Canada Occupational Health and Safety Regulations (SOR/86-304)

Regulations are current to 2017-11-20 and last amended on 2017-06-20. Previous Versions

 The employer shall keep a paper or electronic record of the education and training given to every employee and

  • (a) make it readily available for examination by the employee in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative; and

  • (b) keep it for a period of two years after the employee ceases

    • (i) to handle or be exposed to the hazardous substance, or

    • (ii) to install, operate, maintain or repair the assembly of pipes.

  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 43(F);
  • SOR/2016-141, s. 5.

Substitution of Substances

  •  (1) No person shall use a hazardous substance in a work place where it is reasonably practicable to substitute a substance for it that is not a hazardous substance.

  • (2) Where a hazardous substance is to be used for any purpose in a work place and an equivalent substance that is less hazardous is available to be used for that purpose, the equivalent substance shall be substituted for the hazardous substance where reasonably practicable.

  • SOR/88-68, ss. 8, 14;
  • SOR/88-632, s. 44(F);
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 43(F).

Ventilation

  •  (1) Every ventilation system installed on or after January 1, 1997 to control the concentration of an airborne hazardous substance shall be so designed, constructed, installed, operated and maintained that

    • (a) the concentration of the airborne hazardous substance does not exceed the values and levels prescribed in subsections 10.19(1) and 10.20(1) and (2); and

    • (b) it meets the standards set out in

      • (i) Part 6 of the National Building Code,

      • (ii) the publication of the American Conference of Governmental Industrial Hygienists entitled Industrial Ventilation, 20th edition, dated 1988, as amended from time to time, or

      • (iii) ANSI Standard ANSI Z9.2-1979 entitled Fundamentals Governing the Design and Operation of Local Exhaust Systems, dated 1979, as amended from time to time.

  • (2) To the extent that is reasonably practicable, every ventilation system installed before January 1, 1997 to control the concentration of an airborne hazardous substance shall be maintained so as to meet the requirements set out in subsection (1).

  • SOR/88-68, s. 9;
  • SOR/94-263, s. 35;
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 43(F).
  •  (1) Before a ventilation system referred to in subsection 10.17(1) is operated for the first time in a work place, the employer shall set out in writing instructions pertaining to the inspection, testing and maintenance of that ventilation system.

  • (2) The instructions referred to in subsection (1) shall specify the nature and frequency of inspections, tests and maintenance to be performed on the ventilation system.

  • (3) The employer shall ensure that a qualified person

    • (a) carries out each inspection, testing and maintenance of the ventilation system in accordance with the instructions referred to in subsection (1); and

    • (b) makes and signs a report with respect to each inspection, test or maintenance work.

  • (4) A report referred to in paragraph (3)(b) shall

    • (a) include the date of the inspection, test or maintenance work performed by the qualified person;

    • (b) identify the ventilation system that was inspected, tested or maintained; and

    • (c) set out the safety observations of the qualified person in respect of the ventilation system.

  • (5) The employer shall keep at the work place at which the ventilation system is located a copy of

    • (a) the instructions referred to in subsection (1), and

    • (b) the most recent report referred to in paragraph (3)(b).

  • (6) The employer shall give to every employee who operates a ventilation system the necessary education and training for the safe and proper use of the system.

  • (7) The employer shall keep a paper or electronic record of the education and training given to every employee who operates a ventilation system for as long as the employee remains in the employer’s employ.

  • SOR/96-294, s. 2;
  • SOR/2016-141, s. 6.

Control of Hazards

  •  (1) An employee shall be kept free from exposure to a concentration of

    • (a) an airborne chemical agent, other than grain dust or 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; or

    • (b) airborne grain dust in excess of 10 mg/m3.

    • (c) [Repealed, SOR/2017-132, s. 2]

  • (1.1) An employer shall ensure that an employee’s exposure to a concentration of airborne asbestos fibres is as close to zero as is reasonably practicable, but in any event the employer shall ensure that the concentration is not in excess of the value for airborne asbestos fibres 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.

  • (2) Subsection (1) does not apply in respect of concentrations of carbon dioxide or respirable dust in the underground portion of a coal mine.

  • (3) If there is a likelihood that the concentration of an airborne chemical agent may exceed any value referred to in subsection (1) or that the concentration of airborne asbestos fibres may 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 American Conference of Governmental Industrial Hygienists in its publication entitled Manual of Analytical Methods Recommended for Sampling and Analysis of Atmospheric Contaminants, dated 1958, as amended from time to time;

    • (b) 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, third edition, volumes 1 and 2, dated February, 1984, as amended from time to time;

    • (c) in accordance with a method that collects and analyses a representative sample of the chemical agent with accuracy and with detection levels at least equal to those which would be obtained if the standards referred to in paragraph (a) or (b) were used; or

    • (d) where no specific standards for the chemical agent are set out in the publications referred to in paragraphs (a) and (b) and no method is available under paragraph (c), in accordance with a scientifically proven method used to collect and analyse a representative sample of the chemical agent.

  • (4) A paper or electronic record of each test made under subsection (3) shall be kept by the employer at the employer’s place of business that is nearest to the work place where the air sample was taken, for a period of three years after the date of the test.

  • (5) A record referred to in subsection (4) shall include

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

    • (b) the hazardous substance in respect of which the test 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 test.

  • SOR/88-68, ss. 10, 14;
  • SOR/94-263, s. 37(F);
  • SOR/96-294, s. 2;
  • SOR/98-427, s. 5;
  • SOR/2002-208, s. 43(F);
  • SOR/2016-141, s. 7;
  • SOR/2017-132, s. 2.
  •  (1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents in the work place shall be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

  • (2) Where a source of ignition may ignite an airborne chemical agent or combination of airborne chemical agents in the work place, the maximum concentration of the chemical agent or of the combination of chemical agents shall be 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

  • (3) Subsection (2) does not apply in respect of concentrations of methane gas in the underground portion of a coal mine.

  • SOR/88-68, ss. 11(E), 14(F);
  • SOR/96-294, s. 2.
 
Date modified: