Canadian Federal Occupational Health & Safety Skills CheckEach section of the Regulations is sorted into topics called Parts. These are further broken down intoDivisions, Paragraphs and Subsections. By referencing particular, Paragraphs and Sub-Sections, it iseasy to identify the correct legislation that pertains to a specific topic. You can reference Parts andDivisions as well, but this would not necessarily be required.In the following exercise, please find the appropriate legislative requirement, for each question.For example:Q. Where would you find a definition of “Materials Handling Equipment”?A. Section 14.1 1. Which section refers to the need for a seat belt to be installed, if it will contribute to the safety of the operator? X 2. Which section refers to the requirements for a lift truck to carry a fire extinguisher, when operating inside a building? X 3. Which section refers to the use of a horn, or other warning device, when a lift truck operates in reverse, where other people may be present? X 4. Which section refers to untrained operators, using powered mobile equipment? X 5. Which section requires the powered mobile equipment to be stopped, before it is loaded or unloaded? X
Skills Check AnswersCanadian Federal Occupational Health & Safety Legislation1. 14.72. Fire extinguishers are not required if the lift truck is used exclusively in a building that has extinguishers as per Section XVII; 14.12 (3)3. 14.16 (1)(b)4. Untrained operators may use the equipment for the purposes of training, provided they are under the direct supervision of a qualified person; 14.23 (2)5. 14.31
The Criminal Code of CanadaSection 217.1OverviewThe “Westray Bill” (Bill C-45, 2003) was federal legislation that amended the Canadian Criminal Codeand became law on March 31, 2004. The Bill established new legal duties for workplace health andsafety, and imposed serious penalties for violations that result in injuries or death. The Bill providednew rules for attributing criminal liability to organizations, including corporations, their representativesand those who direct the work of others.New Sections of the Criminal Code \"217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.\" The amendment also added Sections 22.1 and 22.2 to the Criminal Code imposing criminal liability on organizations and its representatives for negligence (22.1) and other offences (22.2).These provisions of the Criminal Code affect all organizations and individuals who direct the work ofothers, anywhere in Canada. These organizations include federal, provincial and municipalgovernments, corporations, private companies, charities and non-governmental organizations.Enforcement of the Criminal Code & OH&S LegislationPolice and crown attorneys enforce the Criminal Code. The police and crown are responsible forinvestigating serious accidents and will determine whether any charges should be laid under theCanadian Criminal Code. The Criminal Code is a very different set of rules, and should not be confusedwith \"regular\" occupational health and safety laws (OH&S) and how they are enforced. The CriminalCode does not intrude upon, or override, other existing federal, provincial or territorial occupationalhealth and safety statutes and regulations.
Across Canada each Province or Territory - as well as the Federal Government - is responsible forenforcing their own occupational health and safety laws.Each jurisdiction employs inspectors who visit workplaces to ensure companies are complying withtheir OH&S rules. In the unfortunate event of a serious accident, these inspectors conduct aninvestigation and determine if a charge should be laid under the appropriate section(s) of the OH&S actor regulation. An accused individual, or company, may need to appear in court. Fines or other penaltiescould be imposed in the event of a conviction. The police are not normally involved in this process.In the event of an accident, a company can be charged under both the provincial OH&S act and theCriminal Code at the same time. It is common practice for both police and health and safety inspectorsto both investigate a serious workplace accident. In most cases, the police and provincial authoritieswould work together to decide which charges should be laid. While it is unlikely that two sets ofcharges would be laid, technically speaking, charges can be laid under both the criminal code by thepolice and the Occupational Health and Safety Act or regulations by provincial authorities. In the eventof a conviction; the courts are required to look at any penalties imposed by other jurisdictions indetermining a sentence.Types of Offences \"the criminal law must be reserved for the most serious offences, those that involve grave moral faults... the Government does not intend to use the Federal criminal law to supplant or interfere with the Provincial regulatory role in workplace health and safety\"Ensuring a Safe Workplace and Limiting LiabilityEmployers can limit their liability and reduce the chances of being charged under the provisions of theCriminal Code by implementing an effective workplace health and safety program.You will want to know: what your legal obligations are, under occupational health and safety laws and standards what hazards exist in your workplace how to effectively reduce or eliminate hazardsEmployees must: be made aware of the company's health and safety program be informed of any risks receive appropriate training and protective equipment
Due DiligenceOverviewDue diligence is the level of judgement, care, prudence, determination, and activity that a personwould reasonably be expected to do under particular circumstances.Applied to occupational health and safety, due diligence means that employers shall take allreasonable precautions, under the particular circumstances, to prevent injuries or accidents in theworkplace.This duty also applies to situations that are not addressed elsewhere in the occupational health andsafety legislation. Reasonable precautions are also referred to as reasonable care. It refers to the care,caution, or action a reasonable person is expected to take, under similar circumstances.Another term used is: employers must do what is \"reasonably practicable\". Reasonably practicable hasbeen described by the Labour Program (Canada) as taking precautions that are not only possible, butthat are also suitable or rational, given the particular situation. Determining what should be done isusually done on a case by case basis.To exercise due diligence, an employer must implement a plan to identify possible workplace hazardsand carry out the appropriate corrective action to prevent accidents or injuries arising from thesehazards.\"Due diligence\" is important as a legal defense, for a person charged under occupational health andsafety legislation. If charged, a defendant may be found not guilty if he or she can prove that duediligence was exercised. In other words, the defendant must be able to prove that all precautions,reasonable under the circumstances, were taken to protect the health and safety of workers.Due diligence is demonstrated by your actions before an event occurs, not after.
Establishing Due DiligenceThe conditions for establishing due diligence include several criteria: The employer must have written OH&S policies, practices, and procedures. These policies, etc. would demonstrate and document that the employer carried out workplace safety audits, identified hazardous practices and hazardous conditions and made necessary changes to correct these conditions, and provided employees with information to enable them to work safely. The employer must provide the appropriate training and education to the employees so that they understand and carry out their work according to the established polices, practices, and procedures. The employer must train supervisors to ensure they are competent persons, as defined in legislation. Employers must ensure that managers and supervisors: o talk to new employees about safety during orientation training o meet regularly with staff to discuss health and safety matters o inspect areas of the workplace under their responsibility, and respond promptly to unsafe conditions and activities o pay attention to routine and non-routine activities, ensuring that employees understand the hazards and the preventative measures to be followed The employer must monitor the workplace and ensure that employees are following the policies, practices and procedures. Written documentation of progressive disciplining for breaches of safety rules is considered due diligence. There are obviously many requirements for the employer but workers also have responsibilities. They have a duty to take reasonable care to ensure the safety of themselves and their coworkers - this includes following safe work practices and complying with regulations. The employer should have an accident / incident investigation and reporting system in place. Employees should be encouraged to report \"near misses\" and these should be investigated also. Incorporating information from these investigations into revised, improved policies, practices and procedures will also establish the employer is practicing due diligence. The employer should document, in writing, all of the above steps: this documentation will give the employer a history of how the company's occupational health and safety program has progressed over time. It will also provide up-to-date documentation that can be used as a defense to charges in case an accident occurs despite an employer's due diligence efforts. Employers must also ensure that all people who are at the workplace are included, such as contractors, visitors, students / interns and volunteers.All of the elements of a \"due diligence program\" must be in effect before any accident or injury occurs.If employers have questions about due diligence, they should seek legal advice for their jurisdiction toensure that all appropriate due diligence requirements are in place.
Documentation Needed to Show Due DiligenceWritten documentation is essential. Records, reports and documentation can include: Worker orientation, education, and training. Workplace inspections, including corrective actions taken. Accident / incident reports, including corrective actions taken. Supervisor notes (e.g., supervisor inspections, meetings with workers or contractors regarding safety, etc.). Health and safety committee meeting minutes. Equipment log books and maintenance records. Emergency response drills and exercises. Instructions or safe work procedures, including any changes. Forms and checklists used when following safe work procedures (e.g. inspection forms). Sampling and monitoring records from exposure testing. Statistics about the frequency and severity of injuries, etc. Enforcement of health and safety rules and procedures.
Canadian StandardsThe CSA Group (formally the Canadian Standards Association) is a non-governmental organisation thatis dedicated to the creation of, “… a better, safer, more sustainable world…”This is achieved by the development of standards, technical research and training. Standards aredeveloped by groups, primarily consisting of industry professionals and experts. Standards arecontinually being upgraded to keep pace with changes in industry and technology. Standards affectcertain work practices and how equipment is used.CSA Standards are often directly referred to by both Federal and Provincial legislation. There are anumber of Standards that will impact how training sessions would be conducted. Trainers should beaware of any changes to Standards that may affect them directly, or indirectly.Copies of CSA Standards may be reviewed and purchased directly from their own web site. Please visitwww.csagroup.org for a full list of Standards.In each Standard, you may see references to other organisations. In particular, ASME (American Societyof Mechanical Engineers) and ANSI (American National Standards Institute) are often referenced.Where these (or other organisations) are referenced, the Standard will state the relevant publicationto refer to. The CSA Standard doesn’t need to re-visit a topic that has been adequately covered byanother organisation.Example: Lift trucks that operate in hazardous atmospheres or locations, would need to comply with the relevant ANSI regulation (or that of the authority having jurisdiction – this could be covered by your Province’s own OH&S legislation).Each CSA Standard is sorted in a similar fashion, to Federal and Provincial legislation - Clauses,Paragraphs and Subsections. By referencing particular Paragraphs and Sub-Sections, it is easy toidentify the requirements for a specific topic.
CSA B335-15 Safety Standard for Lift Trucks4 General Requirements4.5.5.2 Traffic ManagementAll efforts shall be made to keep pedestrians separate from powered lift truck traffic. Strategies should include(a) a workplace traffic assessment to determine routes for lift trucks and pedestrians;(b) barriers to separate pedestrians and lift trucks at congested areas;(c) designated routes for pedestrians that avoid lift truck traffic;(d) clear traffic rules for lift trucks, including but not limited to controlling speed, installing mirrors at intersections,requiring lift trucks to stop at intersections or potentially dangerous areas before proceeding, hand or horn signals, andbackup warning devices, where appropriate; and(e) clear traffic rules for all pedestrians, which can include the following: (i) permitting walking only in aisles designated for pedestrians, or similar travel requirements; (ii) establishing right-of-way at intersections; and (iii) providing training for pedestrians who walk in and around lift trucks so that they understand the dynamics of the truck and the pertinent safety rules.4.5.6 Aisles and Obstructions4.5.6.1Permanent aisles, roadways or passageways, floors, and ramps shall be defined or marked to conform with ANSI Z535.1 orthe requirements of the authority having jurisdiction.4.5.6.2Permanent or temporary protrusions of loads, equipment, material, and construction facilities into the usual operating areashall be guarded, clearly and distinctively marked, or clearly visible.4.10 Lift Truck Operator Medical and Physical Requirements4.10.1The user should inform the potential lift truck operator of the necessary medical and physical requirements of the jobassignment as well as the operator evaluation criteria. (See Clause 6 for operator evaluation criteria.)Where an operator has an impairment that could affect the safe operation of the lift truck, a case by case assessment shallbe conducted. The user may require medical assistance or other expert advice as part of the assessment. The scope ofmedical advice should be confined to whether or not the lift truck operator is fit for the assignment. If it is determined thatthe operator is unfit for the job assignment, the user shall pursue ways to accommodate the operator.4.10.2Lift truck operators shall not operate the lift truck while taking medications that could adversely affect vision, perception, orany mental or physical abilities necessary for the safe operation of the lift truck.Medications that enable the lift truck operator to meet the medical and physical requirements for the safe operation of thelift truck shall be taken as prescribed.4.10.3The following are some medical and physical guidelines that may be considered in setting requirements:(a) Vision: (i) visual acuity to view all signs, instructions, and labels, necessary for the specific job; (ii) ability to differentiate between colours, if essential for the specific job; (iii) peripheral vision, as necessary for the specific job; (iv) good judgement of space, including depth, height, and distance; and (v) if required, use of corrective lenses while operating the lift truck.
(b) Hearing: (i) ability to hear all warning signals within the workplace, as necessary for the specific job; and (ii) if required, use of hearing aids while operating the lift truck.(c) Physical: (i) absence of physical impairments, neurological disorders, or other health disorders that can affect the safe operation of the lift truck; and (ii) sufficient strength, endurance, agility, and coordination to meet the demands of the job, which can include movement of the neck, upper and lower limbs, and trunk.6 Operator Training Requirements6.1 General6.1.1Clause 6 specifies the knowledge, practical, and evaluation requirements of a lift truck training program. Subjects in thisClause specify content requirements as well as a suggested method of instruction and evaluation.Notes:1) Operator training should be part of a larger comprehensive lift truck safety program that includes ongoing a) identification and prompt correction of hazardous situations; and b) monitoring and supervision to ensure that lift trucks are operated in a safe manner.2) The subjects addressed in Clause 6 on operator training correspond to operational and procedural criteria in Clause 4.6.1.2Immediately following each of the subject headings is a delivery key:Each key is marked with an X in the appropriate box(es) to identify the method of instruction and evaluation required forthat section.□ Theory □ Hands-on □ Knowledge verification □ Practical evaluation a) Theory involves instruction-led information utilizing various methods of delivery, including, but not limited to, group discussions, individual exercises, interactive lectures, videos, slides, overheads, utilizing props (models), case studies, brainstorming, discussion groups, and workshops. b) Hands-on involves the trainee (under the direct supervision of a trainer) using his/her physical ability to practice the operation of lift trucks. c) Knowledge verification involves evaluation to confirm the level of comprehension with regard to the theoretical information conveyed. Evaluation methods include, but are not limited to, written, oral, or pictorial (visual) testing, or any combination thereof. d) Practical evaluation involves trainee's demonstrating their proficiency in the operation of lift trucks and being measured against predetermined criteria.6.1.3The trainee shall be instructed on the safe operational procedures of a lift truck in accordance with the manufacturer'soperator manual, the user's operating guidelines, and government regulations. Instruction shall be given on the following: a) legislation and regulations applicable to the operation of lift trucks; b) company policies and procedures; c) operating manual; d) lift truck features and safety equipment; e) stability; f) capacity plate and location; g) preoperational inspection;
h) start-up; i) travelling, with and without a load; j) pedestrians; k) load handling; l) ramps and grades; m) personnel lifting, lowering, and supporting; n) elevators; o) workplace-specific hazards; p) procedures for shutdown/leaving the operator's position; and q) refuelling/recharging.6.1.4This list should be expanded or abbreviated by the instructor in accordance with the requirements of the specific lift truckand job for which the training is given.6.1.5It is recognized that people learn at different rates. Training sessions need to be of sufficient duration to ensure that therequisite information is adequately presented and understood. The information as required by Clause 6 must be conveyedto the trainee. The form in which this information is to be delivered can be left to the discretion of the instructor. Allinstructor-led training shall be conducted by a person qualified in accordance with Clause 7. Annex E contains informationregarding suggested training times.6.1.6The trainee shall be evaluated throughout the learning process to determine whether the objectives of the training courseare being met.6.2 Legislation☒ Theory □ Hands-on ☒ Knowledge verification □ Practical evaluationThe trainee shall be instructed on a) the employers', supervisors', and workers' duties, rights, and penalties under the applicable occupational health and safety legislation; and b) the legislation and regulations (local, provincial, territorial, and federal) specific to the particular industry and workplace.6.3 Company Policies and Procedures☒ Theory □ Hands-on ☒ Knowledge verification □ Practical evaluationThe trainee shall be instructed on a) the user's site specific policies and procedures; b) emergency procedures; and c) site-specific operating conditions and restrictions.6.4 Operating Manual☒ Theory ☒ Hands-on ☒ Knowledge verification ☒ Practical evaluationThe trainee shall be instructed on a) where to access the operating manual as outlined by the user; b) information contained in the operating manuals for those lift trucks and attachments being trained on and used; and c) operating procedures in the event that the operating manual is unavailable.
6.5 Lift Truck Features and Safety Equipment☒ Theory ☒ Hands-on ☒ Knowledge verification ☒ Practical evaluationThe trainee shall be instructed on a) lift truck classifications and their applications/limitations; b) types and designations and their applications/limitations (including trucks designed to operate in hazardous locations – see Clause 4.5.1); c) types of attachments and their applications/limitations; d) the main components and controls, and their functions; e) operator blind spots associated with the design of the lift truck (components, permanent equipment, attachments, etc.); f) instrumentation; and g) features and equipment for enhancing the safe operation of a lift truck and the limitations of their application. This includes, but is not limited to, (i) visual warning systems (e.g., lights, rotating warning lights, and flashers); (ii) operator restraint systems; (iii) mirrors; (iv) fire extinguishers; (v) audible warning systems (e.g., backup alarms, buzzers, and horns); (vi) safety decals and markings; (vii) the load backrest and load backrest extension; and (viii) the overhead guard.6.6 Stability☒ Theory □ Hands-on ☒ Knowledge verification □ Practical evaluationThe trainee shall be instructed on all the factors affecting the stability of the lift truck. These factors shall include a) counterbalance principles; b) the lift truck stability triangle and trapezoid; c) the centre of gravity of the lift truck; d) the centre of gravity of the load; e) the combined centre of gravity; f) the load centre; g) longitudinal and lateral stability; and h) the effects of speed, acceleration, braking, raising or lowering loads while travelling, sharp cornering, height, attachments, grade/ramps, and loads.6.7 Capacity Plate and Location☒ Theory □ Hands-on ☒ Knowledge verification □ Practical evaluationThe trainee shall be instructed on the location, format, and information indicated on the capacity plate, including, but notlimited to, a) the capacity rating at a given load centre; b) the type/designation; c) the maximum lifting height of forks/attachments; d) the attachment type; e) the truck mass (weight); f) the minimum/maximum battery mass (weight); and g) additional capacity plates indicating additions or changes to the equipment (if applicable).
The lift truck shall only be operated if the load is within the rated capacity. No attempt shall be made to increase thecapacity of the truck without approval from the manufacturer.6.8 Preoperational Inspection☒ Theory ☒ Hands-on ☒ Knowledge verification ☒ Practical evaluationThe trainee shall be instructed, and given hands-on training and practical evaluation, on a) how to conduct a visual and operational inspection of the lift truck and its attachments by following a checklist; b) when, what, and how to wear required personal protective equipment during the inspection; c) how to recognize, record, and report items requiring replacement or repair; d) the approved method for immediate removal from service of a lift truck that is unsafe; and e) if an inspection form is used, the process for keeping forms on file. f) The checklist shall be used in accordance with the manufacturer's operating manual. Examples of inspection checklists are provided in Annex A.6.9 Start-Up☒ Theory ☒ Hands-on ☒ Knowledge verification ☒ Practical evaluationThe trainee shall be instructed on a) assuming the appropriate driving position using the mounting procedure applicable to the class of lift truck to be used (e.g., maintain three-point contact; avoid stepping on the deadman pedal first when mounting); b) engaging the operator restraint system (where required by Clause 4.9.2.3); c) placing the directional controls in neutral and applying the parking brake; d) disengaging the clutch on trucks equipped with manual transmission; e) starting the engine or turning the switch of the electric truck to the ON position; and f) monitoring the gauges/instrumentation.6.10 Travelling With and Without a Load☒ Theory ☒ Hands-on ☒ Knowledge verification ☒ Practical evaluationThe trainee shall be instructed on a) starting and stopping, with and without a load; b) braking methods and characteristics, with and without a load; c) procedures to be followed at aisle intersections and blind corners; d) establishing eye contact with pedestrians; e) procedures to be followed when travelling over railway tracks; f) rear wheel steering techniques (including manoeuvring in areas of limited space); g) keeping all parts of the body within the operator's compartment; h) not allowing riders unless a safe place to ride has been provided by the manufacturer; i) ensuring visibility is clear in the direction of travel and, in the event of restricted visibility, driving in reverse or with the aid of a signaller (see Clause 6.13 for specific ramp applications); j) keeping the load-engaging means or the load itself low (usually within 10 to 15 cm of the floor, depending on the condition of the surface) and tilted backward (when carrying a load, the load is tilted back only enough to support the load); k) maintaining a safe operating distance from other lifting devices, pedestrians, elevated surfaces, ramp edges, and machinery; l) adjusting the operating speed to maintain vehicle control applicable to the type of device, load, pedestrian traffic, obstructions, and driving environment, including slippery surfaces; m) observing the weight restrictions of operating surfaces;
n) traffic controls applicable to a specific work location (e.g., driving on the right side when approaching oncoming traffic); and o) the procedure to follow in the event of a tip-over, as applicable to a particular truck model.6.11 Safe Operation Around Pedestrians☒ Theory □ Hands-on ☒ Knowledge verification □ Practical evaluationThe trainee shall be instructed on a) operating the vehicle with caution when approaching pedestrian areas; b) ensuring no person stands or passes under the elevated forks/attachments whether the truck is empty or loaded; c) ensuring areas are clear of pedestrian traffic while stacking and destacking procedures are being performed; d) the importance of looking in the direction of travel before allowing the lift truck to move; and e) all workplace policies and procedures with regard to pedestrians.Note: The instructor can also make reference to other sections dealing with pedestrian-related items, such as Clause 4.9.4.6.12 Load Handling☒ Theory ☒ Hands-on ☒ Knowledge verification ☒ Practical evaluation6.12.1 Load Selection, Security, and IntegrityThe trainee shall be instructed on a) adjusting the forks arm spread and/or attachments appropriately to maintain stability as well as the measures to avoid injury when attaching or detaching forks from the mast or fork carrier; b) assessing the type and weight distribution of the load (e.g., extra long, high, wide, off-centre, or liquid loads); c) ensuring that the load, including forks and attachments, is within the rated capacity; d) securing, manipulating, and positioning loads prior to lifting (e.g., forks engaging at least two-thirds of the load length to be lifted); e) checking and removing loose articles on the load; f) specific procedures for the attachment being used; and g) ensuring pallets and/or containers are in safe condition, for example, no broken runners or legs.6.12.2 Load Pickup and PlacementThe trainee shall be instructed on a) load-handling techniques, including (i) positioning, including squaring lift truck to the load; (ii) lifting and lowering the load; and (iii) placement of the load; b) adjusting the tilting angle of the mast, noting the impact of high or multi-stacked loads; c) procedures associated with reach capabilities; and d) inserting or withdrawing forks from a load (e.g., clearance, fork height, tilt angle).6.12.3 Stacking/DestackingThe trainee shall be instructed on a) stacking/destacking techniques (i.e., sequencing); b) freestanding stack height limitations that maintain stability and avoid crushing lower levels; c) keeping the truck stationary and levelled when lifting or lowering loads; d) the hazards of falling objects and the limitations of overhead guard; e) placing the load on a surface or structure capable of supporting the load; f) minimize impact loads on the pallet rack; g) ensure the weight of loads placed in the racks do not exceed the load capacity of the rack structure;
16.27 Shear hazardsMobile equipment with moving parts close to the operator's compartment must be effectively guarded so that (a) the controls inside the compartment cannot be operated from outside the compartment, unless there is no hazard, and (b) no part of any person in the operating position inside the compartment can project into the hazard area created by the moving part.16.28 Guarding moving partsExposed moving parts on mobile equipment which are a hazard to the operator or to other workers must be guardedaccording to a standard acceptable to the Board, and if a part must be exposed for proper function it must be guarded asmuch as is practicable consistent with the intended function of the component.16.29 Operator's seat(1) A safely located and securely mounted seat must be provided for the operator of mobile equipment unless theequipment is designed to be controlled by an operator in the standing position.(2) The operator's seat must be of a design that allows the operator to safely operate the equipment with due regard forthe type and intended use of the equipment, reach distances to controls and duration of use.(3) Seating for equipment operated on rough terrain must provide adequate lateral restraint.16.30 Restricted accessOnly authorized persons may be on mobile equipment while the equipment is in motion.16.31 Rider restriction(1) The operator of mobile equipment is the only worker permitted to ride the equipment unless the equipment is a workertransportation vehicle meeting the requirements of Part 17 (Transportation of Workers), or as contemplated by subsection(2), subsections (3.1) and (3.2) or subsection (4).(2) A worker who must ride on mobile equipment to carry out a job task may ride non-ROPS equipped mobile equipment on (a) an appropriate seat, or (b) other safe facilities provided by the equipment manufacturer or designed by a professional engineer, which include (i) a footboard or platform upon which the worker stands or sits, located to protect the worker from contact with roadside objects or other vehicles, (ii) hand-holds, and (iii) a safety belt, harness, guardrail or other effective means of restraint, except where the worker is a swamper riding on the back of a garbage truck during short pickup runs at speeds of less than 20 km/h.(3) Rear mounted footboards or platforms must not be occupied if the mobile equipment is backing up.(3.1) A worker who is occupying a rear mounted platform on non-ROPS equipped mobile equipment as part of a method ofretrieving traffic cones from a closed lane of a multilane roadway is not prohibited under subsection (3) of this section orunder section 18.3 from occupying the platform when the mobile equipment is backing up if all of the following conditionsare met: (a) the mobile equipment is backing up in the closed lane; (b) the employer has (i) identified the hazards to the workers at the workplace, and (ii) taken measures (a) to eliminate the hazards, or (b) if it is not practicable to eliminate an identified hazard, to minimize the risk to workers from the hazard to the lowest level practicable; (c) a written safe work procedure that (i) relates to that method of retrieving traffic cones, and
(ii) includes a description of the measures referred to in paragraph (b) has been established by the employer and is being followed; (d) the mobile equipment is not exceeding a speed of 15 km per hour; (e) the mobile equipment has the following operating devices: (i) two or more 360 degree flashing yellow lights; (ii) a flashing arrow board pointing toward the open lane adjacent to the closed lane; (f) the mobile equipment has an audio warning device that (i) makes a distinct sound that is audible, above the ambient noise level in the workplace, to both the driver of the mobile equipment and the worker, and (ii) operates automatically and at all times while the mobile equipment is backing up; (g) there is an effective 2-way voice communication system between the driver of the mobile equipment and the worker while the worker is on the platform; (h) one of the following requirements is met: (i) behind the rear of the mobile equipment, barricades are placed across the closed lane or flexible drums are placed in the centre of the closed lane, in accordance with the following: (A) the barricade or flexible drum closest to the mobile equipment is at all times located not more than 250 m from the rear of the mobile equipment; (B) the barricades or flexible drums are located along the length and to the end of the closed lane at intervals of not greater than 250 m; (ii) directly behind and at a safe distance from the rear of the mobile equipment, in the closed lane, there is a buffer vehicle that meets the following requirements: (A) the buffer vehicle is at all times located not more than 100 m from the rear of the mobile equipment; (B) the buffer vehicle has two or more 360 degree flashing yellow lights and the lights are operating; (C) the buffer vehicle has a flashing arrow board pointing toward the open lane adjacent to the closed lane and the flashing arrow board is operating; (D) there is an effective 3-way voice communication system among the driver of the buffer vehicle, the driver of the mobile equipment and the worker while the worker is on the platform; (i) the worker is riding on safe facilities that meet the requirements of subsection (2) (b); (j) the maximum load capacity established for the platform by the manufacturer or by the professional engineer who designed the platform is clearly marked on the platform and is not being exceeded.(3.2) Unless otherwise provided in subsection (3.1), the equipment, arrangements and procedures referred to in thatsubsection must meet all applicable requirements in respect of equipment, arrangements and procedures that are set outfor traffic control under Part 18.(4) A worker other than the operator may only ride on mobile equipment with a ROPS for the purpose of training ormaintenance, and only then if the equipment is operated in an area with no significant hazard of rollover.16.32 Provision(1) Mobile equipment with ROPS and side boom tractors must have seat belts which meet the requirements of Society ofAutomotive Engineers (SAE) Standard J386 JUN93, Operator Restraint System for Off-Road Work Machines.(2) Seat belts must be maintained in good condition.16.33 Use(1) If mobile equipment has seat belts required by any law in British Columbia, the operator and passengers must use thebelts whenever the equipment is in motion, or engaged in an operation which could cause the equipment to becomeunstable.(2) The use of a seat belt is not required for
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