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Regulation Review Part 26

Workers in Manitoba have legislated regulations to help keep us safe, day in and day out – no matter what job we do. These regulations are a part of the framework for building safe workplaces in Manitoba.

The Manitoba Workplace Safety and Health Act and associated regulations are in place to protect you – the worker – from workplace hazards and the risks they present. Manitoba Regulation 217/2006 is a 44-part document containing requirements and guidelines for workplaces, including site-specific rules and other valuable information to prevent harm from coming to workers.

Safety Check is profiling one part of the Regulation in each issue to help remind you of the Regulation’s specifics and to help keep safety top-of-mind for all Manitobans.

This issue, it’s Regulation Part 26: Excavation and Tunnels.

Regulation Part 26 applies to every workplace where excavation work takes place, except for mines. It was previously enforced through other regulatory requirements.

The Regulation requires workplaces to develop, implement and train workers in SAFE Work procedures.

As well, employers must notify the Workplace Safety and Health Division no more than 48 hours prior to excavation work in order to receive a registration number. This process applies to all excavation work that will be more than 1.5 m deep and where a worker is required to enter  Excavation work may not begin until a registration number is assigned.

Notification requirements do not apply to the digging of a burial lot or plot in a cemetery.

The employer must appoint a supervisor to be on-site when a worker is in the excavation or excavation work is being performed. When a worker is in an excavation that is more than 1.5 m deep, the employer must ensure that a competent person is located at the surface of the excavation to alert the worker of any potential unsafe condition and to assist in an emergency.

Before any excavation work begins, the employer must also notify the owners of underground facilities (such as oil, gas, steam, water, sewer, communication and electrical systems) in the area where the work is to be done.

The Regulation requires the employer and worker take reasonable measures to protect against the following hazards:

Flooding – no workers may enter the excavation unless appropriate precautions are taken.

Hazardous atmosphere risks – no worker may enter the excavation until a competent person determines a breathing or other hazard does not exist.

Water hazards – excavation sites must be kept free of accumulation of water that may create a risk.

Powered mobile equipment and machinery – machines may not be driven, operated or located in a way that endangers the stability of the walls of an excavation.

There is also a series of general site requirements for worksites where an excavation will take place:

Excavations near to an area where the public may pass, or near a roadway, must be guarded.

Walkways are required if a worker will cross over an excavation.

Safe means of entering and leaving an excavation is required. In excavations more than 1.5 m deep, this must be a ladder, stairway or ramp. Ladders must extend 1 m above the top of the excavation and must be no more than 3 m from the worker when used in a trench.

Support structures are required if a worker is required to enter an excavation more than 1.5 m deep unless the excavation is cut in solid rock or other equally stable material, excluding frozen ground; the walls of the excavation are sloped not more than 45 degrees; or a combination of slope and vertical face is used for stabilizing the walls where the vertical face is not more than one metre high and the remaining walls are sloped at an angle not more than 45 degrees . Support structures for deep foundation excavations must be designed and certified by a professional engineer.

Workers in deep foundation excavations must wear a body harness.

Hoisting devices are to be used to lower and raise workers entering and leaving a deep foundation excavation.

Finally, a deep foundation excavation must be guarded when work on the excavation is not active.

This information is a summary. For full requirements, read the Regulation in full.