Overview

This guidance material is a compilation of program positions on common issues raised by workplace parties on construction projects and window cleaning operations. It can help you better understand how the regulations may apply to a workplace and what inspectors might expect to see. As a result, you can better achieve compliance with regulatory requirements on a particular issue.

We developed these program positions, including definitions not found in the regulations and answers to common questions, taking into consideration the:

  • health and safety of the workers
  • minimum acceptable requirement as outlined by the regulations
  • employer’s duty to take every precaution reasonable in the circumstances to protect the health and safety of a worker
  • best practices health and safety professionals promote, and workplace parties commonly endorse

The program positions are the guiding principles for inspectors’ enforcement, but do not limit the inspectors’ powers under the Occupational Health and Safety Act. Inspectors make their decisions based on their assessment of the circumstances they encounter in the workplace. Their considerations include the health and safety management system of the workplace, if any, and how effective the internal responsibility system is in addressing the health and safety issues that arise.

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.

Hierarchy of controls

There are many ways for an employer to protect workers against an identified hazard in a workplace.

They fall under these categories, in order from most to least effective:

  • Elimination: remove the hazard
  • Substitution: replace the hazard
  • Engineering controls: isolate people from the hazard
  • Administrative controls: change the way people work
  • PPE: protect the worker with personal protective equipment

Hierarchy of controls represented as an inverted pyramid, with most effective at the top narrowing to least effective at the bottom

When elimination or substitution are not practicable, physical controls or engineered controls such as barriers, guards, guardrails, etc. that would protect workers from the identified hazard should be the priority as they would afford protection for all workers that could be exposed.

Organization of topics and updates

We’ve organized the material covered by this guidance by regulatory section in two categories:

We will add new program positions to this compilation annually to provide a live and meaningful reference you may use alongside the referenced regulations.

Note: The general requirements outlined in construction are also applicable for work in tunnels, shafts, caissons and cofferdams (Part IV of the regulation) and for work in compressed air (Part V). The requirements outlined in Part IV and Part V are typically more stringent than the general requirements for a construction project. When two competing requirements exist, the more specific prevails.

Sometimes a program position will belong under two categories. For example, issues related to fall protection requirements when using an elevated work platform would ideally be in the fall protection category, but they also belong in the access at heights category. We encourage you to explore both titles.

Regulation for construction projects: O. Reg. 213/91

Clarification of terms used in the regulation

This section provides clarification for the terms used throughout the regulation for construction projects:

Interpretation of “practicable”

Issue:

Is the monetary impact factored into the deliberations of what is considered practicable?

Position:

Practicable is not defined in the regulation; practicability needs to be considered in a contextual framework.  Cost considerations do not supersede the health and safety of workers. There are instances in the regulation where “guardrails”, “handrail”, or “barrier” are specifically required, regardless of “practicability”. In the prescriptive areas of the regulations, practicability does not apply [namely section 77 (handrail), 135, 137, 144, 153, 208, 209, and 233 (barrier)].

Meaning of “vehicular traffic”

Issue:

What is the meaning of “vehicular traffic”?

Position:

While this term is not defined in the regulation, vehicular traffic refers to both public traffic and construction vehicles operated within a project.

General requirements

This section covers notification, posting, alternative methods, supervision, emergency procedures and the use of personal protective equipment (sections 1 to 25 and 27). This includes:

  • definitions and interpretations
  • alternative methods and equivalency
  • registration and notices
  • emergency procedures
  • personal protective equipment

Access to and egress from a work area

This section covers access to and egress from work areas (sections 70 to 86) and access at heights (sections 125 to 149, 153). This includes

  • access to and egress from a work area
  • scaffolds and work platforms
  • suspended platforms and boatswain’s chairs
  • elevating work platforms
  • variation to man basket suspended by a crane

Housekeeping, fire protection, public way protection, traffic control, and hot tar or bitumen tankers or kettles

This section covers housekeeping, fire protection, public way protection (sections 31 to 66) and hot tar or bitumen road tankers (section 211), and traffic control (sections 67 to 69.1). This includes:

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

Fall protection and roofing

This section covers fall protection (sections 26 to 26.9) and roofing (sections 207 to 210). This includes:

  • application of fall protection
  • anchors and horizontal lifelines
  • CSA standards considerations etc.
  • guardrails considerations
  • personal fall arrest issues
  • fall protection – skylights, roof hatches and similar types of non-structural coverings on roofs
  • training
  • written procedures developed by employer for rescuing a worker whose fall has been arrested

Hygiene

This section covers hygiene (sections 28 to 30). This includes:

  • facilities requirements: running water and heat
  • ratio of clean-up facilities to toilet facilities
  • additional toilet facilities on projects
  • urinals on construction projects
  • running water requirements for clean-up facilities
  • installation of electrical heating units in facilities
  • clarification of section 30 of O. Reg. 213/91 regarding corrosive, poisonous or otherwise dangerous substances

Forms, formwork, falsework and re-shoring

This section covers forms, falsework and re-shoring (sections 87 to 92). This includes:

  • prep-pour inspections and modular formwork
  • formwork as a work platform
  • designation of a competent worker

Equipment

This section covers equipment, vehicles, drill rigs, cranes, hoisting and rigging (sections 93 to 124, and 150 to 180). This includes:

  • general requirements for equipment and vehicles
  • cranes
  • cables, slings and rigging

Electrical hazards

This section covers electrical hazards, demolition and the use of explosives (sections 181 to 195.3, 196 to 206, and 212 to 221). This includes:

  • electrical hazards
  • explosives
  • demolition

Excavations

This section covers excavations, tunnels and shafts (sections 222 to 331). This includes:

  • excavations
  • tunnels and shafts

Other regulations