Understanding Federal and Provincial Regulations on Scaffold Use in Canada
At Arclight Tool + Supply Co., safety is our top priority. To ensure the highest safety standards, it's essential to understand the regulations surrounding the erection, inspection, dismantling, and use of scaffolding in Canada. Compliance with these laws not only protects workers but also ensures that projects run smoothly without costly delays or penalties.
Federal Regulations
1. Occupational Health and Safety (OHS) Regulations
The Canada Occupational Health and Safety Regulations (COHSR) provide a framework for the safe use of scaffolding on federally regulated work sites, such as government buildings, airports, and interprovincial transport projects. These regulations cover the safe design, construction, use, and maintenance of scaffolding systems.
Key Points:
- Training and Competency: All workers involved in the erection, inspection, or dismantling of scaffolding must be properly trained and competent in their tasks.
- Inspection Requirements: Scaffolding must be inspected by a qualified person before each work shift and after any event that could affect its structural integrity (e.g., severe weather conditions).
- Load Capacity: Scaffolds must be capable of supporting at least four times the maximum intended load without failure.
Fines and Penalties: Non-compliance with the COHSR can result in substantial fines and penalties. Federally regulated employers may face fines of up to $1 million per violation, and individuals can face fines up to $100,000 or imprisonment for up to 12 months.
Provincial Regulations
Each province in Canada has its own set of regulations that may be more stringent than federal requirements. Below, we highlight key regulations and penalties in Ontario, Alberta, and British Columbia.
1. Ontario (Occupational Health and Safety Act and Regulations)
In Ontario, the Occupational Health and Safety Act (OHSA) and its associated regulations, such as the Construction Projects Regulation (O. Reg. 213/91), govern scaffolding.
Key Points:
- Design Requirements: Scaffolds over 50 feet (15 meters) in height must be designed by a professional engineer and constructed according to the engineer’s specifications.
- Fall Protection: Workers on scaffolds 10 feet (3 meters) or higher must use fall protection systems, including guardrails or personal fall arrest systems.
- Inspection and Maintenance: Scaffolding must be inspected daily by a competent person, and any defects or issues must be rectified immediately.
Fines and Penalties: Ontario imposes fines of up to $1.5 million for corporations and up to $500,000 for individuals, along with potential imprisonment for up to 12 months for serious violations of the OHSA.
2. Alberta (Occupational Health and Safety Code)
Alberta’s Occupational Health and Safety Code outlines specific requirements for scaffolding in the province.
Key Points:
- Engineer Involvement: Scaffolds over 30 feet (9 meters) in height, or those supporting loads beyond the standard capacity, require design and oversight by a professional engineer.
- Competent Supervision: The erection, alteration, and dismantling of scaffolding must be supervised by a competent person to ensure compliance with safety regulations.
- Weather Considerations: Scaffolds must be regularly inspected and, if necessary, dismantled or reinforced in the event of severe weather conditions.
Fines and Penalties: In Alberta, fines for non-compliance can reach up to $500,000 for a first offense, with additional penalties for repeat offenses. Individuals may also face imprisonment for up to six months.
3. British Columbia (Workers Compensation Act and Occupational Health and Safety Regulation)
In British Columbia, the Workers Compensation Act and its accompanying Occupational Health and Safety Regulation provide a comprehensive framework for scaffolding safety.
Key Points:
- Engineer Design: Scaffolds that exceed 125 feet (38 meters) in height or have a complex design require an engineer’s approval and oversight.
- Inspection Frequency: Scaffolding must be inspected daily and after any event that could impact its safety, such as high winds or an earthquake.
- Fall Protection: Similar to other provinces, any scaffold over 10 feet (3 meters) requires adequate fall protection measures.
Fines and Penalties: British Columbia’s WorkSafeBC can impose fines of up to $641,500 per violation for corporations, with additional penalties possible depending on the severity of the offense. Individuals may face fines up to $31,250 or imprisonment for up to six months.
Penalties in Other Provinces and Territories
While the specific penalties vary, each province and territory in Canada imposes significant fines and penalties for non-compliance with scaffold regulations:
- Quebec: Fines can range from $15,000 to $300,000 for employers, with individuals facing up to $75,000 in fines or imprisonment.
- Manitoba: Employers may be fined up to $250,000 per offense, with individuals facing up to $50,000 in fines or imprisonment.
- Saskatchewan: Fines for corporations can reach $1.5 million, with additional fines or imprisonment for repeat offenses.
- Nova Scotia: Fines can be up to $500,000 for employers and $25,000 for individuals, with imprisonment also a possibility.
- New Brunswick: Employers may face fines up to $250,000, with individuals facing up to $25,000 or imprisonment.
- Prince Edward Island: Penalties can reach $250,000 for corporations, with individuals facing fines up to $50,000 or imprisonment.
- Newfoundland and Labrador: Fines can be up to $250,000 for employers, with individuals facing fines up to $50,000 or imprisonment.
- Northwest Territories, Nunavut, and Yukon: Fines can reach up to $500,000 for corporations and $25,000 for individuals, with imprisonment as an additional penalty.
When Is an Engineer Required?
Across Canada, the involvement of a professional engineer is mandatory when scaffolding exceeds specific height thresholds or when it presents unusual risks due to its design or loading conditions. The general guidelines are as follows:
- Ontario: Scaffolds over 50 feet (15 meters) in height.
- Alberta: Scaffolds over 30 feet (9 meters) in height.
- British Columbia: Scaffolds over 125 feet (38 meters) in height.
In addition to height, engineers are required to design and oversee scaffolding that is complex, heavily loaded, or otherwise presents a significant risk. This ensures that the structure is safe, stable, and capable of supporting the intended loads.
Conclusion
Understanding and adhering to the federal and provincial regulations for scaffolding is crucial for maintaining safety on construction sites. At Arclight Tool + Supply Co., we are committed to providing you with high-quality scaffolding solutions that comply with all regulatory requirements. Whether you're erecting, inspecting, or dismantling scaffolding, our products and expertise will help you get the job done safely and efficiently.
Disclaimer: The information provided in this document is intended for general informational purposes only. Regulations and penalties can vary significantly by province or territory, and it is crucial that you consult the specific rules and regulations applicable to your worksite. Always read and understand the scaffolding regulations in the Province or Territory where you are working to ensure full compliance with safety standards.
For more information on our scaffolding products or to consult with our experts, please contact Arclight Tool + Supply Co. today. Your safety is our priority.