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Temporary Workplace Traffic Control Regulations made under Section 82 of the
Occupational Health and Safety Act
S.N.S. 1996, c. 7
O.I.C. 91-860 (July 16, 1991), N.S. Reg. 172/91
[Please note: Effective June 12, 2013, these regulations are replaced by the Workplace Health and Safety Regulations, N.S. Reg. 52/2013]
Table of Contents
- Short title
- Requirement for Code of Practice
- Implementation of Code of Practice
- Duty to comply with Code of Practice
1 These regulations may be cited as the "Temporary Workplace Traffic Control Regulations".
2 In these regulations
(a) "Code of Practice" means a Code of Practice for Temporary Workplace Traffic Control;
(b) "highway" means
(i) a public highway, street, lane or road, including a bridge thereon, and
(ii) private property that is designed to be and is accessible to the general public for the operation of a motor vehicle,
but does not include a private road or driveway not open to the use of the public for purposes of vehicular traffic;
(c) "temporary workplace" means a workplace that is
(i) located on or near a highway,
(ii) so situated or equipped as to be a potential impediment to vehicular traffic on the highway, or to make it prudent for an approaching driver to reduce the speed or to alter the path of travel of a vehicle, and
(iii) of a temporary nature, including a site of highway or utility construction or maintenance work.
3 These regulations apply to a temporary workplace.
Requirement for Code of Practice
4 (1) An employer or constructor shall ensure that no work is conducted at a temporary workplace until the employer or constructor
(a) adopts a Code of Practice;
(b) obtains written confirmation from the Director that the Code of Practice is acceptable to the Director; and
(c) communicates to persons employed at the temporary workplace that the Code of Practice is applicable to the workplace and particulars of the Code of Practice.
(2) An employer or constructor who adopts as a Code of Practice the latest edition of the Temporary Workplace Traffic Control Manual, as published by the Nova Scotia Department of Transportation and Communications, as amended from time to time, is deemed to have adopted a Code of Practice acceptable to the Director.
(3) The Director may accept a Code of Practice which equals or exceeds the standard of safety provided for in the Temporary Workplace Traffic Control Manual referred to in subsection (2).
Implementation of Code of Practice
5 An employer or constructor who adopts a Code of Practice shall ensure that supervisors and traffic control staff present at the temporary workplace are provided with whatever information, instruction, training, supervision, facilities, and equipment is required in order to implement any part of the Code of Practice applicable to that temporary workplace.
Duty to comply with Code of Practice
6 An employer or constructor shall
(a) comply with a Code of Practice adopted pursuant to these regulations; and
(b) ensure that every employee or self-employed person at a temporary workplace complies with the Code of Practice.