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PART 10Hazardous Substances (continued)

DIVISION 1General

Hazard Investigation

  •  (1) If there is a likelihood that the health or safety of an employee in a workplace is or may be endangered by exposure to a hazardous substance or by insufficient lighting, the employer must, without delay,

    • (a) appoint a qualified person to carry out an investigation; and

    • (b) notify the committee or coordinator of the proposed investigation and of the name of the qualified 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 of the hazardous substance;

    • (c) the effects on health and safety 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;

    • (g) the possibility that the concentration of the hazardous substance to which an employee is likely to be exposed exceeds a value or percentage referred to in section 135 or 136;

    • (h) the possibility that the level of lighting in the workplace is less than the level prescribed in Part 6; and

    • (i) the possibility that the level of sound in the workplace is greater than the level prescribed in Part 7.

 On completion of the investigation referred to in subsection 118(1) and after consultation with the committee or the coordinator, the qualified person must set out in a written report signed by the qualified person

  • (a) the qualified person’s observations respecting the criteria considered in accordance with subsection 118(2); and

  • (b) the qualified person’s recommendations respecting the manner of compliance with sections 121 to 140.

 The report referred to in section 119 must be kept by the employer at the workplace to which it applies for one year after the date on which the qualified person signed the report.

Substitution of Substances

  •  (1) A hazardous substance must not be used for any purpose in a workplace if it is reasonably practicable to substitute for that substance a substance that is not a hazardous substance.

  • (2) If a hazardous substance is required to be used for any purpose in a workplace and an equivalent substance that is less hazardous is available to be used for that purpose, the equivalent substance must be substituted for the hazardous substance if it is reasonably practicable to do.

Ventilation

 Every ventilation system used to control the concentration of an airborne hazardous substance must be so designed, constructed and installed that

  • (a) if the hazardous substance is a chemical agent, the concentration of the chemical agent does not exceed the values, levels and percentages prescribed in sections 135 and 136; and

  • (b) if the hazardous substance is not a chemical agent, the concentration of the hazardous substance is not hazardous to the health or safety of employees.

Air Pressure

  •  (1) Subject to subsection (2), if there is a likelihood that explosive or toxic vapours may enter an enclosed workplace or living accommodation, the air pressure in the workplace or living accommodation must, if reasonably practicable, be maintained positive in relation to the air pressure in the surrounding area.

  • (2) If there is a source of explosive or toxic vapours at a workplace, the air pressure in the area of the source must be maintained negative with respect to any adjacent enclosed area.

Warnings

 If reasonably practicable, automated warning and detection systems must be provided by the employer when the seriousness of any exposure to a hazardous substance so requires.

Storage, Handling and Use

 Every hazardous substance stored, handled or used in a workplace must be stored, handled and used in a manner in which the hazard related to that substance is reduced to a minimum.

 Subject to section 129, when a hazardous substance is stored, handled or used in a workplace, any hazard resulting from that storage, handling or use must be confined to as small an area as reasonably practicable.

  •  (1) Every container for a hazardous substance that is used in a workplace must be so designed and constructed that it protects the employees from any health or safety hazard that is created by the hazardous substance.

  • (2) If a container referred to in subsection (1) is emptied and is not to be refilled with the hazardous substance, it must be completely cleaned of the hazardous substance that was stored in it before being reused and the label identifying the hazardous substance must be removed.

 The quantity of a hazardous substance used or processed in a workplace must, to the extent reasonably practicable, be kept to a minimum.

 If a hazardous substance is capable of combining with another substance to form an ignitable combination and a hazard of ignition of the combination by static electricity exists, the employer must adopt and implement the standards set out in the United States National Fire Protection Association publication NFPA 77, Recommended Practice on Static Electricity.

  • SOR/2017-116, s. 19

Warning of Hazardous Substances

  •  (1) If a hazardous substance is stored in a workplace, signs must be posted in conspicuous places warning of the presence of the hazardous substance.

  • (2) Hazard information in respect of hazardous substances that are, or are likely to be, present in a workplace must be readily available for examination at the workplace.

Assembly of Pipes

 Every assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another must be

  • (a) labelled to identify the hazardous substance transferred there;

  • (b) fitted with valves and other control and safety devices to ensure its safe operation;

  • (c) inspected by a qualified person before it is placed in service and once a year after that; and

  • (d) maintained and repaired by a qualified person.

Employee Education

  •  (1) Every employer must, in consultation with the committee or the coordinator, develop and implement an employee education program with respect to hazard prevention and control at the workplace.

  • (2) The employee education program referred to in subsection (1) must include

    • (a) the instruction of each employee who handles or is exposed to or is likely to handle or be exposed to a hazardous substance with respect to

      • (i) the product identifier of the hazardous substance,

      • (ii) all hazard information disclosed by the supplier of the hazardous substance or by the employer on a material safety data sheet or on a label,

      • (iii) all hazard information of which the employer is aware or ought reasonably to be aware,

      • (iv) the observations referred to in paragraph 119(a),

      • (v) the information disclosed on the material safety data sheet referred to in section 142 and the purpose and significance of that information,

      • (vi) in respect of controlled products in the workplace, the information required to be disclosed on a material safety data sheet and on a label under Division III and the purposes and significance of that information, and

      • (vii) the information referred to in subsection 130(2);

    • (b) the instruction and training of each employee who operates, maintains or repairs an assembly of pipes referred to in section 131 with respect to

      • (i) every valve and other control and safety device connected to the assembly of pipes, and

      • (ii) the procedures to follow for the proper and safe use of the assembly of pipes;

    • (c) the instruction and training of each employee referred to in paragraphs (a) and (b) with respect to

      • (i) the procedures to follow to implement the provisions of sections 125, 126 and 129, and

      • (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance; and

    • (d) if the employer makes a computerized version of a material safety data sheet available in accordance with subsection 148(2), the training of each employee in accessing that material safety data sheet.

  • (3) Every employer must, in consultation with the committee or the coordinator, review the employee education program referred to in subsection (1) and, if necessary, revise it

    • (a) at least once a year;

    • (b) whenever there is a change in conditions in respect of the hazardous substances in the workplace; and

    • (c) whenever new hazard information in respect of a hazardous substance in the workplace becomes available to the employer.

 
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