OHS Code Explanation Guide

Published Date: July 01, 2009
Bookmark this page

Part 3 Specifications and Certifications

Section 13 Manufacturer’s and professional engineer’s specifications

Subsection 13(1)

Although the employer is required to comply with the manufacturer’s specifications, this subsection provides the employer with the flexibility to modify specifications. This may result in the equipment being used in applications other than those originally intended by the manufacturer. A large power drill for example, may be fitted with a gear reduction mechanism and used as a hoisting mechanism on a swingstage.

A professional engineer must certify such modifications. The engineer providing the certification is responsible for ensuring that the equipment continues to be safe to use, maintain, operate, etc. according to the modified specifications. The subject matter of the specifications must be within the engineer’s scope of practice.

Subsection 13(2)

In some instances, the employer will not be able to follow the manufacturer’s specifications as required in the OHS Code because the manufacturer’s specifications are not available or do not exist. The employer is offered two alternatives:

(a) have written procedures certified by a professional engineer. The procedures must be specific to the equipment and ensure the equipment will be safe for use. The procedures must also include all the essential ingredients of a typical manufacturer’s specifications, such as limitations and controls to be applied by the operator, or

(b) have the equipment certified as safe to operate by a professional engineer at least every 12 calendar months.