Occupational Health and Safety Act and Regulations for Construction Projects

"highway" means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles;

(a) four-way flashers and a mounted flashing arrowboard sign, or

(b) a power-driven drum and wire rope to raise, lower or move material; and

(2) In this Regulation, a short form listed in Column 1 of the Table to this subsection has the same meaning as the term set out opposite to it in Column 2.

(1) Every constructor shall register with the Director of the Construction Health and Safety Branch before or within thirty days after undertaking a project.

(2) Every employer engaged in construction shall register with the
Director of the Construction Health and Safety Branch before or within
thirty days after first employing a worker in construction.

(3) A registration under this section shall be made by filing a statement that sets out,

(a) in the case of a constructor or employer who is an individual or a sole proprietor,

(i) the full name, regular business address and business telephone number of then individual or sole proprietor, and

(ii) its business address and telephone number,

(iii) if the partnership or syndicate is composed of any individuals, the particulars required by clause (a) for those individuals, and

(i) its date of incorporation

(ii) the province or jurisdiction in which it was incorporated,

(iii) its main business address
and telephone number,

(iv) the full name and residence address of each director of the corporation and the date when he or she became a director, and

(d) a description of the type of construction in which the constructor
or employer is regularly engaged;

(e) the average number of employees, if any, employed by the constructor or employer to construct projects or parts of projects;

(f) The firm number, if any, assigned to the constructor or employer by the Workplace Safety and Insurance Board;

(g) the rate number, if any, assigned to the constructor or employer by the Workplace Safety and Insurance Board; and

(4) The statement must be verified by the
certificate of,

(a) the constructor or employer if the constructor or employer is an individual or a sole proprietorship;

(b) a partner of the constructor or employer if the constructor or employer is a partnership or syndicate; or

(6) A notice under subsection (5) shall be in writing, given within thirty days after the change has occurred and shall give particulars of the change and the date it occurred.


(1) Before beginning work at a project, each constructor and employer engaged in
construction shall complete an approved registration form.

(a) each employer at the project provides to the constructor a completed approved registration form; and

1) This section applies with respect to a project if,

(a) the total cost of labour and materials for the project is expected to exceed $50,000;

(c) the work is the demolition of a building at least four meters high with a floor area of at least thirty square meters;

(d) the work is the erection, structural alteration or structural repair of a bridge, an earth-retaining structure or a water-retaining structure more than three meters high or of a silo, chimney or a similar structure more than 7.5 meters high;

(e) work in compressed air is to be done at the project;

(f) a tunnel, caisson, cofferdam or well into which a person may enter is to be constructed at the project;

(g) a trench into which a person may enter is to be excavated at the project and the trench is more than 300 meters long or more than 1.2 meters deep and over thirty meters long; or

(2) A constructor shall file a notice with a Director before beginning work on a project.


(3) If the work at a project is not expected to take more than fourteen days, a constructor shall, before the work begins, provide by telephone to an inspector at the nearest office of the Construction Health and Safety Branch the information required under Subsection (5) for the project.

(4) A constructor may begin work on a project before filing a notice,

(a) if the work must be done immediately to prevent injury to people or damage to property; and

(a) describe the project;

(b) state the name, mailing address, address for service and telephone number of the constructor and of the owner of the project;

(c) state the name of the supervisor in charge of the project and the supervisor's mailing address, address for service and telephone number;

(d) state the municipal address of the project or include a description
of its location, including its location with respect to the nearest public highway, that is sufficient to enable the Director to locate it;

(e) state the starting date and the anticipated duration of the work;

(f) state the total cost for labour and materials for the project;

(g) list all designed substances that may be used handled or disturbed by work on the project; and

(a) the specifications for the proposed shaft, tunnel, caisson or cofferdam together with drawings showing profiles, transverse sections and plans for it; and

2) The constructor shall comply with subsection (3) or (4) before beginning work at the project.

(3) The constructor shall complete an approved notification form and file it at the Ministry
office located nearest to the project.

(4)If the constructor believes that the work at the project will not take more than 14 days, the constructor may provide the relevant information to an inspector at the Ministry office located nearest to the project,

(a) by faxing the completed form to the inspector, or

1. It is necessary to do the work immediately to prevent injury to people or damage to property.

2. Before beginning the work, the constructor gives an inspector notice of the information required in the form by telephone or fax.


(6) The constructor shall keep the completed notification form posted in a conspicuous place at the project or available at the project for review by an inspector.

A written report under subsection 51 (1) of the Act respecting an occurrence in which a person is killed or critically injured shall set out,

(a) the name and address of the constructor and the employer, if the person involved is a worker;

(b) the nature and the circumstances of the occurrence and the bodily injury sustained by the person;

(c) a description of the machinery or equipment involved;

(d) the time and place of the occurrence;

(e) the name and address of the person involved;

(f) the names and addresses of all witnesses to the occurrence;

(g) the name and address of the physician or surgeon, if any, by whom the person was or is being attended for the injury; and

(g) the name and address of any legally qualified medical practitioner, by whom the person was or is being attended for the injury; and

(1) A notice under subsection 52(1) of the Act respecting an occurrence involving a worker shall set out,

(a) the name, address and type of business of the employer;

(b) the nature and the circumstances of the occurrence and the bodily injury or illness sustained by the worker;

(c) a description of the machinery or equipment involved;

(d) the time and place of the occurrence;

(e) the name and address of the worker involved;

(f) the names and addresses of all witnesses to the occurrence;

(g) the name and address of that physician or surgeon, if any, by whom the worker was or is being attended for injury or illness; and

(h) the steps taken to prevent a recurrence.


(a) the name, address and type of business of the employer;

(b) the nature of the occupational illness;

(c) the name and address of the worker involved;

(d) the name and address of the physician or surgeon, if any, by whom the worker was or is being attended for the illness; and

(g) the name and address of any legally qualified medical practitioner, by whom the
person was or is being attended for the injury; and

(2) A notice under section 52(2) of the Act (information and particulars respecting a
worker’s occupational illness) shall contain the following information:

1. The employer’s name, address and type of business

2. The nature of the illness

3. The worker’s name and address

4. The name and address of any legally qualified medical practitioner by whom the worker was or is being attended for the illness.

5. The name and address of each medical facility, if any, where the worker was or is being attended for the illness

6. A description of the steps taken to prevent a recurrence.

(1) This section applies with respect to an occurrence for which a report under section 51(1) of the Act or a notice under section 52 or 53 of the Act is given, if the occurrence involved a failure of all or part of,

(a) temporary or permanent works;

(c) an excavation wall or similar earthwork for which a professional engineer has given a written opinion that the stability of
the wall is such that no worker will be endangered by it:; or

(d) a crane or similar hoisting device.


(2) An employer or constructor, as the case may be, who gives a report under subsection 51(1) of the Act or a notice under section 52 or 53 of the Act shall, within fourteen days after the occurrence, give the Director of the Construction Health and Safety Branch a written opinion from a professional engineer stating the cause of the occurrence.

(2) A constructor or employer who submits a report under subsection 51(1) of the Act(notice of death or injury) or gives a notice under section 52 or 53 of the Act(notice of accidents, etc.) shall also provide, within 14 days after the occurrence, a professional engineer’s written opinion stating the cause of the occurrence.

(1) A constructor shall post in a conspicuous place at a project and keep
posted while work is done at the project a notice setting out.

(a) the constructor’s name and if the constructor carries on
business in a different name, the business name:

(b) the address and telephone number of the constructor’s head office or principal place of business in Ontario: and

(c) the address and telephone number of the nearest office of the Ministry.


(1) Subject to subsection(2),no person shall employ a person younger that sixteen years of age at a project.

At a project, no person younger that 16 years of age shall,

(a) be employed in or about the workplace; or

(1) A constructor shall establish for a project written procedures to be followed in the event of an emergency and shall ensure that the procedures are followed at the project.

(2)The constructor shall review the emergency procedures with the joint health and safety committee or the health and safety representative for the project, if any.

(1) Unless a safety net or travel restraint system is being used, a worker shall wear a fall arrest system if the worker may fall,

(a) a distance of more that three meters:

(b) into operating machinery:

(c) into water or another liquid: or

(d) into or onto a hazardous substance or object.


(2) In subsection(1) “travel restraint system”” means a mechanism which restricts the movement of a worker on a work surface.

(3) A fall arrest system,

(a) shall be adequately secured to a fixed support or to a lifeline that is securely fastened to the project;

(b) shall be so arranged that if the wearer falls, the wearer will be suspended not more that 1.5 meters below his or her location before the fall: and

(5) A lanyard used in a fall arrest system shall have a nominal diameter of at least sixteen millimeters and be made of nylon rope or other durable material of equivalent impact strength and elasticity.

(6) A lifeline in a fall arrest system,

(a) shall have a nominal diameter of at least sixteen millimeters and be made of polypropylene or other durable material that provides at least equal protection to the user;

(b) shall extend to the ground or be provided with a positive stop that
prevents the connection from the fall arrest system to the lifeline from running off the end of the lifeline;

(c) shall be connected to an object that is capable of resisting the arrestforces in case of a fall;

(d) shall be free of knots, splices and imperfections;

(e) shall be used in such a way that it is not likely to be cut or chafed; and

Section 26.1 to 26.10 apply where a worker is exposed to any of the following hazards:

1. Falling more than 3 meters

2. Falling more than 1.2 meters, if the work area is used as a path for a wheelbarrow or similar equipment.

3. Falling into operating machinery.

4. Falling into water or another liquid.

5. Falling into or onto a hazardous substance or object

6. Falling through an opening on a work surface.


26.1 (1) A worker shall be adequately protected by a guardrail system that meets the requirements of subsections 26.3 (2) to (8).

(2) Despite subsection (1), if it is not reasonably possible to install a guardrail system as
that subsection requires, a worker shall be adequately protected by at least one of the
following methods of fall protection.

1. A travel restraint system that meets the requirements of section 26.4.

2. A fall restricting system that meets the requirements of section 26.5.

3. A fall arrest system that meets the requirements of section 26.6.

1. CANICSA-Z259.1-M99: Safety Belts and Lanyards
2. CAN/CSA-Z259.2.l-M98: Fall Arresting Devices and Vertical Lifelines
3. CAN/CSA-Z259.2.2-M98: Self-Retracting Devices for Personal Fall Arrest Systems
4. CAN/CSA-Z259.2.3-M98: Descent Control Devices
5. CAN/CSA-Z259.10-M90: Full Body Harnesses
6. CAN/CSA-Z259. I l-M92: Shock Absorbers for Personal Fall Arrest Systems


26.2 (1) An employer shall ensure that a worker who may use a fall protection system is
adequately trained in its use and given adequate oral and written instructions by a competent person.

(2) The employer shall ensure that the person who provides the training and instruction referred to in subsection (1) prepares a written training and instruction record for each worker and signs the record.

(3) The training and instruction record shall include the worker's name and the dates on which training and instruction took place.

(4) The employer shall make the training and instruction record for each worker available to an inspector on request.

26.3 (1) Despite paragraph 1 of section 26, a guardrail system that meets the requirements of this section shall be used if a worker has access to the perimeter or an open side of any of the following work surfaces and is exposed to a fall of 2.4 meters or more:

1. A floor, including the floor of a mezzanine or balcony.

2. The surface of a bridge.

3. A roof while formwork is in place.

1. A guardrail system that meets the requirements of this section.

2. A protective covering that,

i. completely covers the opening,

ii. is securely fastened,

iii. Is adequately identified as covering an opening,

iv. Is made from material adequate to support all loads to which the covering may be subjected, and

(3) The guardrail system or protective covering required under subsection (1) or (2) may be removed temporarily to perform work in or around the opening if a worker is adequately protected and signs are posted in accordance with subsections 44 (1) and (2).

(4) The following are the specifications for a guardrail system:

1. It shall have a top rail, an intermediate rail and a toe board.

2. The intermediate rail may be replaced by material that can withstand a point load
of 450 newtons applied in a lateral or vertical downward direction.

3. The top of the guardrail system shall be located at least 0.9 meters but not more than 1.1 meters above the surface on which the system is installed.

4. The toe board shall extend from the surface to which the guardrail system is attached to a height of at least 100 millimeters or, if the toe board is made of wood, at least 89 millimeters

1. A point load of 675 newtons applied in a lateral direction to the top rail.

2. A point load of 450 newtons applied in a vertical downward direction to the' top rail.

3. A point load of 450 newtons applied in a lateral or vertical downward direction to the intermediate rail, or midway between the top rail and the toe board.

(7) The following additional requirements apply to a guardrail system that is made of wood:

1. The wood shall be spruce, pine or fir (S-P-F) timber of construction grade quality or better.

2. The wood shall be free of sharp objects such as splinters and protruding nails.

3. The system shall have posts that are at least 38 millimeters by 89 millimeters, are securely fastened to the surface and are spaced at intervals of not more than 2.4 meters

1. The top rail and intermediate rail shall be made of wire rope that is at least 10 millimeters in diameter, and the rope shall be kept taut by a turnbuckle.

2. The outward deflection of the top rail and intermediate rail resulting from the loads specified in subsection (5) shall not extend beyond the edge of a work surface.

3. The system shall have vertical separators at intervals of not more than 2.4 meters and horizontal supports at intervals of not more than 9 meters

(2) The frill body harness or safety belt shall be attached by a lifeline or lanyard to a fixed support that meets the requirements of section 26.7.

(3) The travel restraint system shall be inspected by a competent worker before each use.

(4) If a component of the travel restraint system is found to be defective on inspection, the defective component shall immediately be taken out of service.

26.5 (1) A fall restricting system shall consist of an assembly of components that is,

(a) attached to an independent fixed support that meets the requirements of section 26.7; and

(3) If a worker who is using the fall restricting system falls more than 0.6 meters, the system shall be immediately removed from service and shall not be used again by a worker unless all components of the system have been certified by the manufacturer as being safe for re-use.

26.6 (1) A fall arrest system shall consist of a full body harness with adequate attachment points and a lanyard equipped with a shock absorber or similar device.


(2) The fall arrest system shall be attached by a lifeline or by the lanyard to an
independent fixed support that meets the requirements of section 26.7.

(3) The fall arrest system shall be arranged so that a worker cannot hit the ground or an object or level below the work.

(4) Despite subsection (1), the fall arrest system shall not include a shock absorber if wearing or using one could cause a worker to hit the ground or an object or level below the work.

(5) The fall arrest system shall not subject a worker who falls to a peak fall arrest force greater than 8 kilonewtons.

(6) The fall arrest system shall be inspected by a competent worker before each use.

(7) If a component of the fall arrest system is found to be defective on inspection, the defective component shall immediately be taken out of service.

(8) If a worker who is using the fall arrest system falls, the system shall be immediately removed from service and shall not be used again by a worker unless all components of the system have been certified by the manufacturer as being safe for
re use

26.7 (1) A permanent anchor system shall be used as the fixed support in a fall arrestsystem, fall restricting system or travel restraint system if the following conditions are met:

1. The anchor system has been installed according to the Building Code.

1. Subject to paragraph 2, a support used in a fall arrest system shall be capable of
supporting a static force of at least 8 kilonewtons without exceeding the allowable unit stress for each material used.

2. If a shock absorber is also used in the fall arrest system, the support shall be capable of supporting a static force of at least 6 kilonewtons without exceeding the allowable unit stress for each material used.

3. Subject to paragraph 4, a support used in a fall restricting system must be capable of supporting a static force of at least 6 kilonewtons without exceeding the allowable unit stress for each material used.

4. Paragraph 3 does not apply to a support that is used in accordance with the manufacturer's written instructions and is adequate to protect a worker.

(2), the support capacity of a temporary fixed support used in a fall protection system may be determined by dynamic testing in accordance with good engineering practice to ensure that the temporary fixed support has adequate capacity to arrest a worker's fall.

(3) A fixed support shall not have any sharp edges that could cut, chafe or abrade the connection between it and another component of the system.

26.8 (1) A safety net shall be designed, tested and installed in accordance with ANSI Standard 10.11-1989, Personnel and Debris Nets for Construction and Demolition Operations.

(2) The safety net shall be installed by a competent worker.

(3) A professional engineer or a competent person under the engineer's supervision shall inspect and test the installation of the safety net before it is put in service.

(4) The engineer shall document the inspection and testing of the safety net and shall sign and seal the document.

(5) A copy of the document shall be kept at the project while the safety net is in service.

26.9 (1) This section applies to a lanyard or lifeline that is part of a travel restraint system or a fall arrest system.

(2) The following requirements apply to a lanyard or a lifeline

1. It shall not be used in such a way that it is likely to be cut, chafed or abraded.

2. It shall not be subjected to extreme temperature, flame, abrasive or corrosive materials or other hazards that may damage it..

(4) The connecting ends of a lanyard shall be wrapped around a protective thimble and securely fastened with a swaged fitting or eye splice supplied by the manufacturer of the lanyard.



(4) A horizontal or vertical lifeline shall be kept free from splices or knots, except knots used to connect it to a fixed support.

(6) Only one person at a time may use a vertical lifeline.

(7) A vertical lifeline shall,

(a) extend to the ground; or

1. It shall be designed by a professional engineer in accordance with good engineering practice.

2. The design may be a standard or a custom design.

3. The design shall,

i. show the arrangement of the system including the anchorage or fixed support system,

ii. indicate the components used,

iii. state the number of workers that can safely be attached to it,

iv. set out instructions for installation or erection, and

5. Before each use, the system shall be inspected by a professional engineer or a competent worker designated by a supervisor.

6. The constructor shall keep the design at the project while the system is in use.


26.10 (1) Subject to subsection (2), a worker.who is performing work on a utility pole shall do so from an elevating work platform that meets the requirements of sections 143 and 144.

(2) If it is not practical for the worker to use an elevating work platform as described in subsection (1), the worker shall use a fall restricting system instead.

26.11 Until January 1,2001 sections 26 to 26.10
do not apply to a worker while he or she is engaged in erecting or dismantling scaffolding, built-in-place formwork or built-in-place
falsework.