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Nova Scotia Legislation

 

Nova Scotia Manual Materials Handling

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

 

Duties of parties

4 (1) Where these regulations impose a duty on an employer, the duty is also imposed on a contractor, constructor, supplier, employee, owner or self-employed person, to the extent of the contractor's, constructor's, supplier's, employee's, owner's or self-employed person's authority and ability to discharge the duty in the circumstances.

(2) For the purpose of applying Section 23 of the Act,

(a) the person with the greatest authority and ability to ensure that a duty is discharged or a requirement is met is presumed to be the person with the greatest degree of control over the matter that is the subject of the duty or the requirement; and

(b) where a provision in a lease or other agreement relating to property rights gives a specified owner authority to control an aspect of lands or premises that are used as a workplace, the provision is prima facie evidence that the specified owner has the greatest degree of control over that aspect of the land or premises.

 

 

Part 5 - Handling and Storage of Material

 

General handling of objects and material

26 Where the lifting or moving of a thing or person may be a hazard to the health or safety of a person at the workplace, an employer shall ensure that

(a) adequate and appropriate equipment for the lifting and moving is provided; and

(b) training and instruction as to the appropriate method of performing the lifting and moving is provided in accordance with the equipment manufacturer's instructions, or, where there are no equipment manufacturer's instructions, in accordance with adequate work methods and lifting and moving techniques.

Clause 26(b) amended: O.I.C. 2000-130, N.S. Reg. 52/2000.

Section 26 amended: O.I.C. 2000-130, N.S. Reg. 52/2000.

27 (1) An employer shall ensure that where rubbish or debris is moved, it is carried in suitable containers, or moved by means of chutes or other safe methods that provide an equivalent degree of protection.

(2) An employer shall ensure that a chute or other safe method that provides an equivalent degree of protection is used where rubbish or debris is lowered more than 6 m vertically.

Subsection 27(2) replaced: O.I.C. 2000-130, N.S. Reg. 52/2000.

(3) Subsections (1) and (2) do not apply during demolitions if

(a) a heavy weight suspended by a cable from a crane or other hoist; or

(b) a power shovel, bulldozer or other powered mobile equipment,

is used to conduct the demolition.

Subsection 27(3) added: O.I.C. 2000-130, N.S. Reg. 52/2000.

28 An employer shall ensure that a chute

(a) is well constructed and rigidly fastened;

(b) if at more than 45° to the horizontal, is enclosed on all sides; and (c) has an adequate gate on every loading entrance and at the bottom.

Clause 28(c) amended: O.I.C. 2000-130, N.S. Reg. 52/2000.

29 An employer shall ensure that the entrance to a chute

(a) has a 100 mm by 100 mm or larger curb or cleat, where the entrance is at or below the floor level;

(b) is not more than 1.2 m above the floor; and

(c) is kept closed when not in use.

The Workers Compensation Board produces a guidance pamphlet as follows: http://www.wcb.ns.ca/app/DocRepository/5/News/Sprains_and_Strains_Preven... pdf

 

 

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