PART 19Materials Handling and Storage (continued)
DIVISION 3Maintenance, Operation and Use (continued)
Safe Working Loads
240 (1) Materials handling equipment must not be used or operated with a load that is in excess of its safe working load.
(2) Subject to subsections (3) and (4), the safe working load of materials handling equipment must be clearly marked on the equipment or on a label securely attached to a permanent part of the equipment in a position where the mark or label can be easily read by the operator of the equipment.
(3) If derricks are certified for and marked with a safe working load for operation in union purchase, the load lifted when in union purchase must not be more than that safe working load.
(4) If derricks are operated in union purchase and they are not certified and marked in accordance with subsection (3)
(a) the load lifted must not be in excess of one-half of the safe working load of the derrick with the smaller capacity;
(b) the angle formed by the cargo runners must not be more than 120°; and
(c) the attachments and fittings of the cargo runners, guy wires and preventers must be suitable for the loads to which they are subjected.
241 (1) On any route that is regularly travelled by materials handling equipment, the overhead and side clearances must be adequate to permit the equipment and its load to be manoeuvred safely by an operator.
(2) Materials handling equipment must not be operated in an area in which it may contact an electrical cable, pipeline or other overhead hazard known to the employer, unless the operator has been
(a) warned of the presence of the hazard;
(b) informed of the location of the hazard; and
(c) informed of the safety clearance that must be maintained with respect to the hazard in order to avoid accidental contact with it.
DIVISION 4Manual Handling of Materials
242 (1) If, because of the weight, size, shape, toxicity or other characteristic of materials, goods or things, the manual handling of them may be hazardous to the health or safety of an employee, the employer must issue instructions that the materials, goods or things are, if feasible, not to be handled manually.
(2) If an employee is required to manually lift or carry a load in excess of 10 kg, the employer must train and instruct the employee
(a) in a safe method of lifting and carrying the load; and
(b) in a work procedure appropriate to the employee’s physical condition and the conditions of the work place.
PART 20Hazardous Substances
243 The following definitions apply in this Part.
- airborne asbestos fibres
airborne asbestos fibres means asbestos fibres that are longer than 5 μm (micrometres) with an aspect ratio equal to or greater than 3:1 and that are carried by the air. (fibres d’amiante aéroportées)
- airborne chrysotile asbestos
airborne chrysotile asbestos[Repealed, SOR/2017-132, s. 13]
asbestos means actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite in their fibrous form. (amiante)
- asbestos-containing material
asbestos-containing material means
(a) any article that is manufactured and contains 1% or more asbestos by weight at the time of manufacture or that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material; and
(b) any material that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material. (matériau contenant de l’amiante)
- clearance air sampling
clearance air sampling means the action of taking samples to determine if the concentration of airborne asbestos fibres inside an enclosure is below the limit referred to in section 255 to permit the dismantling of a containment system. (échantillonnage de l’air après décontamination)
- containment system
containment system means an isolation system that is designed to effectively contain asbestos fibre within a designated work area where asbestos-containing material is handled, removed, encapsulated or enclosed. (système de confinement)
encapsulation means the treatment of an asbestos-containing material with a sealant that penetrates the material and binds the asbestos fibres together, and the treatment of the surface of the asbestos-containing material with a sealant that creates a membrane on the surface, to prevent the release of asbestos fibres into the air. (encapsulation)
enclosure means a physical barrier such as drywall, plywood or metal sheeting that, as part of the containment system, isolates asbestos-containing material from adjacent areas in a building to prevent the release of airborne asbestos fibres into those areas. (encloisonnement)
friable means, in respect of asbestos-containing material, that the material, when dry, can be easily crumbled or powdered by hand pressure. (friable)
- glove bag
glove bag means a polyethylene or polyvinyl chloride bag that is affixed around an asbestos-containing source and that permits asbestos-containing material to be removed while minimizing the release of airborne asbestos fibres into the work place. (sac à gants)
- hazard information
hazard information means, in respect of a hazardous substance, information on the proper and safe storage, handling, use and disposal of the hazardous substance, including information relating to the health and physical hazards that it presents. (renseignements sur les risques)
- HEPA filter
HEPA filter means a high-efficiency particulate air filter that has been tested to ensure efficiency equal to or exceeding 99.97% for removal of airborne particles having a mean aerodynamic diameter of 0.3 µm (micrometres) from the air. (filtre HEPA)
- high-risk activity
high-risk activity means an activity that involves the handling or disturbance of friable asbestos-containing material or is carried out in proximity to friable asbestos-containing material, that requires a high level of control to prevent exposure to excessive concentrations of airborne asbestos fibres and that includes
(a) the removal or disturbance of more than 1 m2 of friable asbestos-containing material in a work place, even if the activity is divided into smaller jobs,
(b) the spray application of a sealant to a friable asbestos-containing material,
(c) the cleaning or removal of air-handling equipment, other than filters, in a building that has sprayed-on fireproofing or sprayed-on thermal insulation that is asbestos-containing material,
(d) the repair, alteration or demolition of all or part of a kiln, metallurgical furnace or similar structure that contains asbestos-containing material,
(e) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the activity is carried out by means of power tools that are not attached to dust-collecting devices equipped with HEPA filters, and
(f) the repair, alteration or demolition of all or part of a building in which asbestos is or was used in the manufacture of products, unless the asbestos was cleaned up and removed. (activité à risque élevé)
- lower explosive limit
lower explosive limit means the lower limit of flammability of a chemical agent or a combination of chemical agents at ambient temperature and pressure, expressed
(a) for a gas or vapour, as a percentage in air by volume; and
(b) for dust, as the weight of dust per volume of air. (limite explosive inférieure)
- low-risk activity
low-risk activity means an activity that involves the handling of asbestos-containing material or is carried out in proximity to non-friable asbestos-containing material and that includes
(a) the installation or removal of ceiling tiles that are made of non-friable asbestos-containing material and cover an area of less than 7.5 m2,
(b) the installation or removal of other non-friable asbestos-containing material, if the material is not being broken, cut, drilled, abraded, ground, sanded or vibrated and dust is not being generated,
(c) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the material is wetted to control the spread of dust or fibres and the activity is carried out only by means of non-powered hand-held tools, and
(d) the removal of less than 1 m² of drywall in which joint cement containing asbestos has been used. (activité à faible risque)
- moderate-risk activity
moderate-risk activity means an activity that involves the handling of asbestos-containing material or is carried out in proximity to friable asbestos-containing material, that is not otherwise classified as a low-risk activity or high-risk activity and that includes
(a) the removal of all or part of a false ceiling to gain access to a work area, if asbestos-containing material is likely to be found on the surface of the false ceiling,
(b) the removal or disturbance of 1 m2 or less of friable asbestos-containing material during repair, alteration, maintenance or demolition work in a work place,
(c) the enclosure of friable asbestos-containing material,
(d) the application of tape, sealant or other covering to pipe or boiler insulation that is asbestos-containing material,
(e) the removal of ceiling tiles that are asbestos-containing material, if the tiles cover an area of greater than 2 m2 and are removed without being broken, cut, drilled, abraded, ground, sanded or vibrated,
(f) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the material is not wetted to control the spread of dust or fibres and the activity is carried out only by means of non-powered hand-held tools,
(g) the removal of 1 m2 or more of drywall in which joint cement that is asbestos-containing material has been used,
(h) the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of non-friable asbestos-containing material, if the activity is carried out by means of power tools that are attached to dust-collecting devices equipped with HEPA filters,
(i) the removal of insulation that is asbestos-containing material from a pipe, duct or similar structure using a glove bag, and
(j) the cleaning or removal of filters used in air-handling equipment in a building that has sprayed-on fireproofing that is asbestos-containing material. (activité à risque modéré)
- product identifier
product identifier has the same meaning as in subsection 1(1) of the Hazardous Products Regulations. (identificateur de produit)
- readily available
readily available means, in respect of a document, present and easily accessible at the work place at all times. (facilement accessible)
supplier has the same meaning as in section 2 of the Hazardous Products Act. (fournisseur)
- work activity
work activity means any low-risk activity, moderate-risk activity or high-risk activity or any activity that is ancillary to that activity, and the supervision of that activity and that ancillary activity. (activité de travail)
- SOR/2016-141, s. 54
- SOR/2017-132, s. 13
244.1 Every employer must keep a record of all hazardous substances that are used, produced, handled or stored for use in the work place, and may either keep such a record in the work place or keep a centralized record in respect of several work places in one work place.
245 (1) If the health or safety of an employee is likely to be endangered by exposure to a hazardous substance in a work place, the employer shall, without delay,
(a) appoint a marine chemist or other qualified person to carry out an investigation; and
(b) notify the work place committee or the health and safety representative, as the case may be, of the proposed investigation and of the name of the person appointed to carry out that investigation.
(2) In the investigation, the following criteria must 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 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) whether the percentage of oxygen is within the range prescribed in section 196;
(h) the value, level or percentage of the hazardous substance to which an employee is likely to be exposed; and
(i) whether the value, level or percentage referred to in paragraph (h) is likely to be more than that prescribed in sections 195 or 255.
(3) On completion of the investigation referred to in subsection (1) and after consultation with the work place committee or the health and safety representative, as the case may be, the marine chemist or other qualified person must set out in a written report signed by that person
(a) the person’s observations respecting the criteria considered in accordance with subsection (2); and
(b) the person’s recommendations respecting the manner of compliance with sections 246 to 257.
(4) The employer must keep the report for a period of 30 years after the day on which the marine chemist or other qualified person signed the report.
Substitution of Substances
246 No person is to use a hazardous substance in a work place if a non-hazardous substance or one that is less hazardous can be used instead.
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