(a) appoint a qualified person to carry out an investigation in that regard; and
(b) notify the work place committee or the health and safety representative of the proposed investigation, and of the name of the qualified person appointed to investigate, so that they may participate in the investigation.
(2) In an investigation, the following criteria shall be taken into consideration:
(a) the chemical, biological and physical properties of the hazardous substance;
(b) the routes of exposure to the hazardous substance;
(c) the acute and chronic effects on health of exposure to the hazardous substance;
(d) the quantity of the hazardous substance to be handled;
(e) the manner in which the hazardous substance is stored, used, handled and disposed of;
(f) the control methods used to eliminate or reduce exposure of the employees to the hazardous substance;
(g) the concentration or level of the hazardous substance to which an employee is likely to be exposed; and
(h) whether the concentration of an airborne chemical agent or the level of ionizing or non-ionizing radiation is likely to exceed 50% of the values referred to in section 5.16 or the limits referred to in subsection 5.19(2).
5.5 On completion of the investigation and after consultation with the work place committee or the health and safety representative,
(a) the qualified person shall sign a written report setting out
(b) the employer shall develop and implement a written procedure for the control of the concentration or level of the hazardous substance on board an aircraft.
5.6 The report shall be kept by the employer for a period of 30 years from the day on which the qualified person signs the report.
5.7 (1) If the report recommends a medical examination for the employees likely to be exposed to a hazardous substance, the employer shall consult a physician to ascertain the necessity for that medical examination.
(2) For the purposes of subsection (1), a physician shall conclude that a medical examination is necessary only if, in light of the factors referred to in subsection 5.4(2), the likelihood and consequences of exposure to the hazardous substance outweigh the intrusiveness of the medical examination or the disruption to bodily integrity that might be necessary.
(3) If a physician considers that a medical examination is necessary, the employer shall not permit an employee to handle the hazardous substance unless a physician acceptable to the employee has examined the employee and declared the employee fit, or fit with restrictions, to handle the hazardous substance.
(4) For the purposes of determining whether an employee is fit, or fit with restrictions, a physician shall
(a) take into account
(b) perform only those tests or examinations that are necessary to make that determination.
(5) If the physician examining an employee under subsection (3) declares the employee fit with restrictions to handle the hazardous substance, the employer shall not permit the employee to handle the hazardous substance except in accordance with the specified restrictions.
(6) If an employer consults a physician under subsection (1), the employer shall keep a copy of the physician’s decision with the report referred to in section 5.5.
(7) The cost of a medical examination referred to in subsection (3) shall be borne by the employer.
Storage, Handling and Use
5.8 Every hazardous substance on board an aircraft shall be stored, handled or used in a manner that minimizes the hazard related to that substance.
5.9 If a hazardous substance is stored, handled or used on board an aircraft, any hazard resulting from that storage, handling or use shall be confined to as small an area as is practicable.
5.10 Every container for a hazardous substance that is used on board an aircraft shall be designed and constructed so that it protects the employees from any health or safety hazard that is caused by the hazardous substance.
5.11 The quantity of a hazardous substance for use or processing on board an aircraft shall, if practicable, be limited to the minimum quantity required.
Warning of Hazardous Substances
5.12 If a hazardous substance is on board an aircraft, signs shall be posted in conspicuous places on board the aircraft warning of the presence of the hazardous substance and stating any precautions to be taken to prevent or reduce any health or safety hazard.
5.13 (1) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement an employee education program with respect to hazard prevention and control on board an aircraft, including with respect to hazardous substances.
(2) The employee education program shall include
(a) the instruction of each employee who is likely to handle or be exposed to a hazardous substance with respect to
(i) the product identifier of the hazardous substance,
(ii) all hazard information disclosed by the supplier or by the employer on a material safety data sheet or label,
(iii) all hazard information of which the employer is aware or ought reasonably to be aware,
(iv) the observations referred to in subparagraph 5.5(a)(i),
(v) the information disclosed on a material safety data sheet referred to in section 5.21 and the purpose and significance of that information, and
(vi) in respect of controlled products on board an aircraft, the information required to be disclosed on a material safety data sheet and on a label under Division 3 and the purpose and significance of that information;
(b) the instruction and training of each employee referred to in paragraph (a) on
(c) if the employer keeps an electronic version of a material safety data sheet available to employees in accordance with subsection 5.26(2), instruction on how to access the material safety data sheet.
(3) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review the employee education program and, if necessary, revise it,
5.14 The employer shall keep a written or electronic record of the instruction and training given to every employee and shall
(a) make it readily available for examination by the employee; and
(b) keep it for a period of two years from the day on which the employee ceases to handle or be exposed to the hazardous substance.
Substitution of Substances
(2) If a hazardous substance is to be used for any purpose on board an aircraft and an equivalent substance that is less hazardous is available to be used for that purpose, the equivalent substance shall be substituted for the hazardous substance if reasonably practicable.
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