11.2 This Part does not apply to the transportation or handling of dangerous goods to which the Transportation of Dangerous Goods Act and regulations made thereunder apply.
- SOR/88-199, s. 5.
11.3 (1) If 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, by insufficient lighting or excessive sound level, the employer shall, without delay,
(a) appoint a qualified person to carry out an investigation; and
(b) notify the work place committee or the health and safety 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 to safety and health caused by 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 possibility that the concentration of the hazardous substance to which an employee is likely to be exposed exceeds the limit referred to in section 11.23;
(h) the possibility that the level of lighting in the work place is less than the level prescribed in Part VII; and
(i) the possibility that the level of sound in the work place is greater than the level prescribed in Part VIII.
- SOR/88-199, s. 19;
- SOR/94-165, s. 35;
- SOR/2014-141, s. 3.
11.4 On completion of the investigation referred to in subsection 11.3(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 qualified person
(a) his observations respecting the criteria considered in accordance with subsection 11.3(2); and
(b) his recommendations respecting the manner of compliance with sections 11.6 to 11.28.
- SOR/94-165, s. 36.
11.5 The report referred to in section 11.4 shall be kept by the employer at the work place to which it applies for one year after the date on which the qualified person signed the report.
Substitution of Substances
11.6 (1) A hazardous substance shall not be used for any purpose in a work place if it is reasonably practicable to substitute therefor a substance that is not a hazardous substance.
(2) Where a hazardous substance is required 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/88-199, s. 19;
- SOR/2014-141, s. 14(F).
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