OHS Code Explanation Guide

Published Date: July 01, 2009
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Part 18 Personal Protective Equipment

Section 236 All-terrain vehicles, snow vehicles, motorcycles

Subsection 236(1)

Operators of all-terrain vehicles, snow vehicles, motorized trail bikes and motorcycles must wear protective headwear meeting the requirements of one of the listed standards. For compliance purposes, the helmet must bear a “DOT” mark or the mark or label of a nationally accredited testing organization such as CSA, UL, SEI, etc. The presence of a “DOT” mark or an organization’s mark or label proves that the helmet meets the requirements of the appropriate listed standard.

Subsection 236(2)

Headwear complying with an earlier edition of one of the listed standards may remain in service if the helmet is still in good condition. Existing helmets need not be replaced simply because they comply with an earlier edition of one of the listed standards.

Subsection 236(3)

The requirement to wear protective headwear while operating an all-terrain vehicle, snow vehicle, motorized trail bike or motorcycle does not apply if the machine is equipped with rollover protective structures meeting the requirements of section 270 and seat belts or restraining devices meeting the requirements of section 271.

Subsection 236(4)

Workers sometimes access work sites by all-terrain vehicle, snowmobile or motorcycle. An example of such a situation involves reading meters located in substations along the length of a pipeline. Workers dismount their vehicle(s), enter the substation, perform measurements, return to their vehicle(s) and move on to the next substation. At issue is the need to remove the helmet and replace it with a “hard hat” during the period that workers are in the substation.

Protective headwear meeting the requirements of subsection (1) offers impact and penetration protection equal to or better than that provided by a “hard hat”. However, this headwear cannot pass the dielectric strength test to which hard hats are subjected since the metal fasteners and hardware attached to the helmet shell are capable of providing a conductive path through the helmet to the wearer.

A worker wearing headwear meeting the requirements of subsection (1) may, upon reaching the work site and beginning work tasks, continue to wear that headwear instead of industrial protective headwear i.e. a hard hat, provided that:

(1) work tasks do not expose the worker to any potential contact with exposed energized electrical sources. Where the work being performed exposes the worker to any potential contact with exposed energized electrical sources, appropriately selected protective headwear meeting the requirements of section 234 must be used; and

(2) the tasks performed at the work site are of limited duration. This condition is intended to limit the period of time during which the headwear is used in place of a hard hat. The time limitation reflects the fact that headwear intended for use with all-terrain vehicles, snow vehicles, etc. is less comfortable to wear, restricts the ability to hear and may restrict peripheral vision. Typical work tasks of limited duration include taking or recording measurements, reading meters, making process control adjustments, etc. Where the duration of the tasks being performed exceeds that of the tasks listed as typical examples, appropriate protective headwear meeting the requirements of section 234 must be worn.