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PEI Legislation

Prince Edward Island Aerial Lift

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 material is © Government of Prince Edward Island

Cap. O-1.01 Occupational Health and Safety Act


33.1 In this Part “powered mobile equipment†means self-propelled
machinery designed to carry, push, pull, dig, compact, lift, stack, tier or
move materials or to provide a work platform for employees and
includes trucks. (EC180/87)

33.2 The employer shall ensure that operators of powered mobile
equipment are provided with protection against falling, flying or
intruding objects by means of adequate cabs, screens, shields, grills,
deflectors or guards. (EC180/87)

33.3 The employer shall ensure that the equipment listed as follows and
manufactured after January 1, 1974, is equipped with Rollover Protective
Structures (ROPS) meeting the minimum safety requirements of the CSA
Standard B352-M respecting Rollover Protective Structures for
Agricultural, Construction, Earthmoving, Forestry and Industrial
Machines including:
(a) crawler tractors, loaders, tree harvesters, skidders and
(b) wheeled dozers, loaders, skidders and forwarders;
(c) motor graders, tandem rollers and compactors;
(d) self-propelled wheeled scrapers;
(e) agricultural and industrial tractors; and
(f) off-highway equipment or any other equipment designated by the
Director as requiring ROPS. (EC180/87)

33.4 Equipment manufactured before January 1, 1974, equipped to meet
the requirements of section 33.3 may continue to be used. (EC180/87)
powered mobile
equipment, defined
Screens, etc.
Rollover protection

Pre-1974 equipment

33.5 Equipment manufactured before January 1, 1974, which does not
meet the requirements of section 33.3 may continue to be used except in
circumstances where rollover hazards are likely to exist. (EC180/87)

33.6 The employer shall ensure that the following information is
permanently marked on ROPS equipment:
(a) name and address of the manufacturer or the professional
engineer who certified the ROPS;
(b) machine make and model number or other effective means of
identifying the machine for which the ROPS was designed; and
(c) serial number or other effective means of identifying the ROPS.

33.7 The employer shall ensure that all modifications or repairs to
existing ROPS meet the requirements of this Part and are certified by the
modification design agency, the installing agency or a professional
engineer and the certification information is made available to an officer
on request. (EC180/87)

33.8 (1) The employer shall ensure that powered mobile equipment
which has been fitted with ROPS is provided with
(a) seat belts for the operator and passengers which comply with or
exceed whichever of the following recommended practices of the
Society of Automotive Engineers are appropriate:
J386C Seat Belts for Construction Machines;
J117C Dynamic Test Procedure - Type 1 and Type 2 Seat Belt
J800C Motor Vehicle Seat Belt Assembly Installations; or
(b) where the work process renders the wearing of seat belts
impracticable, shoulder belts, bars, gates, screen or other restraining
devices designed to prevent the operator and passengers from being
thrown outside the rollover protective structures.
(2) The operator of and passengers on powered mobile equipment shall
use the seat belts and restraining devices provided while the equipment is in motion. (EC180/87)

33.9 Where a hazard exists from falling objects, the employer shall
ensure that powered mobile equipment is equipped with Falling Objects
Protective Structures (FOPS) or overhead protection that meets the
minimum requirements of the Recommended Practices of the Society of
Automotive Engineers, or the Standards of the American Society of
Agricultural Engineers (ASEA), or any other equivalent approved
standard. (EC180/87)
Restraint equipment

33.10 The employer shall ensure that welding on ROPS and FOPS is
carried out by a welder certified under the Boilers and Pressure Vessels
Act R.S.P.E.I. 1988, Cap. B-5. (EC180/87)

33.11 (1) The Director may approve alternative proposals designed to
provide protection equivalent to ROPS or FOPS when the requirement of
ROPS or FOPS is not practical.
(2) The approval granted by the Director under subsection (1) shall be
granted in writing for specific circumstances of a specific workplace and
for a specific period of time. (EC180/87)

33.12 The employer shall ensure that powered mobile equipment
(a) is used only for the purposes for which it is designed and
(b) has a fully operative adequate braking system;
(c) has a manually operated audible warning device;
(d) has an adequate rear view mirror or other means of ensuring that
the equipment can be safely backed up;
(e) has an audible automatic back-up alarm;
(f) has adequate headlights and backing lights when used after dark
or in dimly lit areas;
(g) has gears and moving parts adequately guarded;
(h) has controls which cannot be operated from the outside of the
cab unless the controls are designed to be operated from outside the
(i) has loads adequately secured. (EC180/87)

33.13 The employer shall ensure that powered mobile equipment is
operated only by competent persons. (EC180/87)

33.14 The employer shall designate an employee to give signals to an
operator who is operating equipment when his vision is obstructed and
the operator shall use the equipment only on mutually agreed signals
between the operator and designated employee. (EC180/87)

33.15 When work is carried out in areas where dust may create a hazard
to employees, the employer shall take adequate measures to keep the dust at a minimum level. (EC180/87)


33.16 The operators of powered mobile equipment shall
(a) ensure that passengers do not ride on any part of the equipment
not designed to carry passengers;
(b) not set equipment in motion until all air and hydraulic pressures
are fully built up to the specified operating pressures;
(c) when leaving equipment unattended,
(i) park it on level ground,
Approval of alternatives
Equipment requirements
Operator competence
Responsibilities of Operators

(ii) set the brake,
(iii) lower the blades and bucket or safely block them,
(iv) disengage the master clutch,
(v) stop the engine, and
(vi) remove the key;
(d) follow a safe refuelling procedure;
(e) not store containers of gasoline, diesel oil or other substances
which may constitute a hazard in the cab;
(f) not carry on or in the equipment, loose articles or equipment
which might create a hazard. (EC180/87)

33.17 The operator of powered mobile equipment shall keep the
equipment in gear when going downhill. (EC180/87)

33.18 The employer shall ensure that powered mobile equipment
(a) is maintained in safe working condition;
(b) has defective parts repaired or replaced before being set in
(c) has air and hydraulic lines, hoses and components maintained in
safe operating condition;
(d) has wire ropes, drums and sheaves inspected daily;
(e) is lubricated only when the machine is at rest or as the
manufacturer has expressly directed;
(f) when tires are being installed on lock ring type rims, has an
approved restraining device for the ring;
(g) has safe and easy access to the operator’s station by means of a
ladder or steps and handrail. (EC180/87)
33.19 (1) The employer shall ensure that equipment which is raised from
the ground by means of jacks or hoists is adequately blocked.
(2) Mats or heavy planking shall be used to distribute the load on soft
ground. (EC180/87)
33.20 The employer shall ensure that persons do not work under or go
under the raised parts of any equipment unless the parts are adequately
blocked and the employee shall not work under or go under such raised
parts unless the parts are adequately blocked. (EC180/87)

33.21 The employer shall ensure that when repair or maintenance work
is carried out at the point of articulation on front end loaders or similar
equipment, lock bars are used to prevent movement of either end of the
loader. (EC180/87)

33.22 The employer shall ensure that where any equipment is to be used
on a slope or bank which could give way, that adequate precautions are
Use of gears
Responsibilities of
Lock bars
Load distribution

taken to stabilize the bank and distribute the load of the equipment.

33.23 (1) The employer shall ensure that a truck used for transportation
of employees has seats and is enclosed on all sides.
(2) No person shall get on or off trucks which are in motion or be
permitted to get on or off trucks which are in motion. (EC180/87)

33.24 Employees shall not be permitted to remain in or on the cab of
equipment while it is being loaded by a crane or power shovel.

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