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PART 10Hazardous Substances (continued)

DIVISION 1General (continued)

Employee Education (continued)

 A written record of the employee education program referred to in subsection 132(1) must be kept by the employer readily available for examination by employees for as long as the employees

  • (a) handle or are exposed to or are likely to handle or be exposed to the hazardous substance; or

  • (b) operate, maintain or repair the assembly of pipes.

Medical Examinations

  •  (1) If the report referred to in section 119 contains a recommendation for a medical examination, the employer may, regarding that recommendation, consult a physician who has specialized knowledge in respect of the hazardous substance in the workplace.

  • (2) If the employer does not consult a physician, or if the employer does consult a physician and the physician confirms the recommendation for a medical examination, the employer must not permit an employee to work with the hazardous substance in the workplace until a physician who has the specialized knowledge referred to in subsection (1) and is 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 referred to in section 119.

  • (4) The cost of a medical examination must 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 grain dust, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values and Biological Exposure Indices;

    • (b) airborne grain dust, respirable and non-respirable, in excess of 10 mg/m3; or

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

  • (2) If there is a likelihood that the concentration of an airborne chemical agent may exceed the value referred to in paragraph (1)(a) or (b), the air must be sampled and the concentration of the chemical agent determined by a qualified person by a test in accordance with

    • (a) the standards set out by the United States National Institute for Occupational Safety and Health in its publication entitled NIOSH Manual of Analytical Methods; or

    • (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.

  • (3) A record of each test made under subsection (2) must be kept by the employer at the employer’s place of business nearest to the workplace where the air was sampled for two years after the date of the test.

  • (4) The 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.

  • SOR/2017-116, s. 20
  •  (1) Subject to subsections (2) and (3), the concentration of an airborne chemical agent or combination of chemical agents in a workplace must be less than 50% of the lower explosive limit of the chemical agent or combination of chemical agents.

  • (2) If a source of ignition may ignite the concentration of an airborne chemical agent or combination of chemical agents in a workplace, that concentration must not exceed 10% of the lower explosive limit of the chemical agent or combination of chemical agents.

  • (3) Subsection (1) does not apply if

    • (a) the workplace is a hazardous location as defined in the Canadian Electrical Code, published by the CSA;

    • (b) the workplace is equipped with an alarm system that will automatically be activated when the concentration referred to in subsection (1) exceeds 60% of the lower explosive limit of the chemical agent or combination of chemical agents; and

    • (c) no employee is exposed to a level in excess of 75% of the lower explosive limit of the chemical agent or combination of chemical agents.

  • SOR/2017-116, s. 21
  •  (1) Compressed air must be used in such a manner that the air is not directed forcibly against any person.

  • (2) When compressed air is used, its use must not result in a concentration of a hazardous substance in the atmosphere in excess of the value for the hazardous substance prescribed in subsection 135(1).

Explosives

  •  (1) A detonator must not be stored with an explosive that is not a detonator.

  • (2) A detonator must not be stored with a detonator of a different type.

  • (3) Not more than 75 kg of explosives must be stored on a drilling unit or offshore production facility.

  • (4) Explosives must be stored in a locked container that is accessible only to a qualified person.

  •  (1) Explosives must be used, stored and controlled by a qualified person.

  • (2) The qualified person must make a record of all explosives used or stored by the qualified person or removed for use.

  • (3) The record must be kept readily accessible at the workplace and must contain

    • (a) the type and amount of explosives used, stored or removed for use;

    • (b) the date of use, storage or removal;

    • (c) particulars of the use of the explosive; and

    • (d) the name of the qualified person who made the record.

Radiation-Emitting Devices

  •  (1) When a device that is capable of producing and emitting energy in the form of electromagnetic waves or acoustical waves is used in a workplace, the employer must, if the device is referred to in subsection (2), adopt and implement the applicable safety code of the Health Canada’s Radiation Protection Bureau as specified in that subsection.

  • (2) For the purposes of subsection (1), the applicable safety code is

    • (a) in respect of radiofrequency and microwave devices in the frequency range 10 MHz to 300 GHz, Safety Code 6;

    • (b) in respect of X-ray equipment in medical diagnosis, Safety Code 35;

    • (c) in respect of baggage inspection X-ray equipment, Safety Code – 29;

    • (d) in respect of dental X-ray equipment, Safety Code – 30;

    • (e) in respect of ultrasound, Guidelines for the Safe Use of Diagnostic Ultrasound and Safety Code 24; and

    • (f) in respect of short-wave diathermy, Safety Code 25.

  • SOR/2017-116, s. 22

DIVISION 2Hazardous Substances Other Than Controlled Products

Identification

 Every container of a hazardous substance, other than a controlled product, that is stored, handled or used in the workplace must be labelled in a manner that discloses clearly the name of the substance and the hazardous properties of the substance.

 If a material safety data sheet pertaining to a hazardous substance, other than a controlled product, that is stored, handled or used in a workplace may be obtained from the supplier of the hazardous substance, the employer must

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

  • (b) keep a copy of the material safety data sheet readily available in the workplace for examination by employees.

DIVISION 3Controlled Products

Interpretation

 The following definitions apply in this Division.

bulk shipment

bulk shipment means a shipment of a controlled product that is contained, without intermediate containment or intermediate packaging, in

  • (a) a tank with a water capacity of more than 454 L;

  • (b) a freight container or a portable tank;

  • (c) a road vehicle, railway vehicle or ship; or

  • (d) a pipeline. (expédition en vrac)

fugitive emission

fugitive emission means a controlled product in gas, liquid or solid form that escapes from processing equipment, from control emission equipment or from a product. (émission fugitive)

hazardous waste

hazardous waste means a controlled product that is intended solely for disposal or is sold for recycling or recovery. (résidu dangereux)

manufactured article

manufactured article means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, under normal conditions of use, will not release or otherwise cause a person to be exposed to a controlled product. (article manufacturé)

readily available

readily available means present in an appropriate place in a physical copy form that can be handled. (facilement accessible)

risk phrase

risk phrase means, in respect of a controlled product, a statement identifying a hazard that may arise from the use of or exposure to the controlled product. (mention de risque)

sale

sale includes offer for sale, expose for sale and distribute. (vente)

supplier label

supplier label means, in respect of a controlled product, a label prepared by a supplier under the Hazardous Products Act. (étiquette du fournisseur)

supplier material safety data sheet

supplier material safety data sheet means, in respect of a controlled product, a material safety data sheet prepared by a supplier under the Hazardous Products Act. (fiche signalétique du fournisseur)

workplace label

workplace label means, in respect of a controlled product, a label prepared by an employer under this Division. (étiquette du lieu de travail)

workplace material safety data sheet

workplace material safety data sheet means, in respect of a controlled product, a material safety data sheet prepared by an employer under subsection 147(1) or (2). (fiche signalétique du lieu de travail)

 
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