Application 14.23.1.1

(1) Sections 14.23.1.2 to 14.23.2.4 does not apply to mobile equipment that is operated only on rails.

(2) Combination road/rail (hi-rail) equipment, used to transport employees, must comply with Division 22.

Note: This Division is not intended to apply to the transportation of employees by a public transportation system such as a taxi, bus line, charter air service or airline, or by an employee's personal transport on public roads, prior to or following a work shift. The requirements for all terrain vehicles are provided in Division 22 of this Part.

Railway's Responsibility
14.23.1.2

If employees are required to travel on a private road the railway must ensure that reasonable measures are taken to evaluate road, weather and other traffic conditions to ensure the safe transit of the employees.

Seat Belts 14.23.1.3

(1) A vehicle used to transport employees must be equipped with seat belts as required by Division 22 of this Part and the Motor Vehicle Act.

(2) When feasible, all seats must have full seat backs and seat belts must be of the 3 point type.

(3) Seated employees must wear seat belts while being transported in a vehicle equipped with seat belts. ..,.,

Riding Restrictions
14.23.1.4

An employee must not ride in a vehicle:

(a) in a standing position, unless protected from being thrown off balance, or

(b) with any part of the body outside the vehicle unless essential to the work process, and then only when the employee is adequately restrained.

Securing Equipment
14.23.1.5

(1) Materials, goods, tools or equipment carried in a portion or compartment ofa vehicle in which employees are riding must be located and secured to prevent injury to the operator or the employees. .

(2) If materials, goods, tools or equipment are regularly carried in an employee transportation vehicle there must be a designated area in the vehicle for transporting these items.

Hazardous Materials
14.23.1.6

The transportation of hazardous materials in a vehicle transporting employees is restricted as follows: .

(a) explosive materials must not be carried in a vehicle transporting employees other than a certified blaster and employees assigned with handling of explosive materials, and such transportation must be in compliance with Division 33 of this Part, and

(b) if it is necessary to carry volatile, flammable, or otherwise hazardous materials, the materials must be carried in isolated compartments which are:

(i) accessible only from the outside of the vehicle, are securely fastened and are fitted with adequate ventilation and drainage facilities, and

(ii) if internal to the vehicle, separated from the crew compartment by an approved firewall.

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Carrying Animals
14.23.1.7

An animal must be not be carried in the operator's cab or passenger compartment of a vehicle transporting employees unless appropriate facilities are provided for this purpose.

Passenger Compartments
14.23.1.8

Any enclosed portion or compartment of a vehicle in which employees are transported must have: (a) effective ventilation, independent of doors, providing clean air;

(b) adequate lighting and means for heating and cooling;

(c) an effective means for communication between the operator and passengers; and (d) more than one means of exit.

Boarding and Leaving
14.23.1.9

(1) An employee must not board or leave any vehicle while it is in motion, except in case of emergency. c.

(2) Adequate docking facilities must be provided if necessary to ensure safe employee access and egress to marine craft and float-equipped aircraft.

(3) A walkway on a docking facility must have a surface fmish or otherwise maintained in a manner which minimizes the risk of a employee slipping.

Vehicle Design
14.23.2.1

(1) Vehicles operated by or on behalf of the railway primarily to transport employees must:

(a) be of a design and construction acceptable to the safety officer;

(b) be suited to the type of use, terrain and weather;

(c) have bodies of strong and rigid construction, securely fastened to the vehicle chassis;

(d) have rear or side doors with latches operable from inside and outside, with side doors on the right side of the vehicle;

(e) be fitted with at least one emergency exit, on the left side or rear of the vehicle, operable from both inside and outside, and unlocked while the vehicle is in use;

(f) have safe means of entry and exit with none slip steps and handholds;

(g) be fitted with adequate service brakes and a mechanical parking brake; and

(h) be equipped with first aid kit as required by Division 5 of this Part. and with appropriate fIre extinguishers in good working order.

(2) A vehicle used to transport employees off road must have:

(a) service brakes capable of stopping and holding the fully loaded vehicle on the maximum slope the vehicle can climb at the specified operating slope;

(b) a primary and secondary braking system with the secondary braking system having at least 50% of the braking capacity of the primary braking system;

(c) when the components are shared between the primary and secondary braking systems, a design such that failure of anyone component will not disable both brake systems;

(d) when the service brake operates on the drive train, a design such that the failure of anyone component of the drive train will not reduce the braking capacity to less than 50% of the primary braking system; and

(e) a mechanical parking brake capable of holding the vehicle in place on a slope of at least 15%.

Operation and Maintenance
14.23.2.3

(1) An employee transportation vehicle must be operated by a competent driver licensed under the provisions of the Motor Vehicle Act, and if required, the Highway (Industrial) Act.

(2) All doors must be closed and latched while the vehicle is in motion.

(3) Smoking must not be permitted in a worker transportation vehicle.

(4) The parking brake must be engaged when the vehicle is left unattended and the wheels blocked or chocked if the circumstances require.

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(5) An employee transportation vehicle must be inspected before first use on a work shift, and properly maintained to ensure it is safe for use.

(6) Any defect which might affect the safety of employees must be corrected before using the vehicle.

Seating Design
14.23.2.3

An employee transportation vehicle must be equipped with seats that:

(a) are safely located and securely attached to the vehicle, with a width of at least 41 cm (16 in) for each passenger and an upholstered seat and back which provides normal and comfortable seating for passengers;

(b) face to the front or rear of the vehicle, unless installed otherwise by the vehicle manufacturer; and

(c) provide a spacing of at least 66 cm (26 in) measure between the face of the back seat level and the back of the seat or other fixed object in front.

Seating Capacity
14.23.2.4

(1) Seating capacity must be determined by the number of 41 cm (16 in) full seat widths available, provided the gross vehicle weight (GVW) is not exceeded.

(2) Employees must not be transported in a vehicle if the weight of the passengers, plus the weight of any tools, equipment and cargo being carried, results in the allowable gross vehicle weight (GVW) for the vehicle being exceeded.

Note: For calculating purposes, each passengers is assumed to weigh 68 kg. (150 Ibs.).

Compliance with Requirements
14.23.3.1

Marine craft used for transporting employees must be constructed, equipped and operated as required by the Canadian Shipping Act and regulations made under it.

Load Rating
14.23.3.2

If a boat or other vessel is used for transporting employees the railway must:

(a) conspicuously post on it details of the maximum safe load, and if it is powered by an outboard motor of 10 or more horsepower, the maximum horsepower for safe operation, and

(b) have a water lIne (weight line) marked on the vessel to make overloading apparent.

Seaworthiness
14.23.3.3

A boat or other vessel used for transporting employees must: (a) be seaworthy;

(b) be properly maintained to the manufacturer's specifications; and

(c) meet safety standards applicable to the size and carrying capacity of the vessel,

Operation
14.23.3.4

An operator of a boat or other vessel must

(a) be familiar with and have proven ability in operating marine craft in the geographical area of operation, and (b) not operate marine craft in excess of the posted load and, where applicable, the posted power limits.

c) be licenced or certified as competent to operate the boat or vessel, if required, by the authority having jurisdiction.

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Adverse Weather
14.23.3.5

If adverse weather, water or other conditions that may endanger employees prevail or anticipated, precautionary measures must be taken by delaying departure, decreasing speed, adjusting load or by other appropriate means.

Note: An employee has obligations to comply with the requirements for refusal ofunsafe work in Division 1 of this Part if the employee feels it is unsafe to travel by water for reasons of weather or seaworthiness.

Life Jackets
14.23.3.6

Life jackets meeting the requirements of Division 10 of this Part must be:

(a) readily available for each employee transported by boat or other vessel, and

(b) worn when adverse weather, water conditions which could create a hazardous situation, or if employees are being transported in open boats, rafts, barges or similar craft.

Fire Extinguishers
14.23.3.7 (1) Power driven marine craft used for transporting employees must be provided with and have readily available for use, fire extinguishers of the foam or dry chemical type.

(2) Fire extinguishers must meet the requirements of the Canada Shipping Act and regulations made under it.

Communication
14.23.3.8

(1) A vessel must have a radio or other means of communication with a camp or land base station.

(2) A vessel more than 5.5 m (18 ft.) in length must be equipped with an EPIRB (Emergency Position Indicating Radio Beacon for locating the vessel in the event of an accident.

Vessel Stability
14.23.3.9

(1) Cargo carried on a boat or other vessel must be distributed and secured to ensure the stability of the vessel during the journey.

(2) A vessel must be secured or otherwise controlled to permit employees to get on or off safely.

(3) A vessel less than 5.5 m (18 ft.) in length must be equipped with sufficient floatation ballast to offset the weight of the passengers.

Maintenance and Inspection
14.23.3.10

(1) Marine crafts must be inspected daily before initial operations, and thereafter as required.

(2) Defects must be reported immediately, in writing, to the supervisor and those defects which affect the safe operation of the craft must be remedied before the craft is put to use.

Lighting
14.23.3.11

(1) A boat or other vessel operated in navigable waters during the period from sunset to sunrise, or in conditions of restricted visibility, must display navigation lights as required by the Canada Shipping Act and regulations made under it.

(2) Deck and cabin lighting must be provided and used, if necessary, to provide safe levels of illumination aboard the vessel.

(3) Searchlights or floodlights must be provided and used if necessary to facilitate safe navigation and to illuminate working or boarding areas adjacent to the vessel

Compliance with Requirements
14.23.4.1

Transportation of employees by aircraft must be done in accordance with the applicable regulations of the Department of Transport Canada.

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