Newfoundland & Labrador Forklift regulations

Newfoundland and Labrador - Terre-Neuve-et-Labrador

Lift Truck - Chariot de levage industriel

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used  for any other purpose.

Copyright © 2009: Queen’s Printer, St. John's, Newfoundland and Labrador

Occupational Health and Safety Regulations, 2009
under the
Occupational Health and Safety Act
(O.C. 2009-233)

PART XII

POWERED MOBILE EQUIPMENT

Definitions
250.    In this Part
(a)       "mobile equipment" means a wheeled or tracked vehicle which is engine                          or motor powered, together with attached or towed equipment, but does                                  not include a vehicle operated on fixed rails or tracks;
(b)       "no significant hazard of rollover" means an area in which there are no                             grades exceeding 10%, no operating areas with open edges, and no open                        ramps, loading docks, ditches or other similar hazards which may cause a                                     rollover; and
(c)        "specific location" means a yard, plant or other clearly defined and limited                                     area in which mobile equipment is operated, but does not include a entire                                    municipality, district, transient forestry operation or construction site.

Operation and maintenance
251.    (1) Mobile equipment shall be maintained in safe operating condition and                                     operation, inspection, repair, maintenance and modification shall be                                  carried out in accordance with the manufacturer's instructions or, in the                                     absence of instructions, as approved by a registered professional                                                engineer.
(2)       Servicing, maintenance and repair of mobile equipment shall be done
(a)       when the equipment is not in operation; or
(b)       when the equipment is in operation, where continued operation is                                      essential to the process and a safe means is provided.
(3)       The design, fabrication, use, inspection and maintenance of mobile                                               equipment shall meet the requirements of the following applicable                                      standard or other standards acceptable to the minister:

Equipment

Applicable Standard

Mobile and Locomotive Cranes

CSA Standard Z150, "Safety Code for Mobile Cranes"

Vehicles with Mounted Aerial Devices (except fire-fighting equipment)

CSA Standard C225 "Vehicle-Mounted Aerial Devices"

Vehicles with Mounted Aerial Devices (fire fighting equipment)

NFPA 1911 "Standard for Inspection, Maintenance, Testing and Retirement of In-Service Automotive Fire Apparatus, 2007 Edition"

Safety and Hazard Warnings

ISO Standard 9244:1995 "Earth moving machinery -- safety signs and hazard pictorials -- General principles

Lift Truck and Associated Operator training

CSA Standard B335 "Safety Standard for Lift Trucks"

            (4)       Maintenance and inspection records shall be maintained and made                                               reasonably available to the operator and maintenance personnel during                           work hours.
(5)       Mobile equipment used off maintained roads shall be appropriate and safe                       for the intended use taking into account factors including the nature of the                             travel surface and its slope and the activities to be undertaken.
(6)       Adequate and approved fire suppression equipment shall be provided                               where required by the minister.

Competency and testing operators
252.    (1) A person shall not operate mobile equipment unless he or she
(a)       has received adequate instruction and has demonstrated to a supervisor                           or instructor that he or she is a competent equipment operator;
(b)       has been authorized to operate mobile equipment;
(c)        is familiar with the operating instructions for particular equipment before                           he or she attempts to operate it; and
(d)       has, where required to operate an air brake equipped vehicle, evidence of                                    successful completion of a course on air brake systems issued by an                                 organization acceptable to the minister.
(2)       Subsection (1) does not apply where a trainee operates the equipment                              under the supervision of a qualified instructor or supervisor as authorized                                     by the employer.

Operator's responsibility
253.    (1) The operator of mobile equipment shall operate the equipment safely,                          maintain full control of the equipment, and comply with the laws governing                                  the operation of the equipment.
(2)       The operator of mobile equipment shall ensure that a worker is not in                                 close proximity to the swing radius of the equipment while it is in                                         operation.

Supervisor's responsibility
254.    A supervisor shall not knowingly operate, or permit a worker to operate,                              mobile equipment which is, or which could create, an undue hazard to the                                   health or safety of a person, or which is in violation of these regulations.

Warning signal device
255.    (1) Mobile equipment shall be equipped with an audible warning signal                            device as follows:
(a)       where the mobile equipment is capable of a forward speed exceeding 8                            kilometres an hour;
(b)       where mobile equipment operates in reverse motion, it shall be equipped                          with a suitable audible warning device that initiates automatically when the                      equipment starts to move in reverse and which continues to operate while                                    the equipment is moving in reverse; and
(c)        where the mobile equipment is not capable of speeds greater than 8                                  kilometres an hour, the minister may, in exceptional circumstances, order                          the use of an audible warning device.
(2)       Where an audible warning device referred to in subsection (1) cannot be                          clearly heard or identified above the noise of other equipment or                                         surrounding noise, another warning device or measure shall be utilized.

Lights
256.    (1) Mobile equipment used during the period from 1/2 hour after sunset to                                     1/2 hour before sunrise, or when a person or vehicle is not clearly                                       discernible at a distance of 150 metres shall have and use light to                                       adequately illuminate
(a)       the direction of travel;
(b)       the working area about the mobile equipment; and
(c)        the cab instruments.
(2)       A headlight and backing light required by paragraph (1)(a) shall meet the                          requirements of Society of Automotive Engineers (SAE) J1029 MAR86                              "Lighting and Marking of Construction and Industrial Machinery".

Rear view mirrors
257.    (1) Mobile equipment shall have a mirror providing the operator with an                             undistorted reflected view to the rear of the mobile equipment or                                          combination of mobile equipment, except as provided in subsection (2).
(2)       Where necessary to improve rear vision, a combination of parabolic and                            flat mirrors may be used.
Load handling attachments
258.    Buckets, forks, booms, hoists and other load handling attachments shall                           only be installed on mobile equipment as specified by the equipment                                 manufacturer or where certified by a professional engineer for use on the                                     equipment.

Load ratings
259.    (1) Mobile equipment designed and used for lifting, hoisting or similar                                operations shall have a permanently affixed notation, legible and visible to                                   the operator, stating the rated load of the equipment.
(2)       A load chart shall be displayed in the operator's cab where the rated load                          varies with the reach of the equipment.

Operative protective structures
260.    (1) An equipment operator shall be protected against falling, flying or                                 intruding objects or materials by means of a suitable cab, screen, grill,                                deflector or guard that meets the design criteria of the Society of                                               Automotive Engineers applicable recommended practice.
(2)       A worker shall not remain in the cab of a vehicle while loads are elevated                                     over the cab unless the cab is protected by an adequate overhead guard.

Rollover protective structures
261.    (1) The following types of mobile equipment weighing 700 kilograms or                             more shall have rollover protective structures ("ROPS"):
(a)       crawler tractors, dozers, loaders and skidders;
(b)       wheeled tractors, dozers, loaders and skidders;
(c)        motor graders;
(d)       self-propelled wheel scrapers;
(e)       agricultural and industrial tractors;
(f)        compactors and rollers; and
(g)       self-propelled rock drills moved by an on-board operator.
(2)       The minister may require a rollover protective structure to be installed on                           mobile equipment, other than mobile equipment referred to in subsection (1),      where the design of the equipment or circumstances of use indicate the                                   need.

Rollover protective structure standards
            262.    A rollover protective structure shall meet the requirements of one of the                             following applicable standards or other standard acceptable to the                                      minister:
(a)       CSA Standard B352.0-95 "Rollover Protective Structures (ROPS) for                                  Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining                           Machines -- Part 1: General Requirements",
(i)         CSA Standard B352.1-95 "Rollover Protective Structures (ROPS) for                                  Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining                           Machines -- Part 2: Testing Requirements for ROPS on Agricultural                               Tractors", or
(ii)        CSA Standard B352.2-95 "Rollover Protective Structures (ROPS) for                                  Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining                           Machines -- Part 3: Testing Requirements for ROPS on Construction,                           Earthmoving, Forestry, Industrial, and Mining Machine";
(b)       Society of Automotive Engineers (SAE) Standard J1040 MAY94                                          "Performance Criteria for Rollover Protective Structures (ROPS) for                                     Construction, Earthmoving, Forestry, and Mining Machines"; and
(c)        ISO Standard 3471: 1994 "Earth-moving Machinery -- Rollover Protective                          Structures -- Laboratory Tests and Performance Requirements".
Rollover protective structure certification
263.    (1) A rollover protective structure shall be certified by the manufacturer or                          a professional engineer as meeting a standard specified in section 262.
(2)       An addition, modification, welding or cutting on a rollover protective                                                structure shall be done in accordance with the instructions of, and be                                recertified by, the manufacturer or a professional engineer.

Rollover protective structure identification
264.    (1) The following information shall be permanently marked upon a rollover                                   protective structure:
(a)       the name and address of the manufacturer or the professional engineer                            who certified the rollover protective structure;
(b)       the model number or other effective means of identifying the machine for                                     which the rollover protective structure was designed;
(c)        the serial number or other unique means of identifying the rollover                                                 protective structure;
(d)       the maximum weight of the machine for which the rollover protective                                  structure was designed; and
(e)       the standard to which the rollover protective structure conforms.
(2)       A modified rollover protective structure shall be permanently marked with                          the following information:
(a)       an identification of the modifications effected;
(b)       the date of recertification; and
(c)        the name and address of the recertifying engineer.

Effect of rollover protective structure on visibility
265.    A rollover protective structure or other structure required by this Part for                              the protection of the operator shall be designed and installed to provide an                  adequate view to allow the operator to safely use the machine.

Seating and standard requirements
266.    (1) A well designed and constructed, safely located and securely mounted                                    seat and seat belt or other safe facilities shall be provided for the operator                                     of powered mobile equipment and a passenger.
(2)       Safe facilities for an equipment operator, referred to in subsection (1),                                shall include:
(a)       footboards or platforms upon which the workers stand or sit, located to                               protect workers from accidental contact; and
(b)       handholds; or
(c)        safety-belts, harnesses, guardrails or other effective means of restraint.
(3)       Subsection (1) does not apply to mobile equipment designed to be                                      controlled by an equipment operator in a standing position.
(4)       Where mobile equipment is equipped with seat belts, in conformity with                             these regulations or other applicable federal or provincial legislation, the                           installations shall be maintained and they shall be worn by the equipment                                    operator and passengers at all times while the equipment is in motion, or                          when operated in a stationary mode.
(5)       Where a road grader is operated with cab doors open, and the equipment                                     operator is necessarily in a standing position and unable to comply with                            subsection (4), additional restraining devices approved by the minister                               shall be installed and used to prevent occupants from falling from the cab.
(6)       Where an equipment operator is required to operate in a standing position,                       there shall be protection provided equivalent to the protection required                               under subsection (5) in the form of a restraining harness designed to                                 prevent the equipment operator being thrown from the cab in a roll-over                                  situation, but the restraining harness shall have a quick release device.

Start of shift inspection
267.    (1) An operator shall inspect the mobile equipment before the start of                                 operation on the shift and after that where required to ensure the safe                               operating condition of the equipment and a defect or other condition                            affecting the safe operation of the equipment shall be reported                                       immediately to the supervisor or employer.
(2)       A repair or adjustment necessary for the safe operation of the equipment                           shall be made before the equipment is used.

Securing tools and equipment
268.    An operator shall maintain the cab, floor and deck of mobile equipment                             free of material, tools or other objects which could create a tripping                                              hazard, interfere with the operation of controls, or be a hazard to the                             operator or other occupants in the event of an accident.

Unattended equipment
269.    An operator of mobile equipment shall not leave the controls unattended                          unless the equipment has been secured against inadvertent movement,                           including by setting the parking brake, placing the transmission in the                                     manufacturer's specified park position and by chocking wheels where                                   necessary, and buckets and blades shall be landed in a safe position                                    before equipment controls are left unattended.

Securing elevated loads
270.    (1) An elevated load, part, extension or machine, shall not be left                                         unattended by an operator unless it has been immobilized and secured                            against inadvertent movement.
(2)       Where a worker is required to work beneath an elevated part of mobile                               equipment, the elevated part shall be securely blocked.
(3)       An hydraulic or pneumatic jack shall not be used for blocking unless it has                                   been fitted with a device to prevent collapse in the event of loss of                                      hydraulic or pneumatic pressure.

Swinging equipment
271.    Where the swinging movement of a load, cab, counterweight or other part                                     of mobile equipment creates a hazard, a worker shall not be within range                          of the swinging load or equipment, and the operator shall not move the                             equipment when a worker is so exposed.

Obstructed view
272.    Where a mobile equipment operator's view of the work area is obstructed,                                     the operator shall not move the equipment until precautions have been                             taken to protect the operator and another worker from injury, including
(a)       immediately before the movement, the inspection by the operator on foot                           of the area into which the equipment is being moved;
(b)       direction by a signaller
(i)         stationed in a safe position in continuous view of the operator,
(ii)        having an unobstructed view of the area into which the equipment is being                      moved, and
(iii)       not being otherwise occupied while the equipment is in motion; or
(c)        direction by a traffic control or warning system.

Guy lines
273.    (1) Guy lines passing over travelled roads shall be rigged at a sufficient                             height to clear all traffic.
(2)       Guy lines which are not at sufficient height to clear all traffic shall be                                 clearly identified in accordance to standards acceptable to the minister.

Pedestrian and equipment traffic
274.    (1) Where practicable, designated walkways shall be used to separate                               pedestrian traffic from areas of operation of mobile equipment.
(2)       Where it is impracticable to provide designated walkways, adequate safe                           work procedures to minimize the possibility of collision shall be used in                             hazardous work areas, including
(a)       use of a traffic control system;
(b)       enforcement of speed limits for mobile equipment; and
(c)        a requirement for the pedestrian and the mobile equipment operator to                               acknowledge each other's presence before the pedestrian proceeds                                   through the hazardous area; or
(d)       other effective means.

Securing loads
275.    (1) When material or equipment is being transported, it shall be loaded or                          secured to prevent movement of the load which could create a hazard to                           workers.
(2)       To protect the crew of a vehicle transporting a load which may shift on                               rapid deceleration, a means of load restraint shall be provided that
(a)       prevents significant load shift relative to the carrier under emergency                                 stopping conditions; and
(b)       meets a standard acceptable to the minister.

Restraint for cylindrical objects
276.    Cylindrical objects transported on their sides shall be effectively restrained                       against inadvertent movement.

Lift truck loads
277.    (1) A unitized load transported on a lift truck shall not project a distance                             greater than half its height above the fork carriage, back rest or back rest                           extension of the lift truck.
(2)       No part of a load comprised of loose objects may project above the fork                               carriage, back rest or back extension of a lift truck.
(3)       A load which could shift during transportation shall be restrained where                            shifting would result in the instability of the load or the lift truck.

Tire installation
278.    (1) An employer shall
(a)       establish and implement safe work procedures for servicing mobile                                                 equipment, tires, rims and wheels, including
(i)         inspecting tire, rim and wheel components,
(ii)        mounting a tire to the rim and wheel, and inflating a tire,
(iii)       installing and removing tire assemblies from mobile equipment, and
(iv)       demounting tires from the rim and wheel assemblies; and
(b)       ensure that tire limits are not exceeded.
(2)       A worker assigned to work on tires, rims and wheels shall be trained in                              and follow the safe work procedures established under subsection (1).

Equipment and procedures
279.    (1) A tire shall be deflated before demounting, and deflation shall be done                                    in an area where ignition sources are controlled or removed.
(2)       A tire, rim and wheel part shall be cleaned and inspected for damage                                 before mounting, and a cracked, broken, bent or otherwise damaged part                          replaced.
(3)       A tire shall be inflated using a remote chuck with a sufficient length of                               hose and an inline, hand operated valve with a gauge so the worker is                              outside the likely trajectory should wheel components separate during                                 inflation.
(4)       A tire mounted on a multipiece rim wheel shall be placed in a cage or                                 other restraining device when it is being inflated.
(5)       Where a bead expander is used to seat the beads of a tire, it shall be                                  removed before the tire is inflated to more than 34.5 kPa (5 psi).
(6)       Welding or heating on an assembled rim or wheel part is not permitted,                              except that limited heating to facilitate removal of a wheel from a hub is                             acceptable after the tire has been deflated by removing the valve core.
(7)       A tire on a multipiece rim wheel shall be deflated to atmospheric pressure                                     by removing the valve core or by other effective means before                                              demounting, and in the case of a dual wheel arrangement, both tires shall                                    be deflated to atmospheric pressure before a wheel nut is loosened.
(8)       Multipiece rim and wheel components shall not be interchanged except as                       permitted by rim/wheel charts from the appropriate rim/wheel                                                manufacturer.
(9)       A multipiece rim wheel which has been used at less than 80% of the                                 recommended inflation pressure for that application shall be deflated,                                disassembled and inspected before reinflation.