Aviation Occupational Health and Safety Regulations (SOR/2011-87)

Application

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

DIVISION 1General

Records of Hazardous Substances

5.3 Every employer shall keep a record of all hazardous substances that are used, handled or stored for use on board an aircraft and may either keep such a record in the work place or keep a centralized record in respect of several work places.

Hazard Investigation

• 5.4 (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 proposed investigation, and of the name of the qualified person appointed to investigate, so that they may participate in the investigation.

• (2) In an investigation, the following criteria shall 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 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 the employees to the hazardous substance;

  • (g) the concentration or level of the hazardous substance to which an employee is likely to be exposed; and

  • (h) whether the concentration of an airborne chemical agent or the level of ionizing or non-ionizing radiation is likely to exceed 50% of the values referred to in section 5.16 or the limits referred to in subsection 5.19(2).

5.5 On completion of the investigation and after consultation with the work place committee or the health and safety representative,

• (a) the qualified person shall sign a written report setting out

  • (i) the person’s observations respecting the criteria considered in accordance with subsection 5.4(2), and

  • (ii) the person’s recommendations respecting the manner of compliance with sections 5.7 to 5.19, including recommendations respecting sampling and testing methods; and

• (b) the employer shall develop and implement a written procedure for the control of the concentration or level of the hazardous substance on board an aircraft 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.

5.6 The report shall be kept by the employer for a period of 30 years from the day on which the qualified person signs the report.

Medical Examinations

• 5.7 (1) If the report recommends a medical examination for the employees likely to be exposed to a hazardous substance, the employer shall consult a physician to ascertain the necessity for that medical examination.

• (2) For the purposes of subsection (1), a physician shall conclude that a medical examination is necessary only if, in light of the factors referred to in subsection 5.4(2), the likelihood and consequences of exposure to the hazardous substance outweigh the intrusiveness of the medical examination or the disruption to bodily integrity that might be necessary.

• (3) If a physician considers that a medical examination is necessary, the employer shall not permit an employee to handle the hazardous substance unless a physician acceptable to the employee has examined the employee and declared the employee fit, or fit with restrictions, to handle the hazardous substance.

• (4) For the purposes of determining whether an employee is fit, or fit with restrictions, a physician shall

  • (a) take into account

    • (i) the factors referred to in subsection 5.4(2), and

    • (ii) the likely effects of handling the hazardous substance on the employee’s health and that of other employees and the capacity of the employee to perform the work; and

  • (b) perform only those tests or examinations that are necessary to make that determination.

• (5) If the physician examining an employee under subsection (3) declares the employee fit with restrictions to handle the hazardous substance, the employer shall not permit the employee to handle the hazardous substance except in accordance with the specified restrictions.

• (6) If an employer consults a physician under subsection (1), the employer shall keep a copy of the physician’s decision with the report referred to in section 5.5.

• (7) The cost of a medical examination referred to in subsection (3) shall be borne by the employer.

Storage, Handling and Use

5.8 Every hazardous substance on board an aircraft shall be stored, handled or used in a manner that minimizes the hazard related to that substance.

5.9 If a hazardous substance is stored, handled or used on board an aircraft, any hazard resulting from that storage, handling or use shall be confined to as small an area as possible.

5.10 Every container for a hazardous substance that is used on board an aircraft shall be designed and constructed so that it protects the employees from any health or safety hazard that is caused by the hazardous substance.

5.11 The quantity of a hazardous substance for use or processing on board an aircraft shall, if feasible, be limited to the minimum quantity required.

Warning of Hazardous Substances

5.12 If a hazardous substance is on board an aircraft, signs shall be posted in conspicuous places on board the aircraft warning of the presence of the hazardous substance and stating any precautions to be taken to prevent or reduce any health or safety hazard.

Employee Education and Training

• 5.13 (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 on board an aircraft, including with respect to hazardous substances.

• (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 5.5(a)(i),

    • (v) the information disclosed on a safety data sheet referred to in section 5.21 and the purpose and significance of that information, and

    • (vi) in respect of hazardous products on board an aircraft, the information required to be disclosed on a safety data sheet and on a label under Division 3 and the purpose and significance of that information;

  • (b) the education and training of each employee who is referred to in paragraph (a), with respect to

    • (i) the procedures to follow to implement sections 5.8 and 5.9,

    • (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 on board an aircraft is exposed to a hazardous product in gas, liquid, solid, vapour, fume, mist, fog or dust form that escapes from processing equipment, from control emission equipment or from a product that is outside of or on board the aircraft; and

  • (c) the education and training of each employee on the procedures to follow to access electronic or paper versions of reports, records of education and training given and safety data sheets.

• (3) 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, review and, if necessary, revise the employee education and training program

  • (a) at least once a year;

  • (b) whenever there is a change in conditions in respect of the presence of hazardous substances on board an aircraft; and

  • (c) whenever new hazard information in respect of a hazardous substance on board an aircraft becomes available to the employer.

5.14 The employer shall keep a paper or electronic record of the education and training given to every employee and shall

• (a) make it readily available for examination by the employee 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) keep it for a period of two years from the day on which the employee ceases to handle or be exposed to the hazardous substance, or is no longer likely to handle or be exposed to the hazardous substance.

Substitution of Substances

5.15 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.

Control of Hazards

• 5.16 (1) No employee shall be exposed to a concentration of 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.

• (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 subsection (1) or if the concentration of airborne asbestos fibres is likely to exceed zero, air samples shall be taken by a qualified person and the concentration of the chemical agent or the airborne asbestos fibres shall be determined

  • (a) in accordance with the standards set out by the United States National Institute for Occupational Safety and Health in the NIOSH Manual of Analytical Methods; or

  • (b) if no specific standards for the chemical agent are listed in the document referred to in paragraph (a), in accordance with a scientifically proven method used to collect and analyze a representative sample of the chemical agent.

• (3) A paper or electronic record of each determination made under subsection (2) shall be kept by the employer at a location accessible to affected employees, for a period of 3 years from the date of the determination.

• (4) The record shall include

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

  • (b) the hazardous substance in respect of which the analysis was made;

  • (c) the sampling and testing method used;

  • (d) the result obtained; and

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