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Circumstances Described in the Section 7 Table

  • Issued: November 23, 2016
  • Content last reviewed: November 2016

Guarding – subsections 7(5) and 7(6)

When is a pre-start health and safety review required?

A pre-start health and safety review (PSR) is required when any one of the following is used as a protective element in connection with an apparatus (item 2 in the section 7 table):

  1. Safeguarding devices that signal the apparatus to stop, including but not limited to safety light curtains and screens, area scanning safeguarding systems, radio frequency systems and capacitance safeguarding systems, safety mat systems, two-hand control systems, two-hand tripping systems and single or multiple beam systems.
  2. Barrier guards that use interlocking mechanical or electrical safeguarding devices.

A PSR is not required (as outlined in subsection 7(5)) if,

  • (a) the protective element was installed at the time the apparatus was manufactured and the conditions set out in paragraphs 1, 2 and 3 of subsection 7(6) are met (see below); or
  • (b) the protective element was not installed at the time the apparatus was manufactured and the conditions set out below are met: (subsection 7(6)).

As per subsection 7(6) the following are the conditions mentioned in clauses 5(a) and (b):

  1. The apparatus was manufactured in accordance with and meets current applicable standards, or it has been modified to meet current applicable standards.
  2. The apparatus is installed in accordance with the manufacturer’s instructions and current applicable standards.
  3. The protective element was manufactured in accordance with and meets current applicable standards, or it has been modified to meet current applicable standards.
  4. The protective element is installed in accordance with the manufacturer’s instructions, and current applicable standards, if any.

If no PSR is required because subsection 7(5) applies, the documents establishing the exemption must be readily accessible in the workplace for as long as the protective element remains in the workplace for the exemption to be valid.

Guarding provisions and standards

The provisions and circumstances listed under item 2 in the section 7 table of the Industrial Establishments Regulation act as a trigger to determine when a PSR is required for guarding. Sections 24, 25, 26, 28, 31 and 32 are the provisions of the Industrial Establishments Regulation that deal with guarding.

There are a number of standards that can be used to claim an exemption from a PSR or to support compliance; they are discussed below.

"A," "B" and "C" standards may be used for exemption or to support compliance. This means that if the equipment has been manufactured to meet one of these standards an exemption from doing a PSR may be claimed or, if the equipment was not manufactured to one of these standards, they may be used by the engineer doing the PSR to demonstrate that the equipment is in compliance with the applicable sections of the guarding sections of the Industrial Establishments Regulation (sections 24, 25, 26, 28, 31 and 32).

"A" and "B" standards are generic safety standards that give basic concepts and principles for design and general aspects, or deal with one safety aspect or one type of safety-related device that can be applied to machinery/processes. Type A Standards define fundamental concepts and general design principles that apply to all types of machinery, and Type B Standards are concerned with a particular aspect of safety and apply to most machinery. "C" standards give minimum safety instruction for a specific group of machinery.

Listings of "A," "B" and "C" standards are shown below. Standards flagged with an asterisk (*) have been reviewed by Ministry of Labour engineers and are accepted by the Ministry of Labour as good engineering practice needed to comply with section 7 of the Industrial Establishments Regulation. Standards not flagged with an asterisk have not been reviewed by the ministry. Such standards must be reviewed by a P. Eng. (professional engineer) to ensure that adherence to them would satisfy all the requirements of the regulation that are listed in the PSR table.

Please note that the use of generic machine guarding standards (type A and B) requires that a risk assessment be conducted as part of the exemption from conducting a PSR.

"A" and "B" standards:

  • CSA-Z432*
  • ANSI B11.19*
  • ISO 4413*; ISO 4414*
  • ISO 12100 Parts 1 and 2*
  • ISO 13851*; ISO 13852*; ISO 13853*; ISO 13854*; ISO 13855
  • ISO 13856*; ISO 14119*; ISO 14120*; ISO 14121*
  • IEC 61496 Parts 1 and 2*

"C" standards:

  • CSA Z142*; CSA Z434*; CSA Z615*;
  • ANSI B11.01*; ANSI B11.02*; ANSI B11.03*; ANSI B11.06*; ANSI B11.08*;
  • ANSI B11.10 ; ANSI B11.20*; ANSI B11.21*;
  • ANSI B65.1* ; ANSI B65.2*; ANSI B65.5*; ANSI 15.06; ANSI/SPI B151.1*;
  • ANSI Z245.1* and the MOL Mobile Compacting Equipment Safety Guidelines.

There is a listing of codes, standards, manuals and handbooks in Appendix I that may be used by an engineer doing a PSR to determine compliance or measures to be taken to achieve compliance.

Related sections of the Industrial Establishments Regulation that may affect design criteria include: section 40 (electrical equipment, insulating materials and conductors), section 75 (blocking of equipment to prevent movement) and section 76 (lockout of equipment).

What documents are acceptable to establish an exemption?

The following documents are acceptable to establish such an exemption:

  1. A notice in writing from the manufacturer declaring that the apparatus and protective element have been manufactured or modified to meet current applicable standards. Procurement/purchasing documentation verifying that the apparatus and protective element have been manufactured or modified to meet current applicable standards may be acceptable.

    and

    A notice in writing from the installer stating that the apparatus and protective element were installed in accordance with the manufacturer’s instructions and current applicable standards, if any; and

  2. If the protective element was not installed when the apparatus was manufactured, a notice in writing from the installer stating that the protective element was installed in accordance with the manufacturer’s instructions and current applicable standards, if any;

    or

    Certification from an accredited organization verifying that the apparatus and protective element have been manufactured or modified to meet current applicable standards may be acceptable, where such organizations are available.

For the purpose of section 7, a manufacturer is:

  1. the original equipment manufacturer; and/or
  2. an employer (systems integrator) who is responsible for integrating equipment/a group of machines or safety devices that have been procured to comply with current applicable standards, and/or items manufactured in house to those standards. Such equipment integration shall be subject to a documented risk assessment review if required by the applicable standard.

If no pre-start health and safety review is required due to the guarding provisions exemption, the owner, lessee or employer must keep documentation supporting the exemption readily accessible in the workplace [subsection 7(10)].

Do I need a PSR if I am replacing a light curtain with a fixed barrier guard or pullback device?

A PSR is not required for fixed barrier guards, holdback devices or pullback devices. However, the employer is reminded of their responsibility to ensure that all requirements of the Occupational Health and Safety Act (OHSA) and Regulations are complied with.

Even if a PSR is not required, or an exemption to the requirements of section 7 applies, the employer must ensure that workers are protected before operating any apparatus, structure, protective element or process in the workplace.

Do I need a PSR if I am replacing a light curtain with another light curtain (replacing an apparatus, structure, protective element or process with an identical one)?

A PSR would not be required if the light curtain is identical to the one being replaced. This would be considered maintenance. If the light curtain is not identical, a PSR would be required.

If a light curtain is being replaced with a two-hand control, is a PSR required?

Yes. This is considered a new installation, and the two-hand control is included in the circumstances described in the section 7 table; however, this may be subject to an exemption.

If a light curtain approved by the Canadian Standards Association (CSA) is being installed on a brake press, is a PSR required?

At present, the CSA does not certify equipment to be in accordance with a standard other than the Ontario Electrical Safety Code, O. Reg. 164/99. A PSR must, therefore, be performed.

The PSR will consider the method of installation, or placement of the light curtain, something that the CSA electrical certification does not cover.

Is a PSR required if a set of interlocked gates is replaced with a fixed guard?

No, a PSR is not required.

If an existing protective element is being replaced with a new and improved safety device, is a PSR required?

If the protective element was not installed at the time that the apparatus was manufactured, but was installed in accordance with the manufacturer’s instructions and to the current applicable standards, a PSR would not be required.

The documentation required by subsection 7(10) that establishes the exemption must be readily accessible in the workplace. If an exemption cannot be applied, then a PSR would be required.

Does equipment/apparatus installed prior to the changes to section 7 (October 7, 2000) require a PSR?

The regulation came into effect on October 7, 2000, and if a review was done prior to this date, then another review is not necessary, unless modifications to the existing machine, equipment, device, structure, protective element or process have since been undertaken.

If a PSR makes reference to standards such as the CSA Code for Punch Press and Brake Press Operation, but the employer does not install monitoring devices such as the brake monitor referenced in the standard and the engineer’s PSR report highlights this, would this be acceptable?

The only parts of a standard that would apply are the ones dealing with worker protection from the hazards addressed by the applicable sections listed in the table under section 7 of the Regulation for Industrial Establishments. A brake monitor referenced in either the standard or the PSR is not considered necessary for compliance with the applicable sections listed in the table.

Are emergency stops excluded from PSRs?

Since emergency stops are not addressed in section 7, they are excluded from PSR requirements. Emergency stops are not guards. A guard is a device that is designed to prevent an accident from taking place. While an emergency stop control is useful as a safety device to immediately bring a machine to a stop should an accident occur, it is not designed to prevent the accident from occurring in the first place. This is why section 27 of the Industrial Establishments Regulation is not referenced as one of the applicable sections in the section 7 table for item 2.

If a manufacturer builds machines for its own use, according to these guidelines, it becomes the "system integrator". In this case would the manufacturer have to comply with section 7?

Yes. As the "system integrator", the manufacturer would have the duty to build the machine in accordance with the standards that comply with section 7.

Would the firm, as a "system integrator", also have the right to issue its own internal exemption from having to hire a professional engineer (P. Eng.) to conduct a PSR?

There is still a requirement to have a professional engineer review the integrated equipment/machines/safety devices to determine that they comply with the requirements of section 7. While individual equipment might be exempt if it meets the prescribed criteria (e.g. a statement from the manufacturer that the machine was built in accordance with current applicable standards), a professional engineer would then be required to issue either a letter stating that the integrated equipment meets the exemption requirements or a PSR report.

Is it always necessary to comply with a specific standard or use industry practice?

It is always necessary to comply with the requirements of the OHSA and its regulations. Using other standards or industry practices is generally considered to be good practice and also provides documentation that can be used to demonstrate due diligence in meeting the legislative or regulatory requirements.

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Rack and stacking structures - subsection 7(7)

When is a PSR required?

When materials, articles or things are to be placed or stored on a structure that is a rack or stacking structure (item 3 in the section 7 table) a pre-start health and safety review is required unless the rack or stacking structure is designed and tested for use in accordance with current applicable standards.

For the purpose of section 7, "rack and stacking structures" include:

  • industrial pallet racks
  • moveable shelf racks
  • stacker racks
  • drive-in and drive-through racks, and
  • cantilever racks.

They are made of cold-formed, hot-rolled steel, wood, aluminum or concrete structural members.

Rack and stacking structures exemption

If no pre-start health and safety review is required because subsection 7(7) of the regulation applies, the owner, lessee or employer shall keep documents establishing the exemption readily accessible in the workplace for as long as the rack or stacking structure remains in the workplace.

If no pre-start health and safety review is required due to the rack and stacking structures exemption, the documentation supporting the exemption must be readily accessible in the workplace per subsection 7(10) of the regulation.

What documents are acceptable to establish an exemption?

A document from the manufacturer, supplier or vendor of the rack or stacking structure that indicates the requirements for its safe use, and containing a statement outlining the loading conditions and design standards used to design and build the rack or stacking structure. The requirements can take the form of, but are not limited to, capacity tables, capacity charts, structural drawings or a written statement specifying the capacity. The document must bear the seal and signature of a professional engineer; or

A notice in writing from the manufacturer declaring that the rack or stacking structure is designed and tested for use in accordance with current applicable standards.

A recommended practice would be to have a professional engineer sign off on the exemption.

Rack and stacking structure provisions and standards

The provisions and circumstances listed in the section 7 table of Industrial Establishments Regulation act as a trigger to determine when a PSR is required for racking and stacking structures. There is one standard that can be used for an exemption from a PSR or to support compliance with a PSR, and other standards and codes to determine compliance with the applicable racking and stacking structures section of Industrial Establishments Regulation. These standards and codes are discussed below.

An exemption from doing a PSR may be claimed if the rack or stacking structure has been manufactured to meet the following Racking Manufacturing Institute Standard: Specification for the Design Testing and Utilization of Industrial Steel Storage Racks, Part 1, 2, 3. This standard deals with detailed safety requirements for a particular piece of equipment such as racks and stacking structures.

If the rack or stacking structure was not manufactured to this standard, the standard may be used by the engineer doing the PSR to demonstrate that the rack or stacking structure is in compliance with the applicable clause of the Industrial Establishments Regulation [clause 45(b)].

The codes and standards listed below cannot be used for exemption purposes, but may be used by an engineer doing a PSR to determine compliance or measures to be taken to achieve compliance.

  • Steel storage racking AS 4084-1993
  • SEMA Code of Practice for the Design of Static Racking
  • Pallet racks JIS Z 0620 - 1998

Is there an accredited organization that certifies racks?

No. However, if an exemption is invoked under subsection 7(7), the employer must request the documentation from the supplier or the manufacturer to substantiate that the rack is designed, manufactured, and installed in accordance with the listed specifications and instructions.

Does a shelf similar to a bookshelf for the purpose of storing small nuts and bolts require a PSR or exemption?

No. A PSR is not required for a portable rack as described above.

I am purchasing a 72-inch high and 18-inch deep hand-loaded metal shelving system for my maintenance shop that will be used for storing spare parts, do I need a PSR?

No. Section 7 is for intended for "rack and stacking structures" that are typified by tall structures containing loads that are placed onto the structure with lift trucks. Typical examples of these structures are; drive-in racks, cantilever racks, push-back racks, and selective racks.

Note that many other types of racks or stacking structures may be within the scope of section 7. The employer is responsible for determining if the design of the rack or stacking structure is within the scope of section 7.

If a firm purchases a drive-in rack and a cantilever rack system, will it be exempt from the PSR requirement if the manufacturer provides documentation stating that it is "designed and tested for use with the current applicable RMI standard?"

No, it would not be exempt because the RMI standard does not speak to these types of racks. In addition, the current applicable standard (Specification for the Design Testing and Utilization of Industrial Steel Storage Racks—ANSI MH16.1) specifically states that these types of racks are outside of its scope.

An employer may still be able to get an exemption from carrying out a PSR if the manufacturer of the racking system provides specific documentation that bears the seal of a professional engineer stating that the racking system has been designed and built to the current applicable standards.

If rack components (e.g. beams and upright frames) are "designed and tested for use with current applicable standards," does a rack structure assembled using the components require a PSR?

Yes, a PSR would be required. However, an exemption may apply if documentation exists and can be provided that clearly states the structure is "designed and tested for use with current applicable standards."

The documentation for the structure must identify the members (components) contained within it and the engineering controls or measures required for their assembly into the rack structure.

The documentation must also include:

  • a) a statement from the manufacturer stating the structure is "designed and tested for use in accordance with the Specification for the Design Testing and Utilization of Industrial Steel Storage Racks—ANSI MH16.1 or the Standard for the Design and Construction of Steel Storage Racks—CSA A344.2-05"; or
  • b) an indication of the design standards used, the maximum loading conditions, the requirements for its safe use (i.e. anchorage, erection tolerances, etc.), and a seal of a professional engineer licensed in Ontario.

How does one establish a link between racks within a warehouse facility and the documentation (that establishes their subsection 7(7) exemption) that is on file?

Generally speaking, racks do not have markings that identify their manufacturer, and racks from several manufacturers may appear very similar but have different capacities. Nevertheless, these rack structures are required to:

  • a) be in compliance with the regulation and
  • b) have the required documentation that establishes compliance.

Users are required to use practices that can achieve these requirements or they will not be able to demonstrate compliance with the regulation. Being non-compliant results in the need for an engineering report that can verify compliance.

If a damaged component is replaced or repaired, is a PSR required?

A PSR is required when an employer installs a new racking system or modifies an existing racking system. A damaged rack may require a PSR if the racking system is significantly altered or its use changed. If the damage is repaired in-house, a professional engineer licensed in Ontario will need to provide written guidance for the repairs.

However, a PSR is not required if replacing or repairing a component does not modify the rack or stacking structure, provided the replacement/repaired component has the required capacity and it is designed and tested for use in accordance with the current applicable standard, or documentation from the manufacturer of the repaired component establishes the repair has sufficiently restored the capacity of the component.

If a rack structure is assembled using components from different manufacturers or suppliers, and the individual components have documentation indicating they are "designed and tested for use with current applicable standards", is the rack structure exempt?

Although the different manufacturers’ components have been "designed and tested for use with current applicable standards," the fact that these components have been mismatched (i.e. components from one manufacturer plus components from another manufacturer) means that a PSR may be required.

If this assembly is considered a modification, the employer would be advised to conduct an evaluation to determine if a PSR is required.

Note that an evaluation is not a PSR but merely a way of determining whether a PSR is required.

When modification of a rack structure triggers a PSR, what is the PSR to examine (e.g. affected components, bay, row, facility)?

The process of determining whether a PSR is required also includes a determination of what is required to bring the rack structure back into compliance with the regulation. Once this is determined, the scope of a PSR can then be limited to addressing the modification that resulted in noncompliance.

Is a field review of the installation required to confirm the racks are installed in accordance with the current applicable standards?

Although a field review by the supplier is not mandatory, the rack structure is still required to be installed in accordance with the requirements.

The installation of a racking system should only be carried out by workers who have received adequate training and are familiar with rack assembly procedures. The installation must be in accordance with the manufacturer’s instruction or under the instruction of a professional engineer licensed in Ontario.

Does a PSR need to review the a) loads (pallets) for suitability to interfacing with the racks and b) the stability of the loads stored on the pallets?

No, provided the PSR or documentation used to provide a subsection 7(7) exemption specifies the parameters and/or type of load the rack structure is designed to support. It is the responsibility of the employer to ensure the loads are stable and conform to the specified parameters.

Does the structural adequacy of the floor that supports the rack structure need to be reviewed by the PSR?

No, but it must be designed to safely support the racks as stipulated by other sections of the OHSA and its regulations. The scope of a PSR can be limited to item 3 in the table of section 7, which is specific to racks and stacking structures with material, articles, or things placed on them.

Are rack storage systems with elevated floors (pick modules) subject to PSR, and does the review need to include items such as fall arrest?

The employer must review the other regulations under the OHSA that apply such as fall protection, and take the necessary measures required to comply. In this case it should be noted the vendor or supplier of the rack storage system is still required to comply with other regulations such as building codes that deal with issues such a guarding of open edges.

Are rack storage systems with elevated floors (pick modules) subject to PSR, and does the review need to include items such as fall arrest?

The employer must review the other regulations under the OHSA that apply such as fall protection, and take the necessary measures required to comply. In this case it should be noted the vendor or supplier of the rack storage system is still required to comply with other regulations such as building codes that deal with issues such a guarding of open edges.

When doing the PSR, should the review document all damage that may adversely affect the capacity of the racking structure?

The requirements of a PSR are outlined in subsection 7(4). The review does not require components be inspected for damage and the effects of the damage assessed; however, the OHSA still requires the employer maintain the racks in good and safe condition.

If the contents stored within the racking units change, is a PSR required?

The purpose of clause 45(b) of the Industrial Establishments Regulation is structural. It is required that contents be stored so that they will not tip, collapse or fall.

If the new contents include those items listed in item 1 of the section 7 table (flammable liquids), then a PSR may be required.

If the load limits as stated by the manufacturer of the rack are exceeded, then a PSR will be required.

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Spray booths - subsection 7(8)

When is a PSR required?

A PSR is required if a process involves the risk of ignition or explosion that creates a condition of imminent hazard to a person’s health or safety.

Per subsection 7(8) of the regulation, a PSR is not required if the process is conducted inside a spray booth that is manufactured and installed in accordance with current applicable standards and the spray booth meets the definition of a spray booth in O. Reg. 213/07 made under the Fire Protection and Prevention Act, 1997:

"spray booth" means a power-ventilated structure that encloses or accommodates a spraying operation so that spray vapour and residue can be controlled and exhausted.

If no pre-start health and safety review is required due to the spray booth exemption, the documentation supporting the exemption must be readily accessible in the workplace per subsection 7(10) of the regulation.

Spray booth provisions and standards

The provisions and circumstances listed in the section 7 table of Industrial Establishments Regulation act as a trigger to determine when a PSR is required for a process that involves a risk of ignition or explosion, such as a spray booth.

Section 63 is the applicable provisions of the Industrial Establishments Regulation that deal with a process that involves a risk of ignition or explosion that creates a condition of imminent hazard to a person’s health or safety.

If the spray booth has been manufactured to meet NFPA – 33 Spray Booth, an exemption from doing a PSR may be claimed. If the spray booth was not manufactured to this standard, it may be used by the engineer doing the PSR to demonstrate that the spray booth is in compliance with the applicable section of the Industrial Establishments Regulation (section 63).

The standards listed below cannot be used for exemption purposes but may be used by an engineer doing a PSR to determine compliance or measures to be taken to achieve compliance.

  • NFC Parts 4 and 5;
  • NFPA-30; NFPA-34; NFPA-68 and 69; NFPA-86; NFPA-497; NFPA-499;
  • NFPA-505; NFPA-820; ANSI/API 500; ANSI ASHRAE 15
  • Factory Mutual Systems Industrial Loss Prevention/Industrial Ventilation Manual (ACGIH)
  • CSA-B149.1-05 Natural gas and propane installation code
  • CSA B52-13 Mechanical Refrigeration Code
  • CSA B51-14 - Boiler, Pressure Vessel, and Pressure Piping Code

The other Ontario legislation listed below may need to be considered to meet compliance with other sections of Industrial Establishments Regulation (i.e. not section 7 - PSRs)

  • Fire Prevention and Protection Act, 1997 and the Ontario Fire Code (O. Reg. 213/07)
  • Ontario Building Code (O. Reg. 332/12) under the Building Code Act, 1992
  • Ontario Electrical Safety Code (O. Reg. 164/99) under the Electricity Act, 1998
  • Technical Standards and Safety Act, 2000

Other related sections of the Industrial Establishments Regulation that may affect design criteria include: section 121 (definition of hazardous room) and section 122 (requirements for a hazardous room).

What about the equipment that is installed inside the spray booth?

It should be noted that the spray booth exemption does not apply to equipment installed inside the spray booth (e.g. robots). A PSR may be required for such equipment, e.g. if the circumstances described in section 7 apply. For example, if a robot with a guarding mechanism were installed in a spray booth item 2 of the section 7 table would apply and a PSR would be required.

If no PSR is required due to the above exemption, the owner, lessee or employer must keep documentation supporting the exemption readily accessible [subsection 7(10)].

What documentation do I need to establish the exemption?

The following documents are acceptable in establishing such an exemption:

  1. A notice in writing from the manufacturer, or certification from an accredited organization, declaring that the spray booth is manufactured to current applicable standards, and
  2. A notice in writing from the installer stating that the spray booth is installed in accordance with the manufacturer’s instructions and current applicable standards.

In the section 7 table, item 4, under "Circumstances" it states, "A process involves a risk of ignition or explosion that creates a condition of imminent hazard to a person’s health or safety", then in the text of the regulation [subsection 7(8)] it refers to "spray booth". Does this mean that the regulation applies to spraying operations?

Yes, however it is not limited to spraying operations. It includes all processes that involve a risk of ignition or explosion creating a condition of imminent hazard to a person’s health or safety.

What is a flammable gas?

For the purpose of this section, "flammable gas" is a flammable gas as defined in Part 7, Subpart 2 (Flammable Gases) of the Hazardous Products Regulations made under the federal Hazardous Products Act as follows:

A "flammable gas" means a gas that has a flammable range when mixed with air at 20 degrees C and at the standard pressure of 101.3 kPa.

The Hazard Products Regulations classifies flammable gases into one of two categories:

Flammable Gases – Category 1

A gas that

  • a) is ignitable when mixed with air at a concentration less than or equal to 13.0% by volume; or
  • b) has a flammable range when mixed with air equal to or greater than 12 percentage points, regardless of the lower flammable limit.

Flammable Gases – Category 2

A gas that is not classified in the “Flammable Gases – Category 1” and has a flammable range when mixed with air.

Do we need a PSR for the installation of a self-contained powder coating system?

Yes, if the employer can’t demonstrate that the system was manufactured and installed in accordance with current applicable standards (NFPA 33 and Ontario Fire Code [OFC]).

Additional standards may be used providing that they have been reviewed by a P. Eng. to ensure that adherence to them would satisfy all the requirements of the regulation that are listed in the PSR table.

If piping, vessels, electrical and instrumentation are added to an existing process, would this be considered new or a modification to an existing process?

It may be, depending on the extent of the modifications. The process can be slightly modified by these changes or they may result in an entirely new process.

The change must be evaluated by the employer to determine if the process has been modified or changed.

Do process piping modifications involving hydrocarbons at pressures and temperatures greater than 103.4 kPa (15 psi) and 48.9°C (120°F) require a PSR (since in the event of a failure of a piping system, a condition of imminent hazard to a person's health would occur)?

A PSR would be required only if the process itself is being modified. It is the risk created by the process itself that is being reviewed during a PSR, not the risk resulting from equipment/piping failures. Equipment and piping systems handling hazardous materials must be designed to meet the appropriate standards and codes.

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Lifting devices - subsection 7(9)

When is a PSR required?

A PSR is required when the construction, addition, installation or modification relates to a lifting device, travelling crane or automobile hoist.

Are there any exemptions?

A PSR would not be required:

  • (a) in the case of a lifting device or travelling crane, if it is in or on a supporting structure originally designed for it and its capacity does not exceed the capacity provided for in that original design;
  • (b) in the case of an automobile hoist, if it is certified that it meets current applicable standards.

If no PSR is required due to the above exemption, the owner, lessee or employer must keep documentation supporting the exemption readily accessible in the workplace [subsection 7(10)].

The following documents are acceptable in establishing such an exemption:

  1. Design drawings or a report containing the design loading capacity of the original support structure for the lifting device or travelling crane. The design drawings or report must bear the signature and seal of a professional engineer,

    or
  2. Certification from an accredited organization declaring that the automobile hoist meets current applicable standards.

Lifting devices provisions and standards

The provisions and circumstances listed in the Section 7 Table of Industrial Establishments Regulation act as a trigger to determine when a PSR is required for a lifting device. Sections 51 and 53 are the applicable provisions of the Industrial Establishments Regulation that deal with lifting devices.

A PSR would not be required for an automobile hoist if it is certified that it meets ANSI – ALI ALCTV – 2011, Exemption, third party certification for automobile hoists. If the auto hoist was not manufactured to this standard, it may be used by the engineer doing the PSR to demonstrate that the auto hoist is in compliance with the applicable section of Industrial Establishments Regulation (section 51).

Related sections of Industrial Establishments Regulation that may affect design criteria include: section 52 (requirements for a lifting device used to support, raise or lower a worker) and section 54 (requirements for mobile equipment).

Does item 7 of the section 7 table refer to a forklift truck?

No.

Are the forks on a forklift related to the lifting device or are they considered part of the lifting device?

The forks of a forklift are considered to be part of the lifting device. In accordance with the Industrial Establishments Regulation, a 'lifting device' means a device that is used to raise or lower any material or object and includes its rails and other supports but does not include a device to which O. Reg. 20/01 (Elevating Devices), under the Technical Standards and Safety Act, 2000 applies.

In item 7 of the section 7 table, does the lifting device refer to lifting components below the hook?

Below the hook components are considered part of the lifting device.

Are monorails and jib cranes included in the category of lifting devices?

Yes.

When jib cranes (free standing or column mounted) are purchased from a manufacturer and installed by the owner, does this invoke a PSR?

Yes.

Does the purchase of a new monorail beam alone invoke a requirement for a PSR?

Yes, a PSR is required. However, if the supporting structure was originally designed for it and its capacity does not exceed the capacity provided for in that original design, a PSR would not be required [subsection 7(9)].

Does the purchase or in-house design and construction of a new piece of lifting equipment, such as a mechanical tong or motorized coil grab or something simple, such as a new wire rope sling, require a PSR?

If the capacity of the mechanical tong or motorized coil grab or new wire rope sling does not exceed the capacity of the supporting structure that was originally designed for this lifting device, a PSR is not required [section 7(9) applies]. However, the requirements of section 51 of the Industrial Establishments Regulation for certification by a competent person before first use would still apply.

The lifting device must be plainly marked with sufficient information so as to enable the operator of the device to determine the maximum rated load that the device is capable of lifting under any operating condition [clause 51(1)(c)].

Flammable liquids

When is a PSR required?

A PSR is required when flammable liquids are located or dispensed in a building, room or area.

Flammable liquids provisions and standards

Subsections 22 (1), (2) and (4) are the applicable provisions of the Industrial Establishments Regulation that deal with flammable liquids.

There are no "A," "B" or "C" standards that may be used for an exemption. However, there are standards and codes that are useful references; they are discussed below.

The following standards may be used by an engineer doing a PSR to determine compliance or measures to be taken to achieve compliance: NFC Part 4; NFPA-30; NFPA-68 and 69; NFPA-505; Factory Mutual Systems Industrial Loss Prevention.

The Ontario legislation listed below may need to be considered to meet compliance with other sections of Industrial Establishments Regulation (i.e. not specifically section 7 PSRs): Ontario Fire Code (OFC) Part 4; Technical Safety Standards Act, 2000; Ontario Electrical Safety Code (O. Reg. 164/99) under the Electricity Act, 1998.

Related sections of the Industrial Establishments Regulation that may affect design criteria include: section 121 (definition of hazardous room), section 122 (requirements for a hazardous room) and section 61 (requirements for refuelling gasoline engines on mobile or portable equipment).

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Dust collector for easily ignitable dust

When is a PSR required?

A PSR would be required when the use of a dust collector involves a risk of ignition or explosion that creates a condition of imminent hazard to a person’s health or safety.

Dust collector provisions and standards

Section 65 is the applicable provisions of the Industrial Establishments Regulation that deals with dust collectors.

There are a number of NFPA standards that relate to dust collectors that involve a risk of ignition or explosion that creates a condition of imminent hazard to a person’s health or safety. Some of these include:

  • NFPA 652 Standard on the Fundamentals of Combustible Dust
  • NFPA 654 Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids
  • NFPA 484 Standard For Combustible Metals
  • NFPA 68 Standard on Explosion Protection by Deflagration Venting
  • The Aluminum Association “Guidelines for Handling Aluminum Fines Generated During Various Aluminum Fabricating Operations” designated F-1

Section 64 (use of separators to prevent dust explosion) of the Industrial Establishments Regulation may affect design criteria.

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Molten metal in a foundry

Provisions and standards

A PSR would be required when a factory produces aluminum or steel, or is a foundry that melts material or handles molten material.

Applicable provisions of the Industrial Establishments Regulation that set out health and safety precautions when producing aluminum or steel are: sections 87.3, 87.4, 87.5, and 88; subsections 90(1), (2) and (3); and sections 91, 92, 94, 95, 96, 99, 101 and 102.

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Chemical processes

When is a PSR required?

A PSR is required when a process uses or produces a substance that may result in the exposure of a worker in excess of any occupational exposure limit set out in R.R.O. 1990, Regulation 833, O. Reg. 490/09, and O. Reg. 278/05 under the OHSA.

Sections 127 and 128 are the applicable provisions of the Industrial Establishments Regulation that deal with chemical processes.

There are no standards that can be used for an exemption from a PSR. However, Regulation 833 Control of Exposure to Biological or Chemical Agents or O. Reg. 490/09 Designated Substance Regulation may be used to support compliance.

The guides and references listed below may be used by an engineer doing a PSR to determine compliance or measures to be taken to achieve compliance:

  • NFC Part 3
  • Industrial Ventilation Manual, ACGIH
  • MOL-EDS-4-05 Chlorine
  • MOL-EDS-4-04 Ammonia

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