Fall Protection Regulations

c t OCCUPATIONAL HEALTH AND SAFETY ACT FALL PROTECTION REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to March 6, 2021. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca PART 1 - DEFINITIONS AND APPLICATION Occupational Health and Safety Act Fall Protection Regulations Section 1 c OCCUPATIONAL HEALTH AND SAFETY ACT Chapter O-1.01 FALL PROTECTION REGULATIONS Pursuant to section 46 of the Occupational Health and Safety Act R.S.P.E.I. 1988, Cap. O-1.01, Council made the following regulations: PART 1 - DEFINITIONS AND APPLICATION 1. Definitions (1) In these regulations (a) “Act” means the Occupational Health and Safety Act; (b) “anchor point” means a secure point of attachment for a lifeline or lanyard; (c) “ANSI” means the American National Standards Institute; (d) “arborist” means a worker trained and employed, in whole or in part, to climb trees for any economic or scientific purpose, including (i) detection and treatment of disease, infections or infestations, (ii) pruning, spraying or trimming, (iii) repairing damaged trees, (iv) assessing growth or harvesting potential, or (v) scientific research; (d.1) “ASSP” means the American Society of Safety Professionals; (d.2) “body belt” means a body support device that encircles the body at or about the waist; (e) revoked by EC125/21; (f) “CSA” means the Canadian Standards Association (CSA Group); (g) “competent person” means a person who is (i) qualified because of that person’s knowledge, training and experience to do the assigned work in a manner that will ensure the health and safety of persons in the workplace, and (ii) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work; (h) “debris net” means a net that is used to catch material and debris that can drop from work areas; c t Current to: March 6, 2021 Page 3 PART 1 - DEFINITIONS AND APPLICATION Section 1 Occupational Health and Safety Act Fall Protection Regulations (i) “fall arrest system” means a collection of equipment components configured to arrest a fall; (j) “full body harness” means a body-holding device that includes shoulder, chest, sub- pelvic, and thigh straps; (k) “guardrail” means a temporary system of vertical and horizontal members that warn of a fall hazard and reduce the risk of a fall; (l) “lanyard” means a flexible tether used to secure a worker to a lifeline, anchorage, or anchorage connector; (l.1) “lifejacket” means a device that (i) provides a specified buoyancy that will turn the wearer face-up on entry to water and keep the wearer in that position, and (ii) is approved by Transport Canada, or an agency permitted by Transport Canada to approve lifejackets, and bears a mark or label indicating that approval; (m) “lifeline” means a vertical line attached to a fixed anchor point or a static line and to which a lanyard and a ropegrab may be attached; (n) “means of fall protection” means a harness, net, rope, structure or other equipment, or device or means of (i) restraining a worker who is at risk of falling, or (ii) stopping a worker who has fallen; (n.1) “personal flotation device” means a device that (i) provides a specified buoyancy that will support a conscious person in an upright or backward-leaning position in water, and (ii) is approved by Transport Canada, or an agency permitted by Transport Canada to approve personal flotation devices, and bears a mark or label indicating that approval; (o) “personnel safety net” means a net that is used to catch a worker during a fall; (p) “practicable” means physically possible in light of current knowledge and invention; (q) “reasonably practicable” means practicable unless the person on whom a duty is placed can show that there is a gross disproportion between the benefit of the duty and the cost, in time, trouble and money, of the measures to secure the duty; (r) “ropegrab” means a mechanical fall arrest device that (i) is attached to a lifeline and a lanyard, and (ii) locks itself immediately on the lifeline in the event of a fall; (s) “safe means of access and egress” means equipment or a structure that is built to prevent falls by workers entering or leaving a work area; (t) “safe surface” means a surface at a workplace that (i) has sufficient size and strength to adequately support a worker who falls on to the surface, and (ii) is sufficiently horizontal to prevent a further fall from the surface by a worker who has fallen on to the surface; (u) revoked by EC125/21; (v) “softener” means padding or hoses that are used with a lifeline or static line to prevent a rope from being cut or chafed; (w) “static line” means a rope (i) that is attached horizontally to two or more fixed anchor points, and Page 4 Current to: March 6, 2021 t c PART 2 - GENERAL REQUIREMENTS Occupational Health and Safety Act Fall Protection Regulations Section 2 (ii) to which a fall arrest system is attached; (x) “temporary flooring” means a horizontal working surface that (i) is designed to give access to areas that do not have permanent flooring, and (ii) will prevent a worker from falling; (y) “work area” means a location at the workplace at which a worker is, or may be required or permitted to be, stationed and includes a work platform; (z) “work platform” means a temporary horizontal working surface that provides access to a work area and support to a worker at the work area. Inconsistencies with incorporated standards (2) Where there is an inconsistency between a provision of these regulations and a standard or a manufacturer’s specification incorporated by reference in these regulations and a requirement of this Part, the provision of these regulations prevails to the extent of the inconsistency. Self-employed person (3) A duty or requirement that is imposed on an employer or a worker under these regulations applies to a self-employed person, with such modifications as the circumstances require. Waiver (3.1) The Director may waive the application of these regulations to a particular workplace or work area if the Director is satisfied that acceptable safety standards will be observed at that workplace or work area. Measurements of lumber (4) Measurements of lumber in these regulations are nominal for dressed dimensions, unless rough lumber or dimensions are specified. (EC633/04; 125/21) PART 2 - GENERAL REQUIREMENTS 2. Employer required to provide means of fall protection (1) Where a worker is exposed to the hazard of falling from a work area that is (a) 3 m or more above the nearest safe surface or water; (b) above a surface or thing that could cause injury to the worker if the worker were to fall on the surface or thing; or (c) above an open tank, pit or vat containing hazardous material, the employer of the worker shall ensure that (d) the worker is provided with a fall arrest system that meets the requirements of section 3; (e) a guardrail that meets the requirements of section 4 is constructed or installed at the work area; (f) a personnel safety net that meets the requirements of section 6 is installed at the work area; (g) temporary flooring that meets the requirements of section 9 is constructed or installed at the work area; or c t Current to: March 6, 2021 Page 5 PART 2 - GENERAL REQUIREMENTS Section 2 Occupational Health and Safety Act Fall Protection Regulations (h) the worker is provided with another means of fall protection that provides a level of safety equal to or greater than a fall arrest system that meets the requirements of section 3. Worker to wear fall arrest system or other means of fall protection (2) Where, in accordance with subsection (1), an employer provides a worker with a fall arrest system, or with another means of fall protection that includes a harness or other item that is designed to be worn by the worker using it, the worker shall wear the fall arrest system or means of fall protection while the worker is in the work area. Exception (3) Where a worker is entering or exiting a work area by a safe means of access and egress, subsections (1) and (2) do not apply to the worker or the employer of the worker. Idem (4) Notwithstanding subsections (1) and (2), where, at a work area, (a) a worker must perform work on or from a vehicle or other mobile equipment; (b) it is only practicable for a worker to perform work from a ladder and it is not practicable for the worker to maintain three points of contact while performing the work from the ladder; or (c) a worker who is an arborist must perform work from a tree and the density of tree branches prevents the arborist from crotching, the employer of the worker shall provide a means of fall protection, and the worker shall wear it if it may be worn, only where and to the extent that is reasonably practicable. (EC633/04; 125/21) 2.1 Required training in use of a means of fall protection (1) Where, in accordance with subsection 2(1) or (4), an employer of a worker provides the worker with a means of fall protection for use at a work area, the employer shall ensure the worker is trained in the use of the means of fall protection by a competent person and that the training includes (a) training in the use, care and inspection of the means of fall protection; and (b) a review of the provisions of these regulations that apply to the means of fall protection. Training records required (2) An employer shall (a) maintain a training record for each worker during, and for a period of two years following, the worker’s employment with the employer; and (b) make the record available to an officer upon the officer’s request. Contents (3) A training record referred to in subsection (2) shall include (a) the name of the worker who received the training; (b) the date on which the training took place; (c) the name of the competent person providing the training; and (d) any training material provided to the worker. (EC304/12) Page 6 Current to: March 6, 2021 t c PART 3 - FALL ARREST SYSTEMS Occupational Health and Safety Act Fall Protection Regulations Section 3 PART 3 - FALL ARREST SYSTEMS 3. Fall arrest systems (1) A fall arrest system that is provided, in accordance with subsection 2(1), to a worker at a work area as a means of fall protection shall (a) be adequately secured to (i) an anchor point, or (ii) a lifeline that is (A) securely fastened to an anchor point, or (B) attached to a static line that is securely fastened to an anchor point that is capable of withstanding either the maximum load likely to be imposed on the anchor point or a load of 17.8 kN, whichever is greater; (b) include a lanyard (i) that is attached to an anchor point or lifeline, where practicable, above the shoulder of the worker, and (ii) that complies with CSA Standard Z259.11-17 Personal Energy Absorbers and Lanyards; (c) prevent a free fall greater than 1.22 m where (i) the fall arrest system is not equipped with a shock absorption system that complies with CSA Standard Z259.11-17 Personal Energy Absorbers and Lanyards and that reduces the shock level of any fall to less than 4 kN, or (ii) the combined free fall and shock absorbed deceleration distance exceeds the distance between the work area and a safe surface; and (d) include a full body harness that (i) is attached to a lanyard, (ii) is adjusted to fit the user of the harness, and (iii) complies with CSA Standard Z259.10-18, Full Body Harness. Lifelines – requirements (2) Where a fall arrest system provided to a worker includes a lifeline, the lifeline shall (a) comply with CSA Standard Z259.2.4-15, Fall Arresters and Vertical Rigid Rails or CSA Standard Z259.2.5-17, Fall Arresters and Vertical Lifelines, as applicable; (b) extend to a safe surface below the work area; (c) be secured at the bottom of the lifeline to prevent tangling or disturbance of the line; (d) be securely attached to an anchor point; (e) be free of knots, lubricants and imperfections; (f) be free of splices, except as are necessary to connect the lifeline to an anchor point; (g) be provided with softeners at all sharp edges or corners to protect against cuts or chafing; and (h) be clearly identified as a lifeline by colour or by another means that provides an equivalent level of safety. c t Current to: March 6, 2021 Page 7 PART 3 - FALL ARREST SYSTEMS Section 3 Occupational Health and Safety Act Fall Protection Regulations Lifelines - restrictions (3) No worker shall (a) use a lifeline in a fall arrest system while that fall arrest system is being used by another worker; or (b) provide a rope for use, or permit a rope to be used, as a lifeline in a fall arrest system if the rope has been used for another purpose. Ropegrabs (4) Where a fall arrest system provided to a worker includes a ropegrab, the ropegrab used shall comply with CSA Standard Z259.2.5-17, Fall Arresters and Vertical Lifelines. Self-retracting device (4.1) Where a self-retracting device is used as a component of a fall arrest system, the device shall comply with CSA Standard Z259.2.2-17, Self-Retracting Devices. Connecting components (4.2) The employer shall ensure the components of a fall arrest system provided to a worker comply with CSA Standard Z259.12-16, Connecting Components for Personal Fall-Arrest Systems (PFAS). Inspection (5) An employer who provides a worker with a fall arrest system shall ensure the fall arrest system is inspected by a competent person prior to each work shift undertaken by the worker. Employer to be advised of defective components (6) A competent person who carries an inspection of a fall arrest system shall advise the employer as to whether any of the components of the fall arrest system are defective in condition or function. Removal from service where defective (7) Where an employer is advised by a competent person that any of the components of a fall arrest system are defective in condition or function, the employer shall ensure that the fall arrest system is not used until every defective component is replaced or repaired. Removal from service after arresting fall (8) Where a fall arrest system has arrested the fall of a worker at a work area, the employer of the worker shall ensure that the fall arrest system (a) is removed from service and inspected by a competent person; and (b) is repaired, before it is reused, to the original manufacturer’s specifications, if the inspection of the competent person reveals that any component of the fall arrest system is defective. Static lines (9) Where a fall arrest system provided to a worker includes a static line, the static line shall (a) have a nominal diameter of at least 12.7 mm; (b) be equipped with vertical supports at least every 9 m; (c) have a maximum deflection, when taut, of no greater than 381 mm for a 9 m span; (d) be equipped with turnbuckles or other comparable tightening devices that provide an equivalent level of protection, at the ends of the static line; Page 8 Current to: March 6, 2021 t c PART 4 - GUARDRAILS Occupational Health and Safety Act Fall Protection Regulations Section 4 (e) be made of Improved Plow Wire Rope; (f) be equipped with softeners at all sharp edges or corners to protect against cuts or chafing; (g) be made only of components that are able to withstand either the maximum load likely to be imposed on the components or a load of 8 kN, whichever is greater; and (h) comply with CSA Standard Z259.13-16, Manufactured Horizontal Lifeline Systems and CSA Standard Z259.16-15, Design of Active Fall Protection Systems. Fall arrest systems for arborists (10) Where a fall arrest system is provided to a worker who is an arborist, the fall arrest system shall (a) include a tree climbing or tree trimming harness or saddle; (b) be adequately secured to (i) an anchor point, or (ii) a lifeline that is (A) securely fastened to an anchor point, or (B) attached to a static line that is securely fastened to an anchor point; (c) include a climbing rope or safety strap; (d) where practicable, include a second climbing rope or safety strap that (i) provides additional stability, and (ii) back-up fall protection; and (e) be capable of withstanding either the maximum load likely to be imposed or a load of 17.8 kN, whichever is greater. Fall protection plan (11) Where an employer uses a fall arrest system or a personnel safety net as a means of fall protection, the employer shall have a written fall protection plan that specifies (a) the procedure to assemble, maintain, inspect, use and disassemble the fall arrest system or personnel safety net; and (b) the procedure for the rescue of a worker who has fallen and is suspended by the fall arrest system or personnel safety net, but is unable to effect self rescue. (EC633/04; 125/21) PART 4 - GUARDRAILS 4. Construction and installation requirements (1) A guardrail that is constructed or installed at a work area, in accordance with subsection 2(1), shall (a) extend around (i) any uncovered opening in a floor or other surface, and (ii) the perimeter or other open side of a floor, mezzanine, balcony or other surface, at the work area from which a worker may be exposed to the hazards of a fall described in clauses 2(1)(a) to (c); (b) have posts that (i) are spaced at intervals of not more than 2.4 m; and c t Current to: March 6, 2021 Page 9 PART 4 - GUARDRAILS Section 5 Occupational Health and Safety Act Fall Protection Regulations (ii) are secured against movement by the attachment of the posts to the structure under construction or that is otherwise being worked on, or by another means that provides an equivalent level of safety; (c) have a top railing that is between 0.91 and 1.06 m above the surface of the protected working area and that is securely fastened to posts secured in compliance with subclause (b)(ii); (d) have a toeboard, securely attached to the posts and the structure to which the posts are secured, extending from the base of the posts to a height of 102 mm; and (e) have an intermediate railing on the inner side of the posts midway between the top railing and the toeboard. Wooden guardrails (2) Where a wooden guardrail is constructed or installed at a work area, the guardrail shall, in addition to the requirements of subsection (1), (a) have top and intermediate railings and posts that are at least 51 mm by 102 mm; (b) have a toeboard that is at least 25 mm by 75 mm; and (c) be made of (i) Grade Two or better spruce, or (ii) other lumber that provides an equivalent level of safety to the type of lumber referred to in subclause (i). Wire rope railings (3) Where a guardrail that is constructed or installed at a work area has wire rope railings, the guardrail shall, in addition to the requirements of subsection (1), (a) have top and intermediate railings that are at least 8 mm in diameter; (b) be identified with high visibility markings placed every 1.5 m on the top railing; and (c) have top and intermediate railings that are equipped with turnbuckles or other means that provide adequate tension to ensure an equivalent level of protection to that provided by the wooden railings required under subsection (2). Manufactured guardrails (4) Notwithstanding anything to the contrary in subsection (1), an employer may have a manufactured guardrail installed or constructed at a work area if it provides an equivalent level of protection to that provided by a wooden guardrail that complies with the requirements of subsections (1) and (2). (EC633/04) 5. Building shafts Where, at a work area, (a) there is no work platform installed at the level of a doorway or opening in a building shaft; and (b) the employer is required by these regulations to have a guardrail constructed or installed at the work area, the employer shall ensure that the guardrail is marked with a warning sign that indicates the presence of an open building shaft. (EC633/04) Page 10 Current to: March 6, 2021 t c PART 5 - SAFETY NETS Occupational Health and Safety Act Fall Protection Regulations Section 6 PART 5 - SAFETY NETS 6. Personnel safety nets (1) Where an employer has a personnel safety net installed at a work area, in accordance with subsection 2(1), the employer shall ensure that (a) the personnel safety net is installed not more than 4.6 m below the work area; (b) the personnel safety net extends 2.4 m on all sides beyond the work area; (c) the personnel safety net is installed and maintained so that the maximum deflection when arresting the fall of a worker does not allow any portion of the worker to contact another surface; (d) the personnel safety net is installed to ensure that no obstructions or intervening members may be struck by a worker during a fall between the work area and the personnel safety net; and (e) where two or more personnel safety nets are connected to form a larger unit, they shall be laced with a lacing material equal in strength to the mesh rope or webbing. Manufacture, use, etc. (2) Subject to subsection (1), an employer who has a personnel safety net installed at a work area shall ensure it is manufactured, used, maintained, inspected and stored in accordance with ANSI/ASSP Standard A10.11-2010 Safety Requirements for Personnel Nets. (EC633/04;125/21) 7. Debris nets (1) Where a worker having access to an area below an elevated work area is exposed to the hazard of falling objects or debris from the work area, the employer of the worker shall ensure that (a) a debris net is installed below the work area in accordance with subsection (2); or (b) some other means of protection is provided that provides an equivalent level of protection from falling objects and debris. Manufacture, use, etc. (2) An employer who, in accordance with subsection (1), has a debris net installed below an elevated work area shall ensure it (a) is manufactured, used, maintained, inspected and stored in accordance with ANSI/ASSP Standard A10.37-2016 Debris Nets Systems Used During Construction and Demolition Operations; and (b) is installed not more than 4.6 m below the elevated work area. (EC633/04; 125/21) PART 6 - BODY BELTS 8. Body belt standards Where an employer provides a body belt to a worker, the employer shall ensure that the body belt complies with CSA Standard Z259.1-05, Body Belts and Saddles for Work Positioning and Travel Restraint.. (EC633/04; 125/21) c t Current to: March 6, 2021 Page 11 PART 7 - TEMPORARY FLOORING Section 9 Occupational Health and Safety Act Fall Protection Regulations PART 7 - TEMPORARY FLOORING 9. Requirements Where temporary flooring is constructed or installed at a work area, in accordance with subsection 2(1), it shall (a) be constructed or installed at each floor level of the work area where work is in progress; (b) extend over the whole work area except for any openings necessary for the carrying out of work; (c) be able to withstand four times the maximum load likely to be imposed on it; and (d) be securely fastened to and supported on members that are able to withstand four times the maximum load likely to be imposed on them. (EC633/04) PART 8 - MEASURES REQUIRED WHERE RISK OF DROWNING 10. Risk of drowning (1) Where a worker is exposed to the hazard of falling from a work area and there is a risk of drowning if the worker does fall, the employer shall (a) provide to the worker a lifejacket or personal flotation device where the work area is less than 3 m above the surface of the water; (b) provide rescue equipment that includes (i) an adequate boat to ensure a safe and timely rescue, (ii) a life buoy attached with 15 m of rope that is at least 10 mm in diameter and that is made from polypropylene or other material that provides an equivalent level of protection, (iii) a boat hook, (iv) an audible alarm system to notify of an accident and to initiate the rescue procedure; and (c) ensure that workers who are (i) designated to perform specific rescue tasks, (ii) properly informed as to the proper rescue procedures, and (iii) trained in the use of the rescue equipment in order to perform rescue operations in a safe manner, are available in such numbers as are needed in the circumstances to perform rescue operations safely. Worker to wear personal floatation device (2) Where, in accordance with subsection (1), an employer provides a worker with a lifejacket or personal flotation device, the worker shall wear the lifejacket or personal flotation device while the worker is in the work area. Page 12 Current to: March 6, 2021 t c PART 8 - MEASURES REQUIRED WHERE RISK OF DROWNING Occupational Health and Safety Act Fall Protection Regulations Section 10 Maintenance (3) Where inflatable lifejackets or personal flotation devices are used, the employer shall ensure that (a) the lifejackets and devices are inspected and maintained in accordance with the manufacturer’s instructions and recommendations; and (b) records of all inspections and maintenance are maintained for the life of the lifejacket or device. Work performed over fast current (4) Where work is being performed above water that has a fast current and where it is practicable, an employer shall ensure that a line is placed across the water that (a) is at least 10 mm in diameter or is made of polypropylene or other material that provides an equivalent level of protection; and (b) has a buoy or some other flotation device attached. Idem (5) For greater certainty, an employer is not required to provide a worker with a lifejacket or personal flotation device under subsection (1) where the worker is protected by a means of fall protection in accordance with subsection 2(1). (EC633/04; 125/21) c t Current to: March 6, 2021 Page 13