Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations (SOR/2021-247)

PART 31Hazardous Substances

Marginal note:Definitions

154 The following definitions apply in this Part.

fugitive emission

fugitive emission means a hazardous product in any form that escapes into the workplace from processing equipment, emission control equipment or a product. (émission fugitive)

hazardous waste

hazardous waste means a hazardous product that is intended to be recycled, recovered or disposed of. (résidu dangereux)

product identifier

product identifier, in respect of a hazardous substance, including a hazardous product, means its brand name, chemical name, common name, generic name or trade name. (identificateur de produit)

Marginal note:Occupational health and safety program

• 155 (1) Exposure to hazardous substances is a prescribed risk for the purpose of paragraph 205.02(2)(a) of the Act and the associated control measures set out in the occupational health and safety program must be commensurate to the risks associated with each hazardous substance present at the workplace.

• Marginal note:Contents

  (2) Every occupational health and safety program must set out procedures for

  • (a) managing the introduction of new hazardous substances into the workplace;

  • (b) identifying and substituting, to the extent feasible, non-hazardous or less hazardous substances for more hazardous substances used at the workplace;

  • (c) ensuring that all safety data sheets and other documents containing hazard information with respect to hazardous substances at the workplace are kept up to date;

  • (d) developing and implementing any medical monitoring program that may be required under paragraph 156(1)(c);

  • (e) identifying and implementing means, potentially including protective reassignment, of eliminating all workplace exposure to a respiratory sensitizer or skin sensitizer, as those terms are defined in section 8.4 of the Hazardous Products Regulations, for any employee who is or is likely to be sensitized to that substance;

  • (f) informing employees of the hazards posed by any substance that is a germ cell mutagen, as defined in section 8.5 of the Hazardous Products Regulations, or toxic to reproduction, as defined in section 8.7 of those Regulations, to which they may be exposed at the workplace; and

  • (g) determining levels of safe exposure to the substances referred to in paragraph (f) for persons who are pregnant or breastfeeding or intend to conceive a child and identifying and implementing means, potentially including protective reassignment, of ensuring that those levels are not exceeded in respect of any employee who has advised the employer that they are such a person.

Marginal note:Investigation and assessment

• 156 (1) The employer must, for the purpose of investigating and assessing potential exposure to hazardous substances under paragraph 205.022(f) of the Act, before the work that gives rise to the potential exposure begins,

  • (a) obtain from a competent person designated by it, in consultation with the workplace committee or coordinator, as the case may be, a signed written report that

    • (i) addresses the following factors in respect of each hazardous substance to which employees may be exposed:

      • (A) the substance’s chemical, biological and physical properties,

      • (B) the routes of exposure to the substance,

      • (C) the acute and chronic effects on health of exposure to the substance,

      • (D) the manner in which the substance is produced, stored, used, handled and disposed of at the workplace,

      • (E) the control methods used to eliminate or reduce the employees’ exposure to the substance, and

      • (F) the quantity, concentration or level of substance to which the employees may be exposed, including, in the case of an airborne chemical agent, whether that concentration is likely to exceed 50% of the threshold limit value for that agent referred to in paragraph 157(1)(a), and

    • (ii) sets out the competent person’s recommendations regarding compliance with the provisions of the Act and these Regulations respecting hazardous substances, including recommendations in respect of sampling, testing and medical examinations of employees;

  • (b) if the report referred to in paragraph (a) recommends the medical examination of employees,

    • (i) obtain from a physician with specialized knowledge of the hazardous substance to which the employees may be exposed a written opinion, to be retained with the report, as to whether the medical examination is necessary, and

    • (ii) if it is confirmed that the examination is necessary, obtain the results of a medical examination of each employee, carried out by a physician acceptable to that employee and at the employer’s expense, indicating whether the employee is fit to be exposed to the substance and, if so, any restrictions that ought to be imposed on their exposure; and

  • (c) assess whether and to what extent medical monitoring of employees is necessary and, if the employer determines that it is necessary — or if requested by the Board under paragraph 205.066(1)(f) of the Act — implement a program for the medical monitoring of the employees.

• Marginal note:Combined effect

  (2) If two or more hazardous substances have a similar toxicological effect on the same target organ or system, their combined effect must be considered for the purpose of the investigation and assessment, using the additive mixture formula set out in the American Conference of Governmental Industrial Hygienists publication TLVs and BEIs: Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices.

• Marginal note:Testing methodology

  (3) If it is likely that the concentration of an airborne chemical agent referred to in clause (1)(a)(i)(F) exceeds the threshold limit value for that agent referred to in paragraph 157(1)(a), the concentration must be determined using a test that conforms to the United States National Institute for Occupational Safety and Health’s NIOSH Manual of Analytical Methods, if such a test exists for that agent.

Marginal note:Employer obligations

• 157 (1) Every employer must ensure, in respect of each workplace under its control, that

  • (a) no employee’s exposure to a hazardous substance exceeds the threshold limit value for that substance, as adjusted if necessary to reflect the length of the employee’s work period, or the biological exposure index for that substance;

  • (b) automated detection and warning systems are in place, if feasible, to alert employees of any potential exposure to a hazardous substance;

  • (c) hazardous substances are stored

    • (i) in an area, designated by the employer for that purpose, that is

      • (A) designed and constructed to provide for the safe containment and protection of its contents,

      • (B) clearly identified by appropriate signage,

      • (C) designed and maintained — including through the provision of adequate ventilation and lighting — to allow for its safe occupancy and the safe movement of employees, equipment and material, and

      • (D) designed and equipped to permit effective emergency response having regard to the nature of each substance being stored, including, if any of the substances is flammable or combustible, by being equipped with a suitable fire suppression system,

    • (ii) in containers that are designed and constructed to protect persons from the substances’ hazardous effects, and

    • (iii) in a manner that ensures that

      • (A) the substances and their containers cannot readily fall, become dislodged, suffer damage or be exposed to extreme temperatures, and

      • (B) if the mixing of multiple substances would create a health or safety hazard to persons, those substances are prevented from mixing in the event of container leakage, breakage or other similar circumstance;

  • (d) any storage area designated under subparagraph (c)(i) in which a flammable or combustible substance is to be dispensed or transferred also meets the following criteria:

    • (i) its ventilation conforms to the applicable provisions of National Fire Protection Association publication NFPA 30, Flammable and Combustible Liquids Code,

    • (ii) its exhaust air is discharged outdoors, to an area in which the exhaust will not pose a risk to the health or safety of any person, and the storage area is provided with makeup air,

    • (iii) any makeup air duct that passes through a fire separation is equipped with a fire damper that is fitted to close automatically on detection of fire or the arming of a related fire suppression system, and

    • (iv) any doors to or within the area are self-closing;

  • (e) hazardous substances are removed from storage and used in as small a quantity as is feasible;

  • (f) any hazard posed by a hazardous substance, including as a result of its production, storage, handling, use or disposal, is confined to as small an area as is feasible;

  • (g) signs warning of the presence of hazardous substances are posted in conspicuous places, including all access points to the area in which the substances are present;

  • (h) any production, storage, handling, use or disposal of a hazardous substance is done in accordance with the safety data sheet for that substance, if any, or another document containing hazard information in respect of that substance;

  • (i) any handling, storage or use of a hazardous substance that is at risk of igniting from static electricity conforms to the National Fire Protection Association publication NFPA 77, Recommended Practice on Static Electricity;

  • (j) any words or symbols that identify the contents of a container as a hazardous substance are removed once the container has been completely cleaned of that substance;

  • (k) if an employee’s skin, hair or clothing is likely to become contaminated by a hazardous substance in the course of their work,

    • (i) a shower is available to them, outside of the accommodations area, for the purpose of decontamination, and

    • (ii) they are allowed sufficient time during their normal working hours to use the decontamination shower or other cleaning facilities;

  • (l) appropriate emergency eye-wash stations and showers that conform to and have been installed in accordance with ANSI/International Safety Equipment Association (ISEA) standard Z358.1, American National Standard for Emergency Eyewash and Shower Equipment are provided in any work area where a person’s eyes or skin may be exposed to a hazardous substance, having regard to the risk of exposure and the hazard information for that substance;

  • (m) no person enters any accommodations area while wearing clothing that is likely to have been contaminated by a hazardous substance, other than a space within that area that has been designated by the employer for the removal of contaminated clothing;

  • (n) any person who handles, cleans or disposes of clothing at a workplace does so in a manner that minimizes exposure of persons to hazardous substances, including by

    • (i) storing clothing that is wet or likely to have been contaminated with a hazardous substance separately from clothing that is not wet or contaminated, and

    • (ii) laundering clothing that is likely to have been contaminated with a hazardous substance separately from other clothing;

  • (o) any use of a device that is capable of emitting energy in the form of electromagnetic waves conforms to the applicable safety code, including any addendums, published by the Department of Health;

  • (p) any non-destructive testing activity that involves a device that is capable of emitting energy in the form of electromagnetic waves is carried out by a person certified by the Department of Natural Resources’ National Non-Destructive Testing Certification Body;

  • (q) every piping system that contains a hazardous substance is

    • (i) designed to control static electricity,

    • (ii) fitted with valves or other safety devices to ensure its safe operation,

    • (iii) marked using any method, including colour-coding or signage, to identify the hazardous substance it contains and, if applicable, the direction of the flow, and

    • (iv) despite paragraph 87(1)(e), inspected before it is placed in service and then at least once a year; and

  • (r) if an employee is carrying out work on a piping system that contains a hazardous substance,

    • (i) the following engineering controls are fitted on pipes as necessary to prevent the inadvertent discharge of the substance:

      • (A) a blank or blind, in conjunction with valves or other blocking seals that are secured in the closed position to prevent the substance from reaching the blank or blind,

      • (B) a double block and bleed system, consisting of two valves or other blocking seals that are secured in the closed position and located on each side of a valve or other mechanism that is secured in the open position to allow for bleed-off between the two seals, or

      • (C) another engineering control that has been approved by a professional engineer,

    • (ii) the location of any blank or blind referred to in clause (i)(A) is clearly marked on the pipe and all valves and other seals and mechanisms referred to in clause (i)(A) or (B) are clearly marked to indicate the position they are in, and

    • (iii) any engineering control referred to in clause (i)(B) or (C) is monitored for leaks throughout the work.

• Marginal note:Securing of valves, seals and mechanisms

  (2) Each valve or other seal or mechanism referred to in subparagraph (1)(r)(i) must be secured in the open or closed position, as the case may be, using a positive mechanical device that is designed to resist being opened inadvertently, other than as a result of excessive force.

• Marginal note:Records of exposure

  (3) Every employer must retain all records of exposure referred to in paragraph 205.022(g) of the Act for 40 years after the day on which the exposure is first documented.