S-2.1, r. 4 - Safety Code for the construction industry

Section 5.2.2 Disposition versions

2021-04-22

5.2.2. The employer who wishes to carry out work liable to bring any part, load, scaffolding, machine component or person closer to a power line than the minimum approach distance specified in section 5.2.1 may proceed with such work provided that

(a)  that power line has been turned off. The employer shall ensure that no one runs any risk of being electrocuted before turning the power on again;

(b)  the employer has come to an agreement with the electrical power company as to safety measures to be adopted. Before the work begins, the employer shall transmit a copy of such agreement as well as the work plan to the Commission. Such measures shall be carried out before the work begins and shall be maintained throughout the course of the work; or

(c)  the employer uses extensible construction equipment, such as a backhoe, a power shovel, a crane or a dump truck, and complies with the following conditions:

i.  the extensible construction equipment is equipped with a device having a first function of warning the operator or stopping the equipment from operating so that the minimum approach distance specified in section 5.2.1 is respected, and a second function of stopping the equipment from operating should the device fail to perform its first function. A written declaration signed by an engineer, certifying that the extensible equipment performs those functions and that it neither damages the equipment nor renders it unstable when it stops the equipment from operating, shall be obtained by the employer. If the device fails to operate partially or completely, or is inoperative, the employer shall cease to use the extensible construction equipment and shall obtain a new written declaration signed by an engineer before re-using the equipment;

ii.  the operator of the extensible construction equipment equipped with the device referred to in subparagraph i must have received the manufacturer’s training on the proper use of the device.

R.R.Q., 1981, c. S-2.1, r. 6, s. 5.2.2; O.C. 1959-86, s. 72; O.C. 53-90, s. 10; O.C. 35-2001, s. 23; O.C. 483-2021, s. 8.

2012-09-01

5.2.2. The employer who wishes to carry out work liable to bring any part, load, scaffolding, machine component or person closer to an electrical line than the minimum approach distance specified in section 5.2.1, may proceed to such work provided that one of the following conditions is complied with:

(a)  that power line has been turned off. He shall ensure that no one runs any risk of being electrocuted before turning the power on again;

(b)  the employer has come to an agreement with the electrical power company as to safety measures to be adopted. Before the work begins, he shall transmit a copy of such agreement as well as his work plan to the Commission. Such measures shall be carried out before the work begins and shall be maintained throughout the course of the work;

(c)  extensible construction equipment, such as a backhoe, a power shovel, a crane or a dump truck, shall be equipped with a device that has 2 functions:

i.  to warn the operator or to stop the equipment from operating, so that the minimum approach distance specified in section 5.2.1 is respected;

ii.  to stop the equipment from operating, should the device fail to perform its first function.

The device referred to in subparagraph c must be the subject of a written declaration signed by a member of the Ordre des ingénieurs du Québec certifying that it performs the functions described in subparagraphs i and ii above and that it neither damages the equipment nor renders it unstable when it stops the equipment from operating. If the device fails to operate partially or completely, or is inoperative, the employer may continue to use the extensible construction equipment for a total of not more than 8 hours of working time, provided that he is assisted by a flagperson who has successfully completed the training course in the program described in Schedule 7.

R.R.Q., 1981, c. S-2.1, r. 6, s. 5.2.2; O.C. 1959-86, s. 72; O.C. 53-90, s. 10; O.C. 35-2001, s. 23.