MOL & OHSA review Municipal Building Inspectors · MOL & OHSA review. Municipal Building...

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Operations | Occupational Health & Safety | Employment Standards |

Ministry of Labour

MOL & OHSA reviewMunicipal Building Inspectors

October 2011

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The following material is presented in 2 parts:

Part One: provides a very brief overview of the structure of the Construction Regulation under OHSA.

Part Two: a more specific look at the Construction Regulation with a focus on the top “killer contraventions” that are more frequently encountered on a construction site.

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Part One

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• Industrial Regulations O.Reg 851• Retail Stores• Office buildings• Warehouses• Factories

• Construction Regulations O.Reg 213/91• Residential Home Building• Commercial and Industrial Construction• Road Building and Repair

• Mining Regulation O.Reg 854• Surface Mine• Underground Operations

Legislation: Occupational Health and Safety Act (OHSA)

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Diving Regulations O.Reg 629/94Window Cleaning Regulation O.Reg 859Asbestos Regulation O.Reg 278/05Roll Over Protective Structures (ROPS) O.Reg 856WHMIS O.Reg 860Farming Regulation O.Reg 414/05

Legislation: Occupational Health and Safety Act (OHSA)

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Establish a system of responsibilities

Define minimum acceptable risk level

Provide for worker participation

Provide for better trained workers

Encourage collaboration

Protect workers from reprisal

Provide framework for enforcement

Objectives of the OHSA

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Constructor:Person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer.

Employer:

Person who employs one or more workers or contracts for the services of one or more workers

Owner:Includes a trustee, receiver, mortgagee in possession, tenant, lessee, or occupier of any lands or premises used or to be used as a workplace

DefinitionsSection 1

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Project:A construction project, whether public or private;

Supervisor:A person who has charge of a workplace or authority over a worker,

Worker:A person who performs work or supplies services for monetary compensation

Workplace:Any land premises, location or thing at, upon, in or near which a worker works;

DefinitionsSection 1

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ConstructorA constructor shall ensure…that…every employer and every worker performing

work on the project complies with this Act and the regulations;

WorkerA worker shall…use or wear the equipment, protective devices or clothing that the

worker’s employer requires to be used or worn;

Hazardous MaterialsAn employer, shall ensure that all hazardous materials present in the workplace

are identified…

DutiesSections 23 – 32, 37

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Workers

Supervisor

Employer(s)(Contractors)

Workers

Supplier ProfessionalEngineer

Architect

Workers

Supervisor

Constructor(General or Principal Contractor)

Responsibility Tree

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Part I – General

Part II – General Construction

Part III – Excavations

Part IV – Tunnels, Shafts, Caissons Cofferdams

Part V – Work in Compressed Air

Construction RegulationsThe Construction Regulations are divided into 5 parts

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Section 1: Definition of terms used in RegulationSection 2: ApplicationSection 3: EquivalencySection 4: Designating parts of a project as a

separate projectSection 5 - 7: Registration and notificationSection 8 – 12: Reporting of accidentsSection 13 – 19: General Requirements

Part I General-StructureSections 1 - 19

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Part ll General Construction

Sections 20 - 221

Highlights:Section 21-27: Personal Protective EquipmentSection 35-43: Housekeeping, material movement, gasesSection 46: VentilationSection 52-58: Fire SafetySection 64-69: Public Way and Traffic ControlSection 70-84: Access/Egress and laddersSection 125-149: Scaffolds and elevating work platformsSection 150-180: Cranes, Hoisting and riggingSection 181-195: Electrical HazardsSection 207-221: Roofing and demolitionSection 221.1-221.19:Confined space

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Part Two

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Killer Contraventions

The top 4 “killer contraventions” on construction projects are:

• Falls (Section 26)

• Electrical Contact/ Electrocution (Sections 188,189,194)

• Being struck by vehicles and equipment (Sec. 67)

• Trench collapse and crushing (Sec. 235)

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FallsFall Protection Mandatory : Section 26

OHSA quite clearly requires that a worker shall be adequately protected by a guard rail system that meets specific requirements which are set out in Section 26.3, subsections 2 through 8.

These sections outline acceptable wooden and wire rope guardrail systems and the specifications they must meet.

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Hierarchy of fall protectionGuardrails

MostProtective Travel restraint

Fall restricting

LeastProtective Fall arrest/safety nets

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FallsGuardrail systems – rather than fall arrest systems – are the preferred way to prevent falls, wherever possible. Constructors and employers should, where reasonably possible, install guardrails as per section 26.1 (1) of the Construction Projects Regulation. Workers must be protected where reasonably possible by a guardrail system that meets regulated requirements when they are at risk of:

• falling more than 3 metres (10 feet) • falling more than 1.2 metres (4 feet), if the work area is used as a path for a wheelbarrow or similar • equipment • falling into operating machinery • falling into water or another liquid • falling into or onto a hazardous substance or object • falling through an opening on a work surface

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Falls

Where guardrails or other protection is not in place, you must use a fall-arrest or travel-restraint system if you are in danger of falling:

• more than 3 meters • into operating machinery • into water or another liquid • into or onto a hazardous substance or object.

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Falls

Fall Protection Mandatory : Section 26

If it is not reasonably possible to in stall a guardrail system as required a worker shall be adequately protected by at least one of the following methods of fall protection:

(1) A travel restraint system(2) A fall restricting system(3) A fall arrest system(4) A safety net

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Falls - Fall Protection

Fall arrest is the most common system. It stops a fall within a few feet of the worker's original position. A full body harness is required with a fall-arrest system. A typical system consists of the following parts connected together:

• full body harness (CSA-certified) • lanyard (with locking snap hooks or D-clips) • rope grab • lifeline • lifeline anchor.

A fall-arrest system must be worn when you are on a rolling scaffold that is being moved or when you are getting on, working from, or getting off suspended access equipment such as a swingstage or bosun's chair

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Falls - Fall Protection

Travel-restraint systems prevent falls by restraining a worker from getting too close to an unprotected edge.

A travel restraint system must be arranged to keep the worker back from the fall hazard area. The system usually consists of:

• safety belt of full body harness (CSA-certified) • lanyard • rope grab • lifeline • lifeline anchor.

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Falls (cont.)

Guardrails

RailsPoint load capabilityHeightToe BoardLocation

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Falls (cont.)

Protective Coverings: Section 26.3(2)

2. A protective covering that,i. completely covers the opening,ii. Is securely fastened,iii. Is adequately identified as covering an opening,iv. Is made from material adequate to support all loads to which

the covering may be subjected, andv. is capable of supporting a live loads of at least 2.,4

kilonewtons per square meter without exceeding the allowable unit stress for the material used

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Falls (cont.)

Fall Arrest System

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Falls – Examples of Non-compliance

Six foot stepladder stands on unguarded scaffold platform 20 feet above ground.

Worker(s) worked on stepladder at least 23 feet above ground without using fall protection.

Scaffold should have standard guardrail on outside three sides, except for break for access.

Ladder should be tied off at top to scaffold.

Worker on scaffold platform next folds ladder and hands it to worker on ladder,

who hands it to worker on ground.

http://myconstructionphotos.smugmug.com/Construction-Collections/Construction-Hazard-Slides/2213775_Zt8rp/1/115254832_Um4f#41727918_nxuCg-A-L

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Roofers at edge of roof, without fall protection, manhandle lifting and tying off flared top of trash chute with which to funnel old roofing material into

dump truck.

http://myconstructionphotos.smugmug.com/Construction-Collections/Construction-Hazard-Slides/2213775_Zt8rp/1/115254832_Um4f#115251495_phdb

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Poor housekeeping:

Work area should be kept clean of all slip/trip and fall hazards. Signs should be posted where building access is adjacent to construction site.

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Nail guns are extremely dangerous when used in an unsafe manner such as this. Sequential trip trigger nail guns reduce the frequency of nail gun accidents. No fall protection no PPE. Workers must be provided with fall protection, either by eliminating the hazard, a passive fall protection system (guard rails), fall restraint or a fall arrest system.

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No fall protection or PPE. Workers must be provided with fall protection either by eliminating the hazard, a passive fall protection system (guardrails), fall restraint or a fall arrest system. Employers should ensure all workers are provided the correct PPE, eye protection, gloves, harnesses, etc.

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Electrical Hazards

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Electrical Hazards (cont.)

Proximity to Overhead : Section 188

Intent:Specific limits of approach for work performed around overhead conductors. Specifies procedures when vehicles or equipment are in position or will work within limits of approach. To make sure procedures are developed and workers are instructed in the procedures

Constructor Duties:Establish and implement written procedures,Make a copy of written procedures available to every employer on the project

Employer Duties:Provide a copy of written procedures to a worker before work begins and to explain them

Worker Duties:Shall follow written measures and procedures

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Electrical Hazards (cont.)

Proximity to Overhead : Section 189

Intent:

To allow workers to encroach the minimum distance in order to maintain energized overhead conductors by establishing procedures including protective equipment to protect workers

Requirement for written measures and procedures to be established and implemented

Requirement for workers to follow written measures and procedures

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Electrical Hazards (cont.)Switch, Panel Board: Section 194

Intent:Electrical panel board specifications

Vertically mounted in a secure fashion and un-insulated parts carrying current shall be coveredLocated where water will not accumulate and within easy reach of and readily accessible to workersClear of any obstructions in the area in frontNo switches to be locked in a closed positionProvided with a device for locking the enclosure

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Electrical Hazards (cont.)Switch, Panel Board: Section 194

This image shows an example of a safe work practice.

Electrical breaker box should be kept closed. Area around breaker box should be kept clean and free from clutter.

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Electrical Hazards – Examples of non-compliance

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Electric shock hazard, no GFCI, no eye protection.

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Spliced electrical extension cords. Extension cords should be marked DO NOT USE. Bad housekeeping, trip hazard and unprotected hole in photograph.

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Struck by material/equipment

Struck by objects are a major source of critical injuries and fatal accidents. About 75% of deaths involve-Struck by heavy equipment such as trucks and cranes.

Common accidents are not only vehicles but also falling and flying objects. This type of accident is more likely if the worker is on or near cranes or scaffolding or if they are hit by shrapnel, nails or the use of power tools.

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Struck by material/equipment

Workers being potentially struck by or pinned by material/equipment or being injured because of equipment overturns. These incidents are often due to the insufficient training of operators or lack of procedures on the job to accommodate the safe use of equipment.

Incidents can also occur due to the inadequate maintenance of equipment

Traffic control and Protection

Signal Person Reg. 213/91 - 188(8)Traffic Protection Project Planning Reg.213/9167 - 69Protection plan, protective measures, traffic control person, signsReversing Reg. 213/91 - 104(1)(2)Planned and organized to do as little as possibleDump Truck Alarm Reg. 213/91 - 105When operating in reverseSignal Person Reg. 213/91 - 104(3) 106Requirement and training of signal person

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Struck by material/equipment - continued

Workers being potentially struck by or pinned by material/equipment or being injured because of equipment overturns. These incidents are often due to the insufficient training of operators or lack of procedures on the job to accommodate the safe use of equipment.

Incidents can also occur due to the inadequate maintenance of equipment

Electrical Hazards

Signage Reg. 213/91 - 44(3)(e)In area of overhead wires.Proximity to Overhead Lines Reg. 213/91 - 188(2)Written Procedures Reg. 213/91 - 188(4), 190(2)Precautions Reg. 213/91 - 188(5)Warning devices, written notification, signage at operator’s station.

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Struck by material/equipment (cont.)

Material Handling

Material Storage and movement Reg. 213/91- 37 In a manner that does not endanger a worker

Material and equipment Reg. 213/91 – 39 Stored in a manner that prevents tipping, collapsing or rolling

Storage of Material Reg. 213/91 - 40(1)(c) 1.8 metres of an opening, edge or excavation

http://www.nyinjuryfirm.net/index.html

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Fall hazard on open side, also potential hazard to workers or others on lower level from falling objects. Workers should have eye protection and boots to prevent punctures from sharp objects (nails). Loose wire subject to physical damage. Carpenters should be using knee pads for this operation.

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Equipment General

Brakes and Seat Reg. 213/91 - 97(1)(2) Be equipped per regulationMeans of Access Reg. 213/91 – 98 To operator’s stationOverhead Protection Reg. 213/91 – 98 Where exposed to overhead hazardDrawing and Towing Reg. 213/91 – 100 per regulationLeave controls unattended Reg. 213/91 – 102 per regulation, ticketable offenceNo load over worker Reg. 213/91 – 103 Trenches for sewer and water connectionsNo work platform Reg. 213/91 – 107 Supported by machine that is capable of movingGuarding Reg. 213/91 – 109 Gear, pulley, belt, chain, shaft, flywheel, saw and other mechanically operated part that may endanger a workerMiscellaneous object hazard Reg. 213/91 – 113 Left in a location or manner that mayendanger a worker

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Brick cutting, bad housekeeping too much debris in area. No GFCI on electrical cord, T- pole not secured

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No fall protection. Installation of the plywood flooring would eliminate the fall hazard and the potential of dropping building materials (tools, AC unit, nails, etc) to a lower level.

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Part lll Excavations

Sections 222 - 242

Highlights:Section 222: ApplicationSection 224: EntrySection 225: Working aloneSection 226-227: Soil TypesSection 228-229: Precautions for services and adjacent

structuresSection 230-233: General requirementsSection 234-242: Support SystemsSection 207-221: Roofing and demolitionSection 221.1-221.19: Confined space

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Shoring HazardsSection 224 states no worker shall enter an excavation that does not meet the requirements.

Section 225 states work shall not be performed in a trench unless another worker is working above ground in close proximity to the trench or to the means of access to it.

Danger Signs

The following are indications of unsafe worksites:

• Cracks parallel to trench;• Large rocks in walls;• Material shaken loose by vibration;• Bulge in Belly of trench;• Spoil to close to edge;• Water seeping through the walls.

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Soil Types

Type 1 Soil (s. 226(2))• Is hard, very dense and only able to be penetrated with difficulty by a small sharp object.• Has a low natural moisture content and a high degree of internal strength.• Has no signs of water seepage.• Can be excavated only by mechanical equipment.

Type 2 Soil • Is very stiff, dense and can be penetrated with moderate difficulty by a small object.• Has low to medium natural moisture content and a medium degree of internal strength.• Has a damp appearance after it is excavated.

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Soil Types - continued

Type 3 Soil• Is stiff to firm and compact to loose in consistency or is previously excavated soil.• Exhibits signs of surface cracking.• Exhibits signs of water seepage.• If it is dry, may run easily into a well-defined conical pile.• Has a low degree of internal strength.

Type 4 Soil• Is soft to very soft and very loose in consistency, very sensitive and upon disturbance is

significantly reduced in natural strength.• Runs easily or flows, unless it is completely supported before excavating procedures.• Has almost no internal strength.• Is wet or muddy, and exerts substantial fluid pressure on its supporting system.

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Services 228Intent: To identify and locate potential underground services which could be a hazard to workers prior to and during excavation work.

Duty/Responsibility: Constructor, Employer, Supervisor, Operator/Worker

Other Related Sections and Information:Section 31, 224Employer must request locate at owner’s discretion to provide locates, no jurisdiction to Employer/Owner to provide.Under section 3, MOL to accept locates done by contractors based on permission from the Owner (of the service) and schematics being provided, if any. Uncovering services using Hydrovac systems TSSA and ESA – have jurisdiction over Owners on certain utilities with regards to grounding.Copies of TSSA, ESA and ORCGA guidelines (new practice)

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Shoring 234-239Intent: Requirements for support systems for the walls of excavations subject to certain exemptions. These exemptions include: depth of excavation, worker in the excavation, sloping and Engineer certificate.

Duty/Responsibility: Employer, Supervisor, Engineer, Constructor

Other Related Sections and Information:Sections 19, 31, 241

Sloping options:Sloping criteria in Types 1, 2,3, and 4 soils.

Support System options:Timber built in placeHydraulicTrench Boxes/Prefabricated SystemsSpecialized Engineered systems

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Shoring Hazards

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Criminal Code

The criminal code reads

Excavation on land(2) Every one who leaves an excavation on land that he owns or of which he has charge or

supervision is

• under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident

• And is adequate to warn them that the excavation exists

Offences(3) Every one who fails to perform a duty imposed by subsection (1) and (2) is guilty of

• Manslaughter, if the death of any person results there from;• (ban offence under section 269, if bodily harm to any person results there from or• An offence punishable on summary conviction.

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Examples of Unsafe/Non-compliant Trenches or excavations

This construction site has inadequate sloping, no shoring or trench shield, no safe egress, improper use of ladders, and cluttered walking and working surfaces. These hazards expose employees to potential broken bones and severe lacerations from slips, trips, and falls and to serious injuries or death from being crushed or suffocated from a cave-

in.

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Badly supported scaffold, excavation beneath scaffolding not shored

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The workers shown here could suffer severe injuries or death from a potential cave-in. The trench has no sloping, shoring, shielding, or safe exit; the workers

have no hard hats or personal protective equipment.

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The spoil pile is required to be at least 1 meter from the edge of the trench and/or retained to prevent it from falling into the trench.

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Trenching & excavation, no shoring and/or benching evident. One worker inside trench, two workers sitting on unprotected sides of excavation. Mobile equipment located near edge of excavation.

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Front end loader close to edge of excavation. Trip/slip hazard for worker stepping over plastic pipe.

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All workers should be provided proper PPE. Workers should not be close to or underneath moving bucket. Outriggers must be positioned on stable, level flat surfaces.

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Highlights:Section 244: ApplicationSection 246: Working aloneSection 248-259: Fire ProtectionSection 260-263: Facilities and First AidSection 264-273: Rescue and CommunicationsSection 274-277: Lighting and ElectricalSection 288-305: HoistwaysSection 306-316: TunnelsSection 317-328: ExplosivesSection 329-331: Ventilation

Part lV Tunnels, Shafts, Caissons and Cofferdams

Sections 243-331

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Highlights:Section 332-339: Application and General Req’sSection 342-345: Fire PreventionSection 351: Medical RequirementsSection 355-394: Air Compressors, Air Locks, Rest

Periods and Lock TendersSection 395-397: Decompression

Part V Work in Compressed Air

Sections 332-397

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Section 3(2)

Every employer who employs a worker in a Schedule 2 Trade shall ensure that the worker:

Trades Qualification and Apprenticeship Act (TQAA)Ont. Reg. 572/99

• holds a subsisting certificate of qualification in that trade, or

• is registered as an apprentice in that trade

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QUESTIONS on Part 2???

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QUESTIONS - ANSWERS

What can a municipal inspector do on seeing what he or she believes to be a significant OHSA violation?

The municipal inspector should first ensure they are not in danger. Any person who believes he or she has observed a violation of the OHSA can inform the MOL by calling 1-877-202-0008 to report the violation to the MOL.

A municipality, as the employer, should have policies and procedures that govern the role of their inspectors on encountering unsafe work situations.

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QUESTIONS - ANSWERS

Are municipal inspectors required to strictly comply with the contractor’s health and safety policy on site, including ‘mandatory’ pre inspection training sessions some contractors now employ?

Constructors have an obligation under section 23 of the OHSA to ensure that every employer and worker on the project complies with the Act and regs.

The responsibility for a health and safety policy falls under Employer responsibility in the OHSA. When a constructor asks that the ‘mandatory’ training or orientation training take place before a new worker enters the site, they are displaying due diligence that is above and beyond the green book. While the MOL cannot enforce this practice, we certainly endorse it.

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QUESTIONS - ANSWERS

Does the City’s health and safety policy, or a contractor’s health and safety policy govern the inspector on site?

The responsibility for a health and safety policy is that of the Employer. The policy should address any hazards that a worker may encounter as part of their job.

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QUESTIONS - ANSWERS

Municipal inspectors have the authority to inspect existing buildings under the Building Code Act to determine whether they are unsafe (not just buildings that are simply under construction). How can this be reconciled with the municipality’s OHSA obligations in these cases?

It is the Employers responsibility to ensure that every reasonable precaution is taken to ensure the health & safety of workers. In the situation posed in your question, a worker (i.e. the municipal inspector) can enter a building without warrant to inspect and determine if it is unsafe. The possibility of entering a building that is, in fact, unsafe, is therefore inherent in their work. That being the case, the employer’s duties under the OHSA to take every precaution reasonable in the circumstances would include protecting them from the hazards posed by unsafe buildings and the MOL would expect that a health and safety policy developed by the employer would address any hazards that may be expected as part of this task. The MOL would also expect the worker has received training on potential hazards as well as any PPE required in order to perform this task.

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