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

10.2 This Part does not apply to the handling or transportation of dangerous goods to which the Transportation of Dangerous Goods Act, 1992 and regulations made thereunder apply.

10.3 Every employer shall keep and maintain a record of all hazardous substances that, in the work place, are used, produced, handled, or stored for use in the work place, and may either keep and maintain such a record in the work place or keep and maintain a centralized record in respect of several work places, in one work place.

• 10.4 (1) If there is a likelihood that the health or safety of an employee in a work place is or may be endangered by exposure to a hazardous substance, the employer shall, without delay,

  • (a) appoint a qualified person to carry out an investigation in that regard; and

  • (b) for the purposes of providing for the participation of the work place committee or the health and safety representative in the investigation, notify either of the proposed investigation and of the name of the qualified person appointed to carry out that investigation.

• (2) In an investigation referred to in subsection (1), 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 employees to the hazardous substance;

  • (g) the concentration or level of the hazardous substance to which an employee is likely to be exposed;

  • (h) whether the concentration of an airborne chemical agent or the level of ionizing or non-ionizing radiation is likely to exceed 50 per cent of the values referred to in subsection 10.19(1) or the levels referred to in subsections 10.26(3) and (4); and

  • (i) whether the level referred to in paragraph (g) is likely to exceed or be less than that prescribed in Part VI.

10.5 On completion of an investigation referred to in subsection 10.4(1) and after consultation with the work place committee or the health and safety representative,

• (a) the qualified person shall set out in a written report signed by the qualified person

  • (i) the qualified person’s observations respecting the criteria considered in accordance with subsection 10.4(2), and

  • (ii) the qualified person’s recommendations respecting the manner of compliance with sections 10.7 to 10.26, including recommendations respecting sampling and testing methods; and

• (b) the employer shall develop and maintain a written procedure for the control of the concentration or level of the hazardous substance in the work place.