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Falls are the leading cause of injuries in construction. While most people may think that falls refer to falls from heights, falls on the same level (due to slips and trips), in open holes, in water or from a vehicle are just as common and just as dangerous. All hazards or situations that could lead to falls must be assessed. As in all cases of hazard prevention, fall protection must start by considering ways to eliminate or reduce the hazard of falling. For example, the installation of guardrails or the use of travel restraint systems may reduce the risk of falling from heights, while good housekeeping can reduce falls on the same level.

The following is a summary of the Saskatchewan legislative requirements for fall protection.

As an employer or contractor in construction, you are responsible for developing and implementing in the workplace a health and safety management system. An important part of the management system is the identification of existing or potential hazards. As an employer, you are responsible for conducting a hazard assessment, identifying the fall hazards in your workplace, and implementing measures and safe work procedures that eliminate, reduce, or control the identified risks.

Where the worker is not protected by a guardrail or similar barrier, and there is a risk of a worker falling three meters or more, an employer must develop a written fall protection plan, must make the plan available at the work site before the work starts, and must train the worker on the content of the plan and the safe use of the fall protection system before the worker starts working. 

As an employer or contractor you must also:

  • Make sure that a worker at a permanent work area is protected by guardrails if he/she may fall vertically more than 1.2 meters but less than three meters;
  • Make sure that clearly marked control zones are used only when a worker may fall from a level surface to a work area. While working within the control zone, the worker is protected by a travel restraint system or other means as effective as the travel restraint system;
  • Provide the workers, at no cost, with the adequate fall protection equipment;
  • Make sure that workers use a fall protection system at a temporary or permanent work area when they may fall three metres or more, or when there is a risk of injury when falling from less than three metres;
  • Make sure that personal fall arrest protection is used by workers who:
    • Work on a work platform which is part of a slip form used in a building shaft,
    • Work on suspended powered scaffolds,
    • Work on aerial devices and elevating work platforms,
    • Work from a work platform mounted on a forklift,
    • Are lifted by personnel lifting units raised by cranes and hoists,
    • Climb fixed ladders more than 6 metres high , or
    • Access a hazardous confined space from the top.
  • Make sure that all parts of the personal fall arrest systems provided to workers are approved, meet the specified requirements, and are maintained in good condition; , and
  • Make sure that anchor points or anchor plates are part of the personal fall arrest system or travel restraint system and meet the regulatory requirements;
  • Make sure that the full-body harness fits well the worker;
  • Make sure that the workers required to use a full-body harness are trained in the safe use, care, maintenance, and limitations of the harness , inspect their personal fall protection system before each use, and notify the employer of any defects that they may have noticed;
  • Make sure that a competent person inspects the fall protection system as recommended by the manufacturer after a component of the system has sustained a fall-arresting incident;
  • Make sure that the defective components of the fall protection system are removed from use, , and defects are repaired or the unsafe condition is corrected;
  • Make sure that all openings in floors, roofs, storage tanks or other surfaces into which a worker could step or fall are either covered and signalled, or are surrounded by guardrails with toe boards. When covers, guardrails or toe boards are removed, alternative means of protections are provided; and
  • Make sure that the material chute that presents a danger to workers is installed with a guardrail around the top of the chute;
  • Install a cover or barrier for the top of every ore pass, manway or other opening into which a worker could step or fall;
  • Equip a dredge used at a mine with adequate guard rails;
  • Provide a collar, fence, or a guard at the surface of every shaft or raise opening; and
  • Make sure that workers transported on open vehicles or powered mobile equipment are restrained and secured against falling from the vehicle; and
  • Make sure that where workers are working on or near water, without any guardrail protection, they are provided with a life-jacket, a full-body harness and lifeline, or are protected from drowning by a safety net.

As a worker you must:

  • Follow the safe work practices and procedures that comply with the regulatory requirements;
  • Use the personal protective equipment provided by your employer, and maintain the equipment in good condition; and
  • Immediately report unsafe conditions of the equipment to your employer and repair the equipment if you are authorized and competent to do so;
  • Inspect each component of your personal fall arrest system before each use;
  • Report any defects which you may notice and return the equipment to your employer;
  • Verify that the full-body harness fits well, and ensure that, when you are using it, the harness is attached through a connecting system to a lifeline or a fixed anchor; and
  • Ensure that the lifeline or lanyard is protected during use from sharp edges, heat, flame or corrosive substances.

SASKATCHEWAN EMPLOYMENT ACT
S.S. 2013, c. S-15.1

Part III OCCUPATIONAL HEALTH AND SAFETY

Section 3-20 Duty to provide occupational health and safety programs

3-20. (1) An employer at a prescribed place of employment shall establish and maintain an occupational health and safety program or a prescribed part of an occupational health and safety program in accordance with the regulations made pursuant to this Part.

(2) An occupational health and safety program at a prescribed place of employment must be established and designed in consultation with:

(a) the occupational health committee;

(b) the occupational health and safety representative; or

(c) the workers, if there is no occupational health committee and no occupational health and safety representative.

(3) An occupational health and safety program must include all prescribed documents, information and matters.

(4) An occupational health and safety program at a prescribed place of employment must be in writing and must be made available, on request, to the occupational health committee, the occupational health and safety representative, the workers or an occupational health officer.

(5) If the work at a place of employment is carried on pursuant to contracts between a contractor and two or more employers, the contractor shall coordinate the occupational health and safety programs of all employers at the place of employment.

(6) The director of occupational health and safety may order an employer to develop an occupational health and safety program for a place of employment if the director considers it to be in the interests of the health, safety and welfare of the employer’s workers based on the criteria set out in subsection (8).

(7) An order issued pursuant to subsection (6) must be in writing.

(8) In making an order pursuant to subsection (6), the director of occupational health and safety shall consider the following criteria:

(a) the frequency of occupationally related injuries and illnesses at the place of employment;

(b) the number and nature of the notices of contravention relating to the place of employment and the history of compliance with those orders and with compliance undertakings;

(c) any additional criteria that the director considers appropriate to protect the health, safety and welfare of workers.

Occupational Health and Safety Regulations, 1996
S.S., c. O-1.1, Reg 1

Part I Preliminary Matters

Section 2 Interpretation

2. (1) In these regulations and in all other regulations made pursuant to the Act:

(a) "Act" means The Occupational Health and Safety Act, 1993 ;

(b) "air-purifying respirator" means a respirator that removes airborne contaminants from the air inhaled by a worker;

(c) "approved" means:

(i) approved by an agency acceptable to the director for use under the conditions prescribed by the agency; or

(ii) approved conditionally or otherwise by a certificate of the director;

(d) "atmosphere-supplying respirator" means a respirator that delivers clean breathing air to a worker from a compressor or a cylinder, an SCBA, whether closed or open circuit, or a combination of SCBA and supplied air;

(e) "borehole" means a mechanically drilled hole in the ground;

(f) "building shaft" means a continuous vertical space substantially enclosed on all sides that extends for two or more floors, and includes an elevator shaft, a ventilation shaft, a stairwell and a service shaft;

(g) "class A qualification" means a certificate or certificates that:

(i) are issued by an agency, as defined in section 50, with respect to the successful completion of a first aid training course and a cardiopulmonary resuscitation training course that meet the minimum requirements for course duration and content set out in Table 1 of the Appendix; and

(ii) qualify the holder to perform the services set out in Table 2 of the Appendix;

(h) "class B qualification" means a certificate or certificates that:

(i) are issued by an agency, as defined in section 50, with respect to the successful completion of a first aid training course and a cardiopulmonary resuscitation training course that meet the minimum requirements for course duration and content set out in Table 3 of the Appendix; and

(ii) qualify the holder to perform the services set out in Table 4 of the Appendix;

(i) "Class C fire" means a fire involving energized electrical equipment;

(j) "co-chairpersons" means, with respect to a committee, the employer or contractor co-chairperson appointed pursuant to clause 43(1)(b) and the worker co-chairperson elected pursuant to clause 43(1)(a);

(k) "committee" means an occupational health committee;

(l) "competent" means possessing knowledge, experience and training to perform a specific duty;

(m) "competent worker", with respect to a particular task or duty, includes a worker who is being trained to perform that task or carry out that duty and who is under close and competent supervision during that training;

(n) "connecting linkage" means a lanyard, safety hook, cable or connector inserted between a personal fall arrest system and the D-ring on a worker's full-body harness;

(o) "construction" means the erection, alteration, renovation, repair, dismantling, demolition, structural maintenance and painting of a structure, and includes:

(i) land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting and concreting; and

(ii) the installation of any plant;

(p) "controlled product" means a controlled product within the meaning of the Hazardous Products Act (Canada);

(q) "dBA" means the sound pressure level in decibels measured on the A scale of a sound level meter;

(r) "dBA Lex" means the level of a worker's total exposure to noise, in dBA, averaged over an entire workday and adjusted to an equivalent eight-hour exposure;

(s) "designated signaller" means a worker designated pursuant to clause 132(1)(a) to give signals;

(t) "emergency medical technician" means a person who is licensed as an emergency medical technician, emergency medical technician-advanced or emergency medical technician-paramedic pursuant to The Ambulance Act;

(u) "escape respirator" means an atmosphere-supplying respirator or an air-purifying respirator that is designed to be used by a worker for escape purposes only;

(v) "excavated shaft" means a dug-out passage into the ground, the longest dimension of which exceeds 1.5 metres and of which the acute angle between the axis of the longest dimension and the vertical is less than 45;

(w) "excavation" means any dug-out area of ground other than a trench, tunnel or excavated shaft;

(x) "fall-arresting device" Repealed. [Sask. Reg. 67/2007, s. 3]

(y) "first aid" means immediate assistance given in case of injury until medical aid has been obtained;

(z) "first aid attendant" means the holder of a valid:

(i) class A qualification;

(ii) class B qualification;

(iii) emergency medical technician's licence; or

(iv) licence, certificate or other qualification that, in the opinion of the director, is equivalent to or superior to a qualification set out in subclauses (i) to (iii);

(aa) "first aid register" means the register required by section 57;

(bb) "first aid station" means a work-related area containing the supplies and equipment required by subsection 56(1);

(bb.1) "forklift" means a self-propelled machine that has a power-operated upright, angled or telescoping lifting device that can raise and lower a load for the purpose of transporting or stacking;

(cc) "full-body harness" means a safety device that is capable of suspending a worker without causing the worker to bend at the waist, and consists of straps that pass over the worker's shoulders and around the worker's legs, an upper dorsal suspension assembly and all integral hardware;

(dd) "hand tool" means hand-held equipment that is powered by the energy of a worker;

(ee) "harmful" means known to cause harm or injury;

(ff) "hazardous" means likely to cause harm or injury in certain circumstances;

(gg) "HEPA filter" means a high-efficiency particulate aerosol filter that is at least 99.97% efficient in collecting a 0.3 micrometre aerosol;

(hh) "hoist" means a machine that consists of a raising and lowering mechanism;

(ii) "immediately dangerous to life or health" means a condition in which a hazardous atmosphere exists to such an extent that a worker who is not using an approved respiratory protective device will suffer escape-impairing or irreversible health effects if the worker does not leave the hazardous atmosphere within 30 minutes;

(jj) "instruct" means to give information and direction to a worker with respect to particular subject-matter;

(kk) "lifeline" means a length of rope or strap that is attached to a safe point of anchorage at one end or, in the case of a horizontal lifeline, at both ends to provide support and a guide for a personal fall arrest system or personnel lowering device;

(ll) "locked out" means to have isolated the energy source or sources from equipment, to have dissipated any residual energy in a system and to have secured the isolation by a device that is operated by a key or other process;

(mm) "machine" means any combination of mechanical parts that transmits from one part to another or otherwise modifies force, motion or energy;

(nn) "maintained" means kept in a condition of efficient and safe functioning by a system of regular examination, testing and servicing or repair;

(oo) "The Mines Regulations" means The Mines Regulations, 2003 ;

(pp) "officer" means an occupational health officer;

(qq) "operator" means a person who operates any equipment;

(qq.1) "percutaneous" means a route of entry that is through the skin or mucous membrane, and includes subcutaneous, intramuscular and intravascular routes of entry.

(qq.2) "personal fall arrest system" means personal protective equipment that provides a means of safely arresting the fall of a worker and that, subsequent to the arrest of the fall, does not by itself permit the further release or lowering of the worker;

(rr) "personal protective equipment" means any clothing, device or other article that is intended to be worn or used by a worker to prevent injury or to facilitate rescue;

(ss) "personnel lowering device" means a device that provides a means of lowering a worker from a height at a controlled rate of descent;

(tt) "power tool" means a hand-held machine that is powered by energy other than the energy of a worker;

(uu) "powered mobile equipment" means a self-propelled machine or a combination of machines, including a prime mover, that is designed to manipulate or move materials or to provide a work platform for workers;

(vv) "professional engineer" means an engineer who is registered pursuant to The Engineering Profession Act;

(ww) "public highway" means a public highway as defined in The Highways and Transportation Act, 1997 ;

(xx) "qualified" means possessing a recognized degree, a recognized certificate or a recognized professional standing and demonstrating, by knowledge, training and experience, the ability to deal with problems related to the subject-matter, the work or the project;

(yy) "representative" means an occupational health and safety representative;

(zz) "respiratory protective device" means a device that is designed to protect a wearer from inhaling a hazardous atmosphere, and includes an atmosphere-supplying respirator, an air-purifying respirator and an escape respirator;

(aaa) "safeguard" means a guard, shield, wire mesh, guardrail, gate, barrier, safety net, handrail or other similar equipment that is designed to protect the safety of workers, but does not include personal protective equipment;

(bbb) "safety belt" Repealed. [Sask. Reg. 67/2007, s. 3]

(ccc) "SCBA" means self-contained breathing apparatus;

(ddd) "supervisor" means a person who is authorized by an employer to oversee or direct the work of workers;

(eee) "train" means to give information and explanation to a worker with respect to a particular subject-matter and require a practical demonstration that the worker has acquired knowledge or skill related to the subject-matter;

(fff) "travelway" means any place where workers or vehicles regularly travel or pass, and includes a ramp, runway, catwalk, bridge, conveyor, gantry or passage;

(ggg) "trench" means an elongated dug-out area of land whose depth exceeds its width at the bottom;

(hhh) "tunnel" means an underground passage that has an incline of not more than 45 from the horizontal;

(iii) "vehicle" means a machine in, on or by which a person or thing may be transported, and includes powered mobile equipment;

(jjj) "work" and "at work" means:

(i) the time during which a worker is in the course of the worker's employment; or

(ii) the time that a self-employed person devotes to work as a self-employed person;

(kkk) "work-related area" means all places that are ancillary to a place of employment, and includes lunchrooms, restrooms, first aid rooms, lecture rooms, parking lots under the control of the employer or contractor, offices and work camp living accommodations, but does not include a permanent living accommodation.

(2) For the purposes of the Act and in these regulations and all other regulations made pursuant to the Act, "injury" includes any disease and any impairment of the physical or mental condition of a person.

(3) Any word or expression used but not defined in these regulations or the Act has the meaning commonly given to it at places of employment in the industry concerned.

(4) Unless otherwise expressly stated:

(a) lumber sizes specified in these regulations are lumber sizes after dressing; and

(b) "lumber" means lumber that is free of visible defects.

[Sask. Reg. 6/97, s. 3; 35/2003, s. 3; 112/2005, s. 3; 67/2007, s. 3]

3. Repealed. [Sask. Reg. 35/2003, s. 4]

Part IX Safeguards, Storage, Warning Signs and Signals

Section 116 Protection against falling

116. (1) In this section and sections 116.1 to 116.3:

(a) "anchor point" or "anchor plate" means a secure connecting point capable of safely withstanding the impact forces applied by a fall protection system;

(b) "control zone" means the area within two metres of an unguarded edge of a level, elevated work surface of three metres or more in height;

(c) "fall protection system" means:

(i) a control zone as required pursuant to section 116.2;

(ii) a personal fall arrest system;

(iii) a safety net; or

(iv) a travel restraint system;

(d) "permanent" means intended and designed to last indefinitely;

(e) "similar barrier" means any barrier that the employer or contractor can demonstrate provides a level of protection that is at least equivalent to a guardrail;

(f) "temporary" means:

(i) designed to be removed by the last workers using it before commissioning or turnover to the contractor or owner; and

(ii) intended and designed to last not more than one year;

(g) "travel restraint system" means a system that prevents a worker from travelling to the edge of a structure or to a work position from which the worker could fall.

(2) An employer or contractor shall ensure that workers use a fall protection system at a temporary or permanent work area where:

(a) a worker may fall three metres or more; or

(b) there is a possibility of injury if a worker falls less than three metres.

(3) An employer or contractor shall ensure that a worker at a permanent work area is protected from falling by a guardrail or similar barrier if the worker may fall a vertical distance of more than 1.2 metres and less than three metres.

(4) Notwithstanding subsection (3), where the use of a guardrail or similar barrier is not reasonably practicable, an employer or contractor shall ensure that a worker uses a travel restraint system.

(5) Notwithstanding subsection (4), where the use of a travel restraint system is not reasonably practicable, an employer or contractor shall ensure that a safety net or control zone or other equally effective means that protects the worker from falling is used.

(6) Subsection (2) does not apply to competent workers who are engaged in:

(a) connecting the structural members of a skeletal steel structure or a pre-cast structure;

(b) connecting the support structure of a scaffold;

(c) stabilizing or securing the load on a truck or trailer;

(d) installing or attaching a fall protection system to the anchor point;

(e) removing or disassembling the associated parts of a fall protection system when it is no longer required; or

(f) activities within the normal course of business on a permanent loading dock that is not greater than 1.2 metres in height.

[Sask. Reg. 67/2007, s. 11]

Section 116.1 Fall protection plan

116.1 (1) An employer or contractor shall develop a written fall protection plan where:

(a) a worker may fall three metres or more; and

(b) workers are not protected by a guardrail or similar barrier.

(2) The fall protection plan required by subsection (1) must describe:

(a) the fall hazards at the worksite;

(b) the fall protection system to be used at the worksite;

(c) the procedures used to assemble, maintain, inspect, use and disassemble the fall protection system; and

(d) the rescue procedures to be used if a worker falls, is suspended by a personal fall arrest system or safety net and needs to be rescued.

(3) The employer or contractor shall ensure that a copy of the fall protection plan is readily available before work begins at a worksite where a risk of falling exists.

(4) The employer or contractor shall ensure that a worker is trained in the fall protection plan and the safe use of the fall protection system before allowing the worker to work in an area where a fall protection system must be used.

[Sask. Reg. 67/2007, s. 11]

Section 116.3 Anchor Points and Anchor Plates

116.3 (1) Where a worker uses a personal fall arrest system or a travel restraint system, an employer, contractor or owner shall ensure that an anchor point or anchor plate that meets the requirements of this section is used as part of that system.

(2) An employer, contractor or owner shall ensure that a temporary anchor point used in a travel restraint system:

(a) has an ultimate load capacity of at least 3.5 kilonewtons (800 pounds-force) per worker attached in any direction in which the load may be applied;

(b) is installed and used according to the manufacturer's specifications;

(c) is permanently marked as being for travel restraint only; and

(d) is removed by the last worker from use on the earlier of:

(i) the date the work project for which it is intended is completed; and

(ii) the time specified by the manufacturer.

(3) An employer, contractor or owner shall ensure that a permanent anchor point used in a travel restraint system associated with any new construction project on or after the date this section comes into force:

(a) has an ultimate load capacity of at least 8.75 kilonewtons (2 000 pounds-force) per worker attached in any direction in which the load may be applied;

(b) is installed and used according to the manufacturer's specifications; and

(c) is permanently marked as being for travel restraint only.

(4) In the case of a personal fall arrest system installed on or after one year after the date this section comes into force, an employer, contractor, owner or supplier shall ensure that anchor points to which the personal fall arrest system is attached have an ultimate load capacity of at least 22.2 kilonewtons (5000 pounds-force) per worker attached in any direction in which the load may be applied.

(5) An employer, contractor, owner or supplier shall ensure that the following types of equipment that are components of fall protection systems, and their installation, conform to the manufacturer's specifications or are certified by a professional engineer:

(a) permanent anchor points;

(b) anchors with multiple attachment points;

(c) permanent horizontal lifeline systems;

(d) support structures for safety nets.

[Sask. Reg. 67/2007, s. 11]

Section 122 Guardrails

122. (1) Subject to subsections (2) to (4), where the installation of a guardrail is required by these regulations, an employer, contractor or owner shall ensure that the guardrail:

(a) has a horizontal top member that is not less than 920 millimetres and not more than 1070 millimetres above the working surface;

(b) has a horizontal intermediate member that is spaced midway between the horizontal top member and the working surface;

(c) is supported for the entire length of the guardrail by vertical members that are:

(i) not more than three metres apart, in the case of a guardrail installed before the coming into force of this section; and

(ii) where reasonably practicable, not more than 2.4 metres apart, in the case of a guardrail installed on or after the coming into force of this section;

(d) is capable of supporting a worker who may fall against the guardrail; and

(e) is constructed of 38 by 89 millimetre construction grade lumber or other materials that are of equal or greater strength.

(2) Clause (1)(a) does not apply to a guardrail that:

(a) was installed on or before October 30, 1988; and

(b) is not less than 900 millimetres nor more than one metre above the working surface.

(3) A horizontal intermediate member is not required in the case of a temporary guardrail that is manufactured with a substantial barrier completely filling the area enclosed by the horizontal top member, a horizontal bottom member and the vertical members.

(4) A wire rope guardrail may be used at the external perimeter of a building under construction.

(5) Where a wire rope guardrail is used pursuant to subsection (4), an employer, contractor or owner shall ensure that:

(a) the guardrail consists of a horizontal top member and a horizontal intermediate member made of wire rope that is not less than 9.5 millimetres in diameter, with vertical separators not less than 50 millimetres wide that are spaced at intervals not exceeding 2.4 metres;

(b) the horizontal top member and horizontal intermediate member are positioned above the working surface in accordance with clauses (1)(a) and (b);

(c) the guardrail is kept taut by means of a turnbuckle or other appropriate device; and

(d) the guardrail is arranged so that a worker coming into contact with the ropes cannot fall through the ropes.

(6) An employer, contractor or owner shall ensure that no worker hangs equipment on a guardrail.

Section 124 Openings in floors, roofs, etc.

124. (1) An employer, contractor or owner shall ensure that any opening or hole in a floor, roof or other work surface into which a worker could step or fall is:

(a) covered with a securely installed covering that is capable of supporting a load of 360 kilograms per square metre and that is provided with a warning sign or permanent marking clearly indicating the nature of the hazard; or

(b) provided with a guardrail and a toeboard.

(2) Where the covering or guardrail and toeboard mentioned in subsection (1) or any part of the guardrail or toeboard is removed for any reason, an employer, contractor or owner shall immediately provide an effective alternative means of protection.

Section 125 Building shafts

125. (1) An employer, contractor or owner shall ensure that a work platform that is an integral part of a slip form used in a building shaft is designed by a professional engineer to withstand the maximum foreseeable load and is constructed, erected and used in accordance with that design.

(2) An employer, contractor or owner shall ensure that a platform mentioned in subsection (1) that has been moved is examined by a competent person and that a written report of the examination is made by the person who carried it out and kept by the employer, contractor or owner.

(3) An employer, contractor or owner shall not require or permit a worker to work on a platform mentioned in subsection (1) that has been moved before the platform has been examined in accordance with subsection (2), unless the worker is using a personal fall arrest system, a full-body harness, a lanyard or a lifeline that meets the requirements of Part VII.

(4) Where there is no work platform installed at the level of a doorway or opening in a building shaft, an employer, contractor or owner shall ensure that the doorway or opening is covered by a solid barrier that extends from the bottom of the doorway or opening to a height of at least two metres and is capable of preventing a worker or loose material from falling down the shaft.

(5) An employer, contractor or owner shall ensure that at least one warning sign indicating the presence of an open building shaft is placed on a barrier erected pursuant to subsection (4).

[Sask. Reg. 67/2007, s. 12]

Section 127 Storage tanks

127. (1) Where a worker is regularly required to walk or work on top of a storage tank, an employer, contractor or owner shall ensure that the storage tank is fitted with a permanent walkway with guardrails.

(2) Where a worker is required to walk or work on top of a storage tank, an employer, contractor or owner shall ensure that any opening in the tank into which a worker may fall is guarded by a grid or other suitable means to prevent the worker from falling into the tank.

Part III General Duties

Section 13 General duties of workers

13. A worker shall:

(a) use the safeguards, safety appliances and personal protective equipment provided in accordance with these regulations and any other regulations made pursuant to the Act; and

(b) follow the safe work practices and procedures required by or developed pursuant to these regulations and any other regulations made pursuant to the Act.

Section 22 Occupational health and safety program

22. (1) Subject to subsection (2), an occupational health and safety program required bysection 13 of the Act must include:

(a) a statement of the employer's policy with respect to the protection and maintenance of the health and safety of the workers;

(b) the identification of existing and potential risks to the health or safety of workers at the place of employment and the measures, including procedures to respond to an emergency, that will be taken to reduce, eliminate or control those risks;

(c) the identification of internal and external resources, including personnel and equipment, that may be required to respond to an emergency;

(d) a statement of the responsibilities of the employer, the supervisors and the workers;

(e) a schedule for the regular inspection of the place of employment and of work processes and procedures;

(f) a plan for the control of any biological or chemical substance handled, used, stored, produced or disposed of at the place of employment and, where appropriate, the monitoring of the work environment;

(g) a plan for training workers and supervisors in safe work practices and procedures, including any procedures, plans, policies or programs that the employer is required to develop pursuant to the Act or any regulations made pursuant to the Act that apply to the work of the workers and supervisors;

(h) a procedure for the investigation of accidents, dangerous occurrences and refusals to work pursuant to section 23 of the Act at the place of employment;

(i) a strategy for worker participation in occupational health and safety activities, including audit inspections and investigations of accidents, dangerous occurrences and refusals to work pursuant tosection 23 of the Act ; and

(j) a procedure to review and, where necessary, revise the occupational health and safety program at specified intervals that are not greater than three years and whenever there is a change of circumstances that may affect the health or safety of workers.

(2) On and after January 1, 1998, the places of employment set out in Table 7 of the Appendix with 10 or more workers are prescribed for the purposes ofsection 13 of the Act .

(3) An employer at a place of employment mentioned in subsection (2) shall establish an occupational health and safety program that meets the requirements of subsection (1) not later than:

(a) in a place of employment with 100 or more workers, January 1, 1998;

(b) in a place of employment with 21 or more workers but not more than 99 workers, January 1, 1999; and

(c) in a place of employment with 10 or more workers but not more than 20 workers, January 1, 2000.

Section 25 Maintenance and repair of equipment

25. (1) An employer shall ensure that all equipment is maintained at intervals that are sufficient to ensure the safe functioning of the equipment.

(2) Where a defect is found in equipment, an employer shall ensure that:

(a) steps are taken immediately to protect the health and safety of any worker who may be at risk until the defect is corrected; and

(b) the defect is corrected by a competent person as soon as is reasonably practicable.

(3) A worker who knows or has reason to believe that equipment under the worker's control is not in a safe condition shall:

(a) immediately report the condition of the equipment to the employer; and

(b) repair the equipment if the worker is authorized and competent to do so.

Part XI Powered Mobile Equipment

Section 165 Transporting workers

165. (1) An employer or contractor shall ensure that no worker is transported on a vehicle or a unit of powered mobile equipment unless the worker is seated and secured by a seat-belt or other restraining device that is designed to prevent the worker from being thrown from the vehicle or equipment while the vehicle or equipment is in motion.

(2) An employer or contractor shall ensure that no worker is transported on the top of a load that is being moved by a vehicle or a unit of powered mobile equipment.

(3) An employer or contractor shall ensure that no worker places equipment or material in a compartment of a vehicle or powered mobile equipment in which the operator or another worker is being transported unless the equipment or material is positioned or secured so as to prevent injury to the operator or the other worker.

(4) Where an open vehicle or unit of powered mobile equipment is used to transport a worker, an employer or contractor shall ensure that the worker is restrained from falling from the vehicle or powered mobile equipment and that no part of the worker's body protrudes beyond the side of the vehicle or powered mobile equipment.

(5) An employer or contractor shall ensure that sufficient protection against inclement weather is provided for workers who are required to travel in a vehicle or a unit of powered mobile equipment.

(6) Where a vehicle or unit of powered mobile equipment with an enclosed body is used to transport workers, an employer, contractor or supplier shall ensure that the exhaust outlet of the engine is located so that exhaust gases cannot enter the enclosed body.

Part XII Scaffolds, Aerial Devices, Elevating Work Platforms and Temporary Supporting Structures

Section 186 Use of suspended powered scaffolds

186. (1) An employer or contractor shall:

(a) develop work practices and procedures for the safe use of any suspended powered scaffold;

(b) train the workers in the procedures required pursuant to clause (a); and

(c) ensure that every worker complies with the procedures required pursuant to clause (a).

(2) An employer or contractor shall ensure that a suspended powered scaffold is operated by a competent worker.

(3) An employer or contractor shall ensure that all parts of a suspended powered scaffold are inspected prior to use and daily when in use.

(4) An employer or contractor shall ensure that a worker who works on a suspended powered scaffold is provided with and uses a full-body harness, connecting linkage, personal fall arrest system and lifeline that meet the requirements of Part VII.

[Sask. Reg. 67/2007, s. 18]

Section 192 Aerial devices and elevating work platforms

192. (1) An employer or contractor shall ensure that:

(a) an aerial device, elevating work platform or personnel lifting unit is designed, constructed, erected, operated and maintained in accordance with an approved standard; or

(b) a professional engineer has certified that:

(i) an aerial device, elevating work platform or personnel lifting unit and its elevating system and mountings are safe for the purpose of raising workers and loads; and

(ii) the components of an aerial device, elevating work platform or personnel lifting unit and its elevating system and mountings are designed in accordance with an approved standard.

(2) An employer or contractor shall not require or permit a worker to be raised or lowered by any aerial device or elevating work platform or to work from a device or platform held in an elevated position unless:

(a) there is an adequate and suitable means of communication between the worker operating the controls and the worker raised on the platform, if they are not the same person;

(b) the elevating mechanism is designed so that, if any failure of the mechanism occurs, the platform will descend in a controlled manner so that no worker on the platform will be endangered;

(c) the controls are designed so that the platform will be moved only when direct pressure is applied to the controls;

(d) the drive mechanism of any operation for moving the platform is positive and does not rely on gravity;

(e) road traffic conditions, environmental conditions, overhead wires, cables and other obstructions do not create a danger to the worker;

(f) the brakes of the aerial device or elevating work platform are engaged, except when operated in accordance with manufacturer's recommendations;

(g) if the aerial device or elevating work platform is equipped with outriggers, the outriggers are set;

(h) pursuant to clause (i), the worker is provided with and is required to use a personal fall arrest system that meets the requirements of Part VII; and

(i) the aerial device or elevating work platform is equipped with a lanyard attachment point that is:

(i) designed and constructed to an approved standard; or

(ii) certified as safe by a professional engineer and installed and used in accordance with that design.

(3) Notwithstanding any other provision in this section but subject to section 465, an employer or contractor shall not require or permit a worker working on an exposed energized high voltage electrical conductor to work from an aerial device or elevating work platform unless the controls are operated by the worker on the device or platform.

(4) Where a worker leaves an aerial device or elevating work platform parked or unattended, an employer or contractor shall ensure that the device or platform:

(a) is locked or rendered inoperative; or

(b) is fully lowered and retracted with all hydraulic systems in the neutral position or incapable of operating by moving the controls.

(5) An employer or contractor shall ensure that:

(a) a worker who operates an aerial device or elevating work platform is trained to operate the device or platform safely; and

(b) the training includes the manufacturer's instructions and recommendations, the load limitations, the proper use of all controls and any limitations on the surfaces on which the device or platform is designed to be used.

(5.1) An employer or contractor shall ensure that, while a worker is on a work platform mounted on a forklift and the forklift is in the raised position, the operator:

(a) remains at the controls; and

(b) does not drive the forklift.

(6) An employer or contractor shall ensure that the manufacturer's operating manual for the aerial device or elevating work platform is kept with the device or platform at all times.

[Sask. Reg. 67/2007, s. 20]

Section 194 Forklifts

194. (1) An employer or contractor shall ensure that no worker is raised or lowered by, or required or permitted to work on, a forklift or any device mounted on a forklift except as provided by this section.

(2) An employer or contractor shall ensure that a work platform mounted on a forklift on which a worker may be raised or lowered or required or permitted to work is:

(a) designed and constructed to an approved standard or designed and constructed and certified safe for use by a professional engineer to support safely the maximum load that the platform is expected to support;

(b) securely attached to the forks of the forklift to prevent accidental lateral or vertical movement of the platform;

(c) equipped with guardrails and toeboards that meet the requirements of sections 122 and 123; and

(d) equipped with a screen or similar barrier along the edge of the platform adjacent to the mast of the forklift to prevent a worker from contacting the mast drive mechanism.

(3) The employer or contractor shall ensure that a worker working from a work platform mentioned in subsection (2) uses a personal fall arrest system that meets the requirements of Part VII.

(4) An employer or contractor shall comply with the requirements mentioned in section 167.

[Sask. Reg. 67/2007, s. 21]

Part XIII Hoists, Cranes and Lifting Devices

Section 207 Raising and lowering workers

207. (1) Where a crane or hoist will be used to raise or lower workers, the employer or contractor shall:

(a) develop and implement work practices and procedures that will provide for the safe raising and lowering of the workers;

(b) train the workers in those work practices and procedures;

(c) ensure that the hoisting equipment and personnel lifting unit are inspected by a competent person before use and daily when in use; and

(d) ensure that the competent person records the details of the inspection in the log book.

(2) An employer or contractor shall not require or permit the operator of a crane or hoist to use the crane or hoist to raise or lower workers unless:

(a) the personnel lifting unit meets the requirements of subsection 192(1);

(b) the suspension members of the personnel lifting unit are securely attached to the crane, hoist line or hook by a shackle, weldless link, ring or other secure rigging attachment;

(c) there is a secondary safety device that attaches the suspension members of the personnel lifting unit to the crane or hoist rigging above the point of attachment mentioned in clause (b);

(d) the load line hoist drum has a system or device on the power train, other than the load hoist brake, that regulates the lowering rate of speed of the hoist drum mechanism; and

(e) workers in the personnel lifting unit use a full-body harness attached to the personnel lifting unit.

(3) An operator of a crane or hoist shall not use the crane or hoist to raise or lower workers unless:

(a) the personnel lifting unit meets the requirements of section 192;

(b) the suspension members of the personnel lifting unit are securely attached to the crane, hoist line or hook by a shackle, weldless link, ring or other secure rigging attachment;

(c) there is a secondary safety device that attaches the suspension members of the personnel lifting unit to the crane or hoist rigging above the point of attachment mentioned in clause (b);

(d) the load line hoist drum has a system or device on the power train, other than the load hoist brake, that regulates the lowering rate of speed of the hoist drum mechanism; and

(e) workers in the personnel lifting unit use fall-arrest protection attached to the personnel lifting unit.

[Sask. Reg. 67/2007, s. 22]

Part XVI Entrances, Exits and Ladders

Section 255 Fixed ladders

255. (1) In this section, "fixed ladder" means a ladder that is fixed to a structure in a vertical position or at an angle that is between vertical and 25 to the vertical, but does not include a ladder used in underground mining operations to which The Mines Regulations apply.

(2) A ladder that is fixed to a structure at an angle of more than 25 to the vertical, or more than one horizontal to two vertical, is deemed to be a stairway and is subject to the requirements of sections 121 and 251.

(3) An employer, contractor or owner shall ensure that:

(a) the rungs on a fixed ladder are uniformly spaced with centres that are not less than 250 and not more than 300 millimetres apart;

(b) a clearance of at least 150 millimetres is maintained between the rungs on a fixed ladder and the structure to which the ladder is affixed;

(c) a fixed ladder is securely held in place at the top and bottom and at any intermediate points that are necessary to prevent sway;

(d) the side rails of a fixed ladder extend not less than one metre above any platform, roof or other landing on the structure to which the ladder is fixed;

(e) a ladder opening in a platform, roof or other landing does not exceed 750 millimetres by 750 millimetres;

(f) a fixed ladder that is more than six metres high:

(i) is equipped with:

(A) platforms at intervals of not more than six metres or ladder cages, in the case of ladders installed on or before March 11, 1986; or

(B) platforms at intervals of not more than six metres and ladder cages, in the case of ladders installed on or after March 12, 1986; or

(ii) is equipped with a personal fall arrest system that meets the requirements of Part VII.

(g) a fixed ladder in an excavated shaft is installed in a compartment that is separated from the hoist compartment by a substantial partition.

(4) Where a ladder cage is required by these regulations, an employer, contractor or owner shall ensure that:

(a) the ladder cage is constructed of hoops that are not more than 1.8 metres apart, joined by vertical members not more than 300 millimetres apart around the circumference of the hoop;

(b) no point on a hoop of the ladder cage is more than 750 millimetres from the ladder; and

(c) the ladder cage is of sufficient strength and is designed to contain any worker who may lean or fall against a hoop.

(5) In the case of a ladder cage constructed before July 1, 1997, an employer, contractor or owner shall ensure that:

(a) the lowest hoop of the ladder cage is not more than three metres from a platform, landing or the ground; and

(b) the uppermost hoop of the ladder cage is at the level of a platform, landing or roof.

(6) In the case of a ladder cage constructed on or after July 1, 1997, an employer, contractor or owner shall ensure that:

(a) the lowest hoop of the ladder cage is not more than 2.2 metres from a platform, landing or the ground; and

(b) the uppermost hoop of the ladder cage extends at least one metre above the level of a platform, landing or roof.

[Sask. Reg. 67/2007, s. 23]

Part XVIII Confined Space Entry

Section 274 Precautions where safe atmosphere not possible

274. (1) Where a hazardous confined space cannot be purged and ventilated to provide a safe atmosphere or a safe atmosphere cannot be maintained pursuant to section 273, an employer shall ensure that no work is carried on in the confined space except in accordance with the requirements of this section and section 369.

(2) An employer shall ensure that a competent person continuously monitors the atmosphere in a hazardous confined space.

(3) An employer shall ensure that a worker is provided with and required to use a respiratory protective device that meets the requirements of Part VII if:

(a) the airborne concentration for any substance meets or exceeds the permissible contamination limit mentioned in clause 307(1)(a);

(b) oxygen deficiency or enrichment is detected; or

(c) the airborne concentration of any other substance may be harmful to the worker.

(4) An employer shall ensure that a worker in a hazardous confined space is attended by and in communication with another worker who:

(a) has been adequately trained in the rescue procedures mentioned in clause 272(2)(g);

(b) is stationed and remains at the entrance to the confined space unless replaced by another adequately trained worker; and

(c) is equipped with a suitable alarm to summon assistance.

(5) If entrance to a hazardous confined space is from the top:

(a) an employer shall ensure that:

(i) a worker uses a full-body harness and, where appropriate, is attached to a lifeline;

(ii) if a lifeline is used, the lifeline is attended by another worker who is adequately trained in the rescue procedures mentioned in clause 272(2)(g); and

(iii) where reasonably practicable, a mechanical lifting device is available to assist with a rescue and is located at the entry to the confined space while a worker is in the confined space; or

(b) an employer shall ensure that an alternate method of rescue is developed and implemented where the use of a full-body harness or lifeline would create an additional hazard.

(6) If any flammable or explosive dusts, gases, vapours or liquids are or may be present in a hazardous confined space, an employer shall ensure that all sources of ignition are eliminated or controlled.

(7) An employer shall ensure that:

(a) equipment necessary to rescue workers is readily available at the entrance to the hazardous confined space and used in accordance with the rescue procedures developed pursuant to clause 272(2)(g);

(b) the holder of a class A qualification in first aid is available to provide immediate first aid; and

(c) personnel who are trained in the rescue procedures developed pursuant to clause 272(2)(g) and who are fully informed of the hazards in the confined space are readily available to assist in a rescue procedure.

Part XXVII Demolition Work

Section 385 Material chutes

385. (1) An employer, contractor or owner shall ensure that a material chute steeper than 45 from the horizontal is constructed to enclose the material placed in the chute.

(2) Where a material chute presents a danger to workers, an employer, contractor or owner shall ensure that a guardrail is installed around the top of the chute to prevent workers from falling into the chute.

Part XXX Additional Protection for Electrical Workers

Section 450 Interpretation

450. (1) In this Part:

(a) "approved" means approved as defined in The Electrical Inspection Act, 1993;

(b) "electrical equipment" means electrical equipment as defined in The Electrical Inspection Act, 1993 ;

(c) "electrical worker":

(i) in the case of work of electrical installation as defined in The Electrical Inspection Act, 1993 that is regulated by that Act, means a person who is authorized pursuant to The Electrical Licensing Act to perform that work;

(ii) in the case of any work with electrical equipment that is not regulated by The Electrical Inspection Act, 1993, means a person who is qualified to perform that work;

(d) "guarded" means covered, shielded, fenced, enclosed or otherwise protected by suitable covers, casings, barriers, rails, screens, mats, platforms or other equally effective means;

(e) "high voltage" means any voltage over 750 volts;

(f) "lamp" means an artificial source of electric light;

(g) "luminaire" means a complete lighting unit that is designed to accommodate a lamp and to connect the lamp to an electrical power supply;

(h) "readily accessible" means capable of being reached quickly for operation, renewal, or inspection, without requiring a worker to climb over or remove obstacles or to resort to portable means of access.

(2) Nothing in this Part shall be construed as authorizing:

(a) the performance of work by a person if it is unlawful for the person to perform that work because of The Electrical Licensing Act, The Apprenticeship and Trade Certification Act, the regulations made pursuant to those Acts or any other Act or regulation;

(b) the use of electrical equipment if it is unlawful to use that equipment because of The Electrical Inspection Act, 1993 , the regulations made pursuant to that Act or any other Act or regulation; or

(c) the performance of work in a particular manner if it is unlawful to perform the work in that manner because of The Electrical Inspection Act, 1993, the regulations made pursuant to that Act or any other Act or regulation.

Part VII Personal Protective Equipment

Section 87 General responsibilities

87. (1) Where an employer or contractor is required by these regulations or any other regulations made pursuant to the Act to provide personal protective equipment, the employer or contractor shall:

(a) supply approved personal protective equipment to the workers at no cost to the workers;

(b) ensure that the personal protective equipment is used by the workers;

(c) ensure that the personal protective equipment is at the worksite before work begins;

(d) ensure that the personal protective equipment is stored in a clean, secure location that is readily accessible to workers;

(e) ensure that each worker is aware of the location of the personal protective equipment and trained in its use;

(f) inform the workers of the reasons why the personal protective equipment is required to be used and of the limitations of its protection; and

(g) ensure that personal protective equipment provided to a worker:

(i) is suitable and adequate and a proper fit for that worker;

(ii) is maintained and kept in a sanitary condition; and

(iii) is removed from use or service when damaged.

(2) Where an employer or contractor requires a worker to clean and maintain personal protective equipment, the employer shall ensure that the worker has adequate time during normal working hours without loss of pay or other benefits for this purpose.

(3) Where reasonably practicable, an employer or contractor shall make appropriate adjustments to the work procedures and the rate of work to eliminate or reduce the danger or discomfort to the worker that may arise from the worker's use of personal protective equipment.

(4) A worker who is provided with personal protective equipment by an employer or contractor shall:

(a) use the personal protective equipment; and

(b) take reasonable steps to prevent damage to the personal protective equipment.

(5) Where personal protective equipment provided to a worker becomes defective or otherwise fails to provide the protection it was intended for, the worker shall:

(a) return the personal protective equipment to the employer or contractor; and

(b) inform the employer or contractor of the defect or other reason why the personal protective equipment does not provide the protection that it was intended to provide.

(6) An employer or contractor shall immediately repair or replace any personal protective equipment returned to the employer or contractor pursuant to clause (5)(a).

Section 102 Personal fall arrest systems

102. (1) An employer or contractor shall ensure that a personal fall arrest system and connecting linkage required by these regulations are approved and maintained.

(2) An employer or contractor shall ensure that a personal fall arrest system required by these regulations:

(a) prevents a worker from falling more than 1.2 metres without a shock absorber;

(b) where a shock absorber is used, prevents a worker from falling more than two metres or the limit specified in the manufacturer's specifications, whichever is less;

(c) applies a peak fall-arrest force not greater than eight kilonewtons to a worker; and

(d) is fastened to a lifeline or to a secure anchor point that has a breaking strength of at least 22.2 kilonewtons.

[Sask. Reg. 67/2007, s. 8]

Section 103 Full-body harness

103. Where a full-body harness is used, an employer or contractor shall ensure that:

(a) the full-body harness and connecting linkage are approved and maintained;

(b) the full-body harness is properly fitted to the worker;

(c) the worker is trained in the safe use of the full-body harness;

(d) all metal parts of the full-body harness and connecting linkage are of drop-forged steel 22.2 kilonewtons proof tested;

(e) a protective thimble is used to protect ropes or straps from chafing whenever a rope or strap is connected to an eye or a D-ring used in the fullbody harness or connecting linkage; and

(f) the connecting linkage is attached to a personal fall arrest system, lifeline or secure anchor point to prevent the worker from falling more than 1.2 metres.

[Sask. Reg. 67/2007, s. 8]

Section 106 Workers' responsibilities re lifelines, etc.

106. (1) Before using a lifeline or lanyard, a worker shall ensure that the lifeline or lanyard:

(a) is free of imperfections, knots and splices, other than end terminations;

(b) is protected by padding where the lifeline or lanyard passes over sharp edges; and

(c) is protected from heat, flame or abrasive or corrosive materials during use.

(2) Before using a vertical lifeline, a worker shall ensure that:

(a) the lower end extends to the ground or to a safe landing; and

(b) the lifeline is protected at the lower end to ensure that the line cannot be fouled by any equipment.

(3) Before using a full-body harness, a worker shall ensure that the full-body harness:

(a) is properly adjusted to fit the worker securely; and

(b) subject to subsection 274(5), is attached by means of a connecting linkage to a fixed anchor or a lifeline.

(4) A worker who uses a full-body harness and connecting linkage shall ensure that the connecting linkage is attached to a personal fall arrest system, lifeline or a fixed anchor.

[Sask. Reg. 67/2007, s. 9]

Section 107 Inspection of full body harness, etc.

107. (1) Where the use of a connecting linkage, personal fall arrest system, full-body harness or lifeline is required by these regulations, an employer or contractor shall ensure that a competent person:

(a) inspects the connecting linkage, personal fall arrest system, full-body harness or lifeline:

(i) as recommended by the manufacturer; and

(ii) after the connecting linkage, personal fall arrest system, full-body harness or lifeline has sustained a fall-arresting incident; and

(b) determines whether the connecting linkage, personal fall arrest system, full-body harness or lifeline is safe for continued use.

(2) An employer or contractor shall ensure that a worker inspects the connecting linkage, personal fall arrest system, full-body harness or lifeline before each use and that where a defect or unsafe condition that may create a hazard to a worker is identified in a connecting linkage, personal fall arrest system, full-body harness or lifeline:

(a) steps are taken immediately to protect the health and safety of any worker who may be at risk until the defect is repaired or the unsafe condition is corrected; and

(b) as soon as is reasonably practicable, the defect is repaired or the unsafe condition is corrected.

[Sask. Reg. 67/2007, s. 10]

Section 108 Protection against drowning

108. (1) In this section:

(a) "buoyant apparatus" means a device that is capable of supporting the weight in water of a worker and that is constructed to:

(i) remain stable when floating on either side;

(ii) have no projections that would prevent the buoyant apparatus from sliding easily over the side of a boat or ship; and

(iii) require no adjustment before use;

(b) "life jacket" means an approved device that is capable of keeping a worker's head above water in a face-up position without effort by the worker;

(c) "personal flotation device" means an approved device that is capable of keeping a worker's head above water without effort by the worker, and includes a device that is designed to protect a worker against hypothermia.

(2) Where a worker is required to work at a place from which the worker could fall and drown, and the worker is not protected by a guardrail, an employer or contractor shall:

(a) provide the worker with a life jacket and ensure that the worker uses it, and ensure that the rescue equipment and personnel described in subsection (3) are readily available;

(b) provide the worker with a full-body harness and lifeline and ensure that the worker uses them; or

(c) ensure that a net is installed that is capable of safely catching the worker if the worker falls.

(3) The rescue equipment and personnel required by clause (2)(a) must consist of:

(a) a suitable boat equipped with a boat hook;

(b) a buoyant apparatus attached to a nylon rope that is not less than nine millimetres in diameter and not less than 15 metres long; and

(c) a sufficient number of properly equipped and trained workers to implement rescue procedures.

(4) An employer or contractor shall ensure that a life jacket or personal flotation device is provided for each worker who is transported by boat or works from a boat, and that each worker uses the life jacket or personal flotation device at all times when the worker is in the boat.

Mines Regulations, 2003
R.R.S., c. O-1, r. 2

Part VII Work Practices and Procedures

Section 58 Guarding ore passes, manways, raises, etc.

58. (1) If reasonably practicable, an employer or contractor must ensure that:

(a) the top of every ore pass, manway or other opening into which a worker could step or fall is:

(i) covered with a securely installed covering; or

(ii) guarded by an adequate barrier; and

(b) the top of every raise or other opening to a level into which powered mobile equipment could fall is protected by a barrier that has been designed by a professional engineer and built to the design specifications.

(2) If a manway is being repaired or is unsafe for travel, an employer or contractor must ensure that:

(a) access to the manway is restricted; and

(b) the top and bottom of the manway is posted with warning signs or permanent markings clearly indicating whether the manway is open or closed to workers.

Section 73 Dredges

73. (1) An employer or contractor must ensure that a dredge used at a mine is equipped with:

(a) adequate and suitable fire-fighting equipment;

(b) adequate guard rails to prevent any worker from falling into the water;

(c) a suitable gangplank for exit to a permanent walkway;

(d) a ladder on each side of the dredge that extends from the deck to the water level for rescue purposes;

(e) an adequate means of exit from the engine room and control cabin; and

(f) an effective means of communicating with workers on the dredge.

(2) If a worker is required or permitted to be on a dredge that is not connected to the shore by a walkway, the employer or contractor must ensure that at least two suitable boats, one based at the dredge and the other based at the shore, are available for immediate use.

(3) An employer or contractor must ensure that no flammable materials, other than lubricant and fuel necessary for 24 hours of operation, are stored on a dredge.

(4) The employer or contractor must ensure that every dredge put into service on or after the coming into force of these regulations is equipped with lightning protection system that conforms to the requirements of Canadian Standards Association standard CAN/CSA-B72-M87 (Reaffirmed 1998), Installation Code for Lightning Protection Systems.

(5) The employer or contractor must ensure that a dredge put into service before the coming into force of these regulations and not equipped in accordance with subsection (4) is not used during an electrical storm.

Part VIII Shaft-Sinking Operations

Section 78 Shaft collar

78. An employer, contractor or owner must ensure that every shaft or raise opening at the surface is provided with a collar that is:

(a) designed and constructed in accordance with sound engineering practices to prevent any person or equipment from falling into the shaft or raise;

(b) made of concrete or equivalent material; and

(c) if reasonably practicable, secured to the bedrock.

Shaft Safety and Shaft Inspections

Section 97 Guarding of shaft openings

97. (1) Subject to subsections (2) to (4), an employer, contractor or owner must ensure that every shaft opening is securely fenced, covered or otherwise guarded to prevent workers, material or equipment from falling into the shaft.

(2) Except where the hoisting compartment at a shaft station is securely closed off, an employer or contractor must ensure that a substantial gate is installed at each shaft opening at the surface, at each level and at each loading pocket.

(3) An employer or contractor must ensure that a gate required by subsection (2):

(a) is designed and constructed to withstand the impact of a vehicle, other than powered mobile equipment;

(b) has a clearance beneath its lower edge that is not greater than 40 millimetres; and

(c) is kept closed except:

(i) when the conveyance is being loaded or unloaded at the shaft station; or

(ii) during shaft station maintenance.

(4) If it is necessary to temporarily remove from a shaft opening a fence or cover required by subsection (1) or a gate required by subsection (2), the employer or contractor must ensure that:

(a) the shaft opening is otherwise guarded or access to it is restricted; and

(b) the fence, cover or gate is replaced as soon as is reasonably practicable.