I think you might have accidentally dropped a line out of your Q (after “so ground personnel”) but I think I get what you’re asking. I don’t have access to the CSA standard but I know that this within-3-metres of a vehicle requirement isn’t expressly stated in the OHS Const. Project Regs. But if that’s the MOL’s interpretation, you need to take it seriously.Let me explain why.
It basically begins with Section 25(2)(h) of the OHS Act which says that employers must “take every precaution reasonable in the circumstances for the protection of a worker.” Most OHS prosecutions in Ontario are based on this “every precaution reasonable” language, which is fleshed out by not only the specific requirements of the OHS Regs. but also the MOL’s interpretations of those Regs. To the extent the within-3-metres rule is such an MOL interpretation, inspectors, investigators, prosecutors and judges will give it a lot of weight. So not following the interp. could expose you to risk of liability under Sec. 25(2)(h).
This concept is the same in all parts of the country. It’s especially pronounced in Ontario, though, given the relative lack of detail in the OHS Regs–especially for Industrial Establishments.
The one thing I’d suggest is that you actually CONFIRM that this is the MOL’s position since you have it now only by hearsay. “I have always been told”. . . Maybe that’s not the case. You should directly ask somebody at MOL for clarification, one way or the other. And if this IS the official position, you need to comply or have very compelling justification not to. Hope that helps. Glenn