Rental Equipment

Before accepting delivery, make sure that equipment meets requirements

By Jim Zaichkowski, P.Eng., Project Coordinator, CSAO

 

Case History

A worker, operating a skid-steer loader with a backhoe attachment, was pinned between the roof of the cab and the backhoe boom when he stepped on a control pedal while trying to exit from the machine. He died as a result of massive injuries to the head.

Most or all of the warning and instructional decals that were originally on the loader and backhoe
attachment had been removed or painted over, including the warning label on the boom.

A work crew from the site had great difficulty freeing the victim because none of them were familiar with the skid-steer loader. There was no operating manual available at the site or on the equipment.

When freed from the pinch point between roof and boom, the unconscious victim fell on the skid-steer controls, causing the loader to start running in circles. Now the crew had to shut down a moving piece of equipment without benefit of experience, warning decals, or operator's manual.

The skid-steer loader involved in this accident was not from a rental agency. But the case illustrates the consequences that can result when equipment is used without warning or instructional decals and operating manuals.

Manufacturers' Information

The best sources of information on any piece of equipment are the manufacturer's operating and maintenance manuals. In the case above, this would include manuals for the skid-steer loader and the backhoe attachment.

Decals, labels, and manuals provide necessary information for safe use, including

• operating instructions
• equipment capacity and limits
• operating warnings
• emergency instructions
• maintenance instructions, including inspection schedules, to keep the equipment in good, safe operating condition.

Manufacturer's manuals for a particular piece of equipment often include requirements for decals and clearly specify where they should be located. These decals convey information about operating instructions, safety and hazard warnings, emergency shut-down procedures, and maintenance requirements. It is the equipment owner's responsibility under Ontario law to provide, install, and maintain the decals.

Removing, damaging, or painting over decals can prevent the equipment from being operated safely. Decals that are removed or illegible can no longer serve as warnings or instructions. This jeopardizes the safety not only of the operator but of
workers nearby.

Legislation

Ontario's Occupational Health and Safety Act and construction regulation (O. Reg. 213/91) include provisions that cover operating manuals and warning or instructional decals.

• Section 25(2)(a) of the Act requires that the employer "provide information, instruction and supervision to a worker to protect the health or safety of the worker."
• Section 27(2)(b) of the Act requires that a supervisor "provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker."
• Section 93(1), (2) of the construction regulation (O. Reg. 213/91) requires that "All vehicles, machinery, tools and equipment shall be maintained in a condition that does not endanger a worker" and none shall be used "while it is defective or hazardous" or "while it is being repaired or serviced."
• Section 93(3) of the construction regulation requires that "A copy of the manufacturer's operating manual for a vehicle, machine, tool or for equipment used at a project shall be kept readily available at the project."

Suppliers' Responsibilities

Suppliers of machines, devices, tools, and equipment used in the workplace under a rental, lease, or similar arrangement must comply with the Occupational Health and Safety Act [Section 31(1)].

Rental equipment suppliers are responsible for ensuring that

• the equipment is in good condition
• the person renting the equipment has been made aware of obligations regarding equipment inspection and maintenance
• each piece of equipment complies with applicable sections of the Act and regulations.

As part of their legal responsibilities, rental equipment suppliers must ensure that operating and maintenance manuals for a particular piece of equipment are provided and that all warning and other information decals specified in the manuals are properly installed and legible.

Renters' Responsibilities

As an employer, the renter of construction equipment must exercise caution before accepting any equipment delivered on site.

In addition to other safety-related duties, the employer is required under section 25(2)(h) of the Act to "take every precaution reasonable in the circumstances for the protection of a worker." This includes providing written instructions for the safe operation of equipment. As noted already, the most comprehensive sources for such information are manufacturers' manuals and decals.

When rental equipment arrives on site, it should be checked to ensure that the manufacturer's operating and maintenance manuals are present and that all decals specified in the manuals are in place and legible. Otherwise the equipment should not be accepted.

Section 94 of the construction regulation requires that before equipment is first used on a project it "shall be inspected by a competent worker... for defects or hazardous conditions and... to determine whether it can handle its rated capacity."

As an employer, the renter of construction equipment must also ensure, under Section 96, that any worker operating, erecting, or otherwise using a specific piece of equipment is properly trained and qualified to do so. Most rental equipment suppliers can provide such training.

Liability

If a renter accepts and uses equipment for which manuals are not provided, or on which warning and instructional decals are missing or illegible, the renter accepts responsibility for these deficiencies and is liable for any accidents or injuries that may result. In the event of accident or injury, the renter, as well as the rental company, will be considered responsible under the Occupational Health and Safety Act and construction regulation.

Recommendations

Before ordering rental equipment:

• Ensure that the rental company will provide, for each piece of equipment, a record of maintenance and/or a signed waiver indicating compliance with all of the manufacturer's inspection and maintenance requirements.
• Insist that the rental company provide a legible copy of the manufacturer's maintenance manual. The renter's obligations for regular scheduled inspection and maintenance for each piece of equipment must be clearly set out.
• Insist that the rental company provide a legible copy of the manufacturer's operating manual for each piece of equipment as well as any manuals for add-on attachments not identified in the main manual.
• Obtain assurances that the supplier has reviewed manufacturer's operation and maintenance manuals for the particular piece of equipment and that all required stickers and decals identified in the manuals have been affixed in their specified locations and are properly maintained.
• Develop and maintain an equipment inspection/ acceptance policy. This should include an inspection checklist covering compliance requirements under the Act and regulations. The policy should include clear instructions regarding any equipment that fails to pass inspection, indicating that such equipment is to be refused upon delivery. Ensure that this policy is followed for each new piece of rental equipment delivered to the site. Advise the rental agency that equipment will not be accepted unless it fully complies with the inspection checklist.
• Give the rental agency a copy of the inspection/acceptance policy, including the inspection checklist, so that the company knows exactly what is required. Make the rental agency aware of your policy to refuse any equipment that fails to comply with manufacturer's instructions or legal requirements.

Before using rental equipment:

• Ensure that a competent worker inspects each piece of rental equipment as it arrives on site to check for defects or hazardous conditions and to determine whether the equipment can handle its rated capacity. This inspection must be completed before the equipment is put into service.
• Ensure that any worker who will be using the rental equipment has been properly trained and is fully qualified to operate, erect, or otherwise use the equipment safely. A record of training and qualifications should be kept at the project site for verification.

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