Aviation Occupational Health and Safety Regulations

5.16 (1) No employee shall be exposed to a concentration of an airborne chemical agent, other than airborne asbestos fibres, 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 (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

(1.1) An employer shall ensure that an employee’s exposure to a concentration of airborne asbestos fibres is as close to zero as possible, but in any event the employer shall ensure that the concentration does not exceed the value for airborne asbestos fibres adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLV) and Biological Exposure Indices (BEI), as amended from time to time.

(2) If the concentration of an airborne chemical agent is likely to exceed the value referred to in subsection (1) or if the concentration of airborne asbestos fibres is likely to exceed zero, air samples shall be taken by a qualified person and the concentration of the chemical agent or the airborne asbestos fibres shall be determined

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

• (b) if no specific standards for the chemical agent are listed in the document referred to in paragraph (a), in accordance with a scientifically proven method used to collect and analyze a representative sample of the chemical agent.

(3) A paper or electronic record of each determination made under subsection (2) shall be kept by the employer at a location accessible to affected employees, for a period of 3 years from the date of the determination.

(4) The record shall include

• (a) the date, time and location of the analysis;

• (b) the hazardous substance in respect of which the analysis was made;

• (c) the sampling and testing method used;

• (d) the result obtained; and

• (e) the name and occupation of the person who made the analysis.