Canada Occupational Health and Safety Regulations

12.13 (1) If there is a risk of injury or disease due to exposure to an airborne hazardous substance, other than a CBRN agent, or an oxygen-deficient atmosphere in a work place, the employer must provide every person who is granted access to the work place with respiratory protection equipment that

• (a) is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time;

• (b) meets the requirements set out in CSA Group Standard Z94.4, Selection, use, and care of respirators; and

• (c) protects the respiratory tract against the hazardous substance or oxygen deficiency, as the case may be.

(1.1) Despite paragraph (1)(a), if there is a risk of injury or disease due to exposure to an airborne hazardous substance, other than a CBRN agent, in a work place and a person’s presence is determined by a qualified person to be necessary for medical treatment to be provided at the work place, under supervision from a health care practitioner as defined in section 166 of the Canada Labour Code, the employer may provide respiratory protection equipment that is a COVID-19 medical device authorized for sale by the Minister of Health under the Interim Order No. 2 Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19 made on March 1, 2021 and published in the Canada Gazette, Part I on March 20, 2021 and that meets the requirements set out in paragraphs (1)(b) and (c) and subsection (4).

(2) If air is provided by means of respiratory protection equipment referred to in subsection (1), the air and the system that supplies the air, including its cylinders, must meet the requirements set out in CSA Group Standard Z180.1, Compressed breathing air and systems.

(3) If there is a risk of injury or disease due to exposure to CBRN agents in a work place, the employer must provide every person who is granted access to the work place with respiratory protection equipment for protection against those CBRN agents that

• (a) in the case of a first responder in respect of events that may involve CBRN agents, meets the requirements set out in CSA Group Standard Z1610, Protection of first responders from chemical, biological, radiological, and nuclear (CBRN) events; and

• (b) in any other case,

  • (i) is listed in the United States National Institute for Occupational Safety and Health publication entitled Certified Equipment List, as amended from time to time, and meets the requirements set out in CSA Group Standard Z94.4, Selection, use, and care of respirators, or

  • (ii) meets the requirements set out in CSA Group Standard Z1610, Protection of first responders from chemical, biological, radiological, and nuclear (CBRN) events.

(4) The employer must ensure that respiratory protection equipment referred to in subsection (1) and subparagraph (3)(b)(i) is used and cared for in accordance with CSA Group Standard Z94.4, Selection, use, and care of respirators.