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MINISTERIAL ORDER

No. 2018-12

LABOUR

Office of the Minister

 

 

 

Pursuant to section 86 of the Occupational Health and Safety Act, I, Christina Gray, Minister of Labour, hereby make the Occupational Health and Safety Code (Farm and Ranch) Amendment Regulation in the attached Appendix, effective December 1, 2018.

 

DATED at Edmonton, Alberta this 27 day of June, 2018.

 

 

 

 

 

 


Christina Gray

Minister of Labour

 


 

APPENDIX

Occupational Health and Safety Act

OCCUPATIONAL HEALTH AND SAFETY CODE
(FARM AND RANCH) AMENDMENT REGULATION

1   The Occupational Health and Safety Code (AR 87/2009) is amended by this Regulation.

 

2   Section 1.1 is repealed and the following is substituted:

Farming and ranching operations

1.1   In this Code, “farming and ranching operation” includes

                                 (a)    the production of crops, including fruits and vegetables, through the cultivation of land,

                                 (b)    the raising and maintenance of animals or birds, or

                                 (c)    the keeping of bees,

but does not include

                                 (d)    the processing of food or other products from the operations referred to in clauses (a) through (c),

                                 (e)    the operation of a greenhouse, mushroom farm, nursery or sod farm,

                                 (f)    landscaping, or

                                 (g)    the raising or boarding of pets.

 

3   The following is added after section 12:

Following specifications on a farm or ranch

12.1   In the case of a farming and ranching operation, a person who is competent or a service provider who is competent in relation to the specifications may provide written specifications for the purposes of section 12(b), (c) and (d), and that person is not required to certify those specifications.

 

4   The following is added after section 13(2):

13(3)  In the case of a farming and ranching operation, a person who is competent or a service provider who is competent in relation to the specifications may, instead of providing the certification required by subsections (1), (2)(a) and (2)(b),

                                 (a)    provide written modified specifications for the purposes of subsection (1),

                                 (b)    provide written procedures for the purposes of subsection (2)(a), and

                                 (c)    state in writing that equipment is safe to operate for the purposes of subsection (2)(b).

 

5   The following is added after section 62(1):

62(1.1)  If it is not practicable for a farming and ranching operation employer to comply with subsection (1)

                                 (a)    the employer must ensure that the manufacturer’s rated load capacity of the lifting device is readily available at the work site, and

                                 (b)    workers must be trained to understand the significance of the rated load capacity in the safe operation of the equipment.

 

6   The following is added after section 121(2):

121(3)  In the case of a farming and ranching operation, the employer may perform a hazard assessment, as set out in Part 2, instead of complying with subsection (1)(b) and (d).

 

7   The following is added after section 122(3):

122(4)  In the case of a farming and ranching operation, the employer may perform a hazard assessment, as set out in Part 2, instead of complying with subsection (1), (2) or (3).

 

8   The following is added after section 123(3):

123(4)  In the case of a farming and ranching operation, the employer may perform a hazard assessment, as set out in Part 2, instead of complying with subsection (1), (2) or (3).

 

9   The following is added after section 130(6):

130(7)  In the case of a farming and ranching operation, subsections (1) through (6) must be complied with unless a person who is competent or a service provider who is competent provides safe work procedures for workers using fixed ladders.

 

10   The following is added after section 159(1):

159(1.1)  Subsection (1)(b) does not apply to a farming and ranching operation employer.

 

11   The following is added after section 217(2):

217(3)  In the case of a farming and ranching operation, subsection (1) does not apply to alterations, renovations or repairs begun or work processes or equipment introduced before December 1, 2018.

 

12   The following is added after section 256(3):

256(4)  Despite subsection (3)(d) and (e), in the case of a farming and ranching operation, the operator of powered mobile equipment must

                                 (a)    use the seat belts and other safety equipment, and

                                 (b)    ensure that passengers use the seat belts and other safety equipment,

in the powered mobile equipment only if it is reasonably practicable to do so.

 

13   The following is added after section 257:

Visual inspection on a farm or ranch

257.1   In the case of a farming and ranching operation, section 257 does not apply unless there is a hazard identified that requires a visual inspection to be performed as a hazard control.

 

14   The following is added after section 260(5):

260(6)  Subsection (2) does not apply to a farming and ranching operation.

 

15   The following is added after section 270(3):

270(4)  This section does not apply to a farming and ranching operation.

Rollover protective structures on farm or ranch

270.1(1)  In the case of a farming and ranching operation, the employer must perform a hazard assessment relating to the potential for the following types of powered mobile equipment weighing 700 kilograms or more to roll over while they are being operated:

                                 (a)    tracked (crawler) or wheeled bulldozers, loaders, tractors or skidders, other than those operating with side booms;

                                 (b)    back hoes with a limited horizontal swing of 180 degrees;

                                 (c)    motor graders;

                                 (d)    self-propelled wheeled scrapers;

                                 (e)    industrial, agricultural and horticultural tractors, including ride-on lawnmowers, and

                                 (f)    wheeled trenchers.

270.1(2)  A hazard assessment performed under subsection (1) must be based on the relevant circumstances of the proposed operation, including

                                 (a)    the stability of the powered mobile equipment, taking into account such factors as the configuration of the equipment and any attachments mounted on or pulled or pushed by the equipment during operation,

                                 (b)    the ground conditions where the powered mobile equipment will be operated, including the presence of ditches, drop-offs, and ground irregularities such as holes, soft spots or mounds,

                                 (c)    the grades on which the powered mobile equipment will be operated,

                                 (d)    the nature of the activities to be performed with the powered mobile equipment,

                                 (e)    the training and experience of the operator, and

                                 (f)    the presence or absence of a supervisor.

270.1(3)  If a hazard assessment under subsections (1) and (2) identifies rollover as a potential hazard, the employer must

                                 (a)    equip the powered mobile equipment with a rollover protective structure

                                           (i)    that is supplied by the manufacturer, or

                                          (ii)    that a service provider or a person who is competent has stated in writing will provide adequate protection to workers,

                                     or

                                 (b)    institute safe work procedures to eliminate the possibility of rollover.

 

16   The following is added after section 276:

Transportation on mobile equipment on a farm or ranch

276.1(1)  On a farming and ranching operation, a worker may be transported on mobile equipment not designed for the transportation of workers if

                                 (a)    the worker is safely positioned,

                                 (b)    the mobile equipment is operated at a speed of no more than 10 km/h, and

                                 (c)    the terrain is suitable to enable the worker to be safely transported.

276.1(2)  Despite subsection (1), a worker must not be transported on

                                 (a)    a tongue or drawbar connecting mobile equipment together, or

                                 (b)    a fork or other mobile equipment implements that pose a risk of injury to the worker.

 

17   The following is added after section 278(1):

278(1.1)  Despite subsection (1), on a farming or ranching operation, the operator is only required to ensure that a conductive tank truck is bonded if the truck is being used to transfer flammable, combustible or explosive materials directly to powered mobile equipment.

278(1.2)  For greater certainty, on a farming and ranching operation, the operator must ensure that a conductive tank truck containing flammable, combustible or explosive materials is bonded when used to transfer flammable, combustible or explosive materials to a stationary storage container that is grounded.

 

18   The following is added after section 326(7):

326(8)  In the case of a farming and ranching operation, an employer may perform a hazard assessment, as set out in Part 2, instead of complying with subsections (1) through (7).

 

19   The following is added after section 357(5):

357(6)  A farming and ranching operation employer is exempt from subsections (1) to (5).

357(7)  Despite subsection (6), a farming and ranching operation employer must provide workers with

                                 (a)    sanitary and hygiene supplies, and

                                 (b)    access to a toilet if one is available at a work site.

 

20   The following is added after section 364:

Moving workers on a farm or ranch

364.1   Despite section 364, in the case of a farming and ranching operation, if it is not reasonably practicable to use another machine or equipment that is designed for the purpose, workers may be raised or lowered in loader buckets if

                                 (a)    a hazard assessment has been completed,

                                 (b)    fall protection is provided if the worker is being raised over 3 metres,

                                 (c)    the bucket is secured against unintended movement, and

                                 (d)    the machinery or equipment to which the bucket is attached remains stationary on the ground.

 

21   The following is added after section 527:

Recapping needles at a farm or ranch

527.1   Despite section 527, in the case of a farming and ranching operation, a person may recap needles that are designed by the manufacturer to be recapped.