Occupational Health and Safety Legislation


The following items were copied from the most current version of the Occupational Health and Safety legislation.  Please read and understand these codes before working for Wall FX Ltd.


Existence of Imminent Danger


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(1)  No worker shall:
a)    carry out any work if, on reasonable and probable grounds, the worker believes that there exists an imminent danger to the health and safety of that worker,
b)    carry out any work if, on reasonable and probable grounds, the worker believes that it will cause to exist an imminent danger to the health or safety of that worker or another worker present at the work site, or
c)    operate any tool, appliance or equipment if, on reasonable and probable grounds,      the worker believes that it will cause to exist an imminent danger to the health or safety of that worker or another worker present at the work site.
    

(2)   In this section, “imminent danger” means in relation to any occupation
a)    a danger that is not normal for that occupation, or
b)    a danger under which a person engaged in that occupation would not normally carry out the person’s work.
    

(3)  A worker who
a)    refuses to carry out work, or
b)    refuses to operate a tool, appliance or equipment pursuant to subsection (1) shall, as soon as practicable, notify the worker’s employer at the work site of the worker’s refusal and the reason for the worker’s refusal.
    

(4)  On being notified under subsection (3), the employer shall
a)    investigate and take action to eliminate the imminent danger,
b)    ensure that no worker is assigned to use or operate the tool, appliance or equipment or to perform the work for which a worker has made a notification under subsection (3) unless
i.    the worker to be so assigned is not exposed to imminent danger, or
ii.    the imminent danger has been eliminated,
c)    prepare a written record of the worker’s notification, the investigation and action
taken, and
d)    give the worker who gave the notification a copy of the record described in
clause (c).


     (5)  The employer may require a worker who has given notification under subsection
           (3) to remain at the work site and may assign the worker temporarily to other work
            assignments that the worker is reasonably capable of performing.



Where Disciplinary Action Prohibited


36 No person shall dismiss or take any other disciplinary action against a worker by reason of that worker acting in compliance with this Act, the regulations, the adopted code or an order given under this Act or the regulations.


Part 9 Fall Protection


Rescue Personnel Exemption

138 Rescue personnel involved in training or in providing emergency rescue services may use equipment and practices other than those specified in this Part.


General Protection

139  (1) An employer must ensure that workers use a fall protection system at a temporary or permanent work area if
a)    a worker may fall 3 metres of more, or
b)    there is an unusual possibility of injury if a worker falls less than 3 metres.

(2)    For the purposes of this section, there is an unusual possibility of injury if the injury may be worse than an injury from landing on solid, flat surface.

(3)    An employer must ensure that a worker at a permanent work area is protected from falling by a guardrail if the worker may fall a vertical distance of more than 1.2 metres and less than 3 metres.

(4)   Despite subsection (3), if the use of a guardrail is not reasonably practicable, an employer must ensure that a worker uses a travel restraint system.

(5)   Despite subsection (4), if the use of a travel restraint system is not reasonably practicable, an employer must ensure that a worker uses an equally effective means that protects the worker from falling.

(6)  A worker must use or wear the fall protection system the employer requires the worker to use or wear in compliance with this Code.


Anchor Points


140 If a worker uses a personal fall arrest system or a travel restraint system, the worker must ensure that it is safely secured to an anchor point of plate that meets the requirements of this Part.

Special Protection


141 (1)  An employer must ensure that a worker on an elevating work platform or aerial device uses a travel restraint system.
      
(2)  Subsection (1) does not apply to a worker on a scissor lift, or an elevating work platform with similar characteristics, that is operating on a firm, substantially level surface with all the manufacturer’s guardrails and chains in place.
      
(3)  If a fork-mounted work platform is elevated to a height of 3 metres or more above the ground and any portion of the guardrail system has been removed, an employer must ensure that a worker on the platform uses a travel restraint system.
      
(4)  Despite subsections (1) and (3), if a worker’s movement cannot be adequately restricted in all

 directions, the employer must ensure that the worker uses a personal fall arrest system.
      
(5)  An employer must ensure that a worker who is being raised or lowered in a man basket uses a personal fall arrest system.
      
(6)  An employer must ensure that a worker who is working from a portable ladder referred to in section 137 uses a personal fall arrest system.