Rules on safety vests

Every provincial workplace is covered under the general duty clause 25(2) (h) of the Occupational Health and Safety Act, therefore the employer must take every precaution reasonable in the circumstances for the protection of any worker.

The reasonable precautions are those found in the Construction Regulations or the Ontario Traffic Manual for Temporary Conditions published by MTO, as appropriate in the circumstances. The adequacy of the suggested MTO layouts, or other measures implemented by employers for traffic control should be assessed on a case-by-case basis.

Employers are responsible for assessing the hazards from vehicular traffic in all circumstances and implementing traffic control measures to protect workers. Non-construction activities are typically short duration (police ride checks, fire/ambulance response, road maintenance, towing, etc.). Generic traffic control plans may be reasonable in predictable situations

Industrial regulations 851/90 under Section 56

Where the operator of a vehicle, mobile equipment, crane or similar material handling equipment does not have a full view of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment or its load, the vehicle, mobile equipment, crane or similar material handling equipment shall only be operated as directed by a signaler who is a competent person and stationed:

(a) in full view of the operator

(b) with a full view of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment and its load

(c) clear of the intended path of travel of the vehicle, mobile equipment, crane or similar material handling equipment and its load.

Industrial regulations 851/90 under Section 79

A worker required to wear or use any protective clothing, equipment or device shall be instructed and trained in its care and use before wearing the protective clothing, equipment or device.

Construction Regulations 213/91

69.1 (1) A worker who may be endangered by vehicular traffic shall wear a garment that covers at least his or her upper body and has the following features:

1. The garment shall be fluorescent blaze or international orange in colour.

2. On the front and the back, there shall be two yellow stripes that are 5 centimetres wide. The yellow area shall total at least 500 square centimetres on the front and at least 570 square centimetres on the back.

3. On the front, the stripes shall be arranged vertically and centred and shall be approximately 225 millimetres apart, measured from the centre of each stripe. On the back, they shall be arranged in a diagonal "X" pattern.

4. The stripes shall be retro-reflective and fluorescent. If the garment is a vest, it shall have adjustable fit. A nylon vest to which this section applies shall also have a side and front tear-away feature. In addition, a worker who may be endangered by vehicular traffic during night-time hours shall wear retro-reflective silver stripes encircling each arm and leg, or equivalent side visibility-enhancing stripes with a minimum area of 50 square centimetres per side.

For more information, go to www.csao.org/images/pfiles/254_M019.pdf.