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:

  • housekeeping
  • fire protection
  • public way protection
  • traffic control
  • hot tar or bitumen road tankers or kettles

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 discussed relate to sections 31 to 69.1 and 211 of the regulation for construction projects: O. Reg. 213/91.

Housekeeping

Storage and placement of materials adjacent to an excavation

Issue:

How much space should be left from the edge of an excavation before material storage is allowed? Clause 40(1)(c) states 1.8 metre but subsection 233(1) states 1 metre.

Position:

The more applicable of the two distance requirements for an excavation as far as clear space at the upper edge of its walls is in subsection 233(1). However, when it comes to “stored, stacked or piled” material, the 1.8 m distance to the excavation applies. In other words, while material is being removed from the excavation, it must not be placed closer than 1.0 m to the edge of its walls, after which it is either removed and taken away or allowed to be stored, stacked or piled at least at a distance of 1.8 m or more from the excavation walls. 

Defining “adequately lit”

Issue:

What is considered “adequately lit” in section 45?

Position:

Essentially any part of the workplace (project) where a worker’s presence is not explicitly prohibited, including entrances and exits, must be adequately lit (section 45 of O. Reg. 213/91).

The term “adequate” is defined in section 1 of O. Reg. 213/91 as follows:

When evaluating lighting conditions at workplaces and on construction sites, the person carrying out the assessment may use as a minimum standard the safety and security illuminance recommendations set out by the Illuminating Engineering Society of North America (IESNA) in the “The Lighting Handbook, 10th Edition.

When considering minimum illuminance levels related to safety, the intent is to provide adequate lighting to ensure workers can safely access and egress work areas and have sufficient light to recognize hazards in the performance of work tasks.

Minimum lighting level targets should be established by considering the following three factors:

  • the level of activity in a space
  • the nature or degree of the hazards requiring visual detection
  • the general reflectance of the surfaces in the space

Construction tasks often involve tools and equipment that can result in serious injury. For these reasons the degree of hazard related to construction work activities that must be detected is considered high and critical for detection.

The surfaces on a construction site will be generally low reflectance such as concrete, unfinished wood surfaces, dirt, gravel etc.

Therefore, the recommended minimum illuminance levels at construction sites are generally determined by examining the level of activity expected in the areas.

The aforementioned “Lighting Handbook” provides the following guidance respecting the minimum lighting, deemed sufficient to fulfil the adequate lighting requirement outlined in the regulation:

  • Areas with low or very low volumes of activity would be expected to have a minimum illuminance level of 30 lux at ground level. 
  • Areas with moderate volumes of activity, characterized by some amount of constant activity by people over extended periods or swells of activity from time to time, would require a minimum illuminance of 40 lux. 
  • Areas with high volumes of activity, with consistently high volumes of people or extreme swings of very high volumes through an area, would have a minimum illuminance requirement of 75 lux. 

Illuminance in an area must adequately indicate dangers and hazards and should be free of glare, shadows and extreme illuminance changes which can contribute to accidents. 

Beyond the level of illumination in an area the uniformity of the light must also be examined when considering if an area is adequately lit. 

To avoid hazards associated with shadowed areas, the uniformity of the lighting must be maintained. The IESNA Table 25.2 Safety and Security Illuminance Recommendations (in “The Lighting Handbook, 10th Edition) specifies a maximum to minimum illuminance values in an area should be no greater than 10:1 ratio.

An employer should consider the following factors when determining if an area or passage is ‘adequately lit’, and ministry inspectors may inspect to determine whether such factors were properly evaluated:

  • the degree of hazard in the area (obstacles, openings, moving loads, vehicles)
  • the level of activity (primary access/egress, busy work zone etc.)
  • lighting uniformity (are there gaps in lighting creating dark zones)
  • lighting intensity (is the position (i.e., mounting height/lighting direction) of the lights creating glare that impacts the detection of hazards)
  • the ability to see floor level obstructions/trip hazards and low/narrow clearances or protruding obstacles in the path

Minimum illuminance levels ranging from 30 – 75 lux, depending on the activity level, hazards, and reflectance of the surfaces of the space being considered, may be acceptable given that non-uniformity creating dark zones or shadows, and glare, that may impact the visual detection of hazards, has been controlled.

Mechanical protection for LED bulbs

Issue:

Does the mechanical protection device required in subsection 45(2) apply to LED bulbs?

Position:

The regulation requires enclosure of a light bulb by a mechanical protection device in a temporary lighting system, regardless of the type of bulb. There are no exemptions. While some of the hazards associated with traditional bulbs have been mitigated using LEDs, there remains an electrical hazard if a worker can access the socket of a missing or damaged bulb.

Fire protection

Fire extinguishers inspection tag

Issue:

Can electronic records be used instead of a physical tag for fire extinguisher inspection?

Position:

No. A physical tag must be attached to the extinguisher for inspection records per section 55 of the regulation. Electronic records attached to a fire extinguisher are not equivalent to an inspection tag.

Employers are expected to have physical records of inspection attached to every fire extinguisher. Electronic records may be kept in addition to the inspection tag.

Fire extinguishers in single family dwellings

Issue:

Is a fire extinguisher required in every house and on every floor?

Position:

No. A fire extinguisher is not required in every single house or every floor of a building. Fire extinguishing equipment must be provided at readily accessible locations at a project (subsection 52(1)).

A fire extinguisher is not required on every floor (storey) of an enclosed building being constructed or altered if it is a one-storey building with no basement or cellar, or if the building is to be used as either a:

  • detached single-family dwelling (SFD)
  • semi-detached SFD
  • multiple-family dwelling and has two storeys or less

This exemption does not apply if there are activities taking place in the specified buildings that could potentially cause a fire (O. Reg. 213/91 subsection 52 (4)), namely in situations where:

  • flammable liquids or combustible materials are stored, handled or used
  • oil-fired or gas-fired equipment, other than permanent furnace equipment in a building, is used or
  • welding or open-flame operations are carried on

Fire hoses for standpipes

Issue:

Should a fire hose be attached to a permanent standpipe system?

Position:

No, the regulation does not require that the hose be attached to a permanent standpipe. Clause 57(5)(c) of O. Reg. 213/91 requires a fire hose to be stored on a rack and available for immediate use, but it does not require it to be connected.

Note however that where a temporary standpipe is used, it must have at least one hose outlet per floor, with a valve and a hose attached to each hose outlet and a nozzle attached to each hose (subsection 57(8)).

Public way protection

Application of public way protection

Issue:

When does section 65 for public way protection apply or not apply?

Position:

Two necessary conditions must exist for an inspector to issue a section 65 order. There must be a public way (as defined in the regulation):

“public way” means a highway or other street, avenue, parkway, driveway, square, place, bridge, viaduct, or other open space to which the public has access, as of right or by expressed or implied invitation; (“passage public”)

There must also be a risk of danger to persons on the public way from the project activities. If the work on the project would not endanger a person using the public way, then a fence is not required.

Fencing is not required along the entire perimeter of a project site. Should a fenced area be moving along where work is being carried out on the project (for example in road works projects), this would meet the compliance requirement.

A factor for consideration when assessing the risk of danger is the likelihood that persons may inadvertently enter or wander onto a project located near the public way and be exposed to hazards they are not aware of.  This could happen, for example, at a construction project in a public park.

Note that the section 65 requirement for a 1.8 m (6 ft) sturdy fence is not intended to prevent the public from intentionally entering the project without express invitation (i.e. trespassing) and subsequently being exposed to any hazards present at the project.

In addition to proximity, other factors that inspectors may consider when assessing whether a project may endanger a person on the public way include but are not limited to situations where there is a risk of:

  • a person slipping or falling into an open manhole, uncovered utility vault, culvert, ditch, excavation that is part of the project and is located next to a public way such as a sidewalk
  • flying objects or debris entering the public area
  • a person being struck by operating equipment or vehicles associated with the project
  • a person being struck or crushed by material being hoisted or moved on the project
  • stacked or stored materials tipping over and falling onto a person
  • a person contacting a sharp edge or corner from stored material, structures and equipment on the project

Meaning of public way protection

Issue:

Does the definition of “public way” include a private residential driveway? Do sections 64 (covered way) and 65 (solid fence) apply to a project adjacent to a private driveway on a residential single-family dwelling?

Position:

Generally speaking, the ministry interprets public way as defined in O. Reg. 213/91 as not including a private driveway on a residential single-family dwelling and sections 64 and 65 would not apply.

Sections 64 and 65 apply to public driveways used by the public to access commercial buildings or shopping areas.

Public way protection and excavations

Issue:

Does section 65 or subsection 233(4) apply to an excavation on a roadway?

Position:

Both sections are applicable. Section 65, requiring a sturdy fence at least 1.8 metres in height to be constructed between the public way and the project, is applicable. Subsection 233(4) is also applicable within the project: a barrier at least 1.1 metres high must be provided at the top of every wall of the excavation that is not sloped as described in clauses 234 (2) (e), (f) and (g).

Traffic control

Traffic control requirements

Issue:

Do the traffic control sections  of O. Reg. 213/91 apply to projects other than road construction?

Position:

Yes. The term “project” is defined under the OHSA. A project can include construction other than road construction. When a worker may be exposed to vehicular traffic, the traffic control sections of O. Reg. 213/91 may apply. Subsection 67(2) applies to a project on a highway and subsection 67(12) applies to a project on a freeway with a mobile operation.

High visibility apparel vests that are worn open

Issue:

Are workers wearing high visibility vests that are open and folded back (not secured at the torso) in compliance with garment requirements?

Position:

A high-visibility vest being worn open does not meet the criteria set out in subsection 69.1(1). It requires the worker to wear a garment that covers at least their upper body.

Vests must have yellow stripes on the front (area of 500 square centimeters) that are visible at all times. If the vest is open and folded back full coverage is not possible and the stripes are no longer visible.

High visibility apparel vests tear-away feature

Issue:

Does the tear-away regulatory requirement only apply to nylon or does it also apply to other materials as well (for example, cotton, polyester)?

Position:

The tear-away feature based on the requirement outlined under subsection 69.1 (3) and subsection 106 (1.3) of O. Reg. 213/91 only applies to nylon vests not any other material. In addition, the tear-away feature must be located at the side and front of the vest.

Vehicular traffic and high-visibility clothing

Issue:

What is the meaning of “vehicular traffic”? Do construction workers on a project who are not performing signaler duties need to wear high visibility safety apparel (HVSA)?

Position:

Vehicular traffic refers to both public traffic and construction vehicles operated at a project. Section 69.1 requires HVSA to be worn and applies to any worker who may be endangered by any type of vehicular traffic on a construction project.

Traffic control plan (TCP) vs. traffic protection plan (TPP)

Issue:

What is the difference between a TCP and a TPP?

Position:

A TCP is to ensure driver safety and is enforced by the Ministry of Transportation. A TPP is to ensure the protection of workers and is enforced by the Ministry of Labour, Immigration, Training and Skills Development (MLITSD). MLITSD inspectors enforce a TPP as required by subsection 67(4). Such TPP describes the use of as many of the devices listed in subsection 67(2) as is necessary to adequately protect the workers from the hazard of vehicular traffic unrelated to the project.

A written TPP may include, but is not limited to the following:

  • identifying site specific road hazards
  • what traffic control measures will be used
  • method of carrying out the set up and removal of traffic control measures
  • set up of detours
  • what protective clothing to be worn
  • which workers will take part in the set up and removal of traffic control measures
  • distance a worker is to maintain away from the delineators (buffer zone)
  • construction traffic entering or exiting project
  • inspection of traffic control devices

Barriers on projects with vehicular traffic

Issue:

Are barriers required during the work week for a project that is only active for five days and inactive on weekends?

Position:

Yes, barriers are required. Barriers must be installed to protect workers from vehicular traffic if the total duration of the project is greater than five days. The exception in subsection 67(10) (use of crash truck or blocker truck in lieu of jersey barriers) only applies if the total duration of the project is five days or less or it is not practical to install barriers.

Projects that are on a freeway and involving a mobile operation do not require barriers. As outlined in subsection 67(12), such projects may use crash trucks, barricades or delineators and adequate longitudinal buffer areas depending on the nature and duration of the mobile operation.

Crash trucks positioning on freeway projects

Issue:

Where should a crash truck be positioned to protect workers from vehicular traffic on a freeway project?

Position:

Crash trucks should always be positioned at the start of the work zone, near the end of the buffer zone, taper zone or longitudinal buffer area. The number, position and type of crash trucks used on the project should be in the traffic protection plan. Note also that crash trucks may be used in the following situations:

  • as part of the measures deployed to adequately protect workers at a project on a highway (subsection 67(2))
  • in lieu of barriers for projects expected to be completed in five days or less (subsection 67(10))
  • where it is not practical to install barriers for a project on a freeway that is not a mobile operation and whose duration exceeds five days (subsection 67(10))
  • for a project on a freeway involving a mobile operation (subsection 67(12))

Traffic control on a multi-lane highway

Issue:

Can a traffic control person be used to direct traffic on a multi-lane highway?

Position:

No, a worker must not direct vehicular traffic for more than one lane in the same direction (subsection 69(2) of O. Reg. 213/91).

A worker may direct vehicular traffic for one lane in the same direction on a highway, provided the normal posted speed limit is 90 kilometres per hour or less. If the normal posted speed is above 90 kilometres per hour, traffic control persons are not allowed to direct traffic.

Section 69 of O. Reg. 213/91 outlines the requirements related to directing vehicular traffic that may be hazardous to workers as well as the requirements that apply to traffic control persons.

High visibility apparel reflectivity and colour substitution

Issue: 

Now that fluorescent blaze or international orange are no longer referenced by the CSA standard, what colours can be used for safety garments under the OHSA?

Position:

Although Ontario Regulation 213/91 prescribes fluorescent blaze or international orange as the background colours for garments, the applicable CSA standard Z96-15 for this category of garment or apparel lists two types of background materials and additional colours that would also satisfy the regulatory requirement for fluorescent blaze or international orange colours. "Fluorescent" materials, which come in three colours (yellow-green, orange-red and red), and "bright" materials (yellow-green and orange-red) are equivalent to “fluorescent blaze or international orange”.

Other colours, such as black or navy blue, which are not referenced either in the regulation or CSA Z96-15 (Tables 2a or 2b) do not meet the regulation's intent.

Other international standards may also comply with regulatory requirements. CSA Z96-15 is in alignment with ANSI/ISEA 107 and ISO 20471 in terms of background colours for garments.

High visibility apparel during night-time: side visibility stripes

Issue: 

Can stripes be located on the side of a vest or gloves and meet the minimum area requirements? What is meant by 50 square centimetres per side, per arm and leg?

Position:

To comply with night-time hours side visibility requirements, the side visibility-enhancing stripes must cover a minimum of 50 square centimetres per side (7.75 square inches). The striping must encircle each leg and arm, not the body of the garment. If a garment has no arms or legs (i.e. vest) or other PPE (i.e. gloves), then for high visibility there must be independent stripes encircling the legs and arms.

High visibility apparel: stripe colour and properties

Issue: 

Does the five cm stripe have to be yellow, or can it be another colour or combination of colours? Does the primary colour have to be five cm wide, or can a combination of colours fit within that five cm width?

Position:

The regulation under subsections 69.1(1) to 69.1(4) requires stripes on the front and back of the high visibility striped apparel to be yellow, 5 cm wide (2 in.) and be retro-reflective and fluorescent.

However, the employer may also choose a garment that complies with the national CSA Z-96 standard, which allows for the use of yellow, silver or a combination of yellow and silver for the five cm width but only when the colours have both retro-reflective and fluorescent properties (seen both in day and night).  If only one of the colours has fluorescent and retro-reflective properties, it would need to make up the five cm width.

Traffic control barrier (TCB) placement at the opening of a roadwork excavation

Issue: 

On a road project, how far should TCBs be placed from the opening of an excavation where workers are entering and working?

Position:

TCBs must be placed at least one metre from the upper edge of the wall of an excavation (subsection 233(1) of O. Reg. 213/91). This is to ensure the stability of an excavation wall is maintained and that equipment, excavated soil, rock and construction material outside of the excavation will not fall in on any worker.

Cross-lane paving and protective barriers

Issue:

Are protective barriers required in a cross-lane paving operation on a freeway?

Position:

Yes, protective barriers are required in a cross-lane paving operation on a freeway. However, if it is not practical to install barriers as subsection 67 (7) requires, or if the project is expected to require five days or less to complete, crash trucks must be positioned to adequately protect workers. This exemption may be made according to subsection 67(10).

End of queue traffic control on highway impacting traffic flow

Issue:

Which kind of trucks should be used to support the “Prepare to Stop” signs used on roadway shoulders to alert motorists of reduced lanes due to construction?

Position:

A crash truck is required to adequately protect the worker operating the vehicle from incoming traffic. The sign could be mounted on the crash truck.

Hot tar or bitumen tanker or kettle

Minimum distance of three metres from ignition source to propane gas cylinders used with hot tar or bitumen road tankers or kettles  

Issue:

Are there exceptions to the rule about minimum distance from an ignition source to propane gas cylinders used with hot tar or bitumen road tankers or kettles?

Position:

A storage cylinder for propane (i.e. in use on a project with a hot tar or bitumen road tanker or kettle fitted with a propane-fuelled heater) must not be placed closer than three metres to a source of fire or ignition (subsection 211(2) in O. Reg. 213/91). No exceptions are allowed. The exception outlined in clause 42(5)(d) does not apply in this instance, and section 211 is applicable because it is specific to hot tar or bitumen road tankers.

If there is a leakage from the propane bottle, a barrier would not help as propane is heavier than air and could accumulate and reach the source of ignition.

Section 42 does allow an exception to the minimum three metre distance for propane storage cylinders to a source of fire or ignition in general. However, it only applies when the cylinder is protected from a source of ignition by a barrier, wall or other means of separation. The key word is “protected”, which does not seem reasonably possible for hot tar or bitumen road tankers or kettles fitted with a propane-fuelled heater given current technologies and practices.