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

Application

 This Part does not apply to the handling or transportation of dangerous goods to which the Transportation of Dangerous Goods Act, 1992 and regulations made thereunder apply.

  • SOR/88-68, ss. 5, 14;
  • SOR/94-263, s. 29;
  • SOR/96-294, s. 2.

DIVISION IGeneral

Records of Hazardous Substances

 Every employer shall keep and maintain a record of all hazardous substances that, in the work place, are used, produced, handled, or stored for use in the work place, and may either keep and maintain such a record in the work place or keep and maintain a centralized record in respect of several work places, in one work place.

  • SOR/94-263, s. 30;
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 43(F).

Hazard Investigation

  •  (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).

 On completion of an investigation referred to in subsection 10.4(1) and after consultation with the work place committee or the health and safety representative,

  • (a) the qualified person shall set out in a written report signed by the qualified person

    • (i) the qualified person’s observations respecting the criteria considered in accordance with subsection 10.4(2), and

    • (ii) the qualified person’s recommendations respecting the manner of compliance with sections 10.7 to 10.26, including recommendations respecting sampling and testing methods; and

  • (b) the employer shall develop and maintain a written procedure for the control of the concentration or level of the hazardous substance in the work place and make it readily available for examination by employees 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.

  • SOR/88-68, s. 14;
  • SOR/94-263, s. 31;
  • SOR/96-294, s. 2;
  • SOR/2002-208, ss. 16, 43(F);
  • SOR/2016-141, s. 2.

 A report referred to in section 10.5 shall be kept by the employer for a period of thirty years after the date on which the qualified person signed the report.

  • SOR/88-68, s. 14;
  • SOR/96-294, s. 2.

Medical Examinations

  •  (1) Where a report referred to in section 10.5 recommends a medical examination for the employees likely to be exposed to a hazardous substance, the employer shall consult a physician to ascertain the necessity for that medical examination.

  • (2) The employer, having consulted a physician pursuant to subsection (1) who has confirmed the necessity for a medical examination, shall not permit an employee to handle the hazardous substance in the work place unless a physician acceptable to the employee has examined the employee and declared the employee fit, or fit with specified restrictions, to handle the hazardous substance.

  • (3) Where the physician examining an employee pursuant to subsection (2) declares the employee fit with specified restrictions to handle the hazardous substance, the employer shall not permit the employee to handle the hazardous substance in the work place except in accordance with the specified restrictions.

  • (4) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the physician’s decision with the report referred to in section 10.5.

  • (5) The cost of a medical examination referred to in subsection (2) shall be borne by the employer.

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

Storage, Handling and Use

 Every hazardous substance stored, handled or used in a work place shall be stored, handled or used in a manner whereby the hazard related to that substance is reduced to a minimum.

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

 Where a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use shall be confined to as small an area as is practicable.

  • SOR/88-68, s. 14;
  • SOR/94-263, s. 32(F);
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 43(F).

 Every container for a hazardous substance that is used in a work place shall be so designed and constructed that it protects the employees from any health or safety hazard that is caused by the hazardous substance.

  • SOR/88-68, s. 14;
  • SOR/88-632, s. 42(F);
  • SOR/94-263, s. 33;
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 17.

 The quantity of a hazardous substance for use or processing in a work place shall, to the extent that is practicable, be limited to the quantity required for one work day.

  • SOR/88-68, s. 14;
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 43(F).
  •  (1) Where, in a work place, a hazardous substance is capable of combining with another substance to form an ignitable combination and there exists a hazard of ignition of the combination by static electricity, the employer shall implement the standards set out in the United States National Fire Protection Association, Inc. publication NFPA 77, Recommended Practice on Static Electricity, dated 1988, as amended from time to time.

  • (2) For the purpose of interpreting the standards referred to in subsection (1), acceptable means appropriate.

  • SOR/88-68, s. 14;
  • SOR/88-632, s. 43;
  • SOR/94-263, s. 34;
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 43(F).

Warning of Hazardous Substances

 Where a hazardous substance is stored, handled or used in a work place, warnings shall be given in appropriate places at access points warning every person granted access to the work place of the presence of the hazardous substance and of any precautions to be taken to prevent or reduce any hazard of injury to health.

  • SOR/88-68, ss. 6, 14;
  • SOR/96-294, s. 2;
  • SOR/96-525, s. 14;
  • SOR/2002-208, s. 43(F).

Employee Education and Training

[SOR/2016-141, s. 3(E)]
  •  (1) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement an employee education and training program with respect to hazard prevention and control at the work place.

  • (2) The employee education and training program shall include

    • (a) the education and training of each employee who is likely to handle or be exposed to a hazardous substance, with respect to

      • (i) the product identifier of the hazardous substance,

      • (ii) all hazard information disclosed by the supplier or by the employer on a safety data sheet or label,

      • (iii) all hazard information of which the employer is aware or ought to be aware,

      • (iv) the observations referred to in subparagraph 10.5(a)(i),

      • (v) the information disclosed on a safety data sheet referred to in section 10.28 and the purpose and significance of that information, and

      • (vi) in respect of hazardous products in the work place, the information required to be disclosed on a safety data sheet and on a label under Division III and the purpose and significance of that information;

    • (b) the education and training of each employee who installs, operates, maintains or repairs an assembly of pipes or any other equipment referred to in section 10.24, with respect to

      • (i) every valve and other control and safety device connected to the assembly of pipes,

      • (ii) the procedures to follow for the proper and safe use of the assembly of pipes, and

      • (iii) the significance of the labelling, colour-coding, placarding or other modes of identification that are used;

    • (c) the education and training of each employee who is referred to in paragraph (a) or (b), with respect to

      • (i) the procedures to follow to implement sections 10.8, 10.9 and 10.12,

      • (ii) the procedures to follow for the safe storage, handling, use and disposal of hazardous substances, including procedures to be followed in an emergency involving a hazardous substance, and

      • (iii) the procedures to follow if an employee is exposed to fugitive emissions as defined in section 10.29; and

    • (d) the education and training of each employee on the procedures to follow to access electronic or paper versions of reports, records of education and training given and safety data sheets.

  • (3) Every employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review and, if necessary, revise the employee education and training program

    • (a) at least once a year;

    • (b) whenever there is a change in conditions in respect of the presence of hazardous substances in the work place; and

    • (c) whenever new hazard information in respect of a hazardous substance in the work place becomes available to the employer.

  • SOR/96-294, s. 2;
  • SOR/2002-208, ss. 18, 43(F);
  • SOR/2016-141, s. 4.
 
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