2. In these regulations,

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

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

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

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

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

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

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

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

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

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

(g) "competent person" means a person who is

(i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;

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

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

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

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

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

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

(l) "engineer" means a person who is registered as a member or licensed to practise under the Engineering Profession Act and is competent to do the work being performed;

(m) "firefighter" means

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

(ii) an industrial firefighter;

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

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

(ii) warn of a fall hazard, and

(iii) reduce the risk of a fall;

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

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

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

(q) "industrial firefighter" means an employee who

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

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

(qa) "latest version" means, in relation to a standard or other publication, the latest edition of the standard or publication as supplemented, amended, added to, replaced or superseded;

(r) "lift truck" means a lift truck as defined in the latest version of ANSI standard ANSI/ITSDF B56.1, "Safety Standard for Low Lift and High Lift Trucks";

(s) "locked out" means to have

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

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

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

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

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

(u) "manufacturer's specifications" means

(i) the written instructions of a manufacturer of a machine, material, tool or equipment that outline the manner in which the machine, material, tool or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, carried, maintained, repaired, inspected, serviced, tested, cleaned or dismantled, and

(ii) a manufacturer's instruction, operating or maintenance manual and drawings respecting a machine, tool or equipment;

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

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

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

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

(ii) single or multiple girder, and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) an audible back-up alarm that

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

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

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

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

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

(d) an adequate braking system; and

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

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

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

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

(b) when leaving the equipment unattended

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

(ii) set the parking brake,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) once during each year of operation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) once during every month of operation; and

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

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

(3) An employer shall maintain a record of

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

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

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

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

76. An operator of a hoist shall

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

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

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

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

(c) not leave a suspended load unattended; and

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

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

77. An employer shall ensure that a mobile crane has

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(9) An employer shall maintain a record of

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

(b) any repairs to rigging hardware.

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

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

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

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

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

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

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

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

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

(2) This Section applies to demolition by

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

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

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

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

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

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

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

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

23.1 In this Part,

"boatswain's chair" means a simple body support device used for work positioning that typically incorporates a rigid seat and a suspension bridle and is suspended from an anchorage;

"bracket scaffold" means a scaffold consisting of a work-platform that is supported by metal brackets and attached to a structural wall but does not include a side bracket or end bracket;

"crane-supported work-platform" means a work-platform suspended from the cable of a hoist or crane, or attached directly to the boom of a crane by mechanical fasteners;

"elevating work-platform" means a type of integral chassis aerial platform that has an adjustable position platform that is supported from ground level;

"ITSDF" means the Industrial Truck Standards Development Foundation;

"ladderjack scaffold" means a scaffold erected by means of attaching 1 or more brackets to 1 or more ladders to support a work-platform;

"lift truck" means a lift truck as defined in the latest version of ANSI standard ANSI/ITSDF B56.1,

"Safety Standard for Low Lift and High Lift Trucks";

"lift truck work-platform" means a work-platform designed to be mounted on a high lift truck, or other elevating device, to provide a safe-working area for a person elevated by and working from the platform's surface;

"pumpjack scaffold" means a scaffold consisting of a work-platform supported by vertical poles and adjustable support brackets;

"rolling scaffold" means an assembled scaffold

(i) supported by wheels, and

(ii) moved manually,

"scaffold" means a temporary elevated or hanging platform and its structural members that are used to support persons and materials, or both;

"standard", in relation to a component of access scaffolding equipment, means a vertical scaffold member that supports the weight of a scaffold;

"suspended platform" means an access system that meets all of the following criteria, and includes but is not limited to permanently installed suspended equipment, temporary suspended equipment, a boatswain's chair, stages running on an incline and suspended work cages:

(i) it is suspended from overhead and arranged for hoisting, and may traverse the exterior or interior side of a building or structure, and

(ii) it consists of a platform and means of suspension, lateral restraint, hoisting and anchoring;

"transom", in relation to a component of access scaffolding equipment, means a horizontal scaffold member capable of supporting a platform or a lifting beam;

"work-platform" means a temporary horizontal working surface that provides access and support for a person at the workplace.

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

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

19 (1) Except as provided in Sections 20 and 27, a person must not perform regulated work under these regulations unless the person holds a class of CO licence and any required endorsement that authorize the person to perform the regulated work.

(2) Except as provided in Sections 20 and 27, a person must not employ or permit a person to perform regulated work under these regulations unless the person performing the work holds a class of CO licence and any required endorsement that authorize the person to perform the regulated work.

20. An individual whose certificate of qualification issued under the Crane Operators and Power Engineers Act is continued under subsection 52(1) of the Act is not required to hold a CO licence and any required endorsements to perform the same regulated work under these regulations, but must apply for a CO licence and any required endorsements under Section 23 to continue to be authorized to perform regulated work under these regulations after the certificate of qualification expires.

10. (1) An owner of a regulated crane or any person performing the work or duties of a crane operator must ensure that the regulated work performed is in compliance with the CO standards and these regulations.

(2) An owner of a regulated product or any person working with a regulated product must ensure that it is installed, inspected, maintained, repaired, altered and operated in conformance with the CO standards and these regulations.

(3) An owner of a regulated crane must ensure that the crane operator has convenient access to the Act, these regulations and the CO standards.

11. (1) If rigging is required to perform a lift with a regulated crane, the owner of the crane must assign a designated rigger for the lift.

(2) An owner must ensure that a designated rigger for a lift has enough of the following training, experience and knowledge for the regulated crane used in the lift, and for the type of load and lift, to reasonably expect the designated rigger to perform the rigging so that the lift can be done safely:

(a) rigging training;

(b) experience in the best practices;

(c) knowledge and information on how to properly rig the load, lift and crane, including the capacity of the rigging hardware and of the regulated crane.

(3) A designated rigger for a lift is responsible for the rigging for the lift and must ensure that the load is secured to the regulated crane safely and use appropriate rigging hardware for the regulated crane used in the lift, and for the type of load and lift.

12 (1) A crane operator is responsible for all of the following:

(a) all aspects of a lift, including, except as provided in subsection (2), the rigging;

(b) all persons working under their supervision.

(2) A crane operator is not responsible for the rigging of a lift if another individual is the designated rigger for the lift and the rigging is performed by the designated rigger, unless the crane operator directs the designated rigger under subsection (3).

(3) A crane operator may inspect the rigging of a lift or direct the designated rigger to install the rigging hardware for a lift to the crane operator's satisfaction.

(4) A crane operator who is the designated rigger for a lift may directly supervise a trainee who performs the rigging, but remains responsible for the rigging of the lift as the designated rigger.

13. A crane operator responsible for a lift may refuse to lift the load if the crane operator believes that the load has not been properly or safely rigged.

14. (1) An owner of a regulated crane must provide a logbook for the regulated crane.

(2) An owner of a regulated crane must ensure that a logbook for a regulated crane is kept with the crane or at a place that is easily accessed by the crane operator and a CO inspector.

(3) An owner of a regulated crane must ensure that the crane's logbook is used to record information on the crane or comments by the crane operator on the safe operation, maintenance and servicing of the crane.

15 (1) If required by the manufacturer of a regulated crane, an owner of a regulated crane must provide a load chart for the regulated crane that is specific to that type of crane.

(2) An owner of a regulated crane must ensure that the crane's load chart is kept with the crane.

(3) An owner of a regulated crane must immediately replace a load chart if it is damaged or if the information on the chart is not clearly legible.

16. An owner of a regulated crane must ensure that a crane operator has access to the crane manual for any of the owner's regulated cranes that the crane operator operates.

17. An owner of a regulated crane must make any information requested by a CO inspector available for review for a compliance audit, including all of the following:

(a) information on the operation of the regulated crane;

(b) evidence or records of a current maintenance contract or any other information on the maintenance of the regulated crane;

(c) evidence or records related to CO certificates of competency, CO licences or endorsements.

18. The notice of an incident required under Section 13 of the Act must be given by telephone, fax or e-mail no later than 24 hours after the incident occurs and must be followed by a written report if required by the Administrator or the Administrator's designate.

2. (1) In these regulations,

"Act" means the Technical Safety Act;

"apprentice" means an apprentice registered under the Apprenticeship and Trades Qualifications Act and enrolled in a program under that Act to qualify to perform the regulated work of a crane operator;

"articulating boom" means a boom that is all of the following:

(i) it is typically constructed of hollow structural steel sections with each section of a smaller cross-section housed inside the next larger section,

(ii) it is supported and raised or lowered by a hydraulic cylinder attached to the boom and crane superstructure,

(iii) it can be increased or diminished in length by telescoping each section of boom through hydraulic actuation,

(iv) it is capable of articulating or pivoting, at multiple points along the boom, in the vertical plane using hydraulic actuation,

(v) it is capable of including a winch for lifting a load;

"boom" means a structural arm that supports, lifts, moves or guides a load by means of a rope, cable, block, hook or other rigging hardware;

"boom truck" means a lifting device that meets all of the following criteria:

(i) it is mounted on and powered by 1 of the following:

(A) a commercial truck chassis with a carrying deck designed to carry a payload,

(B) a truck tractor semi-trailer,

(ii) it has a rated lifting capacity of more than 4.5 tonnes (5 tons),

(iii) it has a telescoping or articulating boom;

"bridge" means that part of an overhead travelling crane that carries the trolley or trolleys across a horizontal plane and meets all the following criteria:

(i) it has 1 or more girders,

(ii) it has 1 or more trucks,

(iii) it has a drive mechanism;

"CO certificate of competency" means a certificate of competency granted to an individual under Section 26 of the Act by the CO chief inspector in recognition of the individual's qualifications to perform the regulated work the class of certificate covers;

"CO chief inspector" means the inspector designated as the chief inspector for the purposes of the Act and these regulations;

"CO fees" means the fees for crane operator services set by the Minister in the Technical Safety Fees Regulations made under the Act;

"CO inspector" means an inspector designated for the purposes of the Act and these regulations;

"CO licence" means a licence granted to an individual under Section 23 of the Act that authorizes the individual to perform regulated work according to the class of licence and as specified in the licence;

"CO standards" means the standards for crane operators established or adopted by the Minister in the Technical Safety Standards Regulations made under the Act;

"crane operator" means an individual who holds a CO licence and any endorsement required under these regulations, or is deemed to hold a CO licence under Section 52 of the Act;

"designated rigger" means an individual designated by an owner of a regulated crane to perform the rigging for a lift with the crane;

"direct supervision", in relation to a trainee, means that the trainee is supervised by a crane operator who

(i) has control over the trainee's activities,

(ii) instructs and directs the trainee, and

(iii) is able to be in direct communication with the trainee whenever the trainee is performing the duties of a crane operator;

"endorsement" means an authorization granted to an individual under Section 22 of the Act by the CO chief inspector, in conjunction with either a CO certificate of competency or a CO licence, that authorizes the individual to perform regulated work according to the type and class of endorsement;

"lattice boom" means a boom that meets all of the following criteria:

(i) it is typically constructed of tubular or structural steel chords with steel lacings that interconnect to form a rigid frame,

(ii) it is supported by a gantry or mast,

(iii) it is raised or lowered by a series of wire ropes and sheaves attached to the gantry or mast and to the lifting device's superstructure,

(iv) it can be increased or diminished in length by manually adding or removing sections;

"lattice boom crane" means a mobile crane that is equipped with a lattice boom;

"logbook" means a bound book with numbered pages or a record kept in electronic format approved by the CO chief inspector that is used for keeping a record of the operation, inspections, testing, maintenance and servicing performed on a regulated crane;

"mobile crane" means a lifting device that meets all of the following criteria:

(i) it is equipped with a lattice or telescoping boom,

(ii) it is mounted on a chassis or structure designed specifically to carry or transport the lifting device,

(iii) it is mounted on a turret or turntable designed to rotate the lifting device in the horizontal plane,

(iv) it has a manufacturer's rated lifting capacity of more than 4.5 tonnes (5 tons);

"monorail" means the part of an overhead travelling crane that carriers the trolley or trolleys in 1 or more directions and meets all the following criteria:

(i) it has 1 overhead beam,

(ii) it has a truck,

(iii) it can have a drive mechanism;

"operator's seat" means the place where a crane operator is located to operate the controls for a regulated crane to hoist or control the movement of the load for the crane;

"overhead travelling crane" means a lifting device that is used for raising, lowering, transporting or moving material and meets all of the following criteria:

(i) it is mounted on wheels,

(ii) it travels overhead on rails or beams that are either fixed overhead or supported from the ground,

(iii) it incorporates a power-driven drum and bridge and a cable or rope,

(iv) it uses a bridge and trolley, or monorail and trolley, and a winch for moving a load in the vertical and horizontal planes,

(v) it has a rated lifting capacity of more than 9.1 tonnes (10 tons);

"rated lifting capacity" means the rated lifting capacity specified by the manufacturer that is the maximum load lifting capacity at the highest lifting angle that can be attained by the crane at the minimum load lifting radius;

"regulated crane" means a crane prescribed as a regulated product in clauses 3(a) to (f);

"rigging" means performing a load calculation and selecting, configuring or installing the rigging hardware between the point of lift of the crane and a load;

"rigging hardware" means a device or devices used to attach a load to the point of lift of a crane and includes chains, cables, wires, ropes, webbing, buckets, grapples, shackles, hooks, rings or slings used by the devices;

"self-erecting tower crane" means a portable tower crane that meets all of the following criteria:

(i) it is capable of self-erection by means of articulation from a position for transport to a position for operation,

(ii) it does not require a concrete base to support the crane,

(iii) it has a rated lifting capacity of less than 40 meter tonne (144.3 feet ton),

(iv) it operates by remote control or pendant control;

"supervision" means supervision by an individual who is able to be immediately contacted by the individual requiring supervision;

"telescoping boom" means a boom that meets all of the following criteria:

(i) it is constructed of hollow structural steel sections with each section of a smaller crosssection housed inside the next larger section,

(ii) it is supported and is raised or lowered by a hydraulic cylinders attached to the boom and the lifting device's superstructure,

(iii) its length can be increased or diminished by telescoping each section of boom through hydraulic actuation,

(iv) it can include a winch to lift a load;

"trainee" means an individual, including an apprentice, who is in a training program and actively pursuing a CO certificate of competency or a certificate of competency to perform the regulated work of a crane operator;

"tower crane" means a lifting device that meets all of the following criteria:

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

(ii) it has either a stationary boom with a trolley or a luffing boom or jib,

(iii) it is the travelling, fixed, articulating, telescoping or climbing type,

(iv) it is used exclusively for raising, lowering, transporting or moving material,

(v) it is designed so that it can be assembled and disassembled for use at various sites,

(vi) it is not a mobile crane outfitted as a tower crane.

(2) A term defined in Section 2 of the Technical Safety General Regulations made under the Act has the same meaning when used in these regulations.

3. Except as provided in Section 4, all of the following are prescribed as regulated products under the Act and these regulations:

(a) boom truck;

(b) lattice boom crane;

(c) mobile crane;

(d) overhead travelling crane;

(e) tower crane;

(f) self-erecting tower crane;

(g) any part of the devices or structures listed in clauses (a) to (f).

4. All of the following products are exempt under subsection 6(2) of the Act from the Act and these regulations:

(a) a lifting device used exclusively for raising, lowering or towing motor vehicles;

(b) a machine that is not considered a lifting device but has been converted or adapted to be used for lifting including all of the following machines:

(i) a power shovel,

(ii) an excavator,

(iii) a dragline,

(iv) a concrete pump,

(v) a conveyor,

(vi) an auger,

(vii) a drill,

(viii) an amusement ride;

(c) a railway operating subject to a federal enactment;

(d) a lifting device on a vessel that is subject to the Canada Shipping Act (Canada) and is floating on navigable water and not permanently attached to a land-based structure;

(e) a worker's hoist or material hoist;

(f) an elevating device within the meaning of the Elevators and Lifts Act or the Technical Safety Act;

(g) powered mobile equipment, which means equipment that is used for primary wood processing and meets all of the following criteria:

(i) it is designed to operate on land, other than a public highway,

(ii) it is self-propelled.

5. Except as provided in Section 6, the work and duties of a crane operator as covered by the classes of licences in Section 26 are prescribed as regulated work under the Act and these regulations.

6. (1) All of the following work is exempt under subsection 6(2) of the Act from the Act and these regulations:

(a) work by an individual installing, setting up or testing a regulated crane when under the supervision of the crane operator responsible for the regulated crane;

(b) if approved by the CO chief inspector, the operation of a regulated crane that is an integral component of a continuous manufacturing process.

(2) In clause (1)(b), "continuous manufacturing process" means a production or assembly-line manufacturing process in which items of a consistent weight and configuration are moved repetitively using engineered lifts by an overhead travelling crane.

7. A certification organization recognized or accredited by the Standards Council of Canada is prescribed as a recognized certification organization under the Act and these regulations for the purposes that the certification organization is recognized or accredited by the Standards Council of Canada.

8. (1) Subject to subsection (2), the CO chief inspector must classify a regulated crane in accordance with the classes prescribed for regulated cranes as set out in the following table:

Table

(2) The CO chief inspector must place a regulated crane that does not fit the classes prescribed in subsection (1) into the class that most closely corresponds to the crane, considering all of the following:

(a) the class that most closely describes the crane,

(b) the rated lifting capacity of the crane.

9. (1) An owner of an overhead travelling class crane may apply to the CO chief inspector for a minor variance to have the rated lifting capacity of the crane reduced and the crane reclassified.

(2) An owner of an overhead travelling crane that has had its rated lift capacity and classification altered under subsection (1) may apply to the CO chief inspector to change back to the original rated lifting capacity and classification.

27. (1) A trainee is not required to hold the class of CO licence and any endorsement required to perform regulated work if all of the following conditions are met:

(a) the trainee is under the direct supervision of a crane operator who has charge of the crane at all times;

(b) any regulated work performed by the trainee is within the scope of the class of CO licence and any attached endorsements held by the supervising crane operator;

(c) the trainee complies with all the other requirements of the Act and these regulations.

(2) An owner of a regulated crane must ensure that a trainee who is not an apprentice registers with the CO chief inspector before beginning training and performing regulated work under these regulations.

(3) An owner of a regulated crane must ensure that all of the following are met for a trainee performing regulated work on the regulated crane:

(a) all of the conditions in subsection (1);

(b) the direct supervision provided to a trainee is appropriate for the risk associated with the regulated work the trainee is performing;

(c) the trainee is not permitted to perform a category of regulated work unless the supervising crane operator has first documented that the trainee is capable of performing the regulated work.

(4) An owner of a regulated crane must submit a plan of the training program to the CO chief inspector for approval for any trainee who is not an apprentice.

(5) The examination and training requirements for a class of CO certificate of competency or CO licence and payment of the applicable CO fees apply to a trainee.

13. Where an incident occurs, the owner or operator shall notify the Administrator or the Administrator's designate of the incident as prescribed in the regulations.