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Nova Scotia Legislation

Nova Scotia Lockout

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used for any other purpose.

The following is copyright © 2009, Province of Nova Scotia

Occupational Health and Safety Act
S.N.S. 1996, c. 7


Part 6 - Lock-out

Interpretation, application, control and energizing
51 (1) In this Part,
(a) "equipment" includes
(i) pipes for transporting a material, and
(ii) hydraulic or pneumatic lines;
(b) "lock-out device" means the device that secures the isolation of the energy source of a locked out machine, equipment, tool or electrical installation;
(c) "lock-out location" means the location of a lock-out device;
(d) "lock-out tag" means a tag that
(i) is installed at a lock-out location,
(ii) has words directing a person not to start or operate the machine, equipment, tool or electrical installation,
(iii) identifies the person who has performed a lock-out, and
(iv) does not readily conduct electricity; and
(e) "zero energy state" means a condition in which a machine, equipment, tool or electrical installation is rendered incapable of spontaneous or unexpected action or otherwise releasing kinetic or potential energy.
(2) This Part applies to a machine, equipment, tool or electrical installation that is erected, installed, assembled, started, operated, handled, stored, stopped, inspected, serviced, tested, cleaned, adjusted, maintained, repaired or dismantled .
(3) An employer shall ensure that, in addition to any normal start and stop control mechanism, a machine, equipment, tool or electrical installation has a means of isolating all sources of energy to the machine, equipment, tool or electrical installation that is
(a) accessible when needed by an employee; and
(b) readily identifiable.
(4) An employer shall ensure that where a person may be exposed to a hazard by the energizing of a machine, equipment, tool or electrical installation, or any part of it, a de- energized machine, equipment, tool or electrical installation, or any part of it, is energized
(a) only in accordance with an applicable written procedure established by the employer; and
(b) only after all persons are clear of the hazardous area and have been instructed to remain clear.
[Note: Section 51 effective November 1, 2000.]

Lock-out procedure
52 (1) Where 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, an employer shall ensure that
(a) the work is done in accordance with a written lock-out procedure established by the employer;
(b) no person works on the machine, equipment, tool or electrical installation until the machine, equipment, tool or electrical installation
(i) is put in and maintained at a zero energy state,
Subclause 52(1)(b)(i) amended: O.I.C. 2000-130, N.S. Reg. 52/2000.
(ii) is locked out, and
(iii) has a lock-out tag at each lock-out location; and
(c) a competent person verifies that the requirements of clauses (a) and (b) have been complied with and tests to determine that the machine, equipment, tool or electrical installation is in a zero energy state.
(1A) No employee shall perform work on a machine, equipment, tool or electrical installation in the circumstances described in subsection (1) unless the requirements of clause 52(1)(b) are met.
Subsection 52(1A) added: O.I.C. 2000-130, N.S. Reg. 52/2000.
(2) The written lock-out procedure referred to in subsection (1) shall include
(a) provision for complying with the requirements of subsection (1);
(b) the method of notifying a person in the work area of safe conditions for work after a lock- out has been completed;
(c) the method of determining that all persons near the locked out machine, equipment, tool or electrical installation are clear of the hazardous area and have been instructed to remain clear before the machine, equipment, tool or electrical installation, or any part of it, is energized; and
(d) the method of energizing the machine, equipment, tool or electrical installation.
[Note: Section 52 and amendments to it made by O.I.C. 2000-130, N.S. Reg. 52/2000 effective November 1, 2000.]
53 (1) No person other than the person who installed it shall remove a lock-out device or a lock-out tag on a machine, equipment, tool or electrical installation.
(2) Despite subsection (1), where reasonable attempts have been made to contact the person who locked out the machine, equipment, tool or electrical installation and that person is not available,
(a) in a serious emergency, a person who has determined that it is safe to energize the equipment may remove a lock-out device or a lock-out tag; or
(b) a competent person who
(i) is designated in the written lock-out procedure, and
(ii) has determined that it is safe to energize the equipment,
may remove a lock-out device or a lock-out tag.
[Note: Section 53 effective November 1, 2000.]
54 Despite subsection 51(4) or Section 52, where 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 requirements of subsection 51(4) or Section 52 are
(a) inappropriate for the work to be performed or inadequate for the protection of persons at the workplace; or
(b) not reasonably practicable where the electrical installation is used for the generation or transmission of electricity,
an employer may substitute for the requirements of those provisions 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 will ensure the safety of all person who
 

 

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