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

7.23.7 As soon as feasible after any work activity that involves asbestos-containing material is completed, an employee shall clean reusable tools, equipment, rigid barriers and portable enclosures that are contaminated with asbestos with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter.

Air Sampling

• 7.23.8 (1) An employer shall ensure that a qualified person takes air samples to test for airborne asbestos fibres

  • (a) in the vicinity of the containment system during any work activity that involves asbestos-containing material and, in the case of a work activity that lasts longer than 24 hours, at least daily;

  • (b) in the clean room during removal and clean-up operations and, in the case of removal and clean-up operations that last longer than 24 hours, at least daily; and

  • (c) in contaminated areas that are inside the containment system as necessary during removal and clean-up operations.

• (2) The employer shall ensure that the following air samples are taken:

  • (a) two samples for every area in an enclosure that is 10 m² or less;

  • (b) three samples for every area in an enclosure that is more than 10 m² and not more than 500 m²; and

  • (c) five samples for every area in an enclosure that is more than 500 m².

• (3) Within 24 hours after obtaining the air sampling test results, the employer shall

  • (a) post a copy of the results in a conspicuous place in the work place; and

  • (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative.

Clearance Air Sampling

• 7.23.9 (1) Before dismantling a containment system and after all asbestos dust, waste and debris have been cleaned up, removed or encapsulated, an employer shall ensure that clearance air samples are taken inside the enclosure and that the concentration of airborne asbestos fibres is determined in accordance with Method 7400 set out in the document entitled NIOSH Manual of Analytical Methods, published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of airborne asbestos fibres.

• (2) When conducting clearance air sampling, the employer shall ensure that forced air is used inside the enclosure to dislodge any asbestos fibres from all surfaces and keep them airborne.

• (3) Clearance air sampling shall be taken until the concentrations of airborne asbestos fibres do not exceed the values referred to in subsection 7.20(1.1).

7.23.10 Within 24 hours after obtaining the clearance air sampling test results, the employer shall

• (a) post a copy of the results in a conspicuous place in the work place; and

• (b) make the results available to the policy committee, if any, the work place committee and the health and safety representative, and provide a copy of the results to the Head of Compliance and Enforcement.

Containers for Asbestos Dust, Waste and Debris

7.23.11 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material shall be

• (a) dust-tight;

• (b) suitable to contain asbestos dust, waste or debris;

• (c) impervious to asbestos;

• (d) identified as containing asbestos dust, waste or debris;

• (e) cleaned with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter immediately before being removed from the work area; and

• (f) removed from the work place frequently and at regular intervals as determined by a qualified person.

Identification

7.24 Every container of a hazardous substance, other than a hazardous product, that is stored, handled or used in the work place shall be labelled in a manner that discloses clearly

• (a) the name of the substance; and

• (b) the hazardous properties of the substance.

7.25 If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled or used in the work place may be obtained from the supplier of the hazardous substance, the employer shall

• (a) obtain a copy of the safety data sheet; and

• (b) keep a copy of the safety data sheet readily available in the work place 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.

DIVISION IIIHazardous Products

Interpretation

7.26 The following definitions apply in this Division.

bulk shipment

bulk shipment has the same meaning as in subsection 5.5(1) of the Hazardous Products Regulations. (expédition en vrac)

container

container means any package or receptacle, including a bag, barrel, bottle, box, can, cylinder, drum and storage tank. (contenant)

hazardous waste

hazardous waste means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal. (résidu dangereux)

significant new data

significant new data has the same meaning as in subsection 5.12(1) of the Hazardous Products Regulations. (nouvelles données importantes)

supplier label

supplier label means a label prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (étiquette du fournisseur)

supplier safety data sheet

supplier safety data sheet means a safety data sheet prepared by a supplier that discloses any information elements required by the Hazardous Products Act. (fiche de données de sécurité du fournisseur)

work place label

work place label means a label prepared by an employer in accordance with this Division. (étiquette du lieu de travail)

work place safety data sheet

work place safety data sheet means a safety data sheet prepared by an employer in accordance with subsection 7.30(1). (fiche de données de sécurité du lieu de travail)

Application

• 7.27 (1) This Division does not apply in respect of any

  • (a) tobacco or a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act;

  • (b) manufactured article as defined in section 2 of the Hazardous Products Act; or

  • (c) wood or a product made of wood.

• (2) This Division, other than section 7.38, does not apply in respect of hazardous waste.

Safety Data Sheets and Labels in Respect of Certain Hazardous Products

• 7.28 (1) Subject to subsection (2) and section 7.37, every employer shall implement the provisions of sections 7.24 and 7.25 in respect of a hazardous product and may, in so doing, replace the generic name of the product with the brand name, chemical name, common name or trade name, if the hazardous product

  • (a) is present in the work place;

  • (b) was received from a supplier; and

  • (c) is one of the following:

    • (i) a hazardous product, other than wood or a product made of wood, that is listed in Schedule 1 to the Hazardous Products Act,

    • (ii) a nuclear substance, as defined in section 2 of the Nuclear Safety and Control Act, that is radioactive.

• (2) All radioactive materials used in a work place shall be packaged, when not in use, in accordance with the requirements of the Transport Packaging of Radioactive Materials Regulations.

Supplier Safety Data Sheets

• 7.29 (1) If a hazardous product, other than a hazardous product referred to in paragraph 7.28(1)(c), is received in the work place by an employer, the employer shall, without delay, obtain a supplier safety data sheet in respect of the hazardous product from the supplier, unless the employer is already in possession of a supplier safety data sheet that

  • (a) is for a hazardous product that both has the same product identifier and is from the same supplier;

  • (b) discloses information that is current at the time that the hazardous product is received; and

  • (c) was prepared and dated less than three years before the day on which the hazardous product is received.

• (2) If the supplier safety data sheet in respect of a hazardous product in a work place is three years old or more, the employer shall, if feasible, obtain from the supplier a current supplier safety data sheet.

• (3) If it is not feasible for an employer to obtain a current supplier safety data sheet, the employer shall update the hazard information on the most recent supplier safety data sheet that the employer has received, on the basis of the ingredients disclosed on that supplier safety data sheet and on the basis of any significant new data that becomes available to the employer.

Work Place Safety Data Sheets

• 7.30 (1) Subject to section 7.37, if an employer receives a supplier safety data sheet, the employer may prepare a work place safety data sheet to be used in the work place in place of the supplier safety data sheet if

  • (a) the work place safety data sheet discloses at least the information disclosed on the supplier safety data sheet;

  • (b) the information disclosed on the work place safety data sheet does not disclaim or contradict the information disclosed on the supplier safety data sheet;

  • (c) the supplier safety data sheet is readily available for examination by the 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; and

  • (d) the work place safety data sheet discloses that the supplier safety data sheet is available in the work place.

• (2) An employer shall review the accuracy of the information disclosed on a work place safety data sheet referred to in subsection (1) and update it as soon as feasible after new hazard information or significant new data becomes available to the employer.

• (3) If the information required to be disclosed on the work place safety data sheet is not available or not applicable to the hazardous product, the employer shall, in place of the information, insert the words “not available” or “not applicable”, as the case may be, in the English version and the words “non disponible” or “sans objet”, as the case may be, in the French version, of the work place safety data sheet.