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 these laws based on the facts they find in the workplace.

Overview

As mobile cranes age, they may reach a point where their useful life may be extended by making physical modifications to permanently reduce their lifting capacity. In this case the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) will accept a crane’s de-rating subject to the conditions listed on this page.

However, the MLITSD will not accept de-rating of cranes for the purposes of using a less qualified operator, which does not involve physical alteration of the equipment or which involves changes that can be easily reversed when determining the weight that a crane is “capable of raising, lowering or moving” under section 150 of the Construction Projects Regulation (O. Reg. 213/91).

The MLITSD enforces the Occupational Health and Safety Act and its regulations, which set legal requirements for employers to ensure the protection of workers.

Regulatory requirements for de-rating mobile cranes

De-rating of a mobile crane must comply with the following regulatory requirements.

Determine and document new rated capacity

The new rated load-carrying capacity must be accompanied by documentation provided by the manufacturer or by a professional engineer confirming that the de-rated capacity has been determined in accordance with CSA Standard Z150-16 or CSA Standard Z150.3-17, as required by subsection 151(2) of the Construction Projects Regulation .

Replace load-rating chart

The original load-rating chart must be replaced with a new chart corresponding to the reduced rated capacity that must be developed and installed on the equipment or otherwise made available for the operator to read while at the controls of the crane while it is in use. This is in accordance with subsection 151(3) of the Construction Projects Regulation.

Ensure the weight that the crane is capable of raising, lower or moving has changed

When determining the weight that the crane is “capable of raising, lowering or moving” for the purposes of enforcing section 150 of the Construction Projects Regulation, the MLITSD will consider the crane to be “capable” of lifting its original rated load-carrying capacity, unless there has been physical alteration to the equipment so that the de-rated crane does not have an excessive capacity (after applying appropriate safety factors) in any configuration to lift a load over the de-rated capacity. This applies to both weight and reach.

If the operator is capable of returning the crane to its original capacity, then the de-rating will not be accepted by the MLITSD for the purposes of determining the weight that the crane is “capable of raising, lowering or moving” under section 150.

Construction Program enforcement

Inspectors may issue an order under section 150 or other relevant sections of the Construction Projects Regulation to the workplace parties if there is a contravention concerning the qualifications of the crane operator or the unsafe operation of the crane.

Inspectors may use their power under clause 54(1)(f) of the Occupational Health and Safety Act (OHSA) to require the employer to confirm by way of a report by a professional engineer or crane manufacturer the actual load-carrying capacity of a crane for the purposes of enforcing subsection 151(2) of the Construction Projects Regulation and accordingly considering the new de-rated crane capacity.

Where requirements are issued under clause 54(1)(f) of the OHSA, a “stop use” requirement under clause 54(1)(i) should also be considered.

Training and certification of crane operators

Employers have a duty under the Occupational Health and Safety Act, clause 25(1)(c) to ensure that the measures and procedures prescribed are carried out in the workplace.

This includes compliance with the training and certification of crane operators as required by section 150 of the Construction Projects Regulation. Clause 25(2)(a) requires the employer to provide information, instruction and supervision to a worker to protect the health or safety of the worker. Clause 25(2)(h) requires the employer to take every precaution reasonable in the circumstances for the protection of a worker.

Under subsection 150(1) of the Construction Projects Regulation, the operator of a mobile crane capable of raising, lowering or moving any material that weighs more than 16,000 lbs or a tower crane of any capacity must:

  • hold a certificate of qualification or a provisional certificate of qualification issued under the Building Opportunities in the Skilled Trades Act, 2021, that is not suspended
  • or be a registered apprentice in the relevant “Hoisting Engineer” trade

The “Hoisting Engineer” trades are:

  • Hoisting Engineer – Mobile Crane Operator 1
  • Hoisting Engineer – Mobile Crane Operator 2
  • Hoisting Engineer – Tower Crane Operator

These are compulsory trades in Ontario which apply to operators of mobile cranes capable of raising, lowering or moving materials that weigh more than 16,000 lbs and to operators of tower cranes, regardless of the tower crane’s capacity.

Impact of de-rating on training requirements

De-rating a mobile crane to a capacity less than 16,000 pounds would allow the mobile crane to be operated by an operator who does not hold a certificate of qualification issued under the Building Opportunities in the Skilled Trades Act, 2021. The operator also does not need to be an apprentice working pursuant to a training agreement registered under that act. Under subsection 150(2) of the Construction Projects Regulation, the operator would only need:

  • written proof of training indicating that they are trained in the safe operation of the crane with a capacity of less than 16,000 pounds
  • or be instructed and accompanied by a person who has that written proof of training