7.2 Sections 7.3 to 7.5, 7.24, 7.25, 7.28 to 7.32 and 7.34 to 7.38 do not apply to the transportation or handling of dangerous goods to which the Transportation of Dangerous Goods Act and regulations made thereunder apply.
- SOR/88-200, s. 5.
7.3 (1) Where there is a likelihood that the safety or health 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; and
(b) notify the safety and health committee or the safety and health representative, if either exists, of the proposed investigation and of the name of the qualified person appointed to carry out that investigation.
(2) In the 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 effects on safety and health of exposure to the hazardous substance;
(d) the state, concentration and quantity of the hazardous substance handled;
(e) the manner in which the hazardous substance is handled;
(f) the control methods used to eliminate or reduce exposure to the hazardous substance;
(g) the value, level or percentage of the hazardous substance to which an employee is likely to be exposed; and
(h) whether the value, level or percentage referred to in paragraph (g) is likely to
(i) exceed that prescribed in section 7.20 or 7.21 or Part IV, or
(ii) be less than that prescribed in Part III.
- SOR/88-200, s. 14;
- SOR/95-105, s. 20.
7.4 On completion of the investigation referred to in subsection 7.3(1) and after consultation with the safety and health committee or the safety and health representative, if either exists, the qualified person shall set out in a written report signed by the person
(a) the person’s observations respecting the criteria considered in accordance with subsection 7.3(2); and
(b) the person’s recommendations respecting the manner of compliance with sections 7.6 to 7.23.
- SOR/95-105, s. 21.
7.5 The report referred to in section 7.4 shall be kept by the employer for a period of two years after the date on which the qualified person signed the report.
Substitution of Substances
7.6 (1) No person shall use a hazardous substance for any purpose in a work place where it is reasonably practicable to substitute for it a substance that is not a hazardous substance.
(2) Where a hazardous substance is to be used for any purpose in a work place 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 where reasonably practicable.
- SOR/88-200, s. 14;
- SOR/95-105, s. 22.
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