MOL & OHSA review Municipal Building Inspectors

MOL & OHSA review Municipal Building Inspectors October 2011 1 Ministry of Labour

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. 2

Part One 3

Legislation: Occupational Health and Safety Act (OHSA) 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 4

Legislation: Occupational Health and Safety Act (OHSA) Diving Regulations O.Reg 629/94 Window Cleaning Regulation O.Reg 859 Asbestos Regulation O.Reg 278/05 Roll Over Protective Structures (ROPS) O.Reg 856 WHMIS O.Reg 860 Farming Regulation O.Reg 414/05 5

Objectives of the OHSA 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 6

Definitions Section 1 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 7

Definitions Section 1 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; 8

Duties Sections 23 32, 37 Constructor A constructor shall ensure that every employer and every worker performing work on the project complies with this Act and the regulations; Worker A worker shall use or wear the equipment, protective devices or clothing that the worker s employer requires to be used or worn; Hazardous Materials An employer, shall ensure that all hazardous materials present in the workplace are identified 9

Responsibility Tree Constructor (General or Principal Contractor) Supervisor Workers Employer(s) (Contractors) Supplier Professional Engineer Architect Supervisor Workers Workers 10

Construction Regulations The Construction Regulations are divided into 5 parts Part I General Part II General Construction Part III Excavations Part IV Tunnels, Shafts, Caissons Cofferdams Part V Work in Compressed Air 11

Part I General-Structure Sections 1-19 Section 1: Section 2: Section 3: Section 4: Section 5-7: Section 8 12: Section 13 19: Definition of terms used in Regulation Application Equivalency Designating parts of a project as a separate project Registration and notification Reporting of accidents General Requirements 12

Part ll General Construction Sections 20-221 Highlights: Section 21-27: Personal Protective Equipment Section 35-43: Housekeeping, material movement, gases Section 46: Ventilation Section 52-58: Fire Safety Section 64-69: Public Way and Traffic Control Section 70-84: Access/Egress and ladders Section 125-149: Scaffolds and elevating work platforms Section 150-180: Cranes, Hoisting and rigging Section 181-195: Electrical Hazards Section 207-221: Roofing and demolition Section 221.1-221.19:Confined space 13

Part Two 14

Part ll General Construction 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) 15

Part ll General Construction Falls Fall 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. 16

Part ll General Construction Hierarchy of fall protection Guardrails Most Protective Travel restraint Fall restricting Least Protective Fall arrest/safety nets 17

Part ll General Construction Falls Guardrail 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 18

Part ll General Construction 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. 19

Part ll General Construction 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 20

Part ll General Construction 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 21

Part ll General Construction 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. 22

Part ll General Construction Falls (cont.) Guardrails Rails Point load capability Height Toe Board Location 23

Part ll General Construction 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, and v. 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 24

Part ll General Construction Falls (cont.) Fall Arrest System 25

Part ll General Construction 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. 26

Part ll General Construction Falls Examples of Non-compliance 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. 27

Part ll General Construction Falls Examples of Non-compliance 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. 28

Part ll General Construction Falls Examples of Non-compliance 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. 29

Part ll General Construction Falls Examples of Non-compliance 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. 30

Part ll General Construction Electrical Hazards 31

Part ll General Construction 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 32

Part ll General Construction 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 33

Part ll General Construction 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 covered Located where water will not accumulate and within easy reach of and readily accessible to workers Clear of any obstructions in the area in front No switches to be locked in a closed position Provided with a device for locking the enclosure 34

Part ll General Construction 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. 35

Part ll General Construction Electrical Hazards Examples of non-compliance 36

Part ll General Construction Electrical Hazards Examples of non-compliance 37

Part ll General Construction Electrical Hazards Examples of non-compliance 38

Part ll General Construction Electrical Hazards Examples of non-compliance Electric shock hazard, no GFCI, no eye protection. 39

Part ll General Construction Electrical Hazards Examples of non-compliance Spliced electrical extension cords. Extension cords should be marked DO NOT USE. Bad housekeeping, trip hazard and unprotected hole in photograph. 40

Part ll General Construction 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. 41

Part ll General Construction 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, signs Reversing Reg. 213/91-104(1)(2)Planned and organized to do as little as possible Dump Truck Alarm Reg. 213/91-105When operating in reverse Signal Person Reg. 213/91-104(3) 106Requirement and training of signal person 42

Part ll General Construction 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. 43

Part ll General Construction 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 44

Part ll General Construction Struck by material/equipment (cont.) 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. 45

Part ll General Construction Struck by material/equipment (cont.) Equipment General Brakes and Seat Reg. 213/91-97(1)(2) Be equipped per regulation Means of Access Reg. 213/91 98 To operator s station Overhead Protection Reg. 213/91 98 Where exposed to overhead hazard Drawing and Towing Reg. 213/91 100 per regulation Leave controls unattended Reg. 213/91 102 per regulation, ticketable offence No load over worker Reg. 213/91 103 Trenches for sewer and water connections No work platform Reg. 213/91 107 Supported by machine that is capable of moving Guarding Reg. 213/91 109 Gear, pulley, belt, chain, shaft, flywheel, saw and other mechanically operated part that may endanger a worker Miscellaneous object hazard Reg. 213/91 113 Left in a location or manner that may endanger a worker 46

Part ll General Construction Struck by material/equipment (cont.) Brick cutting, bad housekeeping too much debris in area. No GFCI on electrical cord, T- pole not secured 47

Part ll General Construction Struck by material/equipment (cont.) 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. 48

Part ll General Construction Struck by material/equipment (cont.) 49

Part lll Excavations Sections 222-242 Highlights: Section 222: Section 224: Section 225: Section 226-227: Section 228-229: Section 230-233: Section 234-242: Section 207-221: Section 221.1-221.19: Application Entry Working alone Soil Types Precautions for services and adjacent structures General requirements Support Systems Roofing and demolition Confined space 50

Part lll Excavations Shoring Hazards Section 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. 51

Part lll Excavations 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. 52

Part lll Excavations 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. 53

Part lll Excavations Services 228 Intent: 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, 224 Employer 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) 54

Part lll Excavations Shoring 234-239 Intent: 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 place Hydraulic Trench Boxes/Prefabricated Systems Specialized Engineered systems 55

Part lll Excavations Shoring Hazards 56

Part lll Excavations 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. 57

Part lll Excavations 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. 58

Part lll Excavations Examples of Unsafe/Non-compliant Trenches or excavations Badly supported scaffold, excavation beneath scaffolding not shored 59

Part lll Excavations Examples of Unsafe/Non-compliant Trenches or excavations 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. 60

Part lll Excavations Examples of Unsafe/Non-compliant Trenches or excavations 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. 61

Part lll Excavations Examples of Unsafe/Non-compliant Trenches or excavations 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. 62

Part lll Excavations Examples of Unsafe/Non-compliant Trenches or excavations Front end loader close to edge of excavation. Trip/slip hazard for worker stepping over plastic pipe. 63

Part lll Excavations Examples of Unsafe/Non-compliant Trenches or excavations 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. 64

Part lv Tunnels, Shafts, Caissons and Cofferdams Sections 243-331 Highlights: Section 244: Section 246: Section 248-259: Section 260-263: Section 264-273: Section 274-277: Section 288-305: Section 306-316: Section 317-328: Section 329-331: Application Working alone Fire Protection Facilities and First Aid Rescue and Communications Lighting and Electrical Hoistways Tunnels Explosives Ventilation 65

Part V Work in Compressed Air Sections 332-397 Highlights: Section 332-339: Section 342-345: Section 351: Section 355-394: Section 395-397: Application and General Req s Fire Prevention Medical Requirements Air Compressors, Air Locks, Rest Periods and Lock Tenders Decompression 66

Trades Qualification and Apprenticeship Act (TQAA) Ont. Reg. 572/99 Section 3(2) Every employer who employs a worker in a Schedule 2 Trade shall ensure that the worker: holds a subsisting certificate of qualification in that trade, or is registered as an apprentice in that trade 67

QUESTIONS on Part 2??? 68

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. 69

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. 70

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. 71

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. 72

73 Operations Occupational Health & Safety Employment Standards