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Proposed Changes to Ontario Regulation 213/91 ... · both the SAE WG proposal and the MOL proposal...

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FINAL March 18, 2015 Differences between the MOL and SAE WG proposals are highlighted in yellow Italicized words are currently defined in the Regulation Underlined words have proposed definitions Page 1 of 65 Proposed Changes to Ontario Regulation 213/91 (Construction Projects) under the Occupational Health and Safety Act (OHSA) related to Suspended Access Equipment (SAE) Comparison of the two proposals developed by the Ministry of Labour (MOL) and the SAE Working Group (SAE WG) FINAL SAE WG PROPOSAL Proposed Changes (Substantial and relevant differences between the MOL and SAE WG proposals are highlighted in yellow) FINAL MOL PROPOSAL Proposed Changes (Substantial and relevant differences between the MOL and SAE WG proposals are highlighted in yellow) MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals Section 1 Definitions NO definition of “allowable suspended loadRecommendation 1: Definitions The ministry proposes to define, allowable suspended loadto mean the combined weight of the suspended work platform or boatswain’s chair, the hoisting device or devices, the rated platform capacity and the suspended portion of the suspension line; The Ministry intends to develop a guideline to assist stakeholders in complying with the new requirements for suspended work platform systems (if approved by the government). According to the SAE WG, the industry commonly follows the Canadian Standards Association (CSA) Standard, CSA Z271- 10, Safety Code for Suspended Platforms. For this reason, both the SAE WG proposal and the MOL proposal reference specific provisions of the CSA standard, CSA Z271-10, Safety Code for Suspended Platforms to provide greater clarity and implementation consistency. The MOL’s proposal includes more references to the CSA standard than the SAE WG proposal. New definitions The MOL proposes to add 8 new definitions. Allowable suspended loadThe MOL’s proposed definition is modelled on the definition in the CSA standard, CSA Z271-10, Safety Code for Suspended Platforms to maintain industry’s familiarity with a known term and ensure consistency in its application.
Transcript
  • FINAL March 18, 2015 Differences between the MOL and SAE WG proposals are highlighted in yellow Italicized words are currently defined in the Regulation

    Underlined words have proposed definitions Page 1 of 65

    Proposed Changes to Ontario Regulation 213/91 (Construction Projects)

    under the Occupational Health and Safety Act (OHSA) related to Suspended Access Equipment (SAE)

    Comparison of the two proposals developed by the Ministry of Labour (MOL) and the SAE Working Group (SAE WG)

    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    Section 1 Definitions NO definition of “allowable suspended load”

    Recommendation 1: Definitions The ministry proposes to define,

    “allowable suspended load” to mean the combined weight of the suspended work platform or boatswain’s chair, the hoisting device or devices, the rated platform capacity and the suspended portion of the suspension line;

    The Ministry intends to develop a guideline to assist stakeholders in complying with the new requirements for suspended work platform systems (if approved by the government). According to the SAE WG, the industry commonly follows the Canadian Standards Association (CSA) Standard, CSA Z271-10, Safety Code for Suspended Platforms. For this reason, both the SAE WG proposal and the MOL proposal reference specific provisions of the CSA standard, CSA Z271-10, Safety Code for Suspended Platforms to provide greater clarity and implementation consistency. The MOL’s proposal includes more references to the CSA standard than the SAE WG proposal. New definitions – The MOL proposes to add 8 new definitions. “Allowable suspended load” – The MOL’s proposed definition is modelled on the definition in the CSA standard, CSA Z271-10, Safety Code for Suspended Platforms to maintain industry’s familiarity with a known term and ensure consistency in its application.

  • FINAL March 18, 2015 Differences between the MOL and SAE WG proposals are highlighted in yellow Italicized words are currently defined in the Regulation

    Underlined words have proposed definitions Page 2 of 65

    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    NO definition of “anchorage connector” Critical weld, in relation to a suspended work platform, means a weld that the failure of which would result in a catastrophic failure or complete collapse of the suspended work platform. [applicable only to SAE sections] No definition of “generic installation drawing”

    “anchorage connector” to mean a component or a system of components of a fixed support that secures a suspended work platform or boatswain’s chair, and associated suspension lines and lifelines to a fixed support.

    “critical weld” to mean, in relation to a suspended work platform, a weld whose failure could result in the catastrophic failure or complete or partial collapse of the suspended work platform system that could endanger a worker.

    “generic installation drawing” to mean a drawing and related documentation, if any, provided by the manufacturer, supplier or owner of a suspended work platform system or powered boatswain’s chair, or by an employer using the suspended work platform system or powered boatswain’s chair, or prepared by a professional engineer that,

    - Identifies components, configurations and load limitations of the suspended work platform system or powered boatswain’s chair; and

    - May be used at any project or at different locations on the same project where all of the requirements in the drawing are met;

    “anchorage connector” – The MOL’s proposed definition is modelled on the definition in the CSA standard, CSA Z271-10, Safety Code for Suspended Platforms to maintain industry’s familiarity with a known term and ensure consistency in its application, particularly as the MOL proposes new design requirements for anchorage connectors. “critical weld” – The two proposed definitions are very similar and would be applicable only to the SAE requirements. The proposed definition is an industry known term and is consistent with the general interpretation of the term used by professional engineers and would ensure consistency in its use. “generic installation drawing” – A “generic installation drawing” refers to drawing(s) and related documentation that provide installation instructions for typical configurations of suspended access equipment commonly used by the industry. The MOL’s proposed definition is a commonly used term in the industry and is meant to clearly distinguish this type of installation drawing from a “site-specific installation drawing” whose use has more extensive requirements in the proposal. This term is used throughout the MOL proposal particularly in Recommendation 13. In contrast, the SAE WG proposal uses the term “manufacturer’s instructions” which is a general term used throughout the entire Regulation and which the MOL believes is not sufficiently specific or descriptive regarding installation drawings. The term “manufacturer’s instructions” normally applies to any kind of equipment and includes much more than just SAE installation drawings.

  • FINAL March 18, 2015 Differences between the MOL and SAE WG proposals are highlighted in yellow Italicized words are currently defined in the Regulation

    Underlined words have proposed definitions Page 3 of 65

    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    Rated platform capacity means the combined weight of occupants, tools, equipment, and other material that may be carried by a suspended work platform or a work platform module as stated on the rated platform capacity marking.[applicable only to SAE sections] Site-specific installation drawing means a drawing and other documentation, if any, prepared by a professional engineer that identifies components, configurations and load limitations of a suspended work platform system for one particular project [applicable only to SAE sections] Suspended work platform system is an access system comprised of an overhead fixed support, suspension line or lines, a hoisting device or devices, if any, and one or more suspended work platforms that may be moved horizontally and/or vertically but does not include a boatswain’s chair or multi-point suspended scaffold.

    “rated platform capacity” to mean the combined weight of occupants, tools, equipment and other material that can be safely carried by a suspended work platform, a work platform module or boatswain’s chair as specified by the manufacturer’s marking.

    “site-specific installation drawing" to mean a drawing and related documentation, if any, prepared by a professional engineer that identifies components, configurations and load limitations of a suspended work platform system or powered boatswain's chair for one particular project.

    “suspended work platform system” to mean an access system comprised of one or more overhead fixed supports, one or more suspension lines, hoisting devices, if any, and one or more work platforms that can be moved vertically, but it does not include a boatswain’s chair or a multi-point suspended work platform

    “rated platform capacity” – The two proposed definitions are very similar and are modelled on the definition in the CSA standard, CSA Z271-10,Safety Code for Suspended Platforms. However, the MOL’s proposed definition includes “boatswain’s chair” as does the definition in the CSA standard. Both definitions would be applicable only to the SAE requirements. “site-specific installation drawing" – A “site-specific installation drawing” provides installation instructions for non-typical configurations of suspended access equipment that take into consideration the unique features of the building or structure from which the equipment will be suspended. The two proposed definitions are very similar except for the addition of “powered boatswain’s chair” in the MOL’s proposed definition. A “powered” boatswain’s chair refers to a boatswain’s chair that is equipped with a mechanical or electrical hoist and does not include a boatswain’s chair that uses a descent control device. “suspended work platform system” – The two proposed definitions are very similar and are modelled on the definition of “suspended platform” in the CSA standard, CSA Z271-10,Safety Code for Suspended Platforms. Both definitions would be applicable only to the SAE requirements. In addition, the MOL’s proposed definition incorporates the MOL’s proposed revisions to the current definition of “multi-point suspended scaffold” whereas the SAE WG’s proposed definition continues to refer to the term “multi-point suspended scaffold” as currently defined.

  • FINAL March 18, 2015 Differences between the MOL and SAE WG proposals are highlighted in yellow Italicized words are currently defined in the Regulation

    Underlined words have proposed definitions Page 4 of 65

    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    Suspended work platform means a work platform including the necessary trusses, stirrups and connection frames that are suspended from an overhead fixed support but does not include a hoisting device Work platform means a work surface where a worker works or intends to work constructed of wood planks, fabricated planks or decks or other materials, but does not include a boatswain’s chair. [applicable to entire Regulation] “multi-point suspended scaffold” means a suspended scaffold or suspended work platform or a system of suspended scaffolds or suspended work platforms, each scaffold or platform being more than 750 millimetres in width, that is supported from an overhead support system by at least three primary load-carrying means of suspension to maintain the system’s stability;

    No corresponding definition of “suspended work platform” in the MOL proposal.

    “work platform” to mean a work surface for a worker that is constructed of wooden planks, fabricated decks or other manufactured materials and that may include stirrups, trusses and other structural members but does not include a boatswain’s chair.

    “multi-point suspended work platform” to mean a suspended work platform more than 750 millimetres in width or a system of suspended work platforms, where any platform is more than 750 millimetres in width, that is supported from an overhead fixed support system by at least three primary load-carrying means of suspension to maintain the stability of the work platform or work platforms.

    “suspended work platform” – The MOL does not include this definition in its proposal. Instead, the MOL uses the term “suspended” as it is commonly interpreted to modify a “work platform” where appropriate in its proposal. “work platform” – The MOL’s proposed definition is meant to be generic and applicable to any work platform used by a worker and not just for suspended work platform systems. The MOL intends to review the Regulation for all references to “platform” and “work platform” and proposes changing the references where appropriate to ensure consistent interpretation and application of the term “work platform” throughout the Regulation. “multi-point suspended work platform” – The MOL proposes to revise the existing definition of “multi-point suspended scaffold” to align it with the new proposed defined terms of “suspended work platform system” and “work platform”. The SAE WG proposal continues to use the current definition unchanged.

  • FINAL March 18, 2015 Differences between the MOL and SAE WG proposals are highlighted in yellow Italicized words are currently defined in the Regulation

    Underlined words have proposed definitions Page 5 of 65

    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    Section 7.2 Notification Requirements 7.2(1) Before a suspended work platform system or boatswain’s chair is put into service for the first time at a project, (a) the constructor shall give notice in writing at least 48

    hours in advance, in person, by fax, by electronic means or by other similar means, to the Ministry office located nearest to the project; or

    (b) if the suspended work platform system or

    boatswain’s chair is to be used on an existing building or structure, the constructor and the owner of the building or structure, or the owner’s agent, shall give notice at least 48 hours in advance, in person, by fax, by electronic means or by other similar means, to the Ministry office located nearest to the project.

    (2) Despite subsection (1),a suspended work platform system or boatswain’s chair may be used before the written notice in subsection (1) has been given to the Ministry if the following conditions are met:

    Recommendation 2: New Notice Requirements Before Using Suspended Access Equipment (i) Before a suspended work platform system is put into service for the first time at a project, the MOL proposes to add a new requirement for:

    the constructor to provide written notice to the ministry at least 48 hours in advance, and

    the notice to be on an approved form obtained from the ministry and to be submitted in person, by fax, by electronic means or by other similar means to the ministry office located nearest to the project.

    (b) No corresponding MOL requirement is included as the MOL proposal does not apply to owners of existing buildings or structures (ii) If it is necessary to use the suspended work platform system

    immediately to prevent personal injury or damage to property,

    The MOL and SAE WG proposals are very similar except that the MOL proposal would not apply to boatswain’s chairs or to owners of existing buildings or structures (differences highlighted in yellow). The proposed notification requirement is intended to strengthen enforcement by alerting MOL inspectors about projects where a suspended work platform system will be used. This would give inspectors an opportunity to visit the project to ensure compliance with the regulatory requirements re: suspended work platform systems analogous to the current requirements to submit a Notice of Project or Notice of trenching to the ministry. ss.(1)(b) of the SAE WG proposal: The MOL believes that since the constructor has overall responsibility under the OHSA for health and safety at a project, it would be appropriate to apply this notification requirement to constructors rather than also to building or structure owners who may not necessarily be aware of when a suspended work platform system would be put into service at their buildings or structures. ss.(2) and (3) of the SAE WG proposal: Although the formatting is different than the MOL’s corresponding requirement, the content and intent are the same in both the MOL and SAE WG proposals.

  • FINAL March 18, 2015 Differences between the MOL and SAE WG proposals are highlighted in yellow Italicized words are currently defined in the Regulation

    Underlined words have proposed definitions Page 6 of 65

    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    (a) It is necessary to use the suspended work platform system or boatswain’s chair immediately to prevent injury to people or damage to property, and

    (b) the constructor and the owner of the building or

    structure, or the owner’s agent, notifies the Ministry by telephone or in person.

    (3) The oral notification in subsection (2)(b) shall be followed by a written notice within 24 hrs. (4) The written notice shall be posted at a conspicuous place on the project. (5) The written notice shall be on an approved form.

    (a) the constructor may give oral notification to the ministry

    by telephone or in person despite the 48 hour notice requirement above, and

    (b) the oral notification must be followed by written notice within 24 hours.

    (iii) The ministry proposes that the written notice must be posted in a conspicuous place at the project. Corresponding MOL requirement for an approved form is located in item (i) above.

    136.1 Sections 136.2 to 141, (a) apply to suspended work platforms systems and boatswain’s chairs, and (b) do not apply to multi-point suspended scaffolds.

    Recommendation 3: Application

    The ministry proposes to replace current section 136.1 with the following requirements:

    Every suspended work platform system and boatswain's chair must comply with Sections 137 to 141 inclusive of the Regulation; and

    Sections 137 to 142 inclusive of the Regulation do not apply to multi-point suspended work platforms.

    The MOL and SAE WG proposals are similar except for two additional points in the MOL’s proposal highlighted in yellow:

    The proposed changes would ensure consistency with the proposed new requirements for suspended access equipment and proposed changes to the current definition of “multi-point suspended scaffold”.

    The term “multi-point suspended scaffolds” would be replaced with “multi-point suspended work platforms” to align the requirement with the new proposed defined terms

  • FINAL March 18, 2015 Differences between the MOL and SAE WG proposals are highlighted in yellow Italicized words are currently defined in the Regulation

    Underlined words have proposed definitions Page 7 of 65

    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    of “suspended work platform system” and “work platform”. The SAE WG proposal continues to use the existing term “multi-point suspended scaffolds”.

    The MOL would clarify that section 142 of the current Regulation that addresses outrigger scaffolds does not apply to multi-point suspended work platforms.

    Section 136.2 Work Plans 136.2 (1) Every employer who proposes to carry out work on a project using a suspended work platform system or boatswain’s chair shall ensure that a written site specific work plan, setting out information, measures and procedures adequate to ensure the health and safety of workers using the suspended work platform system or boatswain’s chair has been developed and implemented by a competent person for that project. (2) The work plan shall include, but not be limited to:

    Recommendation 4: New Work Plan Requirements for Suspended work platform systems & Boatswain’s Chairs

    i. The MOL proposes that before a suspended work platform system or boatswain’s chair is put into service for the first time at a project, an employer must ensure that a competent person:

    (a) conducts a risk assessment of the work that would be undertaken;

    (b) prepares and signs a written site specific work plan based on the results of the risk assessment, setting out information, measures and procedures adequate to ensure the health and safety of workers using the suspended work platform system or boatswain’s chair; and,

    (c) implements the written site specific work plan.

    ii. The work plan must include, but would not be limited to:

    The proposed work plan requirements in both proposals are modelled on similar requirements in the current Window Cleaning Regulation (Regulation 859) under the OHSA. The proposed risk assessment in the MOL proposal and written work plans in both proposals are intended to ensure employers identify, evaluate and implement precautions to mitigate potential health and safety risks to workers using the suspended work platform system or boatswain’s chair. The MOL and SAE WG proposals are very similar with minor differences highlighted in yellow and indicated below. Item “i”(a) of the MOL proposal: The MOL would require an employer to conduct a risk assessment of all work to be undertaken with the suspended access equipment and to develop a written work plan based on the results of the risk assessment. The SAE WG proposal has a more limited risk assessment requirement in its subsection (2) item (k) on page 9 that is meant to only identify hazards related to material hoisting, cutting, grinding and sandblasting associated with the work processes.

  • FINAL March 18, 2015 Differences between the MOL and SAE WG proposals are highlighted in yellow Italicized words are currently defined in the Regulation

    Underlined words have proposed definitions Page 8 of 65

    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    (a) procedures to install, move, or dismantle the suspended work platform system in accordance with manufacturer’s instructions and if applicable, a site-specific installation drawing if any of the conditions listed in ss. 139(7) apply; (b) the arrangement of the work platforms for the duration of the project; (c) the manner in which any suspension lines and lifelines that are used are to be attached to the fixed supports shown on any drawing(s) and/or diagrams referred to s.136.5; (d) the rated platform capacity of the suspended work platform or boatswain’s chair, which shall be posted conspicuously on the platform or equipment; (e) the weight distribution plan to ensure equal loading across the work platform surface; (f) the maximum number of workers allowed on the suspended work platform; (g) the maximum amount or weight of construction debris, abrasive blasting grit or other materials that would be allowed to accumulate on the work platform as a result of the work, their placement on the work platform;

    a) procedures to install, move and dismantle the suspended work platform system or boatswain's chair;

    b) direction to use either a generic installation drawing or a

    site-specific installation drawing;

    c) the arrangement of the work platforms for the duration of the project;

    d) the manner in which all suspension lines and lifelines are to be attached to the fixed supports shown in a roof plan referred to in Recommendation 7 of this proposal;

    e) the rated platform capacity of the suspended work platform, work platform module or boatswain's chair;

    f) a weight distribution plan to ensure equal loading across the work platform surface;

    g) the maximum number of workers allowed on the suspended work platform;

    h) the maximum amount or weight of construction debris, abrasive blasting grit and other materials allowed to accumulate on the work platform, and their permissible location on the work platform;

    Item “ii”(b) of the MOL proposal: The MOL proposes to use the term “generic installation drawing” as it is defined on page 2. This term is used throughout the MOL proposal particularly in Recommendation 13. In contrast, the SAE WG proposal uses the term “manufacturer’s instructions” which is a general term used throughout the entire Regulation and which the MOL believes is not sufficiently specific or descriptive regarding installation drawings as it normally applies to any kind of equipment and includes much more than just SAE installation drawings.

    Subsection (2) item (d) of the SAE WG proposal: The MOL located the same requirement to conspicuously post the rated platform capacity at the end of its Recommendation 4 on page 10 as a standalone provision in item “v”.

  • FINAL March 18, 2015 Differences between the MOL and SAE WG proposals are highlighted in yellow Italicized words are currently defined in the Regulation

    Underlined words have proposed definitions Page 9 of 65

    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    (g1) the arrangement and use of a material hoist or a similar device to transfer material to or from the work platform; (h) the weights of materials, tools and equipment that may be on the work platform or boatswain’s chair; (i) written procedures to be followed in the event of an emergency that requires the rescue of a worker or workers from the suspended work platform system or boatswain’s chair; (j) fall protection setup to address all work processes expected to be undertaken; (k) following a risk assessment of the work processes expected to be undertaken, the hazards related to material hoisting, cutting, grinding and sandblasting associated with the work processes; (l) protection of the public and workers below the suspended work platform or boatswain’s chair; (m) overhead protection of workers from any work conducted above the suspended work platform or boatswain’s chair;

    i) directions on whether and how to use a material hoist or

    other similar device to transfer material to and from the work platform;

    j) the weights of all materials, tools and equipment permitted to be on the suspended work platform or boatswain's chair;

    k) procedures to be followed in the event of an emergency that requires rescue of a worker or workers from the suspended work platform system or boatswain's chair;

    l) methods of fall protection that cover all work to be undertaken and their installation;

    m) an identification of the hazards related to material

    hoisting, cutting, grinding and sandblasting associated with the work;

    n) protection for the public and workers who may be below the suspended work platform or boatswain's chair;

    o) overhead protection for workers on a suspended work platform or boatswain's chair from any work conducted above the suspended work platform or boatswain's chair;

    ss.(2)(k) of the SAE WG proposal: The MOL believes this risk assessment requirement should be located more prominently at the start of this provision. The MOL has the same requirement for a risk assessment to be conducted at the start of its Recommendation 4, identified as an employer’s responsibility. The MOL also clarifies that the written work plan must be based on the results of the risk assessment.

  • FINAL March 18, 2015 Differences between the MOL and SAE WG proposals are highlighted in yellow Italicized words are currently defined in the Regulation

    Underlined words have proposed definitions Page 10 of 65

    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    (n) any electrical hazards including proximity to electrical conductors; and (o) measures to be taken to protect the workers from weather conditions and other conditions that may endanger them. (3) Before a worker begins work using a suspended work platform system or boatswain’s chair, the employer shall provide a copy of the written work plan to the worker and shall review it with the worker. (4) The employer shall keep a copy of the work plan available on the project. Corresponding requirement to post the rated platform capacities is located in subsection (2)(d) above.

    p) an identification of all electrical hazards, including close

    proximity to electrical conductors; and

    q) measures to be taken to protect workers from weather and other conditions that may endanger them.

    iii. The ministry also proposes that the employer must provide a copy of the work plan to a worker and review it with the worker before the worker begins installing or using a suspended work platform system or boatswain’s chair.

    iv. In addition, the employer would be required to keep a copy of the work plan readily available at the project.

    v. The ministry proposes that the employer must post the rated platform capacity of a suspended work platform, work platform module or boatswain’s chair conspicuously on the platform, module or boatswain’s chair.

    Section 136.3 Worker Training – Operator/User

    136.3 (1) Prior to a worker being on a suspended work platform or a boatswain’s chair, the employer shall ensure that, (a) the worker receives oral and written instruction on the following, including but not limited to,

    Recommendation 5: New Requirements for Worker Training

    i. Under the proposed requirement, before a worker gets on a suspended work platform or a boatswain’s chair for the first time at a project, the employer must ensure that the worker is trained on its use by completing a training program that,

    (a) Provides instruction on,

    The MOL and SAE WG proposals are very similar except for the differences highlighted in yellow and noted below. Both proposals are modelled on Section 45 of the Window Cleaning Regulation which also addresses the use of suspended access equipment. They outline basic training requirements that would apply to any worker who may get on a suspended work platform, including workers not directly involved in the operation of the SAE (e.g. inspectors,

    http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900859_e.htmhttp://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900859_e.htm

  • FINAL March 18, 2015 Differences between the MOL and SAE WG proposals are highlighted in yellow Italicized words are currently defined in the Regulation

    Underlined words have proposed definitions Page 11 of 65

    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    1. applicable regulations under the Occupational

    Health and Safety Act; 2. the use and inspection of the personal protective

    equipment the worker is to use and its components; 3. the use of any fixed supports used for the

    suspended work platform or boatswain’s chair and for a worker’s fall arrest system;

    4. components, functionality and limitations of the

    suspension work platform system or boatswain’s chair, tiebacks and operational controls;

    5. reading and understanding the work plan and any

    drawing and/or diagram referred to in s.136.5; 6. instructions on the load limitations of the suspended

    work platform system or boatswain’s chair; and, 7. emergency rescue procedures; and

    applicable regulations under the OHSA;

    fall hazards related to the use of the suspended work platform or boatswain's chair;

    how to select, put on, use, inspect and maintain personal protective equipment the worker would use and its components;

    any fixed supports used for the suspended work platform or boatswain's chair and for the worker's fall arrest system;

    the components, functions and limitations of the suspended work platform system or boatswain's chair, tiebacks and operational controls;

    reading and understanding the work plan described in Recommendation 4 of this proposal and the roof plan described in Recommendation 7 of this proposal;

    the load limitations of the suspended work platform system or boatswain's chair; and

    emergency rescue procedures; and

    engineers, consultants, etc.). This is to ensure that in the event of an emergency, equipment failure or incapacitation of the SAE operator, all workers on a suspended work platform would be able to safely descend and/or get off the platform. Item “i”(a) bullet 2 of the MOL proposal: The MOL added a new training subject, “fall hazards related to the use of the suspended work platform or boatswain's chair”. Item “i”(a) bullet 3 of the MOL proposal: The wording is consistent with that in item “i”(b) bullet 1 on page 12.

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    (b) the worker successfully completes an oral and written evaluation based on the instruction in clause (a); and,

    (c) the worker is able to demonstrate adequate knowledge and proficiency in:

    1. the use of the personal protective equipment

    the worker is to use including selecting, inspecting, putting on, using and maintaining;

    2. rigging procedures and tying acceptable knots; 3. identifying and selecting appropriate fixed

    supports from a drawing and/or diagram referred to in s.136.5; and,

    4. the safe operation of the suspended work

    platform system or boatswain’s chair and its operating controls in accordance with s.

    (2) Workers shall have proof of training available on the project. (3) Workers shall have refresher training on the safe operation of the suspended work platform system or boatswain’s chair as outlined in subsection (1) as required or at least every 3 years.

    No corresponding requirement included in the MOL proposal.

    (b) Enables the worker to demonstrate proficiency in,

    selecting, putting on, using, inspecting and maintaining personal fall protection equipment the worker will use;

    rigging procedures and tying adequate knots;

    identifying and selecting appropriate fixed supports from a roof plan described in Recommendation 7 of this proposal; and

    the safe operation of the suspended work platform system or boatswain's chair and its operating controls in accordance with the manufacturer's instructions.

    Corresponding MOL requirement is located in item (iv) below.

    ii. The ministry proposes that the worker must have refresher training on the safe operation of a suspended work platform system or boatswain’s chair as described in item “i” above as often as required and, in any case, at least every three years.

    ss.(1)(b) of the SAE WG proposal: The MOL proposal does not include a corresponding requirement for oral and written evaluation as in item 7 of subsection (1)(a) of the SAE WG proposal. Such a requirement would be inconsistent with Ontario’s obligations under the intergovernmental Agreement on Internal Trade to reduce barriers to labour mobility. The MOL believes the next requirement below for a worker to demonstrate proficiency in the specified learning outcomes is more relevant for ensuring a worker has been adequately trained.

    ss.(2) of the SAE WG proposal: The MOL located the same requirement for workers to have proof of training at the end of this Recommendation as item (iv).

    Refresher training: Both proposals require refresher training for workers at least every 3 years to ensure the requisite worker proficiency is retained. Workers need to keep their training up to date, particularly in case of equipment changes, long absences from work, or changes to applicable regulatory requirements or employers’ work procedures.

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    (4) The employer shall keep a record of the training provided to any worker on the suspended work platform system or boatswain’s chair and have it available for an inspector upon request.

    iii. The ministry proposes that the employer must ensure that the person who provides the training program referred to in item "i" and the refresher training referred to in item "ii" above prepares a written training record for each worker who has successfully completed the training and signs the record. In addition, the employer must keep the written record readily available at the project and must make the record available to a MOL inspector upon request.

    iv. The ministry proposes that the worker must have written proof of completing the training, including refresher training, readily available at the project.

    The 3 year schedule is for the convenience of workers and employers as this would ensure consistency with the Working at Heights Training Program Standard that was released by the MOL’s Chief Prevention Officer in December 2013. This training standard specifies that worker certification is valid for 3 years from the date of successful completion of the program. Workers who are required to use fall protection equipment will need to complete a training program that meets the Working at Heights Training Program Standard as of April 1, 2015 in accordance with O. Reg. 297/13, Occupational Health and Safety Awareness and Training. Item “iii” of the MOL proposal: The proposed requirement regarding training records is modelled on section 26.2 of the existing Construction Projects Regulation.

    Item “iv” of the MOL proposal: This is similar to subsection (2) of the SAE WG proposal.

    Consultation Questions

    1. Do you agree with the list of training subjects and learning outcomes in item “i” of Recommendation 5? Are there any training subjects or learning outcomes that should be added to or deleted from the proposed list in Recommendation 5?

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    2. What would be the estimated cost to employers of complying with the proposed training requirements in Recommendation 5?

    3. How much time would the industry reasonably need to implement the ministry’s proposed training requirements in Recommendation 5?

    4. How much time would the industry reasonably need (employers, workers, training providers) to comply with the proposed training requirements in Recommendation 5?

    Section 136.4 Worker Training – Erector/Rigger 136.4 (1) In addition to the training required in s. 136.3, the employer shall ensure that a worker who is designated as the competent worker to inspect a suspended work platform system or boatswain’s chair and sign-off that it has been installed in accordance with the site-specific installation drawings or manufacturers’ instructions as the case may be, receives oral and written instruction on the following, including but not limited to:

    Recommendation 6: New Training Requirements for a Competent Worker Who May Inspect a Suspended Work platform or Boatswain’s Chair i. The ministry proposes that the employer would be required

    to ensure that the competent worker referred to in items (ii) and (iv) of Recommendation 13A successfully completes the training described in Recommendation 5 of this proposal, and receives additional training to enable the worker to conduct the inspections and attest to the installation of a suspended work platform system or powered boatswain’s chair. The ministry proposes that the following subjects must be included in the training:

    The MOL and SAE WG proposals are very similar except for the differences highlighted in yellow and noted below.

    The MOL’s Recommendation 6 outlines the training requirements for the competent worker who inspects the installation of SAE under Recommendation 13A.

    Under Recommendation 13A of this proposal, the MOL proposes that a competent worker, as defined under the Regulation, may inspect a suspended work platform system or boatswain’s chair under certain circumstances after it has been installed and verify in writing that the equipment has been installed correctly. The proposed training requirements would ensure that the designated competent worker is proficient in

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    a) Rigging

    o Torque procedures for hardware used in rigging o Acceptable rigging hardware angles and means

    to obtain acceptable angles b) Methods to Secure Beams and Equipment

    o Blocking methods o Fulcrum points o Strength of structure in relation to blocking and

    material placement c) Fixed supports

    o Structural elements used for anchorage including parapets, roof

    o Use of various methods to secure anchorage connectors

    o Use of temporary anchors on buildings under construction (i.e. reading drawings to select the appropriate fixed supports identified on approved drawings in s.136.5.)

    d) Principles of Suspension Lines, Hoisting Devices

    and Load Limits o Installation of lines protective devices to reduce

    possibility of chaffing/wear and tear o Identify when a professional engineer is required

    (regulatory requirements, specialty systems etc.)

    Rigging

    Methods to secure beams and equipment

    Fixed supports

    Principles of suspension lines, hoisting devices and load limits

    inspecting the installation of suspended work platform systems or boatswain’s chairs. The proposed refresher training provision would ensure the requisite worker proficiency is retained.

    Item “i” of the MOL proposal:

    The MOL’s proposal applies to “powered” boatswain’s chairs rather than to all boatswain’s chairs as in the SAE WG proposal. A “powered” boatswain’s chair refers to a boatswain’s chair that is equipped with a mechanical or electrical hoist and does not include a boatswain’s chair that uses a descent control device.

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    e) Manufacturer’s Instructions for assembly and installation– more in-depth knowledge of load limits, inspection points, out of service criteria, annual inspections, record/log criteria, assembly drawings, use of different (not common but still in mfg. requirements) products such as truss beams and other beams.

    f) Work Plans and Roof Plans

    o More in-depth use of roof plans (how to read, critical items, etc.)

    o Know-how on development of a Work Plan o Verifying Roof Plans vs. actual on-site roof

    conditions g) Securing the suspended work platform or

    boatswain’s chair to building face – further instruction on means to secure the suspended work platform to building face in accordance with manufacturer’s instructions.

    h) Electrical Systems:

    o Voltage drop issues o Proper set-up of electrical connections o Proximity to power lines o Assembly of power cords (waterproofing) o Use of GFCI’s o Instruction on required certification of

    components and identification of appropriate certification marks accepted by the Electrical Safety Authority e.g. cUL or CSA

    Manufacturers’ instructions for assembling, installing and disassembling suspended work platform systems or powered boatswain’s chairs

    Work plans and roof plans

    Securing suspended work platforms or powered boatswain’s chairs to the face of a building or structure

    Electrical systems

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    o Limitations on what the competent worker can and cannot do with respect to electrical components (i.e. no connecting of system to a panel etc.)

    (2)The employer shall ensure the worker designated in ss.(1) successfully completes an oral and written evaluation based on the instruction in ss. (1). (3) The worker designated in ss.(1) shall demonstrate adequate knowledge and proficiency in the use of the following: a) Installing and torqueing rigging hardware in

    accordance with manufacturer’s instructions; b) Inspection of cable and terminations in accordance

    to manufacturer’s instructions; c) Tying of adequate knots (minimum 2 different

    knots); and d) Proper set-up of a suspended work platform system

    or boatswain’s chair in accordance with roof plans and manufacturer’s instructions including:

    o Selection and use of fixed supports o Equipment set-up o Use of hoist from weaving cable to using

    descent controls, emergency controls

    No corresponding requirement included in the MOL proposal.

    ii. In addition, the training must enable the competent worker to demonstrate proficiency in,

    installing and torqueing rigging hardware in accordance with the manufacturer's instructions;

    inspecting suspension lines and terminations in accordance with the manufacturer's instructions;

    adequately tying different knots (a minimum of two different knots);

    properly setting up a suspended work platform system or boatswain's chair in accordance with roof plans described in Recommendation 7 of this proposal and the manufacturer's instructions, including, but not limited to:

    selection and use of fixed supports;

    set-up of equipment;

    use of hoists from reeving cables;

    use of descent control devices and emergency

    ss.(2) of the SAE WG proposal: The MOL proposal does not include a corresponding requirement for oral and written evaluation as in subsection (2) of the SAE WG proposal. Such a requirement would be inconsistent with Ontario’s obligations under the intergovernmental Agreement on Internal Trade to reduce barriers to labour mobility. The MOL believes the next requirement below for a worker to demonstrate proficiency in the specified learning outcomes is more relevant for ensuring a worker has been adequately trained.

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    o Impact of different work plans on set-up

    o Public way protection.

    (4) A worker designated in ss.(1) shall have proof of training available on the project. (5) A worker designated in ss.(1) shall have refresher training on at least the items outlined in subsection (1) as required or at least every 3 years. (6) The employer shall keep a record of the training provided to a worker designated in ss.(1) and have it available for an inspector upon request.

    controls;

    impact of different work plans on set-up of equipment; and

    protection of public ways.

    Corresponding MOL requirement located to item (v) below.

    iii. The ministry proposes that the designated competent worker must have refresher training in the subjects listed in items “i” and “ii” above as often as required and, in any case, at least every three years.

    iv. The ministry proposes that the employer must ensure that the person who provides the training referred to in items "i", "ii" and "iii" above prepares a written training record for each worker who has successfully completed the training and signs the record. In addition, the employer must keep a record of the competent worker's training and make the record available to a MOL inspector upon request.

    ss.(4) of the SAE WG proposal: The MOL located the same requirement for workers to have proof of training at the end of this Recommendation as item (v).

    Item “iii” of the MOL proposal: Both proposals require refresher training be done every 3 years. This is for the convenience of workers and employers and would ensure consistency with the Working at Heights Training Program Standard that was released by the MOL’s Chief Prevention Officer in December 2013. This training standard specifies that worker certification is valid for 3 years from the date of successful completion of the program. Workers who are required to use fall protection equipment will need to complete a training program that meets the Working at Heights Training Program Standard as of April 1, 2015 in accordance with O. Reg. 297/13, Occupational Health and Safety Awareness and Training. Item “iv” of the MOL proposal: The proposed requirement is modelled on section 26.2 of the existing Construction Projects Regulation and would provide more clarity than the SAE WG proposal.

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    v. The ministry proposes that the worker must have written proof of completing the training, including refresher training, readily available at the project.

    Item “v” of the MOL proposal: The MOL’s proposed item (v) is similar to subsection (4) of the SAE WG proposal. Consultation Questions

    5. Do you agree with the list of training subjects in item “i” and learning outcomes in item ”ii” of Recommendation 6? Are there any training subjects or learning outcomes that should be added to or deleted from the proposed lists in Recommendation 6?

    6. How much detail should be included, if any, under each of the training subjects listed in item “i” of Recommendation 6 to ensure a worker is competent to inspect the installation of a suspended work platform system or boatswain’s chair?

    As a guide, the ministry has included below the detailed content for each of the training subjects listed in item “i” that was recommended by the industry Working Group mentioned in the Background part of the proposal. a) Rigging

    Torque procedures for hardware used in rigging Acceptable rigging hardware angles and means to

    obtain acceptable angles

    b) Methods to secure beams and equipment

    Blocking methods Fulcrum points Strength of structure in relation to blocking and

    material placement

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    c) Fixed supports

    Structural elements used for anchorage including parapets, roof

    Use of various methods to secure anchorage connectors

    Use of temporary anchors on buildings under construction (i.e. reading drawings to select the appropriate fixed supports identified on approved roof drawings described in Recommendation 7)

    d) Principles of suspension lines, hoisting devices and load limits

    Installation of protective devices on lifelines to prevent damage and abrasion to the lifelines

    Identify when a professional engineer is required (regulatory requirements, specialty systems etc.)

    e) Manufacturer’s instruction for assembly, installation and disassembly – more in-depth knowledge of load limits, inspection points, out of service criteria, annual inspections, record/log criteria, assembly drawings, use of different (not common but still in the manufacturer’s instructions) products such as truss beams and other beams

    f) Work Plans and Roof Plans

    More in-depth use of roof plans (how to read, critical items, etc.)

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    Know-how on development of a work plan Verifying roof plans versus actual on-site roof

    conditions

    g) Securing the suspended work platform or boatswain’s chair to building face – further instruction on means to secure the suspended work platform to building face in accordance with manufacturer’s instructions

    h) Electrical Systems:

    Voltage drop issues Proper set-up of electrical connections Proximity to power lines Assembly of power cords (waterproofing) Use of ground fault circuit interrupters (GFCIs) Instruction on required certification of components

    and identification of appropriate certification marks accepted by the Electrical Safety Authority e.g. Underwriters Laboratories of Canada (ULC) or CSA

    Limitations on what the competent worker can and cannot do with respect to electrical components (i.e. no connecting of system to a panel etc.)

    7. What would be the estimated cost to employers of complying with the proposed training requirements in Recommendation 6?

    8. How much time would the industry reasonably need to implement the ministry’s proposed training requirements in Recommendation 6?

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    Section 136.5 Roof Plans 136.5(1) Every Owner of a building or structure where a suspended work platform system or boatswain’s chair is to be used shall have a roof plan approved by a professional engineer that,

    (a) is comprised of drawings and layout diagrams showing positions of fixed supports on the building or structure that are adequate for the attachment of the suspended work platform system, boatswain’s chair and any lifelines, and

    (b) meets the requirements of CSA Z271-10, Safety

    Code for Suspended Platforms, Clause 10.1.2 (Roof Plan).

    Recommendation 7: New Requirements for Roof Plans i. The owner of a building or structure, where a suspended

    work platform system or boatswain’s chair is to be used, must prepare a roof plan that:

    a) Is approved by a professional engineer;

    b) Includes drawings and layout diagrams showing the positions of all fixed supports on the building or structure that are adequate for attaching the suspended work platform or boatswain's chair, and lifelines, if any; and

    c) Meets the requirements of Clause 8.2 of CAN/CSA Standard Z91-02 (R2008), Health and Safety Code for Suspended Equipment Operations.

    The MOL and SAE WG proposals are very similar except for the differences highlighted in yellow and noted below. Recommendation 7 of the MOL proposal is modelled on Section 39 of the Window Cleaning Regulation (Reg. 859), under the Occupational Health and Safety Act (OHSA) for building owners to provide roof drawings of anchor points and related structures. Currently, the Construction Projects Regulation does not require roof plans. The proposed requirement for roof plans would provide relevant information for employers and constructors for determining which fixed supports are to be used to attach the suspended work platforms and boatswain’s chairs on individual projects. Employers using suspended work platforms must be assured that the fixed supports they are to use to suspend their work platforms are adequate i.e. capable of supporting the weight of their work platform when loaded with workers and equipment and while in operation. ss.(1)(b) of the SAE WG proposal: Clause 10.1.2 of the CSA standard Z271-10 requires a roof plan to meet the requirements of Clause 8.2 of CAN/CSA Standard Z91-02 (R2008), Health and Safety Code for Suspended Equipment Operations. In contrast to the SAE WG, the MOL decided to make a direct reference to the CAN/CSA Standard Z91-02 (R2008) in its proposal to alert owners that another CSA standard is involved. The intent of both proposals is identical.

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    (2) The building or structure Owner shall provide a copy of the roof plan referred to in ss.(1)(a) and (b) to the constructor before the work is begun. (3) The building or structure Owner shall post a legible copy of the roof plan referred to in subsection (1)(a) and (b) at the building or structure near every entrance to the roof level or top level of the building or structure. (4) Where the building or structure does not have any adequate fixed supports in accordance with subsection (1), the Owner shall provide the Constructor with structural drawings for the building or structure, if available.

    ii. Where the building or structure owner does not have a roof plan, the ministry proposes that a plan must be prepared by the building or structure owner, employer or constructor as described in item "i" above.

    iii. The building or structure owner or the preparer of the roof plan, as the case may be, would be required to provide a copy of the roof plan to the constructor and employer before any work using a suspended work platform system or boatswain's chair begins.

    iv. The ministry proposes that the building or structure owner or the preparer of the roof plan, as the case may be, would be required to post a legible copy of the roof plan near every entrance to the roof level or top level of the building or structure where the suspended work platform system or boatswain's chair is to be used.

    v. If the roof plan does not identify appropriate numbers of fixed supports that are adequate for attaching the suspended work platform or boatswain's chair, and lifelines, if any, the ministry proposes to require,

    a) The building or structure owner to provide the constructor with structural drawings, if available, for the building or structure;

    Item “ii” of the MOL proposal: The addition of this requirement would provide clarity for building and structure owners as well as employers and constructors and would not change the intent of section 136.5 of the SAE WG proposal. Item “iii” of the MOL proposal: The MOL added the phrase “or the preparer of the roof plan, as the case may be” to correspond to its item “ii” above which provides for an employer or constructor, in addition to a building or structure owner, to prepare a roof plan. Item “iv” of the MOL proposal: See the MOL’s explanation for item “iii” above. Item “v” of the MOL proposal: Although the formatting of item (v) is different than ss.(4) and (5) of the SAE WG proposal, the content and intent are the same except for the addition of “lifelines if any” in the MOL proposal.

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    (5) (a) Where the building or structure has no adequate

    fixed supports in accordance with subsection (1), the Constructor shall have a professional engineer prepare, using the structural drawings provided under ss.(2), written procedures including a design drawing or drawings indicating the manner in which the suspended work platform system or boatswain’s chair is to be adequately supported from the building or structure during its operation.

    (b) Where the building or structure has no adequate fixed supports in accordance with subsection (1), and there are no structural drawings available for the building or structure in accordance with subsection (4), the Constructor shall have a professional engineer prepare written procedures including a design drawing or drawings indicating the manner in which the suspended work platform system or boatswain’s chair is to be adequately supported from the building or structure during its operation.

    b) The constructor to have a professional engineer, using the structural drawings provided by the building or structure owner, prepare written procedures, including design drawings, indicating the manner in which the suspended work platform or boatswain's chair, and lifelines if any, is to be adequately supported from the building or structure during its operation; and,

    c) If there are no structural drawings provided by the building or structure owner, the constructor to have a professional engineer prepare written procedures, including design drawings, indicating the manner in which the suspended work platform or boatswain's chair, and lifelines if any, is to be adequately supported from the building or structure during its operation.

    Consultation Questions

    9. Do you agree that requirements should be added to the Regulation for roof plans which indicate fixed supports that can be safely used for supporting suspended work platforms or boatswain’s chairs?

    10. Currently, are roof plans for existing buildings and structures as described in Recommendation 7 commonly available to constructors and SAE employers to help them identify the appropriate fixed supports to be used for their suspended work platforms or boatswain’s chairs? Currently, are fixed supports on a building or structure identified as being able to support a stated maximum load?

    11. Do you agree with the ministry’s approach to referencing the roof plan requirements of the CAN/CSA Standard Z91-02 (R2008), Health and Safety Code for Suspended Equipment Operations and CSA Standard Z271-10, Safety Code for Suspended Platforms? What are the advantages or disadvantages to this approach? Would this approach ensure and promote a level playing field in the industry?

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    Section 136.6 Inspection of Fixed supports 136.6(1) The Owner of a building or structure mentioned in section 136.5 shall cause all fixed supports identified in the roof plan prepared under ss.136.5(1) to be inspected by a professional engineer, (a) before being used for the first time after being

    installed on the roof, or after being repaired or modified;

    (b) thereafter as often as necessary but not less

    frequently than recommended by the manufacturer of the fixed supports and in any case, at least once a year; and

    (c) when advised by a professional engineer, or by an

    employer, supervisor or worker who has reason to believe a fixed support that they may have to use to support a suspended work platform, boatswain’s chair or lifeline is defective or not adequate.

    (2) The professional engineer conducting the inspection required by subsection (1) shall prepare a written report to the building or structure owner indicating,

    (a) the fixed supports are adequate and have no

    defects or hazardous conditions, or

    Recommendation 8: New Requirements for Inspection and Maintenance of Fixed supports i. The ministry proposes that a building or structure owner

    mentioned under Recommendation 7 of this proposal above must have a professional engineer inspect every fixed support identified in the roof plan,

    Before it is used for the first time after being installed on the roof or after it is repaired or modified;

    Thereafter as often as necessary but not less frequently than recommended by the manufacturer of the fixed support, and in any case, at least once a year; and

    When advised by a professional engineer or by an employer, supervisor or worker who believes that the fixed support is defective or not adequate to support a suspended work platform, boatswain's chair or lifeline.

    ii. The professional engineer must prepare a written report for the building or structure owner indicating,

    the fixed supports are adequate and meet the requirements proposed under Recommendation 9; or

    The MOL and SAE WG proposals are very similar except for the differences highlighted in yellow and noted below. Both proposals are modelled on Section 41 of the Window Cleaning Regulation and would apply to anchors or fixed supports identified in the building or structure owner’s roof plan. Currently, the Construction Projects Regulation does not require fixed supports to be inspected and maintained. The proposed requirements would ensure employers using suspended work platforms or boatswain’s chairs are aware of the condition of the fixed supports they must use to suspend their equipment and that the fixed supports are capable of supporting the weight of their work platform when loaded with workers and equipment and while in operation. Item “ii” of the MOL proposal: The MOL proposes to provide clarity for professional engineers who would be inspecting fixed supports by requiring the fixed supports to meet the technical criteria outlined in the MOL’s Recommendation 9.

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    (b) any defects or hazardous conditions detected in

    the fixed supports. (3) The building or structure owner shall ensure that:

    (a) any defects or hazardous conditions in any fixed support detected in the inspection in ss.(2) are repaired or corrected, and

    (b) before a fixed support that has been repaired or

    modified in ss.(a) is put into service, it is inspected and tested by a professional engineer in accordance with CSA Z271-10, Safety Code for Suspended Platforms, clause 11.3.3 and determined to be adequate to support a suspended work platform system, boatswain’s chair or lifeline.

    (4) A building or structure owner shall ensure that all fixed supports identified on the roof plan prepared under ss.136.5(1), are inspected and tested in accordance with CSA Z271-10, Safety Code for Suspended Platforms, Clause 11. (5) The building or structure owner shall, (a) keep a permanent record of the inspections, tests,

    repairs, modifications and maintenance performed

    any defects or hazardous conditions detected in any of the fixed supports.

    iii. The ministry proposes that the building or structure owner must ensure that,

    any defects or hazardous conditions of a fixed support specified in the professional engineer's report are repaired, modified or corrected; and

    before being put back into service, the fixed support that has been repaired or modified is inspected and tested by a professional engineer in accordance with Clause 11.3.3 (Anchorage connectors) of CSA Standard Z271-10, Safety Code for Suspended Platforms, and determined to be adequate to support a suspended work platform, boatswain's chair or lifeline.

    iv. The ministry proposes that the building or structure owner must ensure that all fixed supports identified in the roof plan are inspected, tested and maintained in accordance with Clause 11 (Inspection and Testing) of CSA Standard Z271-10, Safety Code for Suspended Platforms and manufacturer’s instructions.

    v. In addition, the ministry proposes that the building or structure owner must,

    keep a record of all inspections, tests, repairs, modifications and maintenance performed under this

    Consultation Questions

    12. What kind of inspection and maintenance program do you currently have for the fixed supports or roof anchors on your building or structure?

    13. How much time would building or structure owners, constructors and employers reasonably need to implement the ministry’s proposed requirements in Recommendation 8?

    14. Currently, do fixed supports that are to be used to support SAE undergo regular inspections and maintenance and are the inspection and maintenance records readily available to SAE employers?

    15. Would this requirement impose a significant burden and/or cost on building or structure owners?

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    FINAL SAE WG PROPOSAL

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    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    under ss.(1)(2)(3) and (4), in accordance with CSA Z271-10, Safety Code for Suspended Platforms, Clause 13, Equipment log;

    (b) maintain and retain the permanent record in ss.(a)

    as long as the fixed supports are used, and (c) make the permanent record in ss.(a) available to an

    inspector upon request.

    section, in accordance with Clause 13 (Equipment Log) of CSA Standard Z271-10, Safety Code for Suspended Platforms, while the fixed supports are used; and

    make the record available upon request to an inspector or an employer using the suspended work platform or boatswain's chair.

    Section 137 Outrigger Beams and Suspension Systems 137 (1) This section applies to every suspended work platform system and boatswain’s chair. (2) A suspended work platform or boatswain’s chair shall be attached to a fixed support or outrigger beam in accordance with the manufacturer’s instructions.

    Recommendation 9: Fixed supports, Suspension Lines and Hoisting Devices i. This section applies to every suspended work platform system and boatswain’s chair.

    ii. The MOL proposes to replace subsection 137(2) of the Regulation with the following proposal:

    a) A suspended work platform and boatswain's chair, and their suspension lines, must be attached to a fixed support in accordance with the manufacturer's instructions;

    The MOL proposes to no longer refer to “suspended scaffolds” in Sections 136.1 to 141 of the Regulation. The ministry also proposes that the term “scaffold” would refer only to a scaffold that is supported from underneath. Structures previously considered to be “suspended scaffolds” would be considered to be stacked or tiered suspended work platforms. This would be consistent with the ministry’s proposal to have Sections 136.1 to 141 inclusive apply to “suspended work platform systems and boatswain’s chairs” to clearly differentiate them from other requirements applicable to scaffolds. The MOL’s Recommendation 9 includes most of the requirements in the SAE WG proposal as well as additional requirements that the MOL believes are necessary to ensure the health and safety of workers using suspended access equipment (highlighted in yellow). The ministry proposes to provide more clarity regarding the design and installation of fixed supports, anchorage connectors, suspension lines and hoisting devices by harmonizing the existing regulatory

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    FINAL SAE WG PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL

    and SAE WG proposals are highlighted in yellow)

    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    (3) A fixed support or outrigger beam shall be capable of supporting at least four times the maximum load to which it may be subjected without exceeding the allowable unit stresses for the materials of which it is constructed and without overturning.

    b) (i) A fixed support must be designed and constructed to support all loads to which it may be subjected, and

    (ii) in designing an outrigger and supporting structure, excluding anchorage connectors, the following values of load factors must be used, using the Limit States Design Methodology in the Ontario Building Code:

    Live Load factor αL = 3.0, and Dead Load factor αD = 1.25

    iii. The ministry proposes to amend the current subsection

    137(3) to clarify that a component of a fixed support that may be subject to overturning must be designed and constructed to support at least four times the allowable suspended load or force to which the component may be subjected without overturning.

    requirements with the CSA standard Z271-10, Safety Code for Suspended Platforms. Although not explicitly referenced in all the proposed requirements, the ministry’s proposed design requirements are consistent with the CSA standard. Harmonizing with the CSA standard would codify the industry’s current practice of following the CSA standard, update current design requirements in the Regulation, allow for the use of the limit states design methodology and ensure consistency and a level playing field for the industry. Item “ii”(b) of the MOL proposal: The proposed load factors are consistent with the CSA Standard Z271-10, Safety Code for Suspended Platforms which references the National Building Code of Canada. This Code is an umbrella code meant to apply nationally to all provinces and territories. Since the Ontario Building Code (rather than the National Building Code) is the applicable code in Ontario, the ministry proposes that the Ontario Building Code as defined under the OHSA be the code that is used when complying with the CSA Standard. The ministry proposes to provide more clarity and consistency regarding the design of fixed supports used for suspended work platforms by indicating the load factors to be used. Item “iii” of the MOL proposal: The MOL’s proposal is very similar to that of the SAE WG but provides additional clarification without changing its intent.

    http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90o01_e.htm

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    FINAL SAE WG PROPOSAL

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    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    (4) An outrigger beam shall be tied back to a fixed support with a secondary line, each of which is capable of supporting the weight of the suspended load and the supporting system.

    iv. The ministry proposes that:

    (a) Subject to item (b) below, an anchorage connector must be designed to:

    resist the application of 22.2 kilonewtons in any direction without fracture of any component or pullout, or both, from the fixed support; and,

    resist a test loading of 11.1 kilonewtons without permanent deformation of any component when subjected to test loading in the direction(s) that generate the most critical effect on the fixed support with respect to stability and strength.

    (b) For a work platform with a span greater than 12 metres and up to 30 metres between adjacent points of suspension, the anchorage connectors used to support a suspended work platform system must be designed in accordance with good engineering practice to support the allowable suspended load and the minimum live loads specified in item “vii” of Recommendation 11 of this proposal for the length of the work platform to be used.

    v. The ministry proposes to revise subsection 137(4) of the

    Regulation to clarify that if an outrigger beam is to be used as a fixed support, it must be tied back and securely fastened to the structure or a component of such a structure by a secondary cable or wire rope capable of supporting the allowable suspended load.

    Item “iv” of the MOL proposal: The MOL proposes different design requirements for anchorage connectors based on the span of the work platform to be suspended. The proposed design requirements for anchorage connectors for work platforms with spans less than 12 metres are consistent with the CSA Standard Z271-10, Safety Code for Suspended Platforms. This standard is generally followed by the industry. However, according to an internal ministry study, typical anchorage connectors for swing stages with spans in excess of 12 metres would not meet the current loading requirements of 2.4 kilonewtons per square metre as required in the CSA Standard and current section 134 of the Regulation. This means the design requirements in the CSA Standard for swing stages with spans greater than 12 metres are less stringent than currently required in the Regulation, thus putting workers’ safety at risk. For this reason, the MOL proposes a different design requirement for anchorage connectors used to suspend work platforms with spans greater than 12 metres that is not linked to the CSA standard.

    Item “v” of the MOL proposal: The MOL proposes to revise subsection 137(4) of the Regulation for greater clarity. The original intent remains unchanged.

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    FINAL MOL PROPOSAL

    Proposed Changes (Substantial and relevant differences between the MOL and SAE

    WG proposals are highlighted in yellow)

    MOL Rationale for its proposed changes and for differences between the SAE WG and MOL proposals

    (5) An outrigger beam shall be secured against horizontal and vertical movement. (6) An outrigger beam shall have securely attached counterweights th


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