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

 As soon as practicable after any work activity that involves asbestos-containing material is completed, an employee shall clean reusable tools, equipment, rigid barriers and portable enclosures that are contaminated with asbestos with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter.

  • SOR/2017-132, s. 4.

Air Sampling

  •  (1) An employer shall ensure that a qualified person takes air samples to test for airborne asbestos fibres

    • (a) in the vicinity of the containment system during any work activity that involves asbestos-containing material and, in the case of a work activity that lasts longer than 24 hours, at least daily;

    • (b) in the clean room during removal and clean-up operations and, in the case of removal and clean-up operations that last longer than 24 hours, at least daily; and

    • (c) in contaminated areas that are inside the containment system as necessary during removal and clean-up operations.

  • (2) The employer shall ensure that the following air samples are taken:

    • (a) two samples for every area in an enclosure that is 10 m2 or less;

    • (b) three samples for every area in an enclosure that is more than 10 m2 and not more than 500 m2; and

    • (c) five samples for every area in an enclosure that is more than 500 m2.

  • (3) Within 24 hours after obtaining the air sampling test results, the employer shall

    • (a) post a copy of the results in a conspicuous place in the work place; and

    • (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative.

  • SOR/2017-132, s. 4.

Clearance Air Sampling

  •  (1) Before dismantling a containment system and after all asbestos dust, waste and debris have been cleaned up, removed or encapsulated, an employer shall ensure that clearance air samples are taken inside the enclosure and that the concentration of airborne asbestos fibres is determined in accordance with Method 7400 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of airborne asbestos fibres.

  • (2) When conducting clearance air sampling, the employer shall ensure that forced air is used inside the enclosure to dislodge any asbestos fibres from all surfaces and keep them airborne.

  • (3) Clearance air sampling shall be taken until the concentrations of airborne asbestos fibres do not exceed the values referred to in subsection 10.19(1.1).

  • SOR/2017-132, s. 4.

 Within 24 hours after obtaining the clearance air sampling test results, the employer shall

  • (a) post a copy of the results in a conspicuous place in the work place; and

  • (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative, and provide a copy of the results to the Minister.

  • SOR/2017-132, s. 4.

Containers for Asbestos Dust, Waste and Debris

 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material shall be

  • (a) dust-tight;

  • (b) suitable to contain asbestos dust, waste or debris;

  • (c) impervious to asbestos;

  • (d) identified as containing asbestos dust, waste or debris;

  • (e) cleaned with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter immediately before being removed from the work area; and

  • (f) removed from the work place frequently and at regular intervals as determined by a qualified person.

  • SOR/2017-132, s. 4.

Identification

 Every container of a hazardous substance, other than a hazardous product, that is stored, handled, used or disposed of in the work place shall be labelled in a manner that discloses clearly

  • (a) the generic name of the substance; and

  • (b) the hazard information in respect of the substance.

  • SOR/88-68, s. 12;
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 43(F);
  • SOR/2016-141, s. 20.

 If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled or used in the work place may be obtained from the supplier of the hazardous substance, the employer shall

  • (a) obtain a copy of the safety data sheet; and

  • (b) keep the copy of the safety data sheet 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. 12;
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 43(F);
  • SOR/2016-141, s. 9.

DIVISION IIIHazardous Products

[SOR/2016-141, s. 20]

Interpretation

 In this Division,

bulk shipment

bulk shipment has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations; (expédition en vrac)

container

container means any package or receptacle, including a bag, barrel, bottle, box, can, cylinder, drum and storage tank; (contenant)

fugitive emission

fugitive emission means a hazardous product in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a product into the work place; (émission fugitive)

hazardous waste

hazardous waste means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal; (résidu dangereux)

laboratory sample

laboratory sample has the same meaning as in subsection 5(1) of the Hazardous Products Regulations; (échantillon pour laboratoire)

manufactured article

manufactured article[Repealed, SOR/2016-141, s. 10]

research and development

research and development, in respect of a hazardous product, means systematic investigation or search carried out in a field of science or technology by means of experiment or analysis, other than investigation or search in respect of market research, sales promotion, quality control or routine testing of hazardous products, and includes

  • (a) applied research, namely, work undertaken for the advancement of scientific knowledge with a specific practical application in view, and

  • (b) development, namely, use of the results of applied research for the purpose of creating new, or improving existing, processes or hazardous products; (recherche et développement)

risk phrase

risk phrase, in respect of a hazardous product, means a statement identifying a hazard that may arise from the exposure to the hazardous product; (mention de risque)

sale

sale includes offer for sale, expose for sale and distribute; (vente)

significant new data

significant new data has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations; (nouvelles données importantes)

supplier label

supplier label means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act; (étiquette du fournisseur)

supplier material safety data sheet

supplier material safety data sheet[Repealed, SOR/2016-141, s. 10]

supplier safety data sheet

supplier safety data sheet means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act; (fiche de données de sécurité du fournisseur)

work place label

work place label means a label prepared by an employer in accordance with this Division; (étiquette du lieu de travail)

work place material safety data sheet

work place material safety data sheet[Repealed, SOR/2016-141, s. 10]

work place safety data sheet

work place safety data sheet means a safety data sheet prepared by an employer in accordance with subsection 10.33(1) or (2). (fiche de données de sécurité du lieu de travail)

  • SOR/88-68, s. 12;
  • SOR/96-294, s. 2;
  • SOR/2002-208, s. 43(F);
  • SOR/2016-141, ss. 10, 20.
 
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