On Board Trains Occupational Health and Safety Regulations (SOR/87-184)

Application

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

DIVISION IGeneral

Records of Hazardous Substances

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

Hazard Investigation

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

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

  • (b) notify the work place committee or the health and safety representative of the investigation and the qualified person’s name.

• (2) In the investigation, the following matters shall be considered:

  • (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 is likely to be greater than 50% of the value referred to in paragraph 7.20(1)(a) for that chemical agent or whether the level of ionizing or non-ionizing radiation is likely to be greater than any applicable limit referred to in subsection 7.23(2) or (3); and

  • (i) whether the level referred to in paragraph (g) is greater than any maximum applicable level set out in Part III or less than any minimum applicable level set out in that Part.

7.4 On completing the investigation and after consulting with the work place committee or the health and safety representative,

• (a) the qualified person shall make, sign and date a written report that contains their

  • (i) observations respecting the matters set out in subsection 7.3(2), and

  • (ii) recommendations respecting the measures that should be taken in order to comply with sections 7.6 to 7.23, including recommendations respecting sampling and testing methods; and

• (b) the employer shall establish and keep up-to-date a written procedure controlling 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.

7.5 The employer shall keep the report for a period of 30 years after the date of the report.

Substitution of Substances

7.6 No person shall use a hazardous substance in a work place if a non-hazardous substance or one that is less hazardous can be used instead.

Ventilation

7.7 Every ventilation system used to control the concentration of an airborne hazardous substance shall be so designed, constructed and installed that

• (a) the concentration of the airborne hazardous substance does not exceed the values and percentages referred to in sections 7.20 and 7.21; and

• (b) if there is no value or percentage set out in respect of the airborne hazardous substance, its concentration is not hazardous to the health or safety of employees.

Storage, Handling and Use

7.8 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.

7.9 Subject to section 7.11, if 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 possible.

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

7.10 The quantity of a hazardous substance for use or processing in a work place shall, if feasible, be limited to the quantity required in one work day.

7.11 If, 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 comply with the standards set out in the 2007 edition of the United States National Fire Protection Association publication NFPA 77 entitled Recommended Practice on Static Electricity.

7.12 to 7.14 [Repealed, SOR/88-200, s. 7]

Assembly of Pipes

7.15 Every assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that is used for transferring a hazardous substance from one location to another shall be

• (a) marked, by labelling, colour-coding, placarding or any other mode, to identify the hazardous substance being transferred and, if appropriate, the direction of the flow;

• (b) fitted with valves and other control and safety devices to ensure its safe operation; and

• (c) adequate for its intended purpose having regard to the corrosiveness, pressure, temperature and other properties of the hazardous substance transferred therein.

Employee Education and Training

• 7.16 (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 handles or is exposed to or 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 7.4(a)(i),

    • (v) the information disclosed on a safety data sheet referred to in section 7.25 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 operates, maintains or repairs an assembly of pipes referred to in section 7.15, 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; and

  • (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 7.8, 7.9 and 7.11,

    • (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 a hazardous substance in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a hazardous substance into the work place.

• (3) An 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 referred to in subsection (1)

  • (a) at least once a year;

  • (b) whenever there is a change in conditions in respect of the 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.

7.17 [Repealed, SOR/88-200, s. 9]

• 7.18 (1) The employer shall keep a written record of the education and training given to each employee referred to in paragraphs 7.16(2)(a) to (c)

  • (a) 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; and

  • (b) for two years after the day on which the employee ceases

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

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

• (2) The record shall include the name of the employee who was educated and trained and the date of the education and training.