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

Regulations are current to 2019-06-20 and last amended on 2018-06-25. Previous Versions

PART 20Hazardous Substances (continued)

DIVISION 1General (continued)

Medical Examinations

  •  (1) If the report referred to in subsection 245(3) contains a recommendation for a medical examination, the employer may consult a physician regarding that recommendation.

  • (2) If the employer consults a physician and the physician confirms the recommendation for a medical examination, or if an employer does not consult a physician, the employer must not permit an employee to handle 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) If an employer consults a physician, the employer must keep a copy of the decision of the physician with the report.

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

Control of Hazards

  •  (1) An employee must not be exposed to a concentration of

    • (a) an airborne chemical agent, other than airborne grain dust, airborne flour dust, and airborne asbestos fibres, in excess of the value for that chemical agent adopted by the most recent edition of the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs);

    • (b) airborne grain dust in excess of 4 mg/m3;

    • (c) airborne flour dust in excess of 3 mg/m3; or

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

  • (1.1) An employer must 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 must 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 applicable value referred to in paragraph (1)(a), (b) or (c), the concentration of airborne asbestos fibres may exceed zero or there is a concentration of an airborne hazardous substance that is hazardous to the health and safety of the employee, the air must be sampled by a qualified person and the concentration of the chemical agent, airborne asbestos fibres or hazardous substance must be determined by means of a test in accordance with

    • (a) the NIOSH standards set out in the 5th edition of the NIOSH Manual of Analytical Methods (NMAM);

    • (b) a method set out in the United States Federal Register, volume 40, number 33, dated February 18, 1975, as amended by volume 41, number 53, dated March 17, 1976;

    • (c) a method that collects and analyzes 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

    • (d) if no specific standards for the chemical agent are listed in the standards referred to in paragraph (a) and no method is available under paragraph (b) or (c), a scientifically proven method used to collect and analyze a representative sample of the chemical agent.

  • (3) A paper or electronic record of each test made under subsection (2) must be kept by the employer on board the vessel where the concentration was sampled for a period of three years after the day on which the test was made.

  • (4) A record must 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.

  • (5) Subject to subsection (6), the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place must be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

  • (6) If 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 must not be more than 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

  • SOR/2016-141, s. 58
  • SOR/2017-132, s. 14
  • SOR/2018-137, s. 2
  •  (1) Compressed air, gas or steam must 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 a concentration of an airborne hazardous substance that is in excess of the values referred to in paragraph 255(1)(a) or subsection 255(1.1) or the limits referred to in subsections 255(5) or (6).

  • (2) Compressed air must not be used for cleaning clothing contaminated with

    • (a) asbestos; or

    • (b) a hazardous substance having an exposure limit referred to in paragraph 255(1)(a) or (b) lower than 1 mg/m3.

  • (3) If compressed air is used to clean clothing,

    • (a) appropriate eye protection must be worn; and

    • (b) the maximum compressed air pressure in the line is to be 69 kPa or a safety nozzle limiting the air pressure to no more than 69 kPa must be used.

  • (4) Compressed air must be used in a manner that the air is not directed forcibly against any person.

  • SOR/2017-132, s. 15

Explosives

 All blasting using dynamite, blasting caps or other explosives must be done by a qualified person who, if required under the laws of the province in which the blasting is carried out, holds a blasting certificate or any other authorization that may be required under those laws.

DIVISION 2Hazardous Substances Other than Hazardous Products

[SOR/2016-141, s. 68]

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 must ensure that the qualified person who is carrying out a hazard investigation under section 245 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 245, the employer must 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. 16
Asbestos Exposure Control Plan

 Before undertaking any work activity that involves asbestos-containing material, an employer must, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and administer an asbestos exposure control plan that requires the employer to

  • (a) ensure that a hazard investigation under section 245 has been carried out by a qualified person and, in the event that there is a change in the work activity, review any report that was prepared as a result of the investigation and, if necessary, have a qualified person carry out another investigation;

  • (b) ensure that a qualified person classifies the work activity as a low-risk activity, moderate-risk activity or high-risk activity;

  • (c) ensure that all asbestos-containing material present in the work place that is exposed or that will be disturbed is identified by signs and labels or by any other effective manner;

  • (d) ensure that all friable asbestos-containing material present in the work place is controlled by removal, enclosure or encapsulation or by any other effective manner to prevent employee exposure to asbestos;

  • (e) ensure that procedures and control measures for moderate-risk activities and high-risk activities are developed and implemented; and

  • (f) develop and implement an employee education and training program that is specific to asbestos-containing material.

  • SOR/2017-132, s. 16

 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
 
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