Regulation - LGIC
Changes to Requirements Related to Cranes Used at Construction Projects
Regulation Number(s):
O. Reg. 213/91: CONSTRUCTION PROJECTS
O. Reg. 420/21: NOTICES AND REPORTS UNDER SECTIONS 51 TO 53.1 OF THE ACT
O. Reg. 420/21: NOTICES AND REPORTS UNDER SECTIONS 51 TO 53.1 OF THE ACT
Instrument Type:
Regulation - LGIC
Bill or Act:
Occupational Health and Safety Act
Summary of Decision:
Amendments to various provisions related to cranes, and primarily tower cranes, in O. Reg. 213/91 (Construction Projects) under the Occupational Health and Safety Act (OHSA) have been approved and include:
• Clarifying and adding new design, installation, inspection, maintenance, and record-keeping requirements.
• Requiring more comprehensive inspections of tower cranes, including referencing the Professional Engineers of Ontario's practice standard for tower crane review, and clarifying and expanding the role and responsibilities of professional engineers in the design, erection, and inspection of tower cranes.
• Introducing new, and updating existing, references to relevant national and international standards relating to the design and operation of tower cranes.
• Addressing advances in technology, including adding and amending requirements that take into account specific operational needs for self-erecting tower cranes.
• Clarifying requirements for cables, slings and rigging that apply to all cranes and cover hoisting operations by other equipment.
Amendments to O. Reg. 420/21 (Notices and Reports Under Sections 51 to 53.1 of the Act - Fatalities, Critical Injuries, Occupational Illnesses and Other Incidents) under the OHSA have also been approved. The amendments add a new requirement for the ministry to be notified of a failure to control a crane or a load, including any rigging failure, and for an engineer's report on the cause of the incident.
The amendments to O. Reg. 420/21 and most of the amendments to O. Reg. 213/91 will come into force on January 1, 2024. Other requirements will come into force on January 1, 2025, to provide stakeholders with additional time to comply with the changes, including:
• New requirements that may require some tower cranes to be modified or retrofitted.
• New requirement for tower cranes to be erected, dismantled, and climbed by workers in accordance with the CSA Z248-17 standard for tower cranes, which may require more specialized training for tower crane erectors.
• New requirement for comprehensive inspections of tower cranes before being erected at a project after 10 years from the time they were manufactured, and thereafter every 10 years before they are erected at a project.
• Clarifying and adding new design, installation, inspection, maintenance, and record-keeping requirements.
• Requiring more comprehensive inspections of tower cranes, including referencing the Professional Engineers of Ontario's practice standard for tower crane review, and clarifying and expanding the role and responsibilities of professional engineers in the design, erection, and inspection of tower cranes.
• Introducing new, and updating existing, references to relevant national and international standards relating to the design and operation of tower cranes.
• Addressing advances in technology, including adding and amending requirements that take into account specific operational needs for self-erecting tower cranes.
• Clarifying requirements for cables, slings and rigging that apply to all cranes and cover hoisting operations by other equipment.
Amendments to O. Reg. 420/21 (Notices and Reports Under Sections 51 to 53.1 of the Act - Fatalities, Critical Injuries, Occupational Illnesses and Other Incidents) under the OHSA have also been approved. The amendments add a new requirement for the ministry to be notified of a failure to control a crane or a load, including any rigging failure, and for an engineer's report on the cause of the incident.
The amendments to O. Reg. 420/21 and most of the amendments to O. Reg. 213/91 will come into force on January 1, 2024. Other requirements will come into force on January 1, 2025, to provide stakeholders with additional time to comply with the changes, including:
• New requirements that may require some tower cranes to be modified or retrofitted.
• New requirement for tower cranes to be erected, dismantled, and climbed by workers in accordance with the CSA Z248-17 standard for tower cranes, which may require more specialized training for tower crane erectors.
• New requirement for comprehensive inspections of tower cranes before being erected at a project after 10 years from the time they were manufactured, and thereafter every 10 years before they are erected at a project.
Analysis of Regulatory Impact:
As part of its obligations under the MOPBA, the Ministry of Labour, Immigration, Training and Skills Development conducted a Regulatory Impact Analysis (RIA) of these amendments. A RIA is a process of identifying and assessing the incremental benefits and costs of regulations and non-regulatory alternatives.
It is anticipated that many of the amendments will not result in any additional costs to workplaces. However, there will be additional direct compliance costs associated with some of the amendments, including:
• Costs to retrofit or modify some tower cranes to meet proposed new design standards and requirements for the use of certain devices.
• Costs for more specialized training for tower crane erectors to comply with the new requirement to erect, dismantle, and climb tower cranes in accordance with the CSA Z248-17 standard for tower cranes.
• Costs to notify the ministry in the event of a failure to control a crane or a load, and to acquire an engineer's report on the cause of the incident.
• Costs to implement the new and expanded inspections of tower cranes and their support systems, including:
o Expanded pre- and post-erection inspections of tower cranes to include additional components of a tower crane that will need to be inspected.
o New requirement for a comprehensive inspection of tower cranes before being erected at a project after 10 years from the time they were manufactured, and thereafter every 10 years before they are erected at a project.
The total costs to retrofit or modify some tower cranes, to provide more specialized training for tower crane erectors, and to notify the ministry and acquire an engineer's report in the event of a failure to control a crane or a load cannot be estimated because the costs would depend on various factors. The average annual direct compliance costs of the new and expanded inspections are estimated to be $1.5 million for the industry. This is based on an industry estimate that most of the estimated 250 tower cranes that are in use in Ontario already undergo pre- and post-erection inspections in accordance with the new and expanded inspection requirements.
Despite these additional costs, it is expected that there will be indirect cost savings, including a reduction in costs to repair defective equipment resulting from improper maintenance, a reduction in the number of work stoppages resulting from a crane-related incident or noncompliance with regulatory requirements, reduction in the number of property damage claims resulting from crane failures, and a reduction in costs arising from workers' compensation claims.
The amendments are responsive to recommendations from a range of stakeholders, including labour and management stakeholders from the construction sector represented on the Provincial Labour-Management Health and Safety Committee.
It is anticipated that many of the amendments will not result in any additional costs to workplaces. However, there will be additional direct compliance costs associated with some of the amendments, including:
• Costs to retrofit or modify some tower cranes to meet proposed new design standards and requirements for the use of certain devices.
• Costs for more specialized training for tower crane erectors to comply with the new requirement to erect, dismantle, and climb tower cranes in accordance with the CSA Z248-17 standard for tower cranes.
• Costs to notify the ministry in the event of a failure to control a crane or a load, and to acquire an engineer's report on the cause of the incident.
• Costs to implement the new and expanded inspections of tower cranes and their support systems, including:
o Expanded pre- and post-erection inspections of tower cranes to include additional components of a tower crane that will need to be inspected.
o New requirement for a comprehensive inspection of tower cranes before being erected at a project after 10 years from the time they were manufactured, and thereafter every 10 years before they are erected at a project.
The total costs to retrofit or modify some tower cranes, to provide more specialized training for tower crane erectors, and to notify the ministry and acquire an engineer's report in the event of a failure to control a crane or a load cannot be estimated because the costs would depend on various factors. The average annual direct compliance costs of the new and expanded inspections are estimated to be $1.5 million for the industry. This is based on an industry estimate that most of the estimated 250 tower cranes that are in use in Ontario already undergo pre- and post-erection inspections in accordance with the new and expanded inspection requirements.
Despite these additional costs, it is expected that there will be indirect cost savings, including a reduction in costs to repair defective equipment resulting from improper maintenance, a reduction in the number of work stoppages resulting from a crane-related incident or noncompliance with regulatory requirements, reduction in the number of property damage claims resulting from crane failures, and a reduction in costs arising from workers' compensation claims.
The amendments are responsive to recommendations from a range of stakeholders, including labour and management stakeholders from the construction sector represented on the Provincial Labour-Management Health and Safety Committee.
Further Information:
O. Reg. 213/91: CONSTRUCTION PROJECTS
Occupational Health and Safety Act
Consultation Paper
O. Reg. 241/23
O. Reg. 242/23
O. Reg. 420/21: NOTICES AND REPORTS UNDER SECTIONS 51 TO 53.1 OF THE ACT
Proposal Number:
21-MLTSD 016
Posting Date:
July 14, 2021
Summary of Proposal:
The Ministry of Labour, Training and Skills Development (MLTSD) is proposing to modernize and clarify existing requirements relating to the use of tower cranes set out in the Construction Projects Regulation (O. Reg. 213/91) and O. Reg. 420/21: Notices and Reports Under Sections 51 to 53/1 of the Act - Fatalities, Critical Injuries, Occupational Illnesses and Other Incidents under the Occupational Health and Safety Act (OHSA).
This proposal includes 20 recommendations targeting 6 key areas of focus, including:
1. Introducing new notification requirements relating to the use of tower cranes;
2. Clarifying requirements for design, installation, maintenance, and inspection requirements including record keeping;
3. Referencing the Professional Engineers of Ontario's practice standard for tower crane review and clarifying the role and responsibilities of professional engineers in the design, erection and inspection of tower cranes, including certifying tower cranes as safe to use after repairs or following fault diagnosis;
4. Introducing new, and updating existing, references to relevant national and international standards relating to the design and operation of tower cranes;
5. Updating and introducing new training requirements for crane operators; and
6. Addressing advances in technology by adding new and specific requirements for self-erecting tower cranes.
This proposal includes 20 recommendations targeting 6 key areas of focus, including:
1. Introducing new notification requirements relating to the use of tower cranes;
2. Clarifying requirements for design, installation, maintenance, and inspection requirements including record keeping;
3. Referencing the Professional Engineers of Ontario's practice standard for tower crane review and clarifying the role and responsibilities of professional engineers in the design, erection and inspection of tower cranes, including certifying tower cranes as safe to use after repairs or following fault diagnosis;
4. Introducing new, and updating existing, references to relevant national and international standards relating to the design and operation of tower cranes;
5. Updating and introducing new training requirements for crane operators; and
6. Addressing advances in technology by adding new and specific requirements for self-erecting tower cranes.
Contact Address:
Construction Health and Safety Regulatory Proposal Project - Tower Crane
Health, Safety and Insurance Policy Branch
Ministry of Labour, Training and Skills Development
400 University Avenue, 12th Floor
Toronto ON M7A 1T7
Health, Safety and Insurance Policy Branch
Ministry of Labour, Training and Skills Development
400 University Avenue, 12th Floor
Toronto ON M7A 1T7
Effective Date:
January 1, 2024
Decision:
Approved