On Board Trains Occupational Health and Safety Regulations (SOR/87-184)

Regulations are current to 2018-07-05 and last amended on 2018-05-23. Previous Versions

 [Repealed, SOR/88-200, s. 9]

  •  (1) The employer shall keep a written record of the education and training given to each employee referred to in paragraphs 7.16(2)(a) to (c)

    • (a) readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and

    • (b) for two years after the day on which the employee ceases

      • (i) to handle or be exposed to or to be likely to handle or be exposed to the hazardous substance, or

      • (ii) to operate, maintain or repair the assembly of pipes.

  • (2) The record shall include the name of the employee who was educated and trained and the date of the education and training.

  • SOR/88-200, s. 10;
  • SOR/95-105, s. 25(F);
  • SOR/2015-143, s. 73(F);
  • SOR/2016-141, s. 25.

Medical Examinations

  •  (1) Where the report referred to in section 7.4 contains a recommendation for a medical examination, the employer may consult a physician regarding that recommendation.

  • (2) Where the employer

    • (a) consults a physician pursuant to subsection (1) and the physician confirms the recommendation for a medical examination, or

    • (b) does not consult a physician pursuant to subsection (1),

    the employer shall not permit an employee to work with 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) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the decision of the physician with the report referred to in section 7.4.

  • (4) The cost of a medical examination referred to in subsection (2) shall be borne by the employer.

  • SOR/88-200, ss. 11(E), 14;
  • SOR/2015-143, s. 73(F).

Control of Hazards

  •  (1) No employee shall be exposed to a concentration of

    • (a) an airborne chemical agent, other than airborne asbestos fibres, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time; or

    • (b) an airborne hazardous substance, other than a chemical agent, that is hazardous to the health or safety of the employee.

  • (1.1) An employer shall ensure that an employee’s exposure to a concentration of airborne asbestos fibres is as close to zero as is reasonably practicable, but in any event the employer shall ensure that the concentration is not in excess of the value for airborne asbestos fibres adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

  • (2) If there is a likelihood that the concentration of an airborne chemical agent may exceed the value referred to in paragraph (1)(a), the concentration of airborne asbestos fibres may exceed zero or that there is a concentration of an airborne hazardous substance that is hazardous to the health and safety of the employee, air samples shall be taken by a qualified person and the concentration of the chemical agent, airborne asbestos fibres or hazardous substance shall be determined

    • (a) in accordance with the standards set out in the United States National Institute for Occupational Safety and Health publication entitled NIOSH Manual of Analytical Methods, 5th edition, dated 2003;

    • (b) in accordance with a method used to collect and analyze 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

    • (c) if no specific standards for the chemical agent are set out in the publication referred to in paragraph (a) and no method that meets the requirements of paragraph (b) exists, in accordance with a scientifically proven method used to collect and analyze a representative sample of the chemical agent.

  • (3) A record of each test made pursuant to subsection (2) shall be kept by the employer for three years after the date of the test.

  • (4) A record referred to in subsection (3) shall 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.

  • SOR/88-200, s. 14;
  • SOR/95-105, s. 26(F);
  • SOR/2015-143, ss. 37, 72, 73(F);
  • SOR/2017-132, s. 6.
  •  (1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place shall be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

  • (2) Where 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 shall not exceed 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

 Compressed air, gas or steam shall not be used for blowing dust or other substances from structures, machinery or materials if

  • (a) there is a risk of any person being directly exposed to the jet or if a fire, explosion, injury or health hazard is likely to result from that use; or

  • (b) that use would result in either a concentration of an airborne chemical agent that is in excess of the values referred to in paragraph 7.20(1)(a) or subsection 7.20(1.1) or a concentration of an airborne chemical agent or combination of airborne chemical agents that is in excess of the maximum concentration set out in subsection 7.21(1) or (2).

  • SOR/2015-143, s. 38;
  • SOR/2017-132, s. 7.
  •  (1) Compressed air shall not be used for cleaning clothing contaminated with

    • (a) asbestos; or

    • (b) another airborne chemical agent with an exposure limit referred to in paragraph 7.20(1)(a) that is lower than 1 mg/m3.

  • (2) If compressed air is used to clean any other clothing,

    • (a) eye protectors that meet the standards set out in CSA Standard CAN/CSA-Z94.3-07, Eye and Face Protectors, as amended from time to time, shall be worn; and

    • (b) either the maximum compressed air pressure in the pipeline shall be 69 kPa (10 psi) or a safety nozzle limiting the air pressure to no more than 69 kPa (10 psi) shall be used.

  • SOR/2015-143, s. 38.

 [Repealed, SOR/2015-143, s. 39]

Ionizing and Non-ionizing Radiation

  •  (1) If a device that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used in a work place, the employer shall apply the limits set out in Limits of Human Exposure to Radiofrequency Electromagnetic Energy in the Frequency Range from 3 kHz to 300 GHz – Safety Code 6 (2009), published by the Department of Health, as amended from time to time.

  • (2) If an employee works on or near a device that is capable of emitting nuclear energy, the employer shall ensure that the employee’s exposure to nuclear energy does not exceed the radiation dose limits set out in the Radiation Protection Regulations.

  • (3) The employer shall ensure that no employee, other than a nuclear energy worker as defined in section 2 of the Nuclear Safety and Control Act, is exposed in the course of any year to a concentration of radon that on average, over the year, is higher than 800 Bq/m3.

  • SOR/2015-143, s. 39.

DIVISION IIHazardous Substances Other than Hazardous Products

[SOR/2015-143, s. 73(F), SOR/2016-141, s. 26]

Asbestos Exposure Management Program

Asbestos-containing Material

  •  (1) If asbestos-containing material is present in a work place and there is the potential for a release of asbestos fibres or employee exposure to asbestos fibres, an employer shall ensure that the qualified person who is carrying out a hazard investigation under section 7.3 takes into consideration the type of asbestos, the condition of the asbestos-containing material, the friability of the asbestos-containing material, the accessibility to and likelihood of damage to the asbestos-containing material and the potential for the release of asbestos fibres or employee exposure to asbestos fibres.

  • (2) At the completion of an investigation carried out under section 7.3, the employer shall ensure that a readily available record of the location, friability and condition of the asbestos-containing material and the type of asbestos contained in the asbestos-containing material is kept and maintained for examination by employees and is in any form as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

  • SOR/2017-132, s. 8.
 
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