2022 Manitoba Workplace Safety and Health Act and Regulation

Flagpersons
20.6(1) No employer shall require or permit a worker to work as a flagperson
unless the worker
(a) holds a valid flagperson’s training certificate issued by a person
or organization that has been approved by the director under
section 20.6.2; and

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(b) has demonstrated competency in applying the training referred
to in clause 20.5(1)(b) and subsection 20.6.2(2) to the employer’s
workplace.
20.6(2) An employer must ensure that a flagperson
(a) carries his or her flagperson’s training certificate at all times;
(b) is provided with
(i) a paddle with reflective surfaces, on one side of which is
written “STOP” in white letters on a red background, and
on the other side is written “SLOW” in black letters on a
fluorescent yellow-green background,
(ii) high visibility safety apparel that meets the Class 3 Level 2
requirements of CSA Z96-15, High Visibility Safety Apparel,
and that is fluorescent yellow-green in colour,
(iii) protective headwear of a fluorescent colour, augmented
during hours of darkness with a retro-reflective material or
combined materials securely attached to the headwear in
such a manner as to provide 360
o
visibility to others, and
(iv) a means of communication with any other flagperson at
the workplace, when the worker does not have a clear view
of that other flagperson; and
(c) in the case of a flagperson who works during hours of darkness,
a fully operational flashlight fitted with a red signalling wand of
sufficient brightness to be clearly visible to approaching traffic.
20.6(3) Except for the means of communication provided under subclause (2)
(b)(iv), an employer must ensure that a flagperson does not use any
personal electronic device, including
(a) a portable radio, cassette player, compact disk player or
recorder, mp3 player or other digital music recorder and player,
that is worn on the body,
(b) a personal digital assistant or other similar handheld device, or
(c) a cellular telephone.
20.6(4) Section 6.7 does not apply to a flagperson, but the high visibility
safety apparel, protective headwear and flashlight provided by
an employer under clause (2)(b) and (c) are personal protective
equipment and the obligations of the employer and the worker under
sections 6.3 to 6.5 apply to the apparel, headwear and flashlight.

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20.6(5) The employer must ensure that the high visibility apparel or
headwear referred to in clause (2)(b) is immediately replaced if it
(a) is faded, torn, dirty or otherwise rendered ineffective, or
(b) does not display a CSA certification label.
M.R. 165/2012; 128/2019