Canada Occupational Health and Safety Regulations (SOR/86-304)

Regulations are current to 2016-03-28 and last amended on 2015-09-14. Previous Versions

DIVISION IIIHVAC SYSTEMS

Application

 Sections 2.21 to 2.24 apply to every work place that is equipped with an HVAC system and that is under the employer’s control.

  • SOR/2000-374, s. 2;
  • SOR/2011-206, s. 2;
  • SOR/2014-142, s. 1(E).

Standards

 Subject to section 2.22, every HVAC system installed on or after the day of the coming into force of this section shall meet the design requirements of ASHRAE Standard 62-1989, entitled Ventilation for Acceptable Indoor Air Quality, as amended from time to time.

  • SOR/2000-374, s. 2.

 To the extent reasonably practicable, the relevant portion of an HVAC system shall be modified to meet the design requirements referred to in section 2.21 if

  • (a) the level of occupancy in a building or portion of a building exceeds the level for which the HVAC system was designed; or

  • (b) the use of a building or portion of a building differs from the use for which the HVAC system was designed.

  • SOR/2000-374, s. 2.

Records

  •  (1) For HVAC systems installed on or after the day of the coming into force of this section, the employer shall keep a record of the information required by section A-2.3.5.2 of Appendix A of the National Building Code and make the record readily available.

  • (2) In addition to the record required by subsection (1), the employer shall keep and make readily available a record of the normal hours of occupancy and the types of activities of the occupants of the building.

  • (3) In the case of HVAC systems to which subsection (1) does not apply, the employer shall keep and make readily available all records required by subsections (1) and (2) that are reasonably practicable to keep.

  • SOR/2000-374, s. 2.

Operation, Inspection, Testing, Cleaning and Maintenance

  •  (1) Every employer shall appoint a qualified person to set out, in writing, instructions for the operation, inspection, testing, cleaning and maintenance of an HVAC system and the calibration of probes or sensors on which the system relies. In writing the instructions, the qualified person shall take into account CSA Guideline Z204-94, entitled Guideline for Managing Air Quality in Office Buildings, dated June 1994.

  • (2) The instructions shall

    • (a) [Repealed, SOR/2011-206, s. 3]

    • (b) be readily available;

    • (c) and (d) [Repealed, SOR/2009-147, s. 3]

    • (e) specify the manner of operation of the HVAC system;

    • (f) specify the nature and frequency of inspections, testing, cleaning and maintenance; and

    • (g) be reviewed by a qualified person and, if necessary, amended

      • (i) when modifications to the HVAC system are carried out in accordance with section 2.22,

      • (ii) when the standard referred to in section 2.21 is amended,

      • (iii) when the an investigation carried out in accordance with section 2.27 has identified that a health or safety hazard exists, or

      • (iv) at least every five years.

  • (3) Despite paragraph (2)(c), if an investigation referred to in section 2.27 identifies that a health or safety hazard exists, the instructions shall be developed and made readily available without delay.

  • (4) The employer shall appoint a qualified person or persons to implement the instructions and make a report, in writing, of each inspection, testing, cleaning and maintenance operation.

  • (5) The report shall be kept readily available by the employer for a period of at least five years and shall

    • (a) specify the date and type of work performed, and the identity of the person who performed it;

    • (b) identify the components of the HVAC system or portion of an HVAC system involved; and

    • (c) record test results, any deficiencies observed and the actions taken to correct them.

  • SOR/2000-374, s. 2;
  • SOR/2002-208, s. 39;
  • SOR/2009-147, s. 3;
  • SOR/2011-206, s. 3.

 An employer shall ensure that the qualified person or persons referred to in subsection 2.24(4) are instructed and trained in the specific procedures to be followed in the operation, inspection, testing, cleaning and maintenance of the HVAC system and the calibration of probes or sensors on which the system relies.

  • SOR/2000-374, s. 2;
  • SOR/2009-147, s. 4(F).

 An employer shall post, in a place readily accessible to every employee, the telephone number of a contact person to whom health or safety concerns regarding the indoor air quality in the work place can be directed.

  • SOR/2000-374, s. 2;
  • SOR/2002-208, s. 42.

Investigations

  •  (1) Every employer shall develop, or appoint a qualified person to develop, a procedure for investigating situations in which the health or safety of an employee in the work place is or may be endangered by the air quality.

  • (2) The procedure shall include the following steps:

    • (a) a review of the nature and number of health or safety complaints;

    • (b) a visual inspection of the work place;

    • (c) the inspection of the HVAC system for cleanliness, operation and performance;

    • (d) a review of the maintenance schedule for the HVAC system;

    • (e) the assessment of building use as compared to the use for which it was designed;

    • (f) the assessment of actual level of occupancy as compared to the level for which the building was designed;

    • (g) the determination of potential sources of contaminants;

    • (h) the determination of levels of carbon dioxide, carbon monoxide, temperature, humidity and air motion, where necessary;

    • (i) the specification, where necessary, of tests to be conducted to determine levels of formaldehyde, particulates, airborne fungi and volatile organic compounds; and

    • (j) the identification of the standards or guidelines to be used in evaluating test results.

  • (3) In developing the procedure, the employer or the qualified person appointed by the employer shall take into account the Department of Health publication 93-EHD-166, entitled Indoor Air Quality in Office Buildings: A Technical Guide.

  • (4) Where the health or safety of an employee in a work place is or may be endangered by the air quality, the employer shall, without delay, appoint a qualified person to carry out an investigation in accordance with the procedure developed pursuant to subsection (1).

  • (5) The investigation shall be carried out in consultation with the work place committee or the health and safety representative.

  • (6) To the extent reasonably practicable, the employer shall, in consultation with the work place committee or the health and safety representative, remove or control any health or safety hazard that is identified in the course of the investigation.

  • (7) Every employer shall keep the records of every indoor air quality complaint and investigation for at least five years.

  • SOR/2000-374, s. 2;
  • SOR/2002-208, ss. 7, 40, 42.

PART IIITemporary Structures and Excavations

Application

 This Part applies to portable ladders, temporary ramps and stairs, temporary elevated work bases used by employees and temporary elevated platforms used for materials.

General

 No employee shall use a temporary structure where it is reasonably practicable to use a permanent structure.

  • SOR/94-263, s. 9(F).

 No employee shall work on a temporary structure in rain, snow, hail or an electrical or wind storm that is likely to be hazardous to the health or safety of the employee, except if the work is required to remove a hazard or to rescue an employee.

  • SOR/2002-208, s. 8.

 Tools, equipment and materials used on a temporary structure shall be arranged or secured in such a manner that they cannot be knocked off the structure accidentally.

  • SOR/88-632, s. 6(F).

 No employee shall use a temporary structure unless

  • (a) he has authority from his employer to use it; and

  • (b) he has been trained and instructed in its safe and proper use.

 
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