Maritime Occupational Health and Safety Regulations

245 (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 marine chemist or other qualified person to carry out an investigation; and

• (b) notify the work place committee or the health and safety representative, as the case may be, of the proposed investigation and of the name of the person appointed to carry out that investigation.

(2) In the investigation, the following criteria must be taken into consideration:

• (a) the chemical, biological and physical properties of the hazardous substance;

• (b) the routes of exposure to the hazardous substance;

• (c) the effects on health of exposure to the hazardous substance;

• (d) the state, concentration and quantity of the hazardous substance handled;

• (e) the manner in which the hazardous substance is handled;

• (f) the control methods used to eliminate or reduce exposure to the hazardous substance;

• (g) whether the percentage of oxygen is within the range prescribed in section 196;

• (h) the value, level or percentage of the hazardous substance to which an employee is likely to be exposed; and

• (i) whether the value, level or percentage referred to in paragraph (h) is likely to be more than that prescribed in sections 195 or 255.

(3) On completion of the investigation referred to in subsection (1) and after consultation with the work place committee or the health and safety representative, as the case may be, the marine chemist or other qualified person must set out in a written report signed by that person

• (a) the person’s observations respecting the criteria considered in accordance with subsection (2); and

• (b) the person’s recommendations respecting the manner of compliance with sections 246 to 257.

(4) The employer must keep the report for a period of 30 years after the day on which the marine chemist or other qualified person signed the report.