On Board Trains Occupational Health and Safety Regulations (SOR/87-184)

Medical Examinations

• 7.19 (1) Where the report referred to in section 7.4 contains a recommendation for a medical examination, the employer may consult a physician regarding that recommendation.

• (2) Where the employer

  • (a) consults a physician pursuant to subsection (1) and the physician confirms the recommendation for a medical examination, or

  • (b) does not consult a physician pursuant to subsection (1),

  the employer shall not permit an employee to work with the hazardous substance in the work place until a physician, acceptable to the employee, has examined the employee and declared the employee fit for work with the hazardous substance.

• (3) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the decision of the physician with the report referred to in section 7.4.

• (4) The cost of a medical examination referred to in subsection (2) shall be borne by the employer.

Control of Hazards

• 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.

• 7.21 (1) Subject to subsection (2), the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place shall be less than 50 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

• (2) Where a source of ignition may ignite the concentration of an airborne chemical agent or combination of airborne chemical agents in a work place, that concentration shall not exceed 10 per cent of the lower explosive limit of the chemical agent or combination of chemical agents.

7.21.1 Compressed air, gas or steam shall not be used for blowing dust or other substances from structures, machinery or materials if

• (a) there is a risk of any person being directly exposed to the jet or if a fire, explosion, injury or health hazard is likely to result from that use; or

• (b) that use would result in either a concentration of an airborne chemical agent that is in excess of the values referred to in paragraph 7.20(1)(a) or subsection 7.20(1.1) or a concentration of an airborne chemical agent or combination of airborne chemical agents that is in excess of the maximum concentration set out in subsection 7.21(1) or (2).

• 7.21.2 (1) Compressed air shall not be used for cleaning clothing contaminated with

  • (a) asbestos; or

  • (b) another airborne chemical agent with an exposure limit referred to in paragraph 7.20(1)(a) that is lower than 1 mg/m³.

• (2) If compressed air is used to clean any other clothing,

  • (a) eye protectors that meet the standards set out in CSA Standard CAN/CSA-Z94.3-07, Eye and Face Protectors, as amended from time to time, shall be worn; and

  • (b) either the maximum compressed air pressure in the pipeline shall be 69 kPa (10 psi) or a safety nozzle limiting the air pressure to no more than 69 kPa (10 psi) shall be used.

7.22 [Repealed, SOR/2015-143, s. 39]

Ionizing and Non-ionizing Radiation

• 7.23 (1) If a device that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used in a work place, the employer shall apply the limits set out in Limits of Human Exposure to Radiofrequency Electromagnetic Energy in the Frequency Range from 3 kHz to 300 GHz – Safety Code 6 (2009), published by the Department of Health, as amended from time to time.

• (2) If an employee works on or near a device that is capable of emitting nuclear energy, the employer shall ensure that the employee’s exposure to nuclear energy does not exceed the radiation dose limits set out in the Radiation Protection Regulations.

• (3) The employer shall ensure that no employee, other than a nuclear energy worker as defined in section 2 of the Nuclear Safety and Control Act, is exposed in the course of any year to a concentration of radon that on average, over the year, is higher than 800 Bq/m³.

DIVISION IIHazardous Substances Other than Hazardous Products

Asbestos Exposure Management Program

Asbestos-containing Material

• 7.23.1 (1) If asbestos-containing material is present in a work place and there is the potential for a release of asbestos fibres or employee exposure to asbestos fibres, an employer shall ensure that the qualified person who is carrying out a hazard investigation under section 7.3 takes into consideration the type of asbestos, the condition of the asbestos-containing material, the friability of the asbestos-containing material, the accessibility to and likelihood of damage to the asbestos-containing material and the potential for the release of asbestos fibres or employee exposure to asbestos fibres.

• (2) At the completion of an investigation carried out under section 7.3, the employer shall ensure that a record of the location, friability and condition of the asbestos-containing material and the type of asbestos contained in that material is kept and made readily available for examination by employees and is 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.

Asbestos Exposure Control Plan

7.23.2 Before undertaking any work activity that involves asbestos-containing material, an 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, implement and administer an asbestos exposure control plan that requires the employer to

• (a) ensure that a hazardinvestigation under section 7.3 has been carried out by a qualified person and, in the event that there is a change in the work activity, review any report that was prepared as a result of the investigation and, if necessary, have a qualified person carry out another investigation;

• (b) ensure that a qualified person classifies the work activity as a low-risk activity, moderate-risk activity or high-risk activity;

• (c) ensure that all asbestos-containing material present in the work place that is exposed or that will be disturbed is identified by signs and labels or by any other effective manner;

• (d) ensure that all friable asbestos-containing material present in the work place is controlled by removal, enclosure or encapsulation or by any other effective manner to prevent employee exposure to asbestos;

• (e) ensure that procedures and control measures for moderate-risk activities and high-risk activities are developed and implemented; and

• (f) develop and implement an employee education and training program that is specific to asbestos-containing material.

7.23.3 If an employee who is undertaking automotive service procedures may be exposed to asbestos from friction material or dust arising from that material, an employer shall ensure that

• (a) the use of compressed air, brushes or similar means to dry-remove friction material dust from automotive assemblies is prohibited; and

• (b) signs to advise employees of the hazards and required precautions are posted in service work areas where friction material is handled or dust arising from that material is generated.

Asbestos Dust, Waste and Debris Removal

• 7.23.4 (1) During any work activities that involve friable asbestos-containing materials, an employer shall ensure that the following activities are carried out frequently and at regular intervals as determined by a qualified person, at the end of each work shift and immediately after the work is completed:

  • (a) all asbestos dust, waste and debris are removed by vacuuming with a vacuum cleaner that is equipped with a HEPA filter, damp-mopping or wet-sweeping the area that is contaminated with the asbestos dust, waste or debris; and

  • (b) any drop sheets that are contaminated with asbestos dust, waste or debris are wetted.

• (2) All asbestos dust, waste or debris and any drop sheets that are contaminated with asbestos dust, waste or debris shall be placed in a container referred to in section 7.23.11.

7.23.5 If a glove bag is used for the removal of asbestos insulation from pipes, ducts and similar structures, an employer shall ensure that

• (a) the glove bag is sealed to prevent the release of asbestos fibres into the work area;

• (b) the glove bag is inspected for damage or defects immediately before it is attached to the pipe, duct or similar structure and at regular intervals during its use;

• (c) all waste from asbestos-containing material that is on surfaces is washed to the bottom of the glove bag and all exposed asbestos-containing material is encapsulated when it is inside the glove bag;

• (d) the glove bag is evacuated using a vacuum cleaner that is equipped with a HEPA filter to remove the air inside the bag prior to the removal of the glove bag; and

• (e) after the glove bag is removed, all exposed surfaces are cleaned with a damp cloth and a vacuum cleaner that is equipped with a HEPA filter.

Decontamination

• 7.23.6 (1) Before leaving a work area that is contaminated with asbestos-containing material, an employee shall

  • (a) if their protective clothing is to be reused, decontaminate the clothing with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter before taking the clothing off; or

  • (b) if their protective clothing is not to be reused, place the clothing in a container referred to in section 7.23.11.

• (2) An employer shall provide employees with a facility reserved for washing their hands and face, and employees shall wash their hands and face using that facility before leaving a work area that is contaminated with asbestos-containing material.