On Board Trains Occupational Health and Safety Regulations

7.20 (1) No employee shall be exposed to a concentration of

• (a) an airborne chemical agent that is greater than 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) an airborne hazardous substance, other than a chemical agent, that is hazardous to the health or safety of the employee.

(2) If there is a likelihood that the concentration of an airborne chemical agent may be greater than the value referred to in paragraph (1)(a), air samples shall be taken and the concentration of the chemical agent shall be determined

• (a) in accordance with the standards set out in the United States National Institute for Occupational Safety and Health publication entitled NIOSH Manual of Analytical Methods, 5th edition, dated 2003;

• (b) in accordance with a method used to collect and analyze 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) were used; or

• (c) if no specific standards for the chemical agent are set out in the publication referred to in paragraph (a) and no method that meets the requirements of paragraph (b) exists, in accordance with a scientifically proven method used to collect and analyze a representative sample of the chemical agent.

(3) A record of each test made pursuant to subsection (2) shall be kept by the employer for three years after the date of the test.

(4) A record referred to in subsection (3) shall include

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

• (b) the chemical agent for which the test was made;

• (c) the sampling and testing method used;

• (d) the result obtained; and

• (e) the name and occupation of the qualified person who made the test.