Oil and Gas Occupational Safety and Health Regulations

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

• (a) an airborne chemical agent, other than grain dust or 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;

• (b) airborne grain dust, respirable and non-respirable, in excess of 10 mg/m³; or

• (c) an airborne hazardous substance, other than a chemical agent, that is hazardous to the safety and health 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 is reasonably practicable, but in any event the employer shall ensure that the concentration is not in excess of the value for airborne asbestos fibres 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.

(2) If there is a likelihood that the concentration of an airborne chemical agent may exceed any value referred to in paragraph (1)(a) or (b), the concentration of airborne asbestos fibres may exceed zero or there is a concentration of an airborne hazardous substance that is hazardous to the safety and health of the employee, the air shall be sampled by a qualified person and the concentration of the chemical agent, airborne asbestos fibres or hazardous substance determined by means of a test in accordance with

• (a) the standards set out by the United States National Institute for Occupational Safety and Health in the NIOSH Manual of Analytical Methods, Third Edition, Volumes 1 and 2, dated February 1984; or

• (b) a method set out in the United States Federal Register, Volume 40, Number 33, dated February 18, 1975, as amended by Volume 41, Number 53, dated March 17, 1976.

(3) A record of each test made in accordance with subsection (2) shall be kept for two years after the date of the test by the employer at the employer’s place of business that is nearest to the work place where the air was sampled.

(4) The 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.