Quebec Lockout regulations

Quebec – Québec

Lockout Verrouillage

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.

The following is © Gouvernement du Québec, 2009
c. S-2.1, r.19.01

Regulation respecting occupational health and safety

 

An Act respecting occupational health and safety

 R.S.Q., c. S-2.1, s. 223. 1st par. subpar. (1), (3), (4), (7) to (16), (18) to (21.1), (41) and (42), 2nd par. and 3rd par

DIVISION  I
INTERPRETATION AND SCOPE

1.  Definitions: In this regulation, the following words and expressions mean:

 “protective device”: set of devices which when used alone or with a protector on machinery, eliminates dangers or reduces risks for the health, safety and physical well-being of workers ;

DIVISION  II
GENERAL PROVISIONS

3.  Purpose: The purpose of this Regulation is to establish standards pertaining in particular to the quality of air, temperature, humidity, heat stress, lighting, noise and other contaminants, sanitary facilities, ventilation, hygiene, sanitation and cleanliness in establishments, area conditions, storage and handling of dangerous substances, machine and tool safety, certain high risk tasks, individual protective equipment and the transportation of workers to ensure the quality of the work environment, to safeguard the health of workers and to ensure their safety and physical well-being.

O.C. 885-2001, s. 3.

4.  Employer's obligations: The employer shall comply with the standards set hereunder, with the exception of those of section 339.

O.C. 885-2001, s. 4.

5.  Operational status of equipment: Any equipment used or installed in an establishment for purposes of preventing the emission of gases, dusts, fumes and vapours, to ensure proper conditions for lighting, ventilation, temperature, salubrity and hygiene prescribed hereunder or to ensure that noise or heat stress conditions comply with the requirements hereunder, shall always be in operational condition and shall give optimal performance during the establishment's business hours in such manner as to provide the performance for which it was designed.

O.C. 885-2001, s. 5.

DIVISION  XXI
MACHINES

§1.  Protectors and protective devices

172.  In this division as well as in section 323, «danger zone» means any zone situated inside or around a machine and which poses a risk for the health, safety or physical well-being of workers.

In this division as well as in sections 239 and 267, «protector» means the part of a machine used specifically to isolate a machine's danger zone by means of a material barrier, such as a housing, a cover, a screen, a door or a cabinet.

O.C. 885-2001, s. 172.

173.  Applicable provisions: Subsections 1 to 3 apply, with necessary adaptations, to all types of machines, subject to the provisions of subsections 4 to 9.

O.C. 885-2001, s. 173.

174.  Permanent protector: A permanent protector is one that can only be removed with the assistance of a tool or is set in place permanently, for instance, by being welded.

O.C. 885-2001, s. 174.

175.  Interlocking protector: A protector equipped with an interlocking device shall have the following features:

  (1)    it causes the stoppage of the machine or of the operation of its dangerous parts when it is moved ;

  (2)    it makes it impossible to start the machine or to operate its dangerous parts for as long as it is being moved ;

  (3)    it does not cause the machine or its dangerous parts to be restarted once it is restored to its place.

O.C. 885-2001, s. 175.

176.  Interlocked protector : An interlocked protector equipped with an interlocking device shall have the following characteristics :

  (1)    it remains in place and is interlocked as long as the machine or its dangerous parts remain in operation ;

  (2)    it makes it impossible to start the machine or to operate its dangerous parts for as long as it has not been restored to its place and reactivated ;

  (3)    it does not cause the machine or its dangerous parts to be restarted once it is restored to its place and reactivated.

O.C. 885-2001, s. 176.

177.  An automatic closing protector : An automatic closing protector is one that returns to its place automatically to isolate the worker completely from the danger zone, once the material that triggered its movement is removed from the machine.

O.C. 885-2001, s. 177.

178.  Adjustable protector : An adjustable protector is one that shall be adjusted to the material in order to isolate the worker from the danger zone completely and at all times.

O.C. 885-2001, s. 178.

179.  Sensor device: A sensor device is one that reacts by causing the elimination of risks associated with the danger zone, as soon as a worker approaches within a given distance of this zone.

O.C. 885-2001, s. 179.


180.  Two-hand control: Any two-hand control shall have the following characteristics:

  (1)    it operates in such a manner that the worker shall use both hands to start the machine;

  (2)    it is designed and located to prevent involuntary or accidental operations;

  (3)    it is kept at a safe distance from the danger zone.

O.C. 885-2001, s. 180.

181.  Multiple two-hand control: If one of the machine's functions is started by more than one two-hand control, these controls shall be designed in such a manner that none of them can start the machine unless all the other controls are also activated and held in this same position.

O.C. 885-2001, s. 181.

182.  Controlling the danger zone: Subject to section 183, a machine shall be designed and built so as to make its danger zone inaccessible, failing which it shall be equipped with at least one of the following protectors or protective devices:

  (1)    in the case where no one will have access to the machine's danger zone while it is in operation:

  (a)      a permanent protector ;

  (b)      a protector fitted with an interlocking device ;

  (c)      an interlocked protector fitted with an interlocking device ;

  (d)      a sensor device ;

  (2)    in the case where at least one person will have access to the machine's danger zone while it is in operation :

  (a)      a protector fitted with an interlocking device ;

  (b)      an interlocked protector fitted with an interlocking device ;

  (c)      an automatic closing protector ;

  (d)      an adjustable protector ;

  (e)      a sensor device ;

  (f)      a two-hand control.

O.C. 885-2001, s. 182.

183.  Equivalent safety precautions: Section 182 does not apply when it is foreseeable that the effects of installing a protector or a protective device on a machine will make the operations for which it was designed reasonably impractical, notably a snow blower, a railway switch or a medical appliance intended to act directly on a patient.

In this case, the employer shall take precautions that ensure the equivalent safety of workers, namely with respect to the organization of the work, worker training, the machine's operating conditions and operating modes, and individual protective means and equipment that take into account the absence of a protector or of a protective device.

O.C. 885-2001, s. 183.


184.  Installation: Subject to section 186, before operating a machine, the protectors shall be installed or the protective devices shall be operational.

O.C. 885-2001, s. 184.

185.  Making secure: Subject to the provisions of section 186, before undertaking any maintenance, repair or unjamming work in a machine's danger zone, the following safety precautions shall be taken:

  (1)    turn the machine's power supply switch to the off position;

  (2)    bring the machine to a complete stop;

  (3)    each person exposed to danger locks off all the machine's sources of energy in order to avoid any accidental start-up of the machine for the duration of the work.

O.C. 885-2001, s. 185.

186.  Adjustment, repair, unjamming, maintenance and apprenticeship: When a worker must access a machine's danger zone for adjustment, unjamming, maintenance, apprenticeship or repair purposes, including for detecting abnormal operations, and to do so, he must move or remove a protector, or neutralize a protective device, the machine shall only be restarted by means of a manual control or in compliance with a safety procedure specifically provided for allowing such access. This manual control or this procedure shall have the following characteristics:

  (1)    it causes any other control mode or any other procedure, as the case may be, to become inoperative;

  (2)    it only allows the operating of the dangerous parts of the machine by a control device requiring continuous action or a two-hand control device;

  (3)    it only allows the operation of these dangerous parts under enhanced security conditions, for instance, at low speed, under reduced tension, step-by-step or by separate steps.

O.C. 885-2001, s. 186.

187.  Characteristics of a protector: A protector or a protective device shall not:

  (1)    cause additional risks for workers;

  (2)    be in itself a source of danger, for instance due to the presence of cutting edges, irregularities or burrs.

O.C. 885-2001, s. 187.

188.  Spare part: When a protector or a protective device is replaced, the spare protector or protective device shall offer safety features at least equivalent to those of the original part.

O.C. 885-2001, s. 188.

§2.  Control devices or switches

189.  Control devices and switches: Control devices and switches shall be designed, installed and maintained so as to avoid the accidental start-up or shut-down of a machine.

O.C. 885-2001, s. 189.

190.  Start and stop switches: Each machine shall be equipped with a control device or switch making it possible to start and stop the machine under safe conditions.

O.C. 885-2001, s. 190.

191.  Warning device: When the starting up of a machine constitutes a danger for anyone near the machine, a warning device or any other effective means of communication shall announce the starting up of the machine.

O.C. 885-2001, s. 191.

192.  Emergency stop: Subject to section 270, any machine whose operation requires the presence of at least one worker, shall be equipped with an emergency stopping device or switch.

This device or switch stops the machine, considering the machine's design, in the shortest possible time. In addition, it has the following characteristics:

  (1)    it is easily visible and within reach of the worker;

  (2)    one single action activates it;

  (3)    it is clearly identified.

The resetting of the emergency stopping device after it is used, shall not by itself cause the machine to start up.

O.C. 885-2001, s. 192.

193.  Groups of machines: Any stopping device or switch for a machine belonging to a group of machines that are wired to operate in series, including an emergency shut-off switch, shall in addition be designed to stop serial upstream and downstream machines if their operations constitute a danger for worker safety.

O.C. 885-2001, s. 193.