Code. R.R.O. 1990, Reg. 851, s. 15.

(a) located or arranged so that it could be mistaken for an exit door; or

(b) leading to a hazardous, restricted or unsafe area,

shall be identified by a warning sign posted on it. R.R.O. 1990, Reg. 851, s. 16.

17. A fixed walkway, service stair or stile shall be at least fifty-five centimetres in width. R.R.O. 1990, Reg. 851, s. 17.

18. (1) Subject to subsection (2), an access ladder fixed in position shall,

(b) have rest platforms at not more than nine metre intervals;

(c) be offset at each rest platform;

(d) where the ladder extends over five metres, above grade, floor or landing, have a safety cage commencing not more than 2.2 metres above grade, floor or landing and continuing at least ninety centimetres above the top landing with openings to permit access by a worker to rest platforms or to the top landing;

(e) have side rails that extend ninety centimetres above the landing; and

(f) have rungs which are at least fifteen centimetres from the wall and spaced at regular intervals. R.R.O. 1990, Reg. 851, s. 18 (1); O. Reg. 420/10, s. 4.

(2) Subsection (1) does not apply to an access ladder on a tower, water tank, chimney or similar structure which has a safety device which will provide protection should a worker using the ladder fall. R.R.O. 1990, Reg. 851, s. 18 (2).

19. Where frequent access is required to equipment elevated above or located below floor level, permanent platforms shall be provided with access by a fixed,

(b) access ladder. R.R.O. 1990, Reg. 851, s. 19.

20. Barriers, warning signs or other safeguards for the protection of all workers in an area shall be used where vehicle or pedestrian traffic may endanger the safety of any worker. R.R.O. 1990, Reg. 851, s. 20.

21. Where natural lighting is inadequate to ensure the safety of any worker, artificial lighting shall be provided and shadows and glare shall be reduced to a minimum. R.R.O. 1990, Reg. 851, s. 21.

Fire Prevention — Protection

22. (1) Subject to subsections (2), (3) and (4), where not required for immediate use, flammable liquids shall be,

(a) in sealed containers; and

(i) outdoors and remote from any means of egress,

(ii) in a building not used for any other purpose, or

(A) separated from the rest of the building with partitions having,

1. at least a one-hour fire-resistance rating, and

2. self-closing doors, hinged to swing outwardly on their vertical axes,

(B) equipped with,

1. a drain connected to a dry sump or holding tank, and

2. liquid-tight seals between interior walls and floor and a liquid-tight ramped sill at any door opening, which is not in an exterior wall, and

(C) having natural ventilation to the outdoors by upper and lower exterior wall gravity louvres. R.R.O. 1990, Reg. 851, s. 22 (1); O. Reg. 420/10, s. 5.

(2) Where not required for immediate use, flammable liquids,

(a) in opened containers; or

(b) having a flash point below 22.8° Celsius and a boiling point below 37.8° Celsius,

(c) comply with the requirements of clause (1) (b);

(d) be stored in facilities having no potential source of ignition; and

(e) when located in a room, be located in a room equipped with,

(i) explosion venting to the outdoors, and

(ii) a spark resistant floor. R.R.O. 1990, Reg. 851, s. 22 (2).

(3) A maximum of 235 litres of flammable liquids may be stored,

(a) in sealed containers of not more than twenty-three litre capacity each; or

(b) in a metal cabinet of double walled construction with a 3-point door latch and a liquid-tight door sill raised at least fifty millimetres above the floor. R.R.O. 1990, Reg. 851, s. 22 (3).

(4) An area where flammable liquids are dispensed shall have,

(a) mechanical ventilation from floor level to the outdoors at the rate of eighteen cubic metres per hour per square metre of floor area; and

(b) containers and dispensing equipment bonded and grounded when flammable liquid is dispensed. R.R.O. 1990, Reg. 851, s. 22 (4).

23. A portable container used for dispensing flammable liquid in a work area shall be made of material suitable to provide for the safety of all workers and have,

(a) a spring-loaded cap; and

(b) a flame arrestor. R.R.O. 1990, Reg. 851, s. 23.

24. Where a machine or prime mover or transmission equipment has an exposed moving part that may endanger the safety of any worker, the machine or prime mover or transmission equipment shall be equipped with and guarded by a guard or other device that prevents access to the moving part. R.R.O. 1990, Reg. 851, s. 24.

25. An in-running nip hazard or any part of a machine, device or thing that may endanger the safety of any worker shall be equipped with and guarded by a guard or other device that prevents access to the pinch point. R.R.O. 1990, Reg. 851, s. 25.

26. A machine shall be shielded or guarded so that the product, material being processed or waste stock will not endanger the safety of any worker. R.R.O. 1990, Reg. 851, s. 26.

27. An emergency stop control on a power-driven machine shall,

(a) be conspicuously identified; and

(b) be located within easy reach of the operator. R.R.O. 1990, Reg. 851, s. 27.

28. An operating control that acts as a guard for a machine not otherwise guarded shall,

(a) be in a location where the safety of the operator is not endangered by moving machinery;

(b) be arranged so that it cannot be operated accidentally; and

(c) not be made ineffective by a tie-down device or other means. R.R.O. 1990, Reg. 851, s. 28.

29. A grinding wheel shall be,

(a) marked with the maximum speed at which it may be used;

(b) checked for defects before mounting;

(c) mounted in accordance with the manufacturer’s specifications;

(d) operated at a speed which does not exceed the manufacturer’s recommendations;

(e) provided with protective hoods that enclose the wheel as closely as the work will permit;

(f) operated only by workers protected by eye protection; and

(g) stored where it will not be subjected to,

(i) extreme heat or cold, or

(ii) damage from impact. R.R.O. 1990, Reg. 851, s. 29.

30. A work rest for a grinding wheel shall,

(a) have a maximum clearance of three millimetres from the grinding wheel;

(b) be in a position above the centre line of the grinding wheel; and

(c) not be adjusted while the grinding wheel is in motion. R.R.O. 1990, Reg. 851, s. 30.

31. A centrifugal extractor, separator or dryer shall have an interlocking device that will prevent,

(a) any lid or covering guard from being opened or removed while the rotating drum or basket is in motion; and

(b) the starting of the drum or basket while the lid or covering guard is open or removed. R.R.O. 1990, Reg. 851, s. 31.

32. A tumbling mill or tumbling dryer shall have a locking device which prevents any movement of the mill or dryer that may endanger any worker during loading or unloading. R.R.O. 1990, Reg. 851, s. 32.

33. Portions of conveyors or other moving machinery that are not visible from the control station, and where starting up may endanger any worker, shall be equipped with automatic start-up warning devices. R.R.O. 1990, Reg. 851, s. 33.

34. Guards shall be provided beneath conveyors,

(a) that pass over any worker; or

(b) from which falling material, including broken conveyor parts, may be a hazard to any worker. R.R.O. 1990, Reg. 851, s. 34.

35. Overhead protection shall be provided where falling material may endanger any worker. R.R.O. 1990, Reg. 851, s. 35.

36. (1) Subject to subsection (2), an explosive actuated fastening tool shall,

(a) have a firing mechanism that will prevent the tool from being fired,

(i) while being loaded,

(ii) during preparation for firing, or

(b) be capable of being operated only when the muzzle end is held against a working surface with a force of at least twenty-two newtons greater than the weight of the tool;

(c) if required to be dismantled into separate parts for loading, be capable of being operated only when the separate parts are firmly locked together;

(d) be capable of being fired only after two separate and distinct actions have been carried out by the operator, with the firing movement separate from the operation of bringing the tool into the firing position;

(e) be used only when equipped with a protective guard or shield,

(i) suitable for the particular fastening operation being performed,

(ii) mounted at right angles to the barrel,

(iii) at least seventy-five millimetres in diameter, and

(iv) placed in a central position on the muzzle end of the tool except where the fastener is intended to be driven into a surface at a point within thirty-eight millimetres of another surface that is at an angle to the surface into which the fastener is intended to be driven;

(f) be capable of being operated when the guard prescribed by clause (e) is placed in the central position only when the bearing surface of the guard is tilted not more than eight degrees from the working surface;

(g) when not in use, be stored in a locked container;

(h) not be left unattended where it may be available to a person other than a worker having the qualifications set out in subclause (k) (i);

(i) whether loaded or unloaded, not be pointed directly at any person;

(j) not be loaded unless it is being prepared for immediate use;

(i) by a worker who has been instructed in the proper and safe manner of its use by the manufacturer or the manufacturer’s authorized and qualified agent,

(ii) by a worker wearing both head protection and eye protection,

(iii) after it has been inspected by the worker referred to in subclause (i) to ensure that,

(A) the tool is clean,

(B) all moving parts operate freely,

(C) the barrel is free from any obstruction,

(D) the tool is adequately equipped for the intended use, and

(E) it is not defective,

(iv) in accordance with the instructions of the manufacturer,

(v) with an explosive load of a strength adequate to perform the intended work without excessive force, and

(vi) to drive a stud or other fastener suitable for insertion in the tool; and

(l) not be used in an atmosphere containing flammable vapours, gases or dusts. R.R.O. 1990, Reg. 851, s. 36 (1).

(2) Clauses (1) (e) and (f) do not apply to an explosive actuated fastening tool if the velocity of the stud or other fastener does not exceed ninety metres per second measured at a distance of two metres from the muzzle end of the tool when propelled by the maximum commercially available explosive load that the tool is chambered to accept. R.R.O. 1990, Reg. 851, s. 36 (2).

(3) A misfired cartridge that has been removed from an explosive actuated fastening tool shall be placed in a water filled container until the cartridge may be properly disposed of after its safe removal from the industrial establishment. R.R.O. 1990, Reg. 851, s. 36 (3).

37. An explosive load for an explosive actuated fastening tool shall,

(a) be so marked or labelled that the operator can readily identify its strength;

(b) not be stored in a container where an explosive load of a different strength is stored;

(c) not be left unattended where it may be available to a person other than a worker having the qualifications set out in subclause 36 (1) (k) (i); and

(d) when not in use, be stored in a locked container. R.R.O. 1990, Reg. 851, s. 37.

38. A hand-held nailing gun or similar tool shall be,

(a) capable of being operated only when in contact with the work surface; and

(b) operated only,

(i) by a competent person, and

(ii) when the operator is wearing eye protection. R.R.O. 1990, Reg. 851, s. 38.

39. A chain saw shall,

(i) a chain that minimizes the possibility of a kickback, and

(ii) a device which will effectively stop the chain in the event of a kickback;

(b) be in safe operating condition;

(c) when being started, be held firmly;

(d) when being used, be held firmly by both hands; and

(e) have the chain stopped when not actually cutting. R.R.O. 1990, Reg. 851, s. 39.

40. Electrical equipment, insulating materials and conductors shall be,

(a) suitable for their use; and

(i) the Canadian Standards Association, or

(ii) the Electrical Safety Authority, as defined in the Electricity Act, 1998. R.R.O. 1990, Reg. 851, s. 40; O. Reg. 144/99, s. 2; O. Reg. 420/10, s. 6.

41. The entrance to a room or similar enclosure containing exposed live electrical parts shall have a conspicuous sign, warning of the danger, and forbidding entry by unauthorized persons. R.R.O. 1990, Reg. 851, s. 41.

42. (1) The power supply to electrical installations, equipment or conductors shall be disconnected, locked out of service and tagged before any work is done, and while it is being done, on or near live exposed parts of the installations, equipment or conductors. O. Reg. 630/94, s. 1.

(2) Before beginning the work, each worker shall determine if the requirements of subsection (1) have been complied with. O. Reg. 630/94, s. 1.

(3) Locking out is not required,

(a) if the conductors are adequately grounded with a visible grounding mechanism; or

(b) if the voltage is less than 300 volts and there is no locking device for the circuit breakers or fuses and procedures are in place adequate to ensure that the circuit is not inadvertently energized. O. Reg. 630/94, s. 1.

(4) If locking out is not required for the reason set out in clause (3) (b), the employer shall ensure that the procedures required by that clause are carried out. O. Reg. 630/94, s. 1.

(5) If more than one worker is involved in the work referred to in subsection (1), the worker who disconnected and locked out the power supply shall communicate the purpose and status of the disconnecting and locking out. O. Reg. 630/94, s. 1.

(6) If a tag is used as a means of communication, the tag,

(a) shall be made of non-conducting material;

(b) shall be secured to prevent its inadvertent removal;

(c) shall be placed in a conspicuous location;

(d) shall state the reason the switch is disconnected and locked out;

(e) shall show the name of the worker who disconnected and locked out the switch; and

(f) shall show the date on which the switch was disconnected and locked out. O. Reg. 630/94, s. 1.

(7) The employer shall establish and implement written procedures for compliance with this section. O. Reg. 630/94, s. 1.

42.1 (1) This section applies and section 42 does not apply if it is not practical to disconnect electrical installations, equipment or conductors from the power supply before working on, or near, live exposed parts of the installations, equipment or conductors. O. Reg. 630/94, s. 1.

(2) The worker shall use rubber gloves, mats, shields and other protective equipment and procedures adequate to ensure protection from electrical shock and burns while performing the work. O. Reg. 630/94, s. 1.

(3) If the installation, equipment or conductor is operating at a nominal voltage of 300 volts or more, a suitably equipped competent person who is able to recognize the hazards and perform rescue operations, including artificial respiration, shall be available and able to see the worker who is performing the work. O. Reg. 630/94, s. 1.

(4) Subsection (3) does not apply to equipment testing and trouble-shooting operations. O. Reg. 630/94, s. 1.

42.2 Work performed on electrical transmission systems or outdoor distribution systems rated at more than 750 volts shall be performed in accordance with the document entitled “Electrical Utility Safety Rules”, published by the Infrastructure Health and Safety Association and revised in 2019. O. Reg. 60/18, s. 3; O. Reg. 186/19, s. 3.

43. Tools and other equipment that are capable of conducting electricity and endangering the safety of any worker shall not be used in such proximity to any live electrical installation or equipment that they might make electrical contact with the live conductor. R.R.O. 1990, Reg. 851, s. 43.

44. (1) Cord-connected electrical equipment and tools shall have a casing that is adequately grounded. O. Reg. 630/94, s. 2.

(2) Subsection (1) does not apply to cord-connected electrical equipment or tools that are adequately double-insulated and whose insulated casing shows no evidence of cracks or defects. O. Reg. 630/94, s. 2.

(3) Subsection (1) does not apply to a portable electrical generator in which the electrical equipment or tools are not exposed to an external electric power source if the casing of portable electrical equipment or tools connected to the generator is bonded to a non-current-carrying part of the generator. O. Reg. 420/10, s. 7.

44.1 When used outdoors or in wet locations, portable electrical tools shall be protected by a ground fault circuit interrupter installed at the receptacle or on the circuit at the panel. O. Reg. 630/94, s. 2.

44.2 A ground fault that may pose a hazard shall be investigated and removed without delay. O. Reg. 630/94, s. 2.

45. Material, articles or things,

(a) required to be lifted, carried or moved, shall be lifted, carried or moved in such a way and with such precautions and safeguards, including protective clothing, guards or other precautions as will ensure that the lifting, carrying or moving of the material, articles or things does not endanger the safety of any worker;

(b) shall be transported, placed or stored so that the material, articles or things,

(i) will not tip, collapse or fall, and

(ii) can be removed or withdrawn without endangering the safety of any worker; and

(c) to be removed from a storage area, pile or rack, shall be removed in a manner that will not endanger the safety of any worker. R.R.O. 1990, Reg. 851, s. 45.

46. Machinery, equipment or material that may tip or fall and endanger any worker shall be secured against tipping or falling. R.R.O. 1990, Reg. 851, s. 46.

47. Cylindrical objects stored on their side shall be piled symmetrically with each unit in the bottom row chocked or wedged to prevent motion. R.R.O. 1990, Reg. 851, s. 47.

48. Barrels, drums or kegs that are piled on their ends shall have two parallel planks placed on top of each row before another row is added. R.R.O. 1990, Reg. 851, s. 48.

49. A storage cylinder for compressed gas shall,

(a) have a valve connection that prevents an inadvertent connection which would result in a hazardous mixture of gases;

(b) be secured in position during transportation, storage or use;

(c) have the valve protection cap in position when the cylinder is not in use;

(d) when containing acetylene, be in an upright position; and

(e) be protected from physical damage. R.R.O. 1990, Reg. 851, s. 49.

50. A silo, bin, hopper, structure, container or thing that is not a confined space as defined in Ontario Regulation 632/05 (Confined Spaces) made under the Act and that is used for storing or containing bulk material may be entered only where,

(a) the supply of material thereto is stopped and precautions are taken that will prevent any further supply;

(b) the worker entering is wearing a safety harness or other similar equipment attached to a rope or lifeline such that the worker shall not be endangered by any collapse or shifting of material in the silo, bin, hopper, structure, container or thing; and

(c) at least one other worker equipped with a suitable alarm and capable of rendering any necessary assistance is keeping watch nearby. R.R.O. 1990, Reg. 851, s. 50; O. Reg. 629/05, s. 3; O. Reg. 98/11, s. 1.

51. (1) A lifting device shall,

(a) be so constructed, of such strength and be equipped with suitable ropes, chains, slings and other fittings so as to adequately ensure the safety of all workers;

(b) be thoroughly examined by a competent person to determine its capability of handling the maximum load as rated,

(i) prior to being used for the first time, and

(ii) thereafter as often as necessary but not less frequently than recommended by the manufacturer and in any case, at least once a year,

and a record shall be kept, signed by the competent person doing the examination;

(c) be plainly marked with sufficient information so as to enable the operator of the device to determine the maximum rated load that the device is capable of lifting under any operating condition;

(d) have a cab, screen, canopy guard or other adequate protection for the operator where the operator may be exposed to the hazard of falling material; and

(e) when it is a pneumatic or hydraulic hoist, have controls that automatically return to their neutral position when released. R.R.O. 1990, Reg. 851, s. 51 (1); O. Reg. 420/10, s. 8 (1); O. Reg. 421/21, s. 2 (1).

(1.1) Where a record is required to be kept under clause (1) (b), it shall be kept for,

(a) a period of at least one year; or

(b) such longer period as is necessary to ensure that at least the two most recent records are kept. O. Reg. 421/21, s. 2 (2).

(2) A lifting device shall be operated,

(i) a competent person, or

(ii) a worker being instructed who is accompanied by a competent person; and

(b) in such a way that,

(i) no part of the load passes over any worker,

(ii) where a worker may be endangered by the rotation or uncontrolled motion of a load, one or more guide ropes is used to prevent rotation or other uncontrolled motion, and

(iii) subject to subsection (3), when its load is in a raised position the controls are attended by an operator. R.R.O. 1990, Reg. 851, s. 51 (2).

(3) Subclause (2) (b) (iii) does not apply to,

(a) a hydraulic hoist that supports the load from below and is fixed in one location; and

(b) an assembly line hoist temporarily unattended during a stoppage of the assembly line. R.R.O. 1990, Reg. 851, s. 51 (3).

(4) Hoisting controls operated from other than a cab or cage shall,

(a) be located so that they can be operated at a safe distance from a load being lifted; and

(b) automatically return to their neutral position when released. R.R.O. 1990, Reg. 851, s. 51 (4).

(5) Where a lifting device is equipped with one or more limit switches,

(a) each limit switch shall automatically cut off the power and apply the brake when the limit is reached; and

(b) no limit switch shall be used as an operating control unless,

(i) the limit switch is designed for such use, and

(ii) the lifting device has a second limit switch in addition to the control limit switch. O. Reg. 420/10, s. 8 (2).

52. A crane, lift truck or similar equipment shall be used to support, raise or lower a worker only when,

(a) the worker is on a platform,

(i) equipped with adequate safety devices that will automatically prevent the platform and load from falling if the platform’s normal support fails,

(ii) suspended from a boom that does not move, and the person is attached to a separate lifeline suspended from the boom or a fixed support capable of supporting at least four times the weight of the worker, or

(iii) attached to a mast or boom which,

(A) is hydraulically or pneumatically operated, and

(B) is equipped with a safety device that will prevent free fall of the platform in the event of a pressure line failure;

(b) where the equipment is not designed for the specific purpose of hoisting personnel, the load applied to the crane, lift truck or similar equipment is less than one half the maximum rated load;

(c) the platform has a sign indicating the load that may be applied to the crane, lift truck or similar equipment under clause (b);

(d) where controls are provided at more than one location,

(i) each control station is provided with means whereby the operator can shut off power to the equipment, and

(ii) interlocks have been provided so that only one station can be operative at any time; and

(e) except when the controls are operated from the platform, the controls are attended and operated by another worker. R.R.O. 1990, Reg. 851, s. 52; O. Reg. 420/10, s. 9.

53. Where a travelling crane is operated on a crane runway, there shall be,

(a) rail stops or bumpers extending at least as high as the centre of the wheels at both ends of the crane runway; and

(b) where applicable, similar rail stops at the ends of the crane bridge. R.R.O. 1990, Reg. 851, s. 53.

54. (1) Mobile equipment shall,

(a) when lighting conditions are such that its operation may be hazardous, have head lights and tail lights that provide adequate illumination;

(b) when exposed to the hazard of falling material, have a screen or canopy guard adequate to protect the operator;

(c) be used to transport a person, other than the operator, only when that worker is seated in a permanently installed seat; and

(d) subject to subsection (2), be operated only by a competent person.

(2) Clause (1) (d) does not apply to mobile equipment operated by a worker while the worker is being instructed and accompanied by a competent person. R.R.O. 1990, Reg. 851, s. 54.

55. A vehicle used to transport structural steel, logs or similar loads shall have a bulkhead between the operator’s cab and the load that is reasonably capable of resisting any impact caused by the shifting of the load under emergency stop conditions. R.R.O. 1990, Reg. 851, s. 55.

56. Where the operator of a vehicle, mobile equipment, crane or similar material handling equipment does not have a full view of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment or its load, the vehicle, mobile equipment, crane or similar material handling equipment shall only be operated as directed by a signaller who is a competent person and who is stationed,

(a) in full view of the operator;

(b) with a full view of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment and its load; and

(c) clear of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment and its load. R.R.O. 1990, Reg. 851, s. 56.

57. A vehicle left unattended shall be immobilized and secured against accidental movement. R.R.O. 1990, Reg. 851, s. 57.

58. Powered equipment shall not be left unattended unless forks, buckets, blades and similar parts are in the lowered position or solidly supported. R.R.O. 1990, Reg. 851, s. 58.

59. Except for the purpose of a test of the material handling equipment, no material handling equipment shall be loaded in excess of its maximum rated load. R.R.O. 1990, Reg. 851, s. 59.

60. (1) Except as prescribed by section 42.2, where a vehicle, crane or similar equipment is operated near a live power line carrying electricity at more than 750 volts, every part of the equipment shall be kept at least the minimum distance from the live power line set out in Column 2 of the Table for the particular voltage set out opposite thereto in Column 1 of the Table:

Minimum distance from live power lines for electricity

Voltage of live power line