Is a fall protection system required while working in a guarded scissor lift?

[Carson Air]

#108777

Forum: Community

We are a federally regulated (COHS) employer working in BC and Alberta. We own guarded scissor (genie) lift which we use infrequently. Can you confirm if fall protection equipment is required when using the lift above 3 meters, if the unit is already equipped with guard railings?

If so, which of type of system is best? Fall restraint? Fall arrest?

Thank you for your assistance

[Glenn Demby]

#108808

Regrettably, I can’t confirm this, at least not under COHS Regs. While some jurisdictions write their OHS fall protections to cascade down, starting with guardrails or other fixed barriers, followed by fall protection systems where fixed barriers aren’t reasonably practicable, the COHS Regs. don’t take that approach. They basically say that a fall protection system is required where workers are exposed to risk of falling 3 meters or more, including from equipment (like a scissor lift).

The Regs. also provide for an exception in the case where an employee has to work from a vehicle and it’s “not feasible” for the employer to put a fall protection system in place, provided that the employer, in consultation with the JHSC or safety rep:

* Performs a job safety analysis (JSA) to eliminate or minimize the need for the employee to climb onto the vehicle or its load;

* Provides every employee who may be required to climb onto the vehicle or load with instruction and training by a qualified person on the safe method of climbing onto and working on it;

* Gives the government a written report explaining why the fall protection system isn’t feasible along with a copy of the JSA and description of the safety instruction and training required by the bullet above; and

* Gives a copy of the above report to the JHSC or safety rep; and

* Updates the JSA every 2 years.

I’ve pasted the relevant portions of the COHS Regs below. Hope this answers your question. If not, feel free to loop back with me either via this thread or glennd@bongarde.com. Glenn Demby, OHSI Editor in Chief

******
COHS REGS
Fall-protection Systems
12.07 (1) Subject to subsection (2), an employer must provide or put in place a fall-protection system if work is to be performed

(a) from a structure or on a vehicle at a height of 3 m or more;

(b) from a ladder at a height of 3 m or more if, because of the nature of the work, the person performing it is unable to use at least one hand to hold onto the ladder; or

(c) at a height of less than 3 m if the surface onto which the person might fall would present a greater risk of injury than a solid, flat surface.

(2) If an employee is required to work on a vehicle and it is not feasible to provide or put in place a fall-protection system, an employer must

(a) in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative,

(i) perform a job safety analysis to eliminate or minimize the need for the employee to climb onto the vehicle or its load, and

(ii) provide every employee who could be required to climb onto the vehicle or its load with instruction and training by a qualified person on the safe method of climbing onto it and working there;

(b) make a report in writing to the Head of Compliance and Enforcement setting out the reasons why it is not feasible to provide or put in place a fall-protection system and include in that report the job safety analysis and a description of the instruction and training referred to in paragraph (a); and

(c) provide a copy of the report referred to in paragraph (b) to the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

(3) The job safety analysis, instruction and training referred to in paragraph (2)(a) must be reviewed every two years in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

SOR/2019-243, s. 4SOR/2021-118, s. 6

[Glenn Demby]

#108813

Additional thought. Logically, you wouldn’t need a fall protection system if a worker in a scissor lift is protected from falling by a guardrail. Such protection would be required only when the worker is at actual risk of falling. But that’s not what the Reg. says. What it says is that the fall protection system is required where “work is to be performed” from equipment 3 meters or higher. I can only presume that this is deliberate. Still, it’s kind of a head scratcher. . . .

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