Overview

This section includes information about possible means to achieve compliance for the listed situations. It does not represent the exhaustive measures and procedures required by the Occupational Health and Safety Act (OHSA) and its regulations related to access and egress from a work area, including access at heights requirements using tools and equipment.

This resource does not replace the Occupational Health and Safety Act (OHSA) and its regulations and should not be used as or considered legal advice. Health and safety inspectors apply and enforce these laws based on the facts they find in the workplace.

Program positions herein discussed relate to sections 70 to 86, 125 to 149 and 153 of O. Reg. 213/91.

Access to and egress from a work area

Installing temporary stairs into basement

Issue:

How to assess the suitability and safety of temporary basement stairs?

Position:

Ontario Regulation 213/91 (sections 70 and 76-77) addresses this issue. The ministry’s compliance guidance includes a safety checklist for the adequate design, installation, and maintenance of temporary stairs. Also, the IHSA publication related to this topic provides guidance to stakeholders on how to achieve compliance.

Adequate egress for emergency

Issue:

What constitutes an adequate egress for emergency; is one exit enough?

Position:

The ministry’s position is that adequate egress requires two exits (a stairwell in high-rise is considered an exit) with no more than 200 ft between exits. This guidance is based on NFPA 101 Life Safety Code, Edition 2012 Standard Guidance, articles 4.6.10.2 and 7.4.1.1, according to which the “adequate means of egress” involves providing at least two exits and making sure that the travel distance between exits does not exceed 200 feet. Furthermore, a general rule is that the maximum travel distance to at least one exit shall not exceed 150 ft in buildings not sprinkled or 200 feet in buildings protected throughout by an approved supervised sprinkler system. It is to be noted that the NFPA 101 extends the criteria for “adequate means of egress” for emergency to buildings under construction. The applicable provisions are O. Reg. 213/91 s. 17 and 71 and clause 25(2)(h) of the OHSA, which requires an employer to “take every precaution reasonable in the circumstances for the protection of a worker.”

Exceptions: Considerations need to be made for the following situations where the 150 ft max. distance to an emergency exit may not be practicable. A case-by-case assessment would need to be made and a rationale must be provided for deviating from the general rule:

  • Tunnelling situations – see Part IV of the regulation.
  • Pouring concrete at the uppermost floor, in buildings where limited space is available for access/egress.

Two-Steps, step stools, step-ups and hop-ups – ladders or work platforms

Issue:

Step stools, step-ups and hop-ups; are they ladders or working platforms?

Position:

The regulation for construction projects, O. Reg. 213/91 clearly distinguishes ladders from platforms, each being assigned its own sections. A “step stool” (a type of step ladder) defined in the regulation is not a “platform” and therefore is not subject to sections 73 or 74 (Platforms, Runways and Ramps). The regulation permits workers to stand or step on “step-stools” provided they are compliant with the applicable ladder sections and used according to the manufacturer’s instructions.

Rolling ladders

Issue:

Should rolling ladders comply with the ladders or working platforms requirements?

Position:

Rolling ladders may be used in lieu of step ladders but not as a work platform. Employers must always follow manufacturer instructions when using rolling ladders.

Working from ladders

Issue:

Is working from ladders allowed on construction projects? Are there any limitations to working from ladders?

Position: 

Working from ladders is allowed in construction. Depending on the circumstances, the applicable provision could be in the regulation, or the employer general duty found in clause 25(2)(h) of the OHSA. The updated “ladder guideline” reviewed by the Provincial Labour-Management Health and Safety Committee (PLMHSC) provides reasonable guidance to this effect.

If a work platform can be provided (scaffold, elevated work platform), then it must take precedence over using a ladder. Exceptions may be made on a case by case basis considering factors such as, feasibility, length of task, risk assessment criteria and outcome.

If a ladder has been misused, and no risk assessment has been provided, the appropriate section of the regulation may be invoked as needed, and, in instances not covered by the regulation, could be covered by clause 25(2)(h) of the OHSA.

Ladders use on scaffolds

Issue:

Is it permissible to use a ladder on a scaffold?

Position: 

Using a ladder on a scaffold is likely to raise health and safety concerns in most situations, and there are several provisions in both the OHSA and the regulation that are relevant. Depending on the circumstances, the applicable provision could be in the regulation, or the employer general duty found in clause 25(2)(h) of the OHSA. It is also possible that a ladder could be properly used on a scaffold without contravening a section of the OHSA or O. Reg. 213/91. The following are relevant requirements to be considered before using a ladder on a scaffold:

  • An employer must take every precaution reasonable in the circumstances for the protection of a worker (clause 25(2)(h) of the OHSA).
  • All vehicles, machines, tools and equipment shall be used in accordance with any operating manuals issued by the manufacturer (subsection 93(3) of O. Reg. 213/91). 
  • Where work cannot be done on or from the ground or from a building or other permanent structure without hazard to workers, a worker shall be provided with a scaffold, a suspended work platform, a boatswain’s chair or a multi-point suspended work platform that meets the requirements of the regulation (subsection 125(1) of O. Reg. 213/91).
  • The technical requirements for scaffolds and work platforms (sections 126 to 136.0.1 of O. Reg. 213/91).
  • The requirements for use of ladders (sections 78 to 84 of O. Reg. 213/91).
  • No barrel, box or other loose object shall be used as a workplace or as a support for a ladder, scaffold or work platform (section 115 of O. Reg. 213/91).

It is the responsibility of the employer who exercises his or her right under section 3 to provide information that proves equivalency to the inspector. The employer may employ the services of an Ontario engineer to confirm the equivalency of ANSI, CSA or CAN standards – where applicable.

Climbing of steel columns

Issue:

Is climbing of columns in the initial connection of structural steel allowed?

Position:

No, the regulation for construction projects does not allow climbing of columns in the initial connection of structural steel. This would not comply with the requirements of section 70 of O. Reg. 213/91, which requires that access to and egress from a work area located above or below ground level shall be by stairs, runway, ramp or ladder, or a work platform within the meaning of s.136.1 (s.70(2)). It would also not comply with section 71 of O. Reg. 213/91 which requires “adequate means of egress […] to permit the evacuation of workers during an emergency”. Should those adequate means of egress be available and in compliance with s.70, then they could be used for access in lieu of climbing the steel columns. Connecting structural steel members may be carried out using a scaffold, suspended equipment, or an elevating work platform as respectively outlined in sections 125 and 143 of O. Reg. 213/91.

Section 3 of  the regulation may not apply to climbing the steel columns in lieu of using stairs, runway, ramp or ladder. This would be a substitution of the allowed means of access to or egress from the workplace and s.3 only permits variation. Furthermore, such substitution does not afford protection for the health and safety of workers that is at least equal  to the protection that would otherwise be given.

Scaffolds and work platforms

Ladder jacks’ applicable requirements

Issue:

What are the applicable regulatory requirements for ladder jacks?

Position:

Ladder jacks are considered scaffolds and would have to comply with scaffolding requirements such as width requirements, strength criteria, and stability issues. If there is any question about how they are being used or their capacity, inspectors would require an engineer to certify that they are used in accordance with manufacturer’s design and as intended.

Access to and egress from a scaffold

Issue:

Is it permissible to climb up part of the scaffold frame to access the scaffold?

Position:

Climbing a part of a scaffold frame to access the scaffold’s work platforms is permitted if the manufacturer designed that part of the scaffold frame as a ladder and that ladder complies with the ladder sections of the regulations.

Full width planking of a scaffold or work platform

Issue:

If the platform height is 2.4 metres or more do all levels need to be fully planked or just the level workers are on?

Position:

Only levels being used as a work platform are required to be fully planked. No planking is required on levels that are not being used as a work platform, unless specified by the manufacturer.

Scaffold moving using forklifts

Issue:

Is it permissible to move a built-up scaffold using a forklift?

Position:

Using a forklift to move a scaffold is acceptable following manufacturers’ instructions or engineered procedure. The documentation related to the manufacturer’s instructions or to the engineered procedure would have to address the structural integrity of the scaffold and any hazards associated with moving the scaffold, e.g. stability of the load, overhead obstructions (power lines). A worker may not be on the scaffold when the scaffold is being moved using a forklift when the practice has been allowed by the manufacturer.

Scaffold tarping

Issue:

Can tarps be used on a scaffold?

Position:

If tarps or enclosures are added to a scaffold structure, which does not include tarps or enclosures in its design drawings, then the design drawings for the scaffold and the tarping on the scaffold should be reviewed and approved by the manufacturer or by an engineer should the manufacturer be no longer in business, prior to set up. This is to ensure that the scaffold structure can withstand potential forces of the wind (clause 134(1)(a)). The design drawings must be available at the project and the scaffold must be erected as per the drawings.

Engineered frame scaffold systems

Issue:

How do I comply with clause 130(1)(a) for a scaffold erected fifteen meters in height above its base support?

Position:

Before scaffold installation, design drawings stamped by an engineer are required to be on a project. Once the scaffold is erected, as per the design drawings, a written report must be signed and dated by an engineer or a competent worker designated by the supervisor of the project, indicating that the scaffold has been built in according to the design drawings.

Scaffolding with meshed netting or tarp and engineering requirements

Issue:

What engineering, if any, is required for scaffolding erected with meshed netting or knotted tarp on one or more sides?

Position:

A scaffold shall be designed by a professional engineer and erected in accordance with the design drawing where the scaffold exceeds the height requirements in s.130(1) of the regulation. If mesh, netting, or knotted tarp is added to a scaffold structure and is not included in the scaffold design drawing, then the design drawing for the scaffold must be re-engineered by a professional engineer to include the mesh, netting or knitted tarp, prior to set up. This is to ensure that the scaffold structure can withstand potential forces transmitted to the scaffold by wind forces. The scaffold must be inspected by a professional engineer or competent worker prior to use and a written statement must be prepared indicating whether the scaffold is erected in accordance with the design drawing. The design drawing and written statement must be available at the project.

Mesh, netting, and knotted tarp has holes (typically 1/16" holes used for scaffold debris netting) or openings that allow air to pass through the material. Depending on the size and distribution of the holes, the density of the material, mesh netting, or knotted tarp, will in windy conditions, add additional loads on the scaffold structure and supporting structures or surfaces to which the scaffold is attached (tie-ins). These additional forces need to be addressed in the scaffold design. As per clause 134(1)(a) of O. Reg. 213/91, all scaffolds and work platforms, regardless of whether s.130 applies, shall be designed to withstand all and forces to which it is likely to be subjected, including forces transmitted by the wind on any mesh or netting or knotted tarp placed on any side of the scaffolding.

Requirements for pump jack systems scaffolds used on projects

Issue:

What are the requirements for pump jack systems to be used on a project?

Position:

Employers may use pump jack scaffold systems if the scaffold system has been fabricated, assembled, used and maintained according to an engineered design that meets the requirements of the Regulation for Construction Projects (O. Reg. 213/91), namely sections 31, 93, 126, 128, 131, 135 and 136.

A copy of the system drawings indicating the rated load carrying capacity of the system and written instructions for the safe assembly, use, maintenance and dismantling of the system must be signed and sealed by an engineer and available at the project.

There is no current CSA standard that deals with "Pump Jack Systems"; however, ANSI/ASSE A10.8-2011 Scaffolding Safety Requirements refers to them and includes guidance. Inspectors may ask for manufacturing design/instructions while on site for verification purposes.

New equipment and technologies related to access equipment

Issue:

How does the ministry determine whether a new access equipment or technology complies with regulatory requirements?

Position:

The MLITSD does not endorse or “approve” new products available on the market and if inspectors encounter new technology used to access work at height the equipment will be assessed on a case by case basis considering the circumstances and documentation available at the time of the inspection. Regulatory requirements will be consulted, including both the ladder and work platform sections when reviewing the use of new technology or equipment. Sections 79, 134 and 135 of O. Reg. 213/91 are the most relevant. The certification of the new equipment to a CSA standard for ladders or work platforms would also be considered when determining the safety of the equipment.

Acceptable compliance with subsection 129(3)

Issue:

Is the moving of a scaffold mounted on castors or wheels allowed when workers are on one of its platforms that is 2.4 m or higher above its base?

Position:

An acceptable means of compliance with the fall arrest requirements is for the worker not to be present on the scaffold while it is in motion. If not, the fixed support referenced in clause (a) of subsection 129(3) should be independent from the scaffold.

Suspended platforms and boatswain’s chairs

Written rescue procedures and suspended access equipment

Issue:

Are written rescue procedures needed when a worker is using a fall restricting system (instead of fall arrest) on suspended access equipment (swing-stage)?

Position:

Yes. Written rescue procedures are required when workers are using suspended access equipment. The employer is not exempt from having written procedures for the rescue of a worker using suspended access equipment if they use a fall/travel restricting device. Section 141.5 of O. Reg. 213/91 is quite specific in this regard, namely in its clause 141.5(1)(a).

Tube and clamp suspended system

Issue:

What are the applicable regulatory requirements for a tube and clamp suspended by more than two points of suspension?

Position:

Any work platform that is more than 750 millimetres in width that is suspended from above by more than two points of suspension (regardless of the mechanism of suspension) is a “multi-point suspended work platform”. The multi-point suspended work platforms provisions apply to such systems: they are outlined in sections 142.1 to 142.8 of O. Reg. 213/91

Work platforms that are between 240 millimetres and 750 millimetres in width that are suspended by more than 2 points of suspension must comply with the provisions of sections 31, 93, 131, 135 and other applicable sections of the regulation, in addition to clause 25(1)(e) of the Occupational Health and Safety Act.

Elevating work platforms fall protection requirements

Issue:

What type of fall protection is acceptable to address the “ejection” hazard for self-propelled scissor lift type vs self-propelled boom type Elevated Work Platform (EWP).

Position:

To prevent ejection from scissor type lifts, only when moving horizontally or vertically, any type of fall protection system attached to the EWP that would not allow the worker to fall outside the guardrail or edge of the platform is acceptable.

For a self-propelled or vehicle-mounted boom-type EWP or vehicle-mounted aerial device, the worker must always be protected against ejection: whether the EWP is moving or stationary.

Elevating work platforms attachment to extend the reach

Issue:

Under what conditions would attachments that provide additional reach to elevated work platforms be accepted on a project?

Position:

The attachment would be acceptable provided it is used according to the manufacturer’s instructions and it has guardrails. The worker must be protected by fall protection connected to an anchorage point on the platform, which is engineered and installed to withstand forces applied by the worker’s fall.

Mast climbing work platforms

Issue:

What are the compliance requirements for mast climbing work platforms used on construction projects?

Position:

A mast climbing work platform is a type of elevating work platform which is supported by single or multiple masts and utilizes a mechanism which allows the platform to be raised and lowered on the masts. The general requirements of sections 143-149 apply to this equipment when used on a construction project.

It is a requirement to  take all reasonable precautions for the protection of the worker and to ensure that the surface on which the mast climbing platform is erected, or the structure to which it is attached, can support or resist all loads to which it is likely to be subjected (O. Reg. 213/91, section 31). To ensure that the requirements are met it is advisable that an engineer prepares site specific erection drawings, bearing the engineer’s signature and seal. These drawings should be kept on the project. Section 144 requires that the work platform meet the requirements of the applicable National Standards of Canada standard and to support a minimum of 1.3 kilonewtons rated working load as determined in accordance with the applicable National Standards of Canada standard.

It is  also advisable, that prior  to being operated or used, a written inspection report be prepared by the engineer or a competent worker designated by an engineer stating that the system has been inspected and is erected and installed as per the engineered drawings.

In addition, the employer must ensure that:

  • the operator’s manual is kept available with the elevating work platform while it is on the project
  • the elevating work platform be inspected each day before use, in accordance with the manufacturer’s instructions, by a worker trained in accordance with section 147 (s. 144(3)(b)) and in accordance with the applicable National Standards of Canada standard
  • the following information is included on signs or decals clearly visible to the operator at its controls indicating:
    •  the rated working load restrictions for the platform
    • all limiting operating conditions including the use of outriggers, stabilizers and extendable axles
    • the specific firm level surface conditions required for use in the elevated position
    • such warnings as may be specified by the manufacturer
    • other than for a boom-type elevating work platform, the direction of machine movement for each operating control
    • the name and number of the National Standards of Canada standard to which it was designed and
    • the name and address of the owner
  • workers on the platform are adequately trained to operate the platform and that their proof of training be made available to an inspector upon request

Learn more about the safe use, maintenance and inspection of a mast climbing work platform.

Mast climber and fall protection

Issue:

Under what conditions are workers required to use fall protection when working from a mast climber?

Position:

Workers on a mast climber platform are required to wear fall protection and have working at heights training if:

  • a guardrail is temporarily removed, and the worker is exposed to a fall hazard or
  • the open gap is greater than 152 mm (6 in) between the building surface and the platform and the worker is exposed to a fall of 2.4 m or greater

Fall protection to prevent ejection while the platform is moving is not required if workers are protected by guardrails from all open sides of the platform. (clause148(2)(a)).

Elevated work platform and vehicle mounted bridge inspection devices

Issue:

Are vehicle mounted bridge inspection devices considered elevated work platforms and if so, what standard should they be designed and built to?

Position:

Vehicle mounted bridge inspection and maintenance devices are considered a type of Elevated Work Platform under the construction regulation but are not covered by the CSA standards referenced in section 144(6) of Reg. 213/91. These devices must meet the ANSI A92.8 – 2012 standard. This sets out all the safety criteria the devices must meet including the need for guardrails around the platform and a protection from ejection by a method of fall protection when the platform is moved.

Documentation that workers have been trained in the safe operation of the equipment and that the device meets ANSI standard ANSI/SIA A92.8-1993 (R 1998) must be kept on the project. Additional traffic control measures may be required due to the placement of the device on the roadway.

Elevated work platforms modification

Issue:

What documentation is required if the employer carries out a modification to an elevated work platform?

Position:

Any modification of an elevated work platform will have to be done following the manufacturer's operating manual or be accompanied by a report signed and sealed by an engineer stating that the modification does not reduce the safety factor of the EWP. “No modification to, extension to, repair to or replacement of a part of a vehicle, machine, tool or equipment shall result in a reduction of the safety factor of the vehicle, machine, tool or equipment.” (subsection 95(2) of O. Reg. 213/91). Furthermore, “all vehicles, machines, tools and equipment shall be used in accordance with any operating manuals issued by the manufacturers” (subsection 93(3) of O. Reg. 213/91). Ideally, if the manufacturer is in business, such modification must approved by the manufacturer, and, otherwise,  an engineer may carry out the modification.

Elevated work platform used for access

Issue:

Can an elevated work platform be used as a means of access and can it be left in a raised position – to access the floor or roof?

Position:

Working from a powered elevated work platform typically restricts workers to staying on the surface of the platform that is protected by guardrails. However, sometimes exiting the platform in a safe manner is expedient to perform work and represents little residual risk to worker.

Workers may exit a raised work platform under the following conditions:

  • Such use is permitted by the manufacturer and a gate access is provided.
  • The procedure for exiting is approved by an engineer if no manufacturers recommendation is available.

Such use will typically include grounding the platform on a roof where possible at a point where no fall hazard exists for workers exiting. The use of double lanyards, and or lifelines must be immediately accessible to workers exiting the platform.

Workers must be protected by a fall protection system, or not exposed to a fall hazard when leaving the platform.

*Note O. Reg. 209/01 (Elevating Devices) under the Technical Standards and Safety Act (TSSA) includes requirements related to use of work platforms for access. Employers/constructors must be aware that other legislation may apply when using a platform in this way and are responsible for compliance.

Elevated work platform training requirements

Issue:

Does the manufacturer and model number of the elevated work platform need to be on the training documentation or is a generic training document stating that the worker has been trained according to the standard of the machine sufficient?

Position:

Training must be specific to the class of EWP being used and the manufacturer and model number of the elevated work platform should be indicated on the training documentation.

Variation man basket suspended by a crane (s. 153)

Issue:

Under what conditions will the ministry accept a variation of prescribed design requirements outlined under section 153 for a platform attached to a crane used to raise, support or lower workers (man-basket)?

Position:

Section 153 outlines the pre-condition (conventional access equipment cannot be used), and other requirements that must be met if a platform attached to a crane is used to raise, support or lower a worker.

The employer may vary from the requirements of s. 153 if engineering documentation states that the safety factors for the equipment and worker’s safety will not be diminished by the variance.

The variance under section 3 of the Regulation would be considered on a case-by-case basis and must meet the criteria indicated: at least equal (or greater) protection for the worker.