It has been many years since Regulation in Ontario, requiring Pre-Start Health and Safety Reviews (PSRs) for racking, took effect. By now, many companies are aware of the need for Racking Pre-Starts (PSRs). However, based on experience with racking inspections and Pre-Starts, there are still instances where companies are not aware of this requirement, or its implications.
The racking referred to, include selective racks, i.e. “pallet racking”, as well as drive-in/drive-through, pushback, pallet flow, and cantilever racks. They include both new and used equipment. And, there are penalties for non-compliance.
The Regulation requires that, before workers can use storage racks that have been purchased and installed, or existing storage racks that have been reconfigured, an employer, owner or lessee must first obtain a written report. The report, typically prepared by a Professional Engineer, states that the storage racks are adequate, or that certain measures should be taken in order to correct deficiencies.
The written report, addressed to the employer, owner or lessee, generally includes the following information:
- Details of measures to be taken in order to comply with relevant provisions of the Regulation
- Should testing be required before the storage racks can be used, the report provides details of measures, which are to be taken, before testing is conducted, in order to protect the health and safety of workers
- Details of the structural adequacy of the racking.
This report, which forms the Pre-Start Health and Safety Review, must be completed and submitted to the Joint Health and Safety Committee, or Health and Safety Representative, before the storage racks may be used.
In addition, the Pre-Start Health and Safety Review (PSR), along with supporting documents, must be kept readily accessible in the workplace for presentation to Ministry of Labour inspector(s), if and when requested.
It is at this point that some companies become aware of the need for a racking Pre-Start (PSR); and, it can be somewhat problematic, particularly if the racking has been installed several years ago.
For most situations specified by the regulation, a Professional Engineer, registered in the Province of Ontario, conducts the PSR (Pre-Start Health and Safety Review). The Professional Engineer, who performs the racking PSR, can be an employee engineer, or an outside professional.
Note that engineers who provide certification can be held liable under the Occupational Health and Safety Act. However, while the engineer, whose seal and signature appear on the report, is liable under the Act, responsibility for compliance with this regulation rests with the employer, owner or lessee.
With implementation of new racking, it should not be too difficult to obtain an exemption certificate from the racking manufacturer, provided that, as per the regulation, “the rack or stacking structure is designed and tested for use in accordance with current applicable standards.”
However, with used racks, which are purchased and installed, or existing racks that are reconfigured, Pre-Starts can be more complicated. For one thing, who knows what the history of the used racking is, and what forklift impact the racks have been subjected to over time, and the related reduction in load capacities of racking frames and beams?
Non-compliance with the Occupational Health and Safety Act carries liabilities for corporations and individuals. A corporation convicted of non-compliance could be fined for each occurrence. And, individuals, such as officers, directors, managers, engineers, owners and lessees could be fined per occurrence, plus a 20 percent victim surcharge, and/or imprisonment for up to one year.
Outstanding items noted in the PSR Report, provided by a licensed Professional Engineer, need to be addressed, and if some or all of the items listed are not addressed, then, the employer must submit written notice to the Joint Health and Safety Committee advising what appropriate alternative actions have been taken before the racking was first used.
To illustrate, the following is a scenario in which a Pre-Start Health and Safety Review for racking is required.
Let’s say, for instance, that your company has some existing storage racks that it would like to reconfigure in the existing facility. Depending on how involved the changes are, the company might choose to work with a racking vendor, or a rack installation company. Layout and Elevation Drawings may need to be prepared, additional components may need to be purchased and, of course, there is the task of dismantling and re-installing the racks.
Prior to the first pallet being stored on the reconfigured racks, a Pre-Start Health and Safety Review needs to be done, according to regulation in Ontario.
Apart from the situations mentioned above, there might be other scenarios in which Pre-Starts are required for racking. When in doubt, it is best to verify whether or not the particular circumstances necessitate compliance with Occupational Health and Safety Regulation.
The matter of compliance is important and it is prudent to keep in mind that if it ever comes to a point of determining who is responsible for compliance, the ultimate responsibility lies with the owner, lessee or employer, not with equipment vendors.
It is important to be aware of this regulation, which applies to installation of new and used racking, as well as modification and/or addition to existing racking. In some cases, what is required for compliance is fairly easy to obtain. In other situations, the work involved is extensive.
In any event, it is best to pay attention to the requirement for racking PSRs because, not doing so invites the risk of being subjected to penalties, which apply to corporations as well as individuals.
Jack Jagernauth, P.Eng. is a project engineer with Rack Inspections Ontario, an engineering company providing services related to racking safety, racking inspections and PSRs. He may be reached at 905-847-3640 or jack@rackinspectionsontario.ca, or through the company website: www.rackinspectionsontario.ca.