KNOW THE LAWS: Troubleshooting exceptions to lockout requirements under the OHS laws

KNOW THE LAWS OF YOUR PROVINCE

For further reading, see primary source: MACHINERY & EQUIPMENT: 5 Key Elements of a Troubleshooting Policy

FED Canada OHS Regs.:1. When it’s necessary to remove a machine guard to perform repair or maintenance work and it isn’t reasonably practicable to lock out the machine to perform such work, the work may be performed if:

a. the person performing the work follows written instructions provided by the employer that’ll ensure that any hazard to that person isn’t significantly greater than it would be if the machine had been locked out; and

b. the person performing the work:

i. obtains a written authorization from the employer each time the work is performed; and

ii. performs the work under the direct supervision of a qualified person [Sec. 13.16(2)].

2. A copy of the instructions referred to above must be kept readily available by the employer for the information of persons who perform repair and maintenance work on its machines [Sec. 13.17].

AB OHS Code 2009:An employer must develop and implement procedures and controls that ensure the machinery, equipment or powered mobile equipment is serviced, repaired, tested, adjusted or inspected safely if:

a. the manufacturer’s specifications require the machinery, equipment or powered mobile equipment to remain operative while it’s being serviced, repaired, tested, adjusted or inspected; or

b. there are no manufacturer’s specifications and it’s not reasonably practicable to stop or render the machinery, equipment or powered mobile equipment inoperative [Sec. 212(2)].

BC OHS Reg.:If it’s not practicable to shut down machinery or equipment for maintenance, only the parts that are vital to the process may remain energized and the work must be performed by workers who:

a. are qualified to do the work,

b. have been authorized by the employer to do the work; and

c. have been provided with and follow written safe work procedures [Sec. 10.12].

MB Workplace Health and Safety Reg.:1. An employer must develop and implement safe work procedures for the service, repair, testing, cleaning, maintenance or adjustment of a machine when:

a. the manufacturer’s specifications require the machine to remain operative when it is serviced, repaired, tested, cleaned, maintained or adjusted; or

b. there are no manufacturer’s specifications and it’s not reasonably practicable to lockout the machinery when it’s serviced, repaired, tested, cleaned, maintained or adjusted [Sec. 16.14(3)].

2. When it’s not reasonably practicable to lockout the machinery when it’s serviced, repaired, tested, cleaned, maintained or adjusted, an employer must ensure that the safe work procedures developed above offer protection to a worker that’s equal to or greater than the protection provided by a lockout procedure [Sec. 16.14(4)].

NB OHS Regs.:Where the lock out procedure referred to in Sec. 239 is inappropriate for the cleaning, maintenance, adjustments or repairs to be performed, an employer must:

a. establish a code of practice in consultation with the JHSC or health and safety representative, if any, specifying personnel responsibilities, personnel training and details of procedure for the neutralization, clearance, release and start up of the machine; and

b. comply with and enforce the code of practice [Sec. 240].

NL OHS Regs. 2012:Where it’s not practicable to shut down machinery or equipment for maintenance, only the parts that are vital to the process may remain energized and the work must be performed by a qualified worker who has been authorized by the employer to do the work and provided with and follows written safe work procedures [Sec. 137].
NT/NU General Safety Regs.:Where circumstances render the application of lock out procedures impracticable, alternative proposals designed to provide equivalent protection to workers must be submitted to the Chief Safety Officer for consideration and approval [Sec. 149(2)].
NS Occupational Safety General Regs.:When work is performed on a machine, equipment, tool or electrical installation, and the work is hazardous to a person in the workplace if the machine, equipment, tool or electrical installation is or becomes energized and the lockout requirements are inappropriate for the work to be performed, an employer may substitute for those requirements an alternative adequate written procedure that specifies personnel responsibilities, training and equipment requirements and the details for carrying out the work in a manner that’ll ensure the safety of all person who may be exposed to a hazard arising from the work [Sec. 54].
ON Industrial Establishments Reg. doesn’t include troubleshooting exceptions to the lockout requirements.
PE OHS General Regs.:The employer must ensure that machinery isn’t lubricated, cleaned, serviced or repaired while in motion unless a means is available which doesn’t expose the worker to risk of injury [Sec. 30.6(4)].
QC Regulation respecting Occupational Health and Safety:When a worker must access a machine’s danger zone for adjustment, unjamming, maintenance, apprenticeship or repair purposes, including for detecting abnormal operations, and to do so, he must move or remove a protector or neutralize a protective device, the machine must only be restarted by means of a manual control or in compliance with a safety procedure specifically provided for allowing such access. This manual control or procedure must have the following characteristics:

a. it causes any other control mode or any other procedure, as the case may be, to become inoperative;

b. it only allows the operation of the dangerous parts of the machine by a control device requiring continuous action or a two-hand control device;c. it only allows the operation of these dangerous parts under enhanced security conditions, for instance, at low speed, under reduced tension, step-by-step or by separate steps [Sec. 186].

SK OHS Regs.:When machinery, a part of the machinery or materials on it require cleaning,lubrication or adjustment while all or any part of a machine or other piece of equipment is in motion or under power, an employer or contractor must:

a. develop and implement written work practices and procedures that ensure that the cleaning, lubrication or adjustment is carried out in a safe manner;

b. ensure that workers who are required to perform the cleaning, lubrication or adjustment are trained in these written work practices and procedures; and

c. ensure that a copy of these written work practices and procedures is readily available for reference by workers [Sec. 140(2)].

YT OHS Regs. don’t include troubleshooting exceptions to the lockout requirements.