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]

14. (1) Where a person is exposed to the risk of drowning at a workplace, an employer must do 1 of the following:

(a) subject to subsection (2), select, provide and ensure the use of a life jacket or personal flotation device for the person;

(b) provide an alternative means of protection that ensures an equivalent level of safety to prevent a person from drowning.

(2) If a person working alone is exposed to the risk of drowning and is not visible to or within hearing distance of another person who is in a position to immediately come to their aid, an employer complying with clause (1)(a) must ensure the life jacket or personal flotation device selected, provided and used by the person is designed to provide buoyancy without any effort by the user and to rotate an unconscious person to an upward facing position in the water.

(3) A life jacket or personal flotation device selected in accordance with clause (1)(a) or required by subsection (2), must meet all of the following requirements:

(a) it is approved by Transport Canada, Canadian Coast Guard or US Coast Guard;

(b) it is appropriate for the weight of the person who will wear it;

(c) it has sufficient buoyancy to keep the person's head above water.

(4) Where a person is exposed to the risk of drowning at a workplace, an employer must provide all of the following rescue equipment:

(a) a life buoy with 15 m of polypropylene rope that is at least 10 mm in diameter or that is made from material that provides an equivalent level of protection;

(b) a boat hook;

(c) an audible alarm system to notify of an accident and to initiate the rescue procedure;

(d) an adequate motor boat to ensure a safe and timely rescue, if appropriate.

(5) Where a person is exposed to the risk of drowning at a workplace, an employer must ensure that enough employees are

(a) designated to perform specific rescue tasks;

(b) informed as to adequate rescue procedures; and

(c) trained in the rescue procedures and use of rescue equipment so that they can perform rescue operations safely.

(6) Where work is being done above water that has a fast current, if reasonably practicable, a line that meets all of the following criteria must be placed across the water:

(a) it is made of polypropylene rope that is 10 mm in diameter or material that provides an equivalent level of protection;

(b) it has buoys or some other flotation device attached to it.

(7) A person that is exposed to the risk of drowning must wear a life jacket or personal flotation device as required by this Section.

[N.S. Reg. 53/2013, s. 14]

169. (1) An employer shall ensure that an excavation or trench in which a person works is kept reasonably free of water.

(2) Where a person may be exposed to a hazardous substance or to an oxygen rich atmosphere in an excavation or trench, an employer shall ensure that, before the person enters the excavation or trench,

(a) testing is performed to

(i) determine the concentration of any hazardous gas, vapour or dust, flammables, the concentration of oxygen and oxygen deficiency in the atmosphere in the immediate area of the excavation or trench where the work is to be performed,

(ii) ensure that the concentration of a chemical substance or a mixture of chemical substances in the excavation or trench does not exceed its occupational exposure limit under Part 2: Occupational Health of the Workplace Health and Safety Regulations made under the Act or 50% of its lower explosive limit, and

(iii) ensure that the level of oxygen in the atmosphere in the excavation or trench is not less than 19.5% and not more than 22.5%, unless the employer can demonstrate that an unsafe oxygen level is not possible in the circumstances; and

(b) adequate precautions are taken to reduce the risk of injury to a person.

(3) No person shall store hazardous substances in an excavation or trench.

(4) An employer shall provide, at or near the sides of all temporary excavations greater than 1.2 m in depth, fences, guards or barricades that prevent a person from falling into an excavation, and shall keep those fences, guards or barricades in place at all times, except where they interfere with the excavation or other work being done.

[N.S. Reg. 52/2000, s. 88; 53/2013, s. 73]

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.

21.2 (1) Except as provided in subsections (3) to (5), fall protection is required if a person is at risk of falling from a work area where the fall distance is

(a) 3 m or more above the nearest safe surface or water;

(b) less than 3 m and the work area is above 1 of the following:

(i) a surface or thing that could cause injury to the person on contact that is worse than an injury from landing on a solid, flat surface,

(ii) exposed hazardous material, such as in an open tank, pit or vat.

(2) If fall protection is required, an employer must ensure that at least 1 of the following means of fall protection is used, as appropriate in the circumstances:

(a) a guardrail;

(b) temporary flooring;

(c) a personnel safety net;

(d) a travel restraint system;

(e) a fall-arrest system.

(3) Fall protection is not required for a person who is entering or exiting a work area by a safe means of access and egress.

(4) Fall protection is required only where reasonably practicable and to the extent reasonably practicable in any of the following circumstances:

(a) if work must be performed on or from a vehicle, rail car or other mobile equipment;

(b) if it is not reasonably practicable to perform work other than from a ladder and it is not reasonably practicable for the person performing the work to maintain adequate contact with the ladder while performing the work;

(c) if the density of tree branches prevents an arborist from crotching.

(5) If it is not reasonably practicable to use fall protection in the circumstances described in subsection (4), an employer must ensure that an alternate control measure is used to reduce, to the extent reasonably practicable, the risk of a fall.

21.3 (1) Except as provided in subsection (2), an employer must establish a written fall-protection safe-work procedure for the type of work to be performed in any work area where fall protection is required and the maximum fall distance is less than 7.5 m.

(2) A written fall-protection safe-work procedure is not required under subsection (1) if any of the following conditions apply:

(a) all persons performing the work are protected by a permanent guardrail;

(b) the work is performed from a work-platform described in Sections 23.12 to 23.15 of Part 23: Scaffolds and Other Elevated Work-platforms and all persons performing the work are using adequate fall protection.

(3) A fall-protection safe-work procedure must be based on a hazard assessment of the work typically performed by the employer and must include all of the following information:

(a) the nature of the work to be performed;

(b) the typical duration of the work;

(c) a description of the work;

(d) a list of the primary tools or equipment used in the work;

(e) reference to applicable health and safety legislation and regulations;

(f) a list of potential fall hazards of the work and their associated risks;

(g) the risk controls to be used to prevent injury to persons coming in contact with known hazards;

(h) the effect of weather conditions;

(i) the name of the person or position that has supervisory responsibility for the work, whether the person is present at the work area or not;

(j) the training and qualifications required for persons who will perform the work, as determined by the employer;

(k) a method for communicating the fall-protection safe-work procedure to any person who may be affected by the procedure.

21.4 (1) Except as provided in subsection (2), an employer must establish a specific written fall-protection safe-work plan for a specific work area where fall protection is required and the fall distance is 7.5 m or more.

(2) A specific written fall-protection safe-work plan is not required under subsection (1) if any of the following conditions apply:

(a) all persons performing the work are protected by a permanent guardrail;

(b) the work is performed from a work-platform described in Sections 23.12 to 23.15 of Part 23: Scaffolds and Other Elevated Work-platforms and all persons performing the work are using adequate fall protection;

(c) the work is performed by an emergency services agency in accordance with Section 1.16.

(3) A fall-protection safe-work plan must be established based on a hazard assessment of the specific work to be performed in the work area and must include all of the following information:

(a) the nature of the work to be performed;

(b) the anticipated duration of the work;

(c) a description of the work;

(d) a list of the primary tools or equipment to be used in the work;

(e) reference to applicable health and safety legislation and regulations;

(f) a list of potential fall hazards of the work and their associated risks;

(g) the fall-protection system or systems to be used at the work area;

(h) any anchorages to be used during the work;

(i) if a fall-arrest system is to be used, confirmation that the clearance distances below the work area are sufficient to prevent a person from striking

(i) the nearest safe surface or water,

(ii) a surface or thing that could cause injury to the person on contact, or

(iii) exposed hazardous material, such as an open tank, pit or vat;

(j) a procedure to address the risks associated with the potential for swing as a result of anchorage placement when a person is using a fall-arrest system;

(k) the procedures to be used to assemble, maintain, inspect, use and disassemble a fall-protection system, as applicable;

(l) schedules for inspecting any fall-protection systems and the names of any persons responsible for carrying out the inspections;

(m) adequate written rescue procedures to be used if a person falls and requires rescue, including if a person is suspended by a fall-arrest system or personnel safety net;

(n) the effect of weather conditions;

(o) the name of a designated competent person to supervise the work area;

(p) the training and qualifications required for persons who will perform the work, as determined by the employer;

(q) a method for communicating the fall-protection safe-work plan to any person who may be affected by the plan.

(4) If a workplace has more than 1 work area for which a fall-protection safe-work plan is required, an employer may create a separate plan for each specific work area or one overall plan for the workplace that includes all of the requirements necessary for each specific plan.

32. (1) In addition to the notice of an accident required by Section 63 of the Act, the mine manager must notify the Director no later than 24 hours after any of the following:

(a) an outbreak of fire of any size, if it is unplanned, uncontrolled or endangers a person or property;

(b) at a coal mine, any occurrence of an open flame that is not permitted under these regulations, including a flamed charge;

(c) an unplanned sudden release or in-rush of water, mud, slurry or debris;

(d) a gas outburst;

(e) a premature or unexpected explosion of explosives, gas or dust, or a misfire;

(f) an unplanned or unexpected fall of rock or a rockburst that does any of the following:

(i) impairs ventilation,

(ii) impedes the passage of persons,

(iii) causes injury to a person,

(iv) causes a person to withdraw from the area,

(v) disrupts work for more than 1 hour;

(g) at a coal mine, the failure of a main fan or booster fan or any changes that result in air flow changing by more than 15% in any area from the airflow noted on the ventilation plan;

(h) at a coal mine, a flammable gas concentration equal to or greater than 0.5% by volume in the air being tested in a non-explosion risk zone;

(i) at a coal mine, a flammable gas concentration equal to or greater than 2% by volume in the air being tested in an explosion risk zone;

(j) 2 occurrences during any 30-day period of a dust, mist or gas concentration greater than the occupational exposure limit for the dust, mist or gas;

(k) test results that exceed twice the occupational exposure limit;

(l) at a coal mine, coal dust concentrations that exceed the limits specified in subsection 188(1), as shown by an analysis of successive samples of dust from the same area of the mine.

(2) A record must be completed of any of the occurrences specified in subsection (1) and of all of the following:

(a) a flammable gas concentration equal to or greater than the concentration specified in any of the following provisions:

(i) clause 241(6)(a), respecting a visual alarm from a flammable gas monitor on or near an electrical installation,

(ii) subsection 242(2), respecting flammable gas concentrations in a return airway of a coal mine,

(iii) subsection 243(2), respecting flammable gas concentrations at an electrical installation at a longwall working face in a coal mine,

(iv) subsection 246(2), respecting flammable gas concentrations in non-explosion risk zone of a coal mine;

(v) Section 249, respecting flammable gas concentrations of 1.25% in a coal mine,

(vi) Section 250, respecting flammable gas concentrations of 2.0% in a coal mine,

(vii) Section 260, respecting flammable gas concentrations of 0.25% in [a] non-coal mine;

(b) an evacuation of persons because of a high flammable gas concentration;

(c) at a coal mine, coal dust concentrations that exceed the limits specified in subsection 188(1);

(d) an unplanned or unexpected fall of rock that exceeds 3 t or any rockburst;

(e) a work refusal related to health or safety;

(f) treatment of a person in a hospital for injury received at the mine;

(g) a failure of a hoist safety device during use or test;

(h) asphyxiation of a person;

(i) mobile equipment going out of control;

(j) an accident or incident involving a mine hoisting plant;

(k) cracking or subsidence of a bulkhead, dam, permanent stopping or explosion-proof barrier;

(l) an accident or incident involving an electrical installation that may have resulted or resulted in personal injury or property loss;

(m) in a coal mine, a failure of equipment that is not intrinsically safe or not flameproof;

(n) the introduction of a type of electrical installation that does not comply with a standard listed in subsection 194(1);

(o) a discrepancy found in the inventory of explosives required by Section 466.

(3) A record made under subsection (2) must be kept for as long as the mine is in operation.

(4) The mine manager must give notice of a record completed under subsection (2) to the committee or representative, if any, as soon as reasonably practicable and provide a copy of the record to the committee or representative, if any, on request.

40. An employer who proposes to sink or deepen a shaft must ensure a report is prepared that includes all of the following:

(a) details on the ventilation of the shaft;

(b) the manner in which water in the shaft will be handled or controlled;

(c) in relation to shaft deepening, an updated ventilation plan;

(d) details on the procedure and equipment that will be used in the shaft sinking or deepening.

108. (1) If gravity is used to transfer solid material through an opening, adequate precautions must be taken to ensure that water, frozen material or water-bearing material do not enter the opening in such quantities as to present a hazard to a person.

(2) If an ore pass or waste pass in an active working is found to contain enough water or saturated material to cause a flow, the mine manager must ensure that a procedure for the safe removal of the water or saturated material is prepared by a competent person.

111. (1) At least 30 days before starting work, an employer must file with the Director a plan and procedure certified by an engineer that explains the work to be done and how the work will be done, including an estimated start date, if the employer proposes to perform work related to mining within 100 m of any of the following:

(a) a working, active or abandoned, on an adjacent property;

(b) an abandoned working at the mine site;

(c) a body of water or material that could flow;

(d) a potentially dangerous pocket of gas.

(2) No work referred to in subsection (1) may proceed until the Director orders the adoption of the plan and procedure as a code of practice under Section 66 of the Act.

112. If a drill hole makes contact with a potentially dangerous accumulation of water or pocket of gas, all of the following must be done:

(a) all work must stop immediately and all persons must withdraw to a safe area until, aside from work and persons involved in controlling the influx of water or gas, all of the following have been completed:

(i) a competent person has evaluated the situation and made a report, and the report has been signed by the manager,

(ii) appropriate measures have been taken to control the hazard;

(b) if the contact is with flammable gas, the concentration of flammable gas must be continuously monitored using an appropriate gas monitor during any further work in the area.

113. In a coal mine, if a working face is advancing towards a point that is less than 300 m from a body of water or material that could flow, all of the following must be done:

(a) at least 1 hole must be drilled at least 16 m ahead of the advancing working face;

(b) if there is a solid barrier of competent, unworked material of 150 m or less between a body of water and the roof of a face, all of the following must be carried out:

(i) soundings must be taken, at reasonable distances, for the purposes of determining the depth of the water, to a distance of at least 300 m in advance of the working face,

(ii) measurements must be taken at the working face at least once every 3 months to determine the thickness of the barrier,

(iii) the location of the soundings and the measurements required by subclauses (i) and (ii) must be marked on a plan of the underground workings that is kept readily available for examination by mine workers.

308. (1) A shaft must meet all of the following criteria:

(a) the shaft must be designed in accordance with generally accepted engineering principles;

(b) the shaft must be constructed according to a design certified by an engineer;

(c) the shaft must have a means for guiding each shaft conveyance that prevents contact with another shaft conveyance or with shaft furnishings;

(d) except during shaft sinking, the shaft must have an overwind clearance that is long enough to exceed the stopping distance of the shaft conveyance when travelling at the maximum speed permitted by the hoist controls.

(2) Except during shaft sinking or if chairs are used to land a skip during loading, the distance between the lowest shaft station and the bottom of a shaft or any shaft obstruction below the lowest shaft station must exceed the stopping distance of the shaft conveyance when travelling at the maximum speed permitted by the hoist controls.

(3) Except during shaft sinking, a barrier or obstruction must be installed high enough in a shaft to prevent the shaft conveyance from contacting water in the shaft bottom if there is a reasonable likelihood that a shaft conveyance could contact standing water in the shaft bottom.

(4) A shaft that uses a friction hoist must be equipped with tapered guides or other similar devices in accordance with all of the following conditions:

(a) the devices must be attached above and below the designed limits of travel of the shaft conveyance and counterweight;

(b) the devices must be arranged to act as a direct physical brake that decelerates and stops the shaft conveyance and counterweight if they go above or below their designed limits of travel.