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

(1.1) An employer shall ensure that an employee’s exposure to a concentration of airborne asbestos fibres is as close to zero as possible, but in any event the employer shall ensure that the concentration does not exceed the value for airborne asbestos fibres adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLV) and Biological Exposure Indices (BEI), as amended from time to time.

(2) If the concentration of an airborne chemical agent is likely to exceed the value referred to in paragraph (1)(a), or the concentration of airborne asbestos fibres is likely to exceed zero or that there is a concentration of an airborne hazardous substance that is hazardous to the health and safety of the employee, air samples shall be taken by a qualified person and the concentration of the chemical agent, airborne asbestos fibres or hazardous substance 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.