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]

55. An employer shall ensure that a hoist, lift truck or powered mobile equipment is erected, installed, assembled, started, operated, used, handled, stored, stopped, inspected, serviced, tested, cleaned, adjusted, maintained, repaired, modified and dismantled in accordance with the manufacturer's specifications, or the specifications certified by an engineer.

[N.S. Reg. 52/2000, s. 26; 53/2013, s. 93]

56. An employer shall ensure that a hoist, lift truck or powered mobile equipment

(a) is operated by a competent person;

(b) has gears and moving parts securely guarded by adequate means where necessary to prevent a hazard to a person in the workplace;

(c) has any load on it adequately secured where necessary to prevent a hazard to a person in the workplace; and

(d) is provided with safe means of access and exit from the operator's position and any passenger's position.

[N.S. Reg. 52/2000, s. 27; 53/2013, s. 93]

57. (1) An employer shall designate one or more competent persons as a signaller to direct the safe movement of a load, hoist, lift truck or powered mobile equipment where the operator of that hoist, lift truck or powered mobile equipment

(a) does not have an adequate view of the load;

(b) does not have a clear view of the route the load is to take;

(c) is not able to see clearly around the equipment when moving and has not taken measures sufficient to ensure that no person is exposed to a hazard as a result of the movement of equipment;

(d) is not able to see clearly where the hoist or its load may encroach the minimum distance specified in Section 126 or a hoist is positioned closer than the length of its boom to an overhead energized power line or power line equipment; or

(e) is causing the equipment to move under its own power from one location to another and the situation creates a hazard in the workplace.

(2) A signaller shall

(a) be readily identifiable to the operator;

(b) direct the movement of a load or equipment by a well understood distinctive code of hand signals or another effective communication system;

(c) warn the operator each time

(i) any part of the hoist or its load may encroach on the minimum distance specified in Section 126, or

(ii) the hoist is positioned closer than the length of its boom

from an overhead energized power line or power line equipment; and

(d) obtain the assistance of another signaller if all or part of the view of the load or route is obstructed from both the signaller and the operator.

(3) An operator of a hoist, lift truck or powered mobile equipment in a situation referred to in subsection (1) shall move a load only on a signal from a signaller.

[N.S. Reg. 52/2000, s. 28; 53/2013, s. 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]

60. An employer shall ensure that a hoist, lift truck or powered mobile equipment is not altered in such a way as to render ineffective a safety device or control, except where the change has been certified in writing by the manufacturer or an engineer to afford protection equal to or greater than the protection afforded by the original safety device or control.

[N.S. Reg. 52/2000, s. 31; 53/2013, s. 93]

61. An employer shall take adequate precautions to ensure that a hoist, lift truck or powered mobile equipment does not tip or roll over.

[N.S. Reg. 53/2013, s. 93]

63. (1) An employer shall ensure that, where reasonably practicable, powered mobile equipment and lift trucks manufactured on or after January 1, 1974, are equipped with rollover protective structures that meet the minimum safety requirements of the latest versions of the following standards:

(a) CSA standard B352.0 , "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial and Mining Machines - Part 1: General Requirements", or is certified by an engineer or the manufacturer to provide equivalent or better protection;

(b) where applicable, CSA standard B352.1 , "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines - Part 2: Testing Requirements for ROPS on Agricultural Tractors", or is certified by an engineer or the manufacturer to provide equivalent or better protection; and

(c) where applicable, CSA standard B352.2 , "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines - Part 3: Testing Requirements for ROPS on Construction, Earthmoving, Forestry, Industrial, and Mining Machines", or is certified by an engineer or the manufacturer to provide equivalent or better protection.

(2) Where reasonably practicable, an employer shall ensure that powered mobile equipment or lift trucks manufactured before January 1, 1974 are equipped with rollover protective structures that meet the requirements of subsection (1) or

(a) a rollover protective structure and supporting attachments are designed, fabricated and installed in such a manner to support not less than twice the weight of the equipment, based on the ultimate strength of the material and integrated loading of the supporting members with the resultant load applied at the point of impact;

(b) there is a vertical clearance of 1320 mm between the deck and the rollover protective structure at the access openings; and

(c) the rollover protective structure and supporting attachments referred to in clause (a) are certified as meeting the requirements of clause (a) by the manufacturer of the rollover protective structure, the installing agency or an engineer.

(3) An employer shall ensure that modifications, alterations or repairs made to a rollover protective structure that affect the structural integrity of the structure meet the requirements of this Section and that the designing agency, the installing agency or an engineer certifies that modifications, alterations or repairs meet the requirements of this Section.

[N.S. Reg. 52/2000, ss. 33, 34; 53/2013, ss. 29, 93]

64. An employer shall ensure that welding on a rollover protective structure that affects the structural integrity of the structure is performed by a competent person.

[N.S. Reg. 53/2013, s. 93]

65. (1) An employer shall ensure that powered mobile equipment and lift trucks that have been fitted with rollover protective structures have

(a) seat belts for the operator and passengers that comply with or exceed the latest version of the applicable SAE standard listed below:

(i) SAE J386, "Operator Restraint System for Off-Road Work Machines",

(ii) SAE J800, "Motor Vehicle Seat Belt Assembly Installation"; or

(b) where the wearing of seat belts is not reasonably practicable, restraining devices such as shoulder belts, bars, gates, screens or other similar devices designed to prevent the operator and passengers from being thrown outside the rollover protective structure.

(2) An operator of and passengers on powered mobile equipment or a lift truck shall use the seat belts or restraining devices referred to in subsection (1) while the equipment is in motion.

[N.S. Reg. 52/2000, s. 35; 53/2013, ss. 30, 93]

66. An employer shall ensure that glazing or rigid plastic materials used as part of an enclosure for a cab, canopy or rollover protective structure on a hoist, lift truck or powered mobile equipment is adequate in the circumstances where it is used, and is immediately replaced if it presents a hazard, including permanent interference with visibility.

[N.S. Reg. 53/2013, s. 93]

67. (1) Unless otherwise authorized by an enactment, no person shall operate a lift truck or powered mobile equipment with passengers on the truck or equipment, unless the manufacturer's specifications for the truck or equipment state that the truck or equipment is designed to accommodate them safely.

(2) An employer shall ensure that powered mobile equipment and lift trucks that have an internal combustion engine are provided with fire protection equipment adequate for the hazards of the equipment or vehicles.

(3) An employer shall

(a) ensure that mirrors or other devices are installed and maintained at blind intersections where there may be a danger of a collision between a lift truck or powered mobile equipment and another object or a person; or

(b) establish a written procedure that provides an equivalent level of safety.

[N.S. Reg. 52/2000, ss. 36, 37; 53/2013, ss. 31, 93]

68. Where work with a hoist, lift truck or powered mobile equipment is carried out in an area where dust may create a hazard to a person in the workplace because of poor visibility, an employer shall take steps to reduce the amount of dust in the air so as to protect a person from the risk of injury.

[N.S. Reg. 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]

70. (1) An employer shall ensure that a hoist, lift truck or powered mobile equipment that has wire ropes, drums and sheaves is inspected

(a) visually on a daily basis by the operator of the equipment; and

(b) visually and manually by a competent person on a weekly basis.

(2) An employer shall ensure that, where a person works under a hoist, lift truck, or powered mobile equipment that is raised from the ground, the equipment is provided with blocking or other adequate means of support in case the means of lifting the equipment fails.

[N.S. Reg. 53/2013, s. 93]

81. (1) An employer must ensure that a lift truck is designed, constructed, maintained, inspected, and operated in accordance with the latest version of the applicable standard listed below:

(a) CSA standard CSA B335 , "Safety standards for lift trucks";

(b) ANSI standard ANSI/ITSDF B56.1, "Safety Standard for Low Lift and High Lift Trucks";

(c) ANSI standard ANSI/ITSDF B56.6, "Safety Standard for Rough Terrain Forklift Trucks".

(2) An employer must ensure that every supervisor and operator of a lift truck has been provided with the necessary information, instruction, training, supervision, facilities, and equipment required for the safe operation of the equipment in accordance with the standards in subsection (1), as applicable.

[N.S. Reg. 53/2013, s. 35]

82. (1) An employer must ensure that a lift truck is operated in a manner that will not endanger a person.

(1A) Where a lift truck is propelled by an internal combustion engine in a building or other enclosed structure, the employer must ensure adequate ventilation, monitoring and record keeping practices are carried out to ensure exposure from exhaust gases does not exceed the occupational exposure limit for the gas under Part 2: Occupational Health, of the Workplace Health and Safety Regulations made under the Act.

(2) An employer shall ensure that where a lift truck is operated

(a) in a one-way aisle, the width of the aisle equals at least the width of the vehicle or load being carried, whichever is wider, plus 600 mm; and

(b) in a two-way aisle, the width of the aisle equals at least twice the width of the vehicle or load being carried, whichever is wider, plus 900 mm.

(3) An employer must ensure that a lift truck that is propelled by propane has all engine and fuel components designed, assembled, examined, inspected, operated and maintained in accordance with the latest version of CSA standard CSA B149.2 , "Propane Storage and Handling Code".

[N.S. Reg. 53/2013, ss. 36, 93]

83. Repealed. [N.S. Reg. 53/2013, s. 37]

126. (1) In this Section and in Section 128, "authority" means an electrical utility whose primary business is the generation or distribution of electricity.

(2) No person shall carry out work that may bring a person or object closer than 6.0 m to an overhead energized power line or power line equipment where the voltage of the overhead energized power line is not known to the person carrying out the work.

(3) Where work is performed in close proximity to an energized overhead power line or power line equipment rated at less than 750 v phase to phase, an employer shall ensure that the work is performed no closer than 1 m from the power line or power line equipment to ensure the safety of every person in the workplace from the electrical hazard.

(4) An employer shall ensure that no work is carried out, and no person shall carry out work that may bring a person or object closer than the distances set out in the following table to an overhead energized power line or power line equipment rated at greater than or equal to 750 v phase to phase:

Table

(5) Despite subsections (3) and (4), where a person is about to commence work that may bring a person or object closer than a distance specified in subsection (3) or (4) to an overhead energized power line or power line equipment described in subsection (3) or (4), an employer shall not permit the person to commence work until the employer has contacted the authority owning or operating the energized power line or power line equipment and

(a) ensured that the energized powerline or power line equipment is insulated or guarded in an adequate manner; or

(b) provided an alternative means of protection from the electrical hazard that provides an equivalent level of safety.

(6) This Section does not apply to

(a) work performed by a competent person employed, contracted or authorized by an authority;

(b) equipment owned by an authority or an employer contracted or authorized by the authority, that is used in the installation, operation, maintenance, repair, dismantling or other work performed on the power line or power line equipment; or

(c) work performed on an energized power line or power line equipment where the employer has, in advance of the work,

(i) determined the degree of electrical insulation on the power line and power line equipment,

(ii) determined the level of electricity to which the power line or equipment will or may be energized,

(iii) obtained from an engineer, or the manufacturer of the power line and power line equipment, a written certification indicating that a person or object may be brought closer than the distances permitted by this Section, and

(iv) ensured that the work is performed by a competent person in an adequate manner consistent with the recommendations of the engineer or manufacturer providing the certification under subclause (iii).

[N.S. Reg. 53/2013, s. 51]

21.1 In this Part,

"arborist" means a person trained and employed, in whole or in part, to climb trees for an economic or scientific purpose, including any of the following:

(i) detecting and treating disease, infections or infestations,

(ii) pruning, spraying or trimming,

(iii) repairing damaged trees,

(iv) assessing growth or harvesting potential;

"body belt" means a body support device that encircles the body at or about the waist;

"energy absorber" means a component of a fall-protection system consisting of a device that dissipates kinetic energy and does not return it to the fall-arrest system or into a person's body;

"fall distance" means the vertical distance a person may fall, measured from the surface where the weight of a person is supported to the surface the person could fall onto;

"fall-arrest system" means a fall-protection system consisting of an assembly of components that arrests a person's fall when properly assembled, used together and connected to a suitable anchorage;

"fall-protection system" means any secondary system that is intended to prevent a person from falling or arrests a fall that occurs, and includes guardrails, temporary flooring, travel-restraint systems, personnel safety nets and fall-arrest systems;

"full-body harness" means a body-holding device, similar to a parachute harness, that transfers suspension forces or impacts during a fall arrest to a person's pelvis or skeleton;

"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;

"horizontal lifeline" means a flexible line made from wire, fibre rope, wire rope, or rod, with end terminations at both ends, that extends horizontally from one end anchorage to another;

"lanyard" means a flexible line or strap used to secure a full-body harness to an energy absorber, fall-arrester, lifeline or anchorage;

"lifeline" means a component of a fall-protection system consisting of a vertical lifeline or a horizontal lifeline;

"personnel safety net" means a fall-protection system that uses at least 1 net to stop a person who is falling before the person makes contact with a lower level or obstruction;

"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 that complies with Part 23: Scaffolds and Other Elevated Work-platforms;

"safe surface" means an area that meets all of the following criteria:

(i) it is large enough and strong enough to adequately support a person who falls,

(ii) it is level enough to prevent a further fall by a person who has fallen,

"self-retracting device" means a device that arrests a person's fall by performing a tethering function while allowing vertical movement below the device to the maximum working length of the device;

"temporary flooring" means a fall-protection system consisting of a horizontal working surface that is designed, constructed and installed to provide access to areas that do not have permanent flooring by protecting a person from falling through an unprotected opening;

"travel restraint system" means a fall-protection system that will prevent a person from reaching an unprotected edge or opening;

"vertical lifeline" means a flexible lifeline with an end termination on the top end that is connected to an anchorage or anchorage connector and hangs vertically from where it is connected;

"work-platform" means a raised temporary horizontal working surface that provides access and support to a person at a workplace;

"work-positioning system" means an assembly of components that, when properly assembled and used together, supports a person in a position or location so that the person's hands are free in the work position, but does not include a boatswain's chair, ladder, rope access or scaffold.

23.12 (1) An employer must ensure that a lift truck work-platform is designed, maintained, inspected and operated in accordance with the latest version of ANSI standard ANSI/ITSDF B56.1, "Safety Standard for Low Lift and High Lift Trucks".

(2) While a person is on a lift truck work-platform, the lift truck used to lift a person must be operated only under the following conditions:

(a) it must be operated by a competent person who must be continuously at the controls;

(b) it must not be moved laterally over large distances;

(c) it or the platform may be moved slowly to make minor adjustments only.

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.