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Explanation Guide
Highlights
Section 256 summarizes all major operator responsibilities.
Section 263 presents requirements for leaving equipment unattended or
suspended.
Section 267 permits employers to use various approaches to warn workers of the
presence and movement of powered mobile equipment.
Section 269 recognizes the need for employers to protect equipment operators
from intruding or airborne objects.
Section 270 requires employers to equip ride‐on lawnmowers weighing more
than 700 kilograms with a rollover protective structure (ROPS). Where the
hazard assessment indicates that powered mobile equipment (not otherwise
required to be equipped with a ROPS) might roll during use, the employer must
provide the equipment with a ROPS or must introduce safe‐work procedures to
eliminate the possibility of rollover. (Section 8 of the OHS Regulation requires that
the procedures be in writing and available to workers.)
Section 272 requires employers to ensure that equipment is equipped with a
falling object protective structure (FOPS) if the equipment operator is exposed to
the hazard of falling objects.
Section 276 prohibits anyone from riding on a load while it is being moved.
Sections 280 through 282 present requirements applicable to all‐terrain vehicles
and snow vehicles.
Sections 285 through 290 present requirements specific to pile driving equipment
and practices, including crane‐boom inspection and certification intervals.
Section 290.1 presents licensing and mechanical inspection requirements applicable
to personal vehicles used for work purposes.
Section 290.2 introduces requirements specific to concrete pump trucks.
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Requirements
Section 256 Operator responsibilities
Subsection 256(1)
This subsection describes a worker’s responsibilities prior to actually operating
powered mobile equipment. Emphasis is placed on the worker being trained and
competent to operate the equipment safely. Competency can be demonstrated by
operating the equipment to a level considered satisfactory by another worker who is
competent in the operation of that same or similar equipment and who has been
designated by the employer to assess this competency. Section 15 of the OHS
Regulation specifies what, at a minimum, must be covered in the worker’s training.
To operate the equipment safely, the worker must understand the equipment’s
operating instructions. Only workers authorized by the employer may operate
powered mobile equipment. How a worker becomes “authorized” depends on the
employer. Some employers may provide verbal authorization while others may do
so in writing following an evaluation of the worker’s operating skills.
Subsection 256(2)
This subsection allows a worker in training to operate powered mobile equipment as
long as the worker does so under the direct supervision of a competent worker
designated by the employer.
The term “direct supervision” is defined in the OHS Code and has special meaning.
In particular,
(a) direct supervision means that the worker who is not competent must be under
the personal and continuous visual supervision of a competent worker — the
two workers must be capable of interacting with one another on a one‐on‐one
basis and must maintain visual contact with one another throughout the
performance of the work for which direct supervision is required; and
(b) the two workers must be able to readily and clearly communicate with each
other — in noisy or distracting circumstances, hand signals may be appropriate.
These signals must be clearly understood by both workers. If communication
devices such as portable two‐way radio headsets are used within protective
headwear for example, transmissions must be clear and reliable for the duration
of the work.
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Subsection 256(3)
The operator is the worker most familiar with the performance of the powered
mobile equipment. As such, the operator is responsible for reporting to the employer
any condition that may affect the safe operation of that equipment. Serious problems
should be reported immediately. Problems that do not present an immediate danger
can be recorded and reported by any designated method appropriate to the
particular situation. Systems such as a vehicle log book, maintenance work order, or
central dispatching system can be used to record problems requiring future
attention. The problems must, however, be reported in a way that ensures they are
addressed in an appropriate timeframe.
Operators are responsible for ensuring that they operate powered mobile equipment
safely. In particular, full control of the equipment must be maintained at all times to
prevent near misses and accidents.
An operator must use the equipment’s seat belt and all other safety equipment
provided e.g. restraining devices, guardrails, operator protective structures, etc. The
operator is also responsible for making sure that passengers use their seat belts and
any other safety equipment provided.
Since poor housekeeping can affect worker safety, the operator must maintain the
equipment in a reasonable condition. The cab, floor and deck must be kept free of
material, tools or other objects, including spills of lubricant or fuel, that could create
a safety hazard to the operator or other occupant(s). Objects such as lunch boxes,
flashlights, tools, first aid kits, etc. can get jammed under control pedals or become
airborne during an accident. Such objects must be appropriately stored and secured.
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Subsection 257(2)
In addition to a start‐up inspection, the operator must perform periodic inspections
as required by the manufacturer’s specifications or the employer’s operating
procedures. The focus of these inspections is equipment safety. Since the number of
items to be checked can be considerable, it is suggested that a checklist be developed.
Items that can be included on the checklist include tires, wheel lugs, suspension,
engine/hydraulic system/fuel levels, fluid leaks, operating and marking lights,
cleanliness of windshield and cab windows, condition of installed safety devices
such as back‐up alarms, flashers, turn signals, seat belts, parking brake etc., and any
other item that can affect operating safety.
Subsection 257(3)
Situations may arise in which an operator cannot perform a pre start‐up inspection
e.g. equipment operated on a continuous 24‐hour basis or is not shut down at the
end of a shift. This subsection allows an operator to perform the required visual
inspection at some time during the shift or work period other than at its start. As
described in the employer’s operating procedures, an alternate time for the visual
inspection could be during a period of production delay or a defined equipment
fuelling period. The time and date of all inspections should be recorded.
Subsection 257(4)
No one is allowed to start the powered mobile equipment until a complete visual
inspection as required by subsection (1) is done.
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Subsection 258(3)
Being crushed between a stationary object or obstacle and moving equipment is a
frequent cause of worker injury and death. This subsection requires the employer to
identify such hazards. The employer must then prevent workers from entering the
pinch point or provide a minimum clearance distance of 600 mm between the
obstacle and the powered equipment. Guarding or the placement of barricades to
prevent access to identified pinch points are approaches that are often used. Where
machines swivel in the middle as part of their steering mechanism and operators
need to grease the centre pin, shutting down the machine and applying the brakes
may be the best way to prevent potential operator injury.
Subsection 259(2)
Recognizing that it may not always be practicable to provide pedestrians with
designated walkways, alternative safe work procedures may be used. Example
include:
(a) the use of a traffic control system,
(b) the enforcement of speed limits for powered mobile equipment,
(c) a requirement for the powered mobile equipment operator to acknowledge the
pedestrian’s presence before the pedestrian proceeds through the hazardous
area,
(d) high visibility vests, and
(e) other equally effective means.
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trucks. Elevated forks can drop if they are not properly blocked to prevent
unintended downward motion.
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Subsection 263(2)
Air and hydraulic pressures can bleed off over time. Suspended machinery or
ground engaging implements such as rippers, blades, buckets, etc. must therefore be
lowered to the ground or otherwise secured in a safe position before the equipment
controls are left unattended.
Elevated manlift booms are often seen at worksites and especially rental yards stored
in an elevated position. A recent (June 2009) review by Workplace Health and Safety
of written instructions from all of the major manlift manufacturers has confirmed
that this is an acceptable practice from the manufacturer’s perspective.
Manufacturers regard booms in this position as having been “secured in a safe
position”, thereby complying with this subsection. Manufacturers further agree that
the equipment is safest when the boom is in its retracted position. An employer is
considered to be in compliance with this subsection if
(a) a manlift boom stored in an elevated position is fully retracted, and
(b) the employer meets all of the manufacturer’s other conditions for storage.
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The Standard also recommends flood lamps for general illumination of the work tool
area of a machine. General service lamps are recommended for general illumination
of areas a short distance from the machine.
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Subsection 265(4)
Proper windshield wipers are mandatory on all powered mobile equipment
equipped with a windshield. The wipers must be of sufficient size and the drive‐
motor strong enough to remove debris from the windshield under expected
operating and weather conditions. For Alberta weather conditions, a properly
operating cab / windshield heater can maintain wiper effectiveness and the
operator’s view.
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Section 266(d)
For powered mobile equipment equipped with a trailer hitch, the employer must
ensure that safety clips are installed on the connecting pins. The safety clips prevent
unintended disconnection of the trailer from the powered mobile equipment.
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(a) a detailed inspection of the travel path by the equipment operator,
(b) direction by a designated signaller or other worker who is in continuous view of
the operator and has a complete view of the area into which the equipment will
move,
(c) direction by a traffic control or warning system, or
(d) ensuring that all other workers are removed from the area into which the
equipment will move.
In all cases the control must be appropriate for the conditions at the work site.
The reader is also referred to the Alberta Cargo Securement Regulation (AR 1/2005)
under the Traffic Safety Act. This Regulation establishes a standard for properly
securing a load on a commercial vehicle.
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Figure 19.3 Examples of wheeled dozer and wheeled loader
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Figure 19.6 Example of a motor grader
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Figure 19.9 Examples of industrial tractors
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Subsection 270(2)(a)
CSA Standards B352.0‐95 (R2006), B352.1‐95 (R2006), and B352.2‐95 (R2006) detail
the design, testing, performance and safety requirements for rollover protective
structures (ROPS) for certain types of self‐propelled machines for agricultural,
construction, earthmoving, forestry, industrial, and mining operations.
CSA Standard B352.1 covers the performance requirements, based on destructive
testing, for ROPS on wheeled agricultural tractors with a mass greater than 800
kilograms. It may also be used to evaluate general‐purpose industrial tractors.
CSA Standard B352.2 covers the performance requirements, based on destructive
testing, for ROPS on industrial tractors, motor graders, prime movers, skidders,
tracked dozers, tracked loaders, wheeled dozers, wheeled loaders, backhoe loaders,
rigid‐frame dumpers, compactors, or rollers, with machine mass greater than 700
kilograms.
A ROPS complying with the referenced CSA standards will have a permanently
attached label that includes the following information:
(a) name of the ROPS manufacturer;
(b) ROPS identification number;
(c) the Canadian standard to which the ROPS was certified; and
(d) machine make and models for which the ROPS is designed.
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Subsection 270(2)(b)
SAE Standard J1042 (2003), Operator Protection for General‐Purpose Industrial Machines,
establishes performance requirements for protective systems that provide operator
protection from hazards of machine rollover and/or falling objects. The Standard
does so by recommending certain design features that reduce the likelihood of
operator injury e.g. construction and location of batteries, fuel tanks, oil reservoirs,
etc. and eliminating edges, corners and sharp projections that an operator might
contact. The Standard also makes direct reference to other SAE Standards that
present specific construction and performance criteria for ROPS and falling object
protective structures (FOPS).
Checking the manufacturer’s specifications and/or checking to see if the ROPS bears
a label referring to the Standard can verify compliance with the Standard.
Subsection 270(2)(c)
SAE Standard J1194 (1999), Rollover Protective Structures (ROPS) for Wheeled
Agricultural Tractors, establishes the test and performance requirements of a rollover
protective structure (ROPS) designed for wheel‐type agricultural tractors to
minimize the frequency and severity of operator injury resulting from accidental
upsets.
Checking the manufacturer’s specifications and/or checking to see if the ROPS bears
a label referring to the Standard can verify compliance with the Standard.
Subsection 270(2)(d)
ISO Standard 3471: 2000, Earth‐moving machinery – Roll‐over protective structures –
Laboratory tests and performance requirements, establishes consistent and reproducible
means of evaluating the load‐carrying characteristics of roll‐over protective
structures under static loading conditions. The Standard applies to the following
seated design operator‐controlled machines:
(a) crawler tractors and loaders;
(b) graders;
(c) wheeled loaders and wheeled tractors;
(d) wheeled industrial tractors;
(e) prime movers;
(f) rollers and compactors; and
(g) rigid frame dumpers.
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Subsection 270(2)(e)
OSHA Standard 1928.52, Protective Frames for Wheel‐type Agricultural Tractors – Tests,
Procedures and Performance Requirements, applies primarily to tractors used as ride‐on
lawnmowers. A protective frame is a structure comprised of uprights mounted to
the tractor, extending above the operator’s seat to form what looks like a roll bar.
Checking the manufacturer’s specifications and/or checking to see if the ROPS bears
a label referring to the Standard can verify compliance with the Standard.
Subsection 270(2)(f)
This subsection recognizes that some equipment remains in service for many years,
sometimes well beyond the lifetime of the referenced standards. Equipment having a
ROPS designed or manufactured to comply with a previous edition of one of the
referenced standards continues to be acceptable for use.
Subsection 270(3)
The powered mobile equipment listed in subsection (1) must be ROPS equipped.
However, other equipment may also be subject to rollover because of how or where
it is used. Section 7 of the OHS Code requires that the employer assess the work site
for hazards. In the case of equipment that may roll over because of how or where it
is used, the employer’s hazard assessment should consider the manufacturer’s
specifications, stability data for the equipment, hazards presented during loading
and unloading of the equipment, the type of work being performed with the
equipment, and the conditions under which the equipment is being operated.
In cases where the possibility of rollover is present, the employer must either equip
the equipment with an appropriate ROPS or implement safe work procedures that
eliminate the possibility (Section 8 of the OHS Regulation requires that the
procedures be in writing and available to workers). The ROPS must either be
supplied by the manufacturer (the ROPS can meet any standard the manufacturer
specifies and need not be limited to one of those listed in subsection (1)), or be
certified by a professional engineer as being suited to that equipment.
Safe work procedures are a set of rules that must be followed. Using these
procedures eliminates the need to equip the equipment with a ROPS by eliminating
any possibility of the equipment rolling over during operation. The procedures may
limit or restrict where the equipment can be used. For example, restrictions may
include:
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(a) the slope on which equipment can be operated e.g. the equipment cannot be
operated across a slope or up and down a slope exceeding so many degrees of
incline;
(b) the terrain over which the equipment is operated e.g. the equipment cannot be
operated in areas where it is possible for it to rollover because a wheel or wheels
can drop into a hole, ditch, etc. or drop off an edge such as an embankment,
retaining wall, etc.;
(c) maximum operating speed while cornering; and
(d) marking off areas where slopes exceed the maximum slope angle, where terrain
features are capable of causing a rollover, and where other hazards are present
that could cause a rollover. Barricades, flagging, or similar means of warning
may be needed to alert the operator of the hazard.
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SAE Standard J1042 (2003), Operator Protection for General‐Purpose Industrial Machines,
establishes performance requirements for protective systems that provide operator
protection from hazards of machine rollover and/or falling objects. The Standard
does so by referencing other SAE Standards that present specific construction and
performance requirements for falling object protective structures. The required
overhead protective structures are expected to provide reasonable protection from
such objects as bricks, concrete blocks, and small hand tools that may fall from
heights of up to 9 metres (30 feet).
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Subsection 275(2)
Unsecured equipment or materials can become dangerous projectiles or airborne
objects during quick operating maneuvers or sudden stops. All equipment or
materials must be positioned or secured to prevent injury to the operator or any
other worker being transported.
Subsection 275(3)
Inclement weather can create uncomfortable and unsafe operating conditions due to
reduced visibility or exposure to extremes of temperature. Workers being
transported must be provided with sufficient protection against inclement weather.
This does not mean that all powered mobile equipment must be equipped with a
cab. Figure 19.11 shows a vehicle designed to transport workers and that provides
protection against inclement weather.
Figure 19.11 Example of protection against inclement weather
Subsection 275(4)
Engine exhaust contains carbon monoxide gas that can build up in an enclosed body
and be dangerous to workers. The powered mobile equipment’s exhaust outlet must
be located to prevent exhaust gases from entering the enclosed body.
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hose nozzle valve assembly to block flow control devices in the “open” position.
Subsection 279(4)
As mentioned in subsection 279(1), a vehicle’s engine can be left running during
refuelling if the fuelling system and related safe work practices have been designed
by the manufacturer or certified by a professional engineer.
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Subsection 282(2)
The employer is ultimately responsible for ensuring that powered mobile equipment
is operated safely. In cases where the manufacturer has not specified the operational
limitations for an all‐terrain vehicle or snow vehicle on sloping ground, the
employer must develop and implement safe work procedures. Section 8 of the OHS
Regulation requires that the procedures be in writing and available to workers. Those
procedures must address the hazards to which workers will be exposed during
machine operation.
Forklift Trucks
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Brake bands and clutches contaminated with oil or grease can cause these
components to operate ineffectively or fail completely. The employer must ensure
that contaminated units are dismantled and cleaned or, if necessary, replaced before
further use.
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The failures occurred in rotation drive components, an outrigger, a boom linkage,
elbows, boom rods, cylinders, welded connection points, a pedestal and a king post
tube failure. Most of the equipment failures were on machines that were less than
one year old with many only a few months old. The incidents reported were not
limited to one manufacturer.
In addition, a survey of recently reported incidents elsewhere in Canada and the
United States shows that concrete pumping trucks are involved in overhead power
line contacts and loss of stability due to improper placement of outriggers on
unstable soil.
As a result,
(a) all load bearing components must undergo non‐destructive testing at 12‐month
intervals,
(b) operators must visually inspect all load bearing components and safety and
control devices before each use,
(c) outriggers must be extended according to the manufacturer’s instructions,
(d) no worker or other person can be positioned under a distribution boom or mast.
The person handling the concrete delivery hose must therefore stand beside it or
change the work process so that the worker pushes the hose as the operator
booms in (rather than the common practice of pushing the hose as the operator
booms out). This requirement also refers to other workers at the work site. No
worker or other person can be allowed to be under the boom or mast, and
(e) the concrete pump truck cannot be moved when the distribution boom or mast is
partially or fully extended, unless the truck has been designed to allow this.
For more information
http://employment.alberta.ca/documents/WHS/WHS‐PUB_al031.pdf
Concrete Pumping Truck – Boom Failure
http://www.employment.alberta.ca/documents/WHS/WHS‐PUB_FR‐2004‐02‐26.pdf
Fatality Report – Concrete Pump Boom Failure
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