254. (1) If the report referred to in subsection 245(3) contains a recommendation for a medical examination, the employer may consult a physician regarding that recommendation.
(2) If the employer consults a physician and the physician confirms the recommendation for a medical examination, or if an employer does not consult a physician, the employer must not permit an employee to handle the hazardous substance in the work place until a physician, acceptable to the employee, has examined the employee and declared the employee fit for work with the hazardous substance.
(3) If an employer consults a physician, the employer must keep a copy of the decision of the physician with the report.
(4) The cost of a medical examination referred to in subsection (2) is to be borne by the employer.
Control of Hazards
255. (1) An employee must not be exposed to a concentration of
(a) an airborne chemical agent, other than grain dust or airborne chrysotile asbestos, in excess of the value for that chemical agent adopted by the most recent edition of the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs);
(b) airborne grain dust, respirable and non-respirable, of more than 10 mg/m3;
(c) airborne chrysotile asbestos of more than one fibre per cm3; or
(d) an airborne hazardous substance, other than a chemical agent, that is hazardous to the health and safety of the employee.
(2) If there is a likelihood that the concentration of an airborne chemical agent may be more than the applicable value referred to in paragraph (1)(a) or (b), the air must be sampled by a qualified person and the concentration of the chemical agent determined by test in accordance with
(a) the NIOSH standards set out in the 5th edition of the NIOSH Manual of Analytical Methods (NMAM);
(b) a method set out in the United States Federal Register, volume 40, number 33, dated February 18, 1975, as amended by volume 41, number 53, dated March 17, 1976;
(c) a method that collects and analyzes a representative sample of the chemical agent with accuracy and with detection levels at least equal to those which would be obtained if the standards referred to in paragraph (a) were used; or
(d) if no specific standards for the chemical agent are listed in the standards referred to in paragraph (a) and no method is available under paragraph (b) or (c), a scientifically proven method used to collect and analyze a representative sample of the chemical agent.
(3) A written or electronic record of each test made under subsection (2) must be kept by the employer on board the vessel where the concentration was sampled for a period of three years after the day on which the test was made.
(4) A record must include
(a) the date, time and location of the test;
(b) the chemical agent for which the test was made;
(c) the sampling and testing method used;
(d) the result obtained; and
(e) the name and occupation of the qualified person who made the test.
(5) Subject to subsection (6), the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place must be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.
(6) If a source of ignition may ignite the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place, that concentration must not be more than 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.
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