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New Brunswick Legislation

New Brunswick Lockout

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 © QUEEN’S PRINTER FOR NEW BRUNSWICK. All rights reserved.

NEW BRUNSWICK
REGULATION 91-191
under the
OCCUPATIONAL HEALTH AND SAFETY ACT
(O.C. 91-1035)

Lock out
239(1) An employer shall ensure that in addition to the normal control start and stop mechanism, a machine has a means of isolating the energy source to the machine that is
(a) lockable,
(b) in a location familiar to all employees, and
(c) properly identified.
239(2) An employer shall provide a safety lock and key to an employee who may have to lock out a machine.
239(3) An employer shall establish a written lock out procedure for a machine and ensure that an employee who may have to lock out a machine has been adequately trained to lock out the machine.
239(4) Subject to section 240, where a machine is to be cleaned, maintained, adjusted or repaired, an employer shall ensure that no employee works on the machine until
(a) a competent person puts the machine in a zero energy state,
(b) each employee who will be working on the machine
(i) verifies that all potential energy sources have been made inoperative,
(ii) locks out the machine using the safety lock and key provided by the employer, and
(iii) puts on the safety lock a tag that does not conduct electricity and that contains
(A) words directing persons not to start or operate the machine,
(B) the employee's printed name and signature, and
(C) the date and time when the tag was put on the machine.
239(5) No employee shall clean, maintain, adjust or repair a machine until the employee verifies that paragraphs 4(a) and (b) have been complied with and verifies by testing that the machine is inoperative.
2001-33
239(6) No person shall remove a lock out device or tag on a machine except
(a) the person who installed it, or
(b) in an emergency or where attempts made to contact the person referred to in paragraph (a) indicate the person is not available, a competent employee designated by the employer.
240 Where the lock out procedure referred to in section 239 is inappropriate for the cleaning, maintenance, adjustments or repairs to be performed or is inadequate for the protection of an employee, an employer shall
(a) establish a code of practice in consultation with the joint health and safety committee or health and safety representative, if any, specifying personnel responsibilities, personnel training and details of procedure for the neutralization, clearance, release and start up of the machine, and
(b) comply with and enforce the code of practice.
2001-33

Contact with Machines
241(1) An employer shall ensure that sufficient space is provided around a machine in order to ensure the safety of employees while the machine is being operated or while cleaning, maintenance, adjustments or repairs to the machine are being carried out.
241(2) Where an employee or the employee's clothing may come into contact with moving parts of a machine or a moving machine, the employee shall
(a) wear close fitting clothing,
(b) confine or cut head and facial hair, and
(c) not wear jewellery, rings, dangling neckwear or similar items.

Safeguards
242(1) Where an employee may come into contact with moving drive or idler belts, rollers, gears, driveshafts, keyways, pulleys, sprockets, chains, ropes, spindles, drums, counterweights, flywheels, couplings, pinchpoints, cutting edges or other moving parts on a machine that may be hazardous to the employee, an employer shall provide adequate safeguards to prevent such contact.
242(2) Subsection (1) does not apply to a machine that is equipped with a device that stops the machine automatically before an employee comes into contact with the parts mentioned in subsection (1).
242(3) Where there is a possibility of a failure of a machine that may result in an injury to an employee from a flying object, an employer shall install a safeguard strong enough to contain or deflect any flying object.
242(4) No employer or employee shall alter the design of a machine where it has been designed with a safeguard that interlocks with the machinery control so as to prevent the operation of the machine unless the safeguard is in its proper place.
242(5) Where an employer has determined that an adequate safeguard for a machine cannot be provided, the employer shall ensure that a physical modification of the machine is carried out or a change in work procedure is put into place to protect employees from being exposed to the hazards associated with the lack of an adequate safeguard.
243(1) No person shall remove or render ineffective a safeguard for a machine unless the removal or rendering ineffective is necessary to enable the cleaning, maintenance, adjustment or repair of the machine.
243(2) Where a person removes or renders ineffective a safeguard for a machine, the person shall ensure that the safeguard is replaced and is functioning properly before leaving the machine or that the machine is in a zero energy state.
243(3) Where a safeguard for a machine is to be removed or rendered ineffective and the machine cannot be directly controlled by the person who removes or renders ineffective the safeguard, the person shall put the machine in a zero energy state and lock out the machine in accordance with section 239 or follow the code of practice in section 240 before removing or rendering ineffective the safeguard.

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