Government of Canada / Gouvernement du Canada
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Canada Occupational Health and Safety Regulations

Version of section 10.4 from 2006-03-22 to 2019-06-24:

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

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

    • (b) for the purposes of providing for the participation of the work place committee or the health and safety representative in the investigation, notify either of the proposed investigation and of the name of the qualified person appointed to carry out that investigation.

  • (2) In an investigation referred to in subsection (1), the following criteria shall be taken into consideration:

    • (a) the chemical, biological and physical properties of the hazardous substance;

    • (b) the routes of exposure to the hazardous substance;

    • (c) the acute and chronic effects on health of exposure to the hazardous substance;

    • (d) the quantity of the hazardous substance to be handled;

    • (e) the manner in which the hazardous substance is stored, used, handled and disposed of;

    • (f) the control methods used to eliminate or reduce exposure of employees to the hazardous substance;

    • (g) the concentration or level of the hazardous substance to which an employee is likely to be exposed;

    • (h) whether the concentration of an airborne chemical agent or the level of ionizing or non-ionizing radiation is likely to exceed 50 per cent of the values referred to in subsection 10.19(1) or the levels referred to in subsections 10.26(3) and (4); and

    • (i) whether the level referred to in paragraph (g) is likely to exceed or be less than that prescribed in Part VI.

  • SOR/96-294, s. 2
  • SOR/2002-208, ss. 15, 43(F)

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