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Maritime Occupational Health and Safety Regulations (SOR/2010-120)

Regulations are current to 2022-06-20 and last amended on 2022-05-02. Previous Versions

PART 20Hazardous Substances (continued)

DIVISION 2Hazardous Substances Other than Hazardous Products (continued)

[
  • SOR/2016-141, s. 68
]

Asbestos Exposure Management Program (continued)

 If an employee who is undertaking automotive service procedures may be exposed to asbestos from friction material or dust arising from that material, an employer must ensure that

  • (a) the use of compressed air, brushes or similar means to dry-remove friction material dust from automotive assemblies is prohibited; and

  • (b) signs to advise employees of the hazards and required precautions are posted in service work areas where friction material is handled or dust arising from that material is generated.

  • SOR/2017-132, s. 16
Asbestos Dust, Waste and Debris Removal
  •  (1) During any work activities that involve friable asbestos-containing materials, an employer shall ensure that the following activities are carried out frequently and at regular intervals as determined by a qualified person, at the end of each work shift and immediately after the work activity is completed:

    • (a) all asbestos dust, waste and debris are removed by vacuuming with a vacuum cleaner that is equipped with a HEPA filter, damp-mopping or wet-sweeping the area that is contaminated with the asbestos dust, waste or debris; and

    • (b) any drop sheets that are contaminated with asbestos dust, waste or debris are wetted.

  • (2) All asbestos dust, waste or debris and any drop sheets that are contaminated with asbestos dust, waste or debris must be placed in a container referred to in section 257.92.

  • SOR/2017-132, s. 16

 If a glove bag is used for the removal of asbestos insulation from pipes, ducts and similar structures, an employer must ensure that

  • (a) the glove bag is sealed to prevent the release of asbestos fibres into the work area;

  • (b) the glove bag is inspected for damage or defects immediately before it is attached to the pipe, duct or similar structure and at regular intervals during its use;

  • (c) all waste from asbestos-containing material that is on surfaces is washed to the bottom of the glove bag and all exposed asbestos-containing material is encapsulated when it is inside the glove bag;

  • (d) the glove bag is evacuated using a vacuum cleaner that is equipped with a HEPA filter to remove the air inside the bag prior to the removal of the glove bag; and

  • (e) after the glove bag is removed, all exposed surfaces are cleaned with a damp cloth and a vacuum cleaner that is equipped with a HEPA filter.

  • SOR/2017-132, s. 16
Decontamination
  •  (1) Before leaving a work area that is contaminated with asbestos-containing material, an employee must

    • (a) if their protective clothing is to be reused, decontaminate the clothing with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter before taking the clothing off; or

    • (b) if their protective clothing is not to be reused, place the clothing in a container referred to in section 257.92.

  • (2) An employer must provide employees with a facility reserved for washing their hands and face, and employees must wash their hands and face using that facility before leaving a work area that is contaminated with asbestos-containing material.

  • SOR/2017-132, s. 16

 As soon as feasible after any work activity that involves asbestos-containing material is completed, an employee must clean reusable tools, equipment, rigid barriers and portable enclosures that are contaminated with asbestos with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter.

Air Sampling
  •  (1) An employer must ensure that a qualified person takes air samples to test for airborne asbestos fibres

    • (a) in the vicinity of the containment system during any work activity that involves asbestos-containing material and, in the case of a work activity that lasts longer than 24 hours, at least daily;

    • (b) in the clean room during removal and clean-up operations and, in the case of removal and clean-up operations that last longer than 24 hours, at least daily; and

    • (c) in contaminated areas that are inside the containment system as necessary during removal and clean-up operations.

  • (2) The employer must ensure that the following air samples are taken:

    • (a) two samples for every area in an enclosure that is 10 m2 or less;

    • (b) three samples for every area in an enclosure that is more than 10 m2 and not more than 500 m2; and

    • (c) five samples for every area in an enclosure that is more than 500 m2.

  • (3) Within 24 hours after obtaining the air sampling test results, the employer must

    • (a) post a copy of the results in a conspicuous place in the work place; and

    • (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative.

  • SOR/2017-132, s. 16
Clearance Air Sampling
  •  (1) Before dismantling a containment system and after all asbestos dust, waste and debris have been cleaned up, removed or encapsulated, an employer must ensure that clearance air samples are taken inside the enclosure and that the concentration of airborne asbestos fibres is determined in accordance with Method 7400 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 airborne asbestos fibres.

  • (2) When conducting clearance air sampling, the employer shall ensure that forced air is used inside the enclosure to dislodge any asbestos fibres from all surfaces and keep them airborne.

  • (3) Clearance air sampling shall be taken until the concentrations of airborne asbestos fibres do not exceed the values referred to in subsection 255(1.1).

  • SOR/2017-132, s. 16

 Within 24 hours after obtaining the clearance air sampling test results, the employer must

  • (a) post a copy of the results in a conspicuous place in the work place; and

  • (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative, and provide a copy of the results to the Head of Compliance and Enforcement.

Containers for Asbestos Dust, Waste and Debris

 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material must be

  • (a) dust-tight;

  • (b) suitable to contain asbestos dust, waste or debris;

  • (c) impervious to asbestos;

  • (d) identified as containing asbestos dust, waste or debris;

  • (e) cleaned with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter immediately before being removed from the work area; and

  • (f) removed from the work place frequently and at regular intervals as determined by a qualified person.

  • SOR/2017-132, s. 16
  •  (1) Every container of a hazardous substance, other than a hazardous product, that is stored, handled, used or disposed of on a vessel must be labelled in a manner that discloses clearly

    • (a) the name of the substance;

    • (b) the hazardous properties of the substance; and

    • (c) the manner in which the product can be safely disposed of.

  • (2) If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled or used on board a vessel may be obtained from the supplier of the hazardous substance, the employer must

    • (a) obtain a copy of the safety data sheet; and

    • (b) make the copy of the safety data sheet 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.

  • SOR/2016-141, ss. 59, 68

DIVISION 3Hazardous Products

[
  • SOR/2016-141, s. 68
]

Interpretation

 The following definitions apply in this Division.

bulk shipment

bulk shipment has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations. (expédition en vrac)

container

container means any package or receptacle including a bag, barrel, bottle, box, can, cylinder, drum and storage tank. (contenant)

fugitive emission

fugitive emission means a hazardous product in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a product into the work place. (émission fugitive)

hazardous waste

hazardous waste means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal. (résidu dangereux)

laboratory sample

laboratory sample has the same meaning as in subsection 5(1) of the Hazardous Products Regulations. (échantillon pour laboratoire)

significant new data

significant new data has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations. (nouvelles données importantes)

supplier label

supplier label means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (étiquette du fournisseur)

supplier safety data sheet

supplier safety data sheet means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (fiche de données de sécurité du fournisseur)

work place label

work place label means a label prepared by an employer in accordance with this Division. (étiquette du lieu de travail)

work place safety data sheet

work place safety data sheet means a safety data sheet prepared by an employer in accordance with subsection 263(1) or (2). (fiche de données de sécurité du lieu de travail)

  • SOR/2016-141, s. 60

Application

  •  (1) This Division does not apply in respect of any

    • (a) employee employed in the loading or unloading of a vessel not registered in Canada, other than an employee employed on an uncommissioned vessel of Her Majesty in right of Canada;

    • (b) tobacco or a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act;

    • (c) manufactured article as defined in section 2 of the Hazardous Products Act; or

    • (d) wood or a product made of wood.

  • (2) This Division, other than section 272, does not apply in respect of hazardous waste.

  • SOR/2016-141, s. 61
  • 2018, c. 9, s. 77

Safety Data Sheets and Labels in Respect of Certain Hazardous Products

 Subject to section 271, every employer must comply with the same requirements as those set out in subsection 258(1) in respect of a hazardous product and may, in so doing, replace the generic name of the product with the brand name, chemical name, common name or trade name, if the hazardous product

  • (a) is present on board a vessel;

  • (b) was received from a supplier; and

  • (c) is one of the following:

  • SOR/2016-141, s. 61

Supplier Safety Data Sheets

  •  (1) If a hazardous product, other than a hazardous product referred to in paragraph 261(c), is received by an employer on board a vessel, the employer must, at the time the hazardous product is received, obtain a supplier safety data sheet in respect of the hazardous product from the supplier, unless the employer is already in possession of a supplier safety data sheet that

    • (a) is for a hazardous product that both has the same product identifier and is from the same supplier;

    • (b) discloses information that is current at the time that the hazardous product is received; and

    • (c) was prepared and dated less than three years before the day on which the hazardous product is received.

  • (2) If the supplier safety data sheet in respect of a hazardous product on board a vessel is three years old or more, the employer must, if feasible, obtain from the supplier a current supplier safety data sheet.

  • (3) If it is not feasible for an employer to obtain a current supplier safety data sheet, the employer must update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data that the employer is aware.

  • (4) The employer is exempt from the requirements of subsection (1) if a laboratory sample of a hazardous product is received on board a vessel from a supplier who is exempted by the Hazardous Products Regulations from the requirement to provide a safety data sheet for that product.

Work Place Safety Data Sheets

  •  (1) Subject to section 271, if an employer produces on board a vessel a hazardous product other than a fugitive emission or an intermediate product undergoing reaction within a reaction or process vessel, the employer must prepare a work place safety data sheet in respect of the hazardous product.

  • (2) Subject to section 271, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used on board a vessel in place of the supplier safety data sheet if

    • (a) the work place safety data sheet discloses at least the information disclosed on the supplier safety data sheet;

    • (b) the information disclosed on the work place safety data sheet does not disclaim or contradict the information disclosed on the supplier safety data sheet;

    • (c) the supplier safety data sheet is readily available for examination by employees on board the vessel 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

    • (d) the work place safety data sheet discloses that the supplier safety data sheet is available on the vessel.

  • (3) An employer must review the accuracy of the information disclosed on a work place safety data sheet referred to in subsection (1) or (2) and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

  • (4) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer must, in place of the information, insert the words “not available” or “not applicable”, as the case may be, in the English version and the words “non disponible” or “sans objet”, as the case may be, in the French version, of the work place safety data sheet.

 
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