May 15, 2013

PROPOSED CHANGES TO ONTARIO REGULATION 213/91, CONSTRUCTION PROJECTS, UNDER THE OCCUPATIONAL HEALTH AND SAFETY ACT

FOR IMPROVING TOWER CRANE SAFETY

AS RECOMMENDED BY THE TOWER CRANE REGULATION REVIEW WORKING GROUP

CURRENT REQUIREMENT IN O. REG. 213/91 / PROPOSED CHANGES RELATED TO TOWER CRANES / RATIONALE/COMMENT RE: PROPOSED CHANGES
NO definition of “climbing” / NEW DEFINITION
“climbing” means the process in which a tower craneworking on or within a structure that is under construction, as the height of that structure increases, the tower craneis raised to a new working height by changing the elevation of the crane superstructure and includes top-climbing, bottom-climbing, internal climbing and telescoping. /
  • A proposed definition of “climbing” is being added and is a combination of the definitions from the CSA standard Z248-04, Code for Tower Cranes, and the United StatesOccupational Safety and Health Administration (OSHA) Regulations.
  • The term “extending” a tower crane (terminology currently used in section 154 of the Construction Regulation) which has traditionally meant external “top-climbing” of a tower crane, is being replaced with “climbing” (as defined) to avoid confusion over the different types of “climbing”.

NO definition of “mobile crane” / NEW DEFINITION
“mobile crane” means a mechanical device or structure that incorporates a boom that,
(a)Is capable of moving in the vertical and horizontal plane,
(b)Is capable of raising, lowering or moving a load suspended from the boom by a hook or rope, and
(c)Is mounted on a mobile base or chassis,
and includes a telescoping or articulated boom but does not include equipment that is used exclusively for fire-fighting or by automotive wreckers and tow trucks to clear wrecks and haul vehicles. / A proposed definition of “mobile crane” is being added,
  • consistent with the one in O. Reg. 275/11, Scope of Practice – Trades in the Construction Sector, under the Ontario College of Trades and Apprenticeship Act, 2009,
  • to clarify when particular requirements apply specifically to mobile cranes and not to other types of cranes e.g. operator qualifications specified under the OCTAA.

NO definition of “self-erecting tower crane” / NEW DEFINITION
“self-erecting tower crane” means a tower crane that is capable of being erected without the use of ancillary equipment. /
  • A proposed definition of “self-erecting tower crane” is being added for clarity and comes from the CSA standard Z248-04, Code for Tower Cranes.

“tower crane” means a travelling, fixed or climbing mechanical device or structure that has,
(a) a boom, a jib or both,
(b) a power-driven drum and wire rope to raise, lower or move material, and
(c) a vertical mast; / “tower crane” means a travelling, fixed or climbing mechanical device or structure that is of the travelling, fixed or climbing type and that has,
(a)a boom, a jib or both,
(b)a power-driven drum and wire rope to raise, lower or move material, and
(b)a vertical mast or tower. /
  • Current definition of “tower crane” is revised slightly for clarity.
  • The term “tower crane” includes a self-erecting tower crane regardless of its lifting capacity.

11.(1)The following incidents are prescribed for the purpose of section 53 of the Act:
1. A worker falling a vertical distance of three metres or more.
2. A worker falling and having the fall arrested by a fall arrest system other than a fall restricting system.
3. A worker becoming unconscious for any reason.
4. Accidental contact by a worker or by a worker’s tool or equipment with energized electrical equipment, installations or conductors.
5. Accidental contact by a crane, similar hoisting device, backhoe, power shovel or other vehicle or equipment or its load with an energized electrical conductor rated at more than 750 volts.
6. Structural failure of all or part of falsework designed by, or required by this Regulation to be designed by, a professional engineer.
7. Structural failure of a principal supporting member, including a column, beam, wall or truss, of a structure.
8. Failure of all or part of the structural supports of a scaffold.
9. Structural failure of all or part of an earth- or water-retaining structure, including a failure of the temporary or permanent supports for a shaft, tunnel, caisson, cofferdam or trench.
10. Failure of a wall of an excavation or of similar earthwork with respect to 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.
11. Overturning or the structural failure of all or part of a crane or similar hoisting device. / 11.(1)The following incidents are prescribed for the purpose of section 53 of the Act:
UNCHANGED EXCEPT FOR ADDITION OF ITEM 12.
12. Accidental or uncontrolled movement of a load or part of a load or any failure of rigging suspended from a tower crane. / NEW Item 12 – A new incident is added for which a constructor would have to provide a written report to the Ministry and to a Joint Health and Safety Committee, health and safety representative or trade union, if any, within 2 days of the incident, setting out the circumstances of the occurrence and the steps taken to prevent a recurrence. There appears to be a recent increased incidence of suspended loads being dropped by cranes. Such incidents can have catastrophic results on workers and property. This addition would provide the Ministry an opportunity to follow up on particular incidents to determine whether they involved any violations of the Construction Regulation.
17.(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.
(3)The constructor shall ensure that the emergency procedures are posted in a conspicuous place at the project. / 17.(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.
NEW (1.1)If the emergency procedures include the use of a tower crane to move a worker or workers in a platform, basket, stretcher or other rescue device suspended from the crane, the requirements of (NEW) ss.153.1shall be met.
(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.
(3)The constructor shall ensure that the emergency procedures are posted in a conspicuous place at the project. / New ss.(1.1) – If a decision is made by the constructor and tower crane employer that the tower crane on a project could be used if necessary in the event of an emergency situation to rescue a worker from an elevated position on the building or structure under construction, then that must be clearly indicated in the emergency procedures and appropriate details provided. The constructor and employer would have to ensure that the tower crane and platform, basket, stretcher or other rescue device used to rescue a worker meet the requirements in NEW subsection 153.1.
102.No operator shall leave unattended the controls of,
(a) a front-end loader, backhoe or other excavating machine with its bucket raised;
(b) a bulldozer with its blade raised;
(c) a fork-lift truck with its forks raised; or
(d) a crane or other similar hoisting device with its load raised. / 102.No operator shall leave unattended the controls of,
(a) a front-end loader, backhoe or other excavating machine with its bucket raised;
(b) a bulldozer with its blade raised;
(c) a fork-lift truck with its forks raised; or
(d) subject to s.164,a crane or other similar hoisting device with its load raised. / A cross reference to section 164 is added. S.64 is being changed to allow a load to be suspended from an unattended tower crane only if specified by the crane manufacturer.
Amended March 2013, came into effect April 8, 2013 to align with the Ontario College of Trades and Apprenticeship Act, 2009 coming into effect on the same date.
150.(1)Subject to subsection (2), no worker shall operate a crane or similar hoisting device unless the worker holds a certificate of qualification issued under the Ontario College of Trades and Apprenticeship Act, 2009,that is not suspended, or the worker is an apprentice and is working pursuant to a training agreement registered under that Act, that is not suspended, in the trade of,
(a) hoisting engineer — mobile crane operator 1, if the worker is operating a crane or similar hoisting device capable of raising, lowering or moving any material that weighs more than 30,000 pounds;
(b) hoisting engineer — mobile crane operator 1 or hoisting engineer — mobile crane operator 2, if the worker is operating a crane or similar hoisting device capable of raising, lowering or moving only material that weighs more than 16,000 pounds but no more than 30,000 pounds; or
(c) hoisting engineer — tower crane operator, if the worker is operating a tower crane.
(1.1)Subsection (1) does not apply when a worker is using excavation equipment to place pipes into a trench.
(2)No worker shall operate a crane or similar hoisting device, other than one described in subsection (1), unless,
(a) the worker has written proof of training indicating that he or she is trained in the safe operation of the crane or similar hoisting device; or
(b) the worker is being instructed in the operation of the crane or similar hoisting device and is accompanied by a person who meets the requirements of clause (a).
(3)A worker shall carry his or her proof of training while operating a crane or similar hoisting device. / 150. (1)Subject to subsections (1.2) and (2), no worker shall operate a mobile crane or tower craneor similar hoisting device unless the worker holds a certificate of qualification issued under the Ontario College of Trades and Apprenticeship Act, 2009,that is not suspended, or the worker is an apprentice and is working pursuant to a training agreement registered under that Act, that is not suspended, in the trade of,
(a) hoisting engineer — mobile crane operator 1, if the worker is operating a crane or similar hoisting device capable of raising, lowering or moving any material that weighs more than 30,000 pounds;
(b) hoisting engineer — mobile crane operator 1 or hoisting engineer — mobile crane operator 2, if the worker is operating a crane or similar hoisting device capable of raising, lowering or moving only material that weighs more than 16,000 pounds but no more than 30,000 pounds; or
(c) hoisting engineer — tower crane operator, if the worker is operating a tower crane.
NEW (1.1) Subject to subsection (1.2), an apprentice operating a tower crane shall be constantly monitored during the operation of the crane by a person who:
(i)meets the requirements of ss.(1)(c),
(ii)is in direct audio communication with the apprentice,
(iii)is not engaged in performing other work while monitoring the apprentice who is operating the crane, and
(iv)is able to direct the apprentice during the operation of the crane.
1.1)Subsection (1) does not apply when a worker is using excavation equipment to place pipes into a trench.
New (1.2) An operator of a self-erecting tower crane,
(a)rated more than 40 metre tonnes, shallhold a certificate of qualification issued under the Ontario College of Trades and Apprenticeship Act, 2009,that is not suspended in the trade of:
(i)hoisting engineer — mobile crane operator 1, or
(ii)hoisting engineer — tower crane operator, and
(b)rated up to and including 40 metre tonnes, shallhold a certificate of qualification issued under the Ontario College of Trades and Apprenticeship Act, 2009,that is not suspended in the trade of:
(i)hoisting engineer — mobile crane operator 1, or
(ii)hoisting engineer — mobile crane operator 2, or
(iii)hoisting engineer — tower crane operator, and
(c)shall have successfully completed the relevant modular training standard developed and administered by the Ministry of Training, Colleges and Universities for self-erecting tower crane operator.
(2)No worker shall operate a crane, other than one described in subsection (1), or similar hoisting device unless,
(a) the worker has written proof of training indicating that he or she is trained in the safe operation of the crane; or
(b) the worker is being instructed in the operation of the crane or similarhoisting device and is accompanied by a person who meets the requirements of clause (a).
(3)A worker shall carry his or her proof of training, or qualification issued under the Ontario College of Trades and Apprenticeship Act, 2009,while operating a crane or similarhoisting device. / Section 150 is revised to clarify that the operator qualifications specified under the Ontario College of Trades and Apprenticeship Act, 2009 apply only to operators of mobile cranes and tower cranes and not to any other types of cranes or hoisting devices.
  • In NEW subsection 150(1.1),
  • The monitor would not have to be in constant visual contact of the apprentice operator since there may be situations when their views of each other are blocked by objects/structures on the construction site during the movement of a load by the crane.
  • The term “during the operation of the crane” means while the apprentice is manipulating the controls of the crane and the controls are “ON”. The intent is for the monitor to be able to tell the apprentice to immediately stop the operation at any point should an unsafe situation develop.
  • The reference to “not engaged in performing other work” in paragraph (iii) would allowthe monitor to do work related to the hoisting operation e.g. guidinga load being moved or unhooking a load placedby the apprentice.
  • Deleting existing subsection (1.1) does not change the current intent or implementation of the requirement. Subsection (1.1) is deleted because the Ministry has determined that excavation equipment used to place pipes into a trench is not a crane or a hoisting device similar to a crane, andsection 150 is being changed so it would no longer apply to “similar hoisting device” i.e. it would only apply to mobile and tower cranes.
  • The NEWsubsection (1.2) would make it mandatory for operators of self-erecting tower cranes to have completedthe MTCU training programs for self-erecting tower cranes released in 2009. The specific titles and identifying numbers of the training programs are not included in the Regulation as they may be updated/changed at any time by MTCU.

151.(1)No crane or similar hoisting device shall be subjected to a load greater than its rated load-carrying capacity.
(2)The manufacturer of a crane or similar hoisting device or a professional engineer shall determine its rated load-carrying capacity in accordance with,
(a) for a mobile crane, Canadian Standards Association Standard Z150-1974 Safety Code for Mobile Cranes; and
(b) for a tower crane, Canadian Standards Association Standard Z248-1976 Code for Tower Cranes.
(3)Every crane or similar hoisting device shall have affixed to it a load rating plate,
(a) that the operator can read while at the controls; and
(b) that contains enough information for the operator to determine the load that can be lifted for each configuration of the crane.
(4)A luffing boom crane, other than a tower crane, shall have affixed to it a boom angle indicator that the operator can read while at the controls. / 151.(1)No crane or similar hoisting device shall be subjected to a load greater than its rated load-carrying capacity.
(2)The manufacturer of a mobile crane or tower craneor similar hoisting device or a professional engineer shall determine its rated load-carrying capacityin accordance with,as appropriate,
a) for a mobile crane, Canadian Standards Association Standard Z150-1974 Safety Code for Mobile Cranes; and
(b) for a tower crane, Canadian Standards Association Standard Z248-1976Z248–04,Code for Tower Cranes.
(3)Every crane or similar hoisting device shall have affixed to it a load rating platechart,
(a) affixed to it which the operator can read while at the controls of the crane;
(b)(NEW)with the operator of the crane if the crane is operated by remote control;and
(c)that contains enough information for the operator to determine the load that can be lifted for each configuration of the crane.
(4)A luffing boom crane, other than a tower crane, shall have affixed to it a boom angle indicator that the operator can read while at the controlsof the crane. /
  • ss.(151(2) – The revision is necessary since the referenced CSA standards apply only to mobile cranes and tower cranes and not to “similar hoisting devices”.
  • ss.(3) –The existing term, “load rating plate” is replaced with the term, “load rating chart” for consistency with the CSA standard Z248-04, Code for Tower Cranes. This same editorial change is made throughout the regulation to ensure consistency and would apply to all cranes. This revision would not change the existing intent or interpretation of the requirements.
  • ss.(4) - Deleting “other than a tower crane” means all luffing boom cranes, including luffing tower cranes, would need to have a boom angle indicator. This change reflects the changing technology of tower cranes since the initial introduction of this requirement in the Regulation. Industry experience indicates most new luffing tower cranes have digital boom angle indicators at the operator’s controls. Older cranes that do not have boom angle indicators may need to have them retrofitted in order to comply with this requirement.

152.(1)The owner of a crane or similar hoisting device shall keep a permanent record of all inspections of, tests of, repairs to, modifications to and maintenance of the crane or similar hoisting device.
(2)The owner of a crane or similar hoisting device shall prepare a log book for it for use at a project that shall include the record referred to in subsection (1) covering the period that is the greater of,
(a) the immediately preceding twelve months; and
(b) the period the crane or similar hoisting device is on the project.
(3)The log book shall be kept with the crane or similar hoisting device.
(4)The owner of a crane or similar hoisting device shall retain and make available to the constructor on request copies of all log books and records for the crane or similar hoisting device. / 152.(1)The owner of a crane or similar hoisting device shall keep a permanent writtenrecord of all inspections of, tests of, repairs to, modifications to and maintenance performed on the crane.orsimilar hoisting device.
(1.1) NEW The permanent written record referred to in subsection (1) shall:
(a) include the names and signatures of the persons who performed the inspections of, tests of, repairs to, modifications to and maintenance on the crane and the dates on which these were performed; and
(b) be considered a permanent part of a crane that is to be transferred to each subsequent new owner of the crane.
(2)(a) The owner of a crane or similar hoisting device shall prepare a log book for the crane or similar hoisting devicewhile it is at a project.