This directive includes specific provisions for dealing with asbestos and asbestos containing materials.
This part of the directive enhances and/or supplements Part X (Hazardous Substances) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31739.html#rid-31844]
of the Canada Occupational Health and Safety Regulations and should be read in that context.
10.1.2 Records of all hazardous substances must be readily accessible to employees and may be retained in the work
places concerned or as a centralized record that identifies work place conditions.
10.1.3 Where the department does not control the work place, these records shall be kept and maintained to the
extent possible.
10.1.4 The system developed by departments, in consultation with the work place health and safety committee, to
keep and maintain records of all hazardous substances shall confirm:
- the requirement to use the hazardous substance; and
- the decision to use a hazardous substance was made only after determining:
- the hazardous substance could not be eliminated; or
- a less hazardous substance could not be substituted.
10.2.1 Where a hazardous substance is present in the work place, the department shall:
- appoint a qualified person to carry out an investigation of the type and extent of hazard; and
- notify the work place committee of the pending investigation and of the name of the qualified person appointed
to carry out that investigation, for the purposes of providing for the participation in the investigation.
10.2.2 In additional to the criteria listed in the Regulations, the investigation shall also assess:
- whether a medical examination may be required; and
- whether a periodic medical examination may be required.
10.3.1 Medical examinations for employees exposed to hazardous substances shall be administered as required in
accordance with the Occupational Health Evaluation Standard [http://publiservice.tbs-sct.gc.ca/pubs_pol/hrpubs/TBM_119/CHAP2_13_e.asp]
issued by the Treasury Board Secretariat.
10.3.2 The cost of a medical examination conducted by a physician acceptable to the employee shall be borne by the
employer.
10.4.1
- Departments shall ensure that every fume-hood installed after September 1, 1999 is installed, used, operated
and maintained in accordance with the intent of the appropriate standard.
- Where the fume-hood was installed before September 1, 1999, the above shall be followed to the extent that
is reasonably practicable.
10.5.1 A record of each air sample test required by the Regulations to determine the concentration of an airborne
chemical agent shall be retained for at least five years.
10.6.1 An asbestos management program and code of practice meeting the intent of the appropriate standard shall be
followed where material containing asbestos may exist in any building or facility.
10.7.1 Every assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment
that is used for transferring a hazardous substance from one location to another shall be:
- adequate for its intended purpose;
- operated only by a person aware of the location of every valve and other control or safety device connected
with that system and trained in its proper and safe use; and
- if insulated with asbestos containing materials, conspicuously labelled to identify the substance and to warn
of the potential health risk.
10.8.1 The use of devices capable of producing and emitting energy in the form of ionizing or non-ionizing
radiation shall comply with the appropriate standard.
This part of the directive enhances and/or supplements Part XI (Confined Spaces) [http://laws.justice.gc.ca/en/L-2/SOR-86-304/31919.html#rid-31996]
of the Canada Occupational Health and Safety Regulations and should be read in that context.
In this part:
"confined space" (espace clos) means an enclosed or partially enclosed space that
- is not designed or intended for human occupancy except for the purpose of performing work,
- has restricted means of access and egress, and
- may become hazardous to an employee entering it due to
- its design, construction, location or atmosphere,
- the materials or substances in it, or
- any other conditions relating to it, and includes but is not limited to: a tank, silo, storage bin, process
vessel or other enclosure not designed or intended for human occupancy, in respect of which special precautions are
necessary when an employee is required to enter therein to protect the employee from a dangerous atmosphere, prevent
the employee from becoming entrapped in stored material, or otherwise ensure the employee's safety.
"confined space ship repair" (espace clos dans un navire en réparation), where the confined space relates
to ships or vessels in repair, maintenance or refit, confined space means a storage tank, ballast tank, pump room,
coffer dam or other enclosure, other than a hold, not designed or intended for human occupancy, except for the purpose
of performing work,
- that has poor ventilation,
- where there may be an oxygen deficient atmosphere, or
- in which there may be an airborne dangerous substance.
"qualified person" (personne qualifiée) means a person who, because of knowledge, training and
experience, is qualified to perform safely and properly the duties specified under the directive (this part) in the
following areas:
- hazard assessment
- entry procedures
- emergency procedures
- emergency requirement and equipment maintenance
- entry permits
- hot work
performance of these duties may be assigned to different qualified persons.
"ventilation equipment" (équipement d'aération) where the confined space relates to ships or vessels in
repair, maintenance or refit means a fan, blower, induced draft or other ventilation device used to force a supply of
fresh, respirable atmospheric air into an enclosed space or to remove ambient air from such space.
11.1.1 The employee shall be provided with information on the hazard assessment.
11.2.1 For the purposes of this section, any procedures developed by a department shall include an entry permit
system which shall include a check list of entry requirements to be given to and signed by the employee(s).
11.2.2 No employee shall enter a confined space unless the appropriate entry permit has been issued and signed by a
qualified person and explained to, understood and signed by the employee prior to entry.
11.2.3 Procedures, developed in consultation with the work place committee, shall include those to be followed by
the qualified persons responsible for the inspection, maintenance and testing of all monitoring equipment, personal
protective equipment, ventilating equipment, safety harnesses and any other entry, protective and rescue equipment
used in conjunction with entry into a confined space.
11.2.4 Where a person is about to enter a confined space under an entry permit system, the employer shall appoint a
qualified person (who could be the same person) to verify by means of tests that a percentage of oxygen between 19.5
per cent and 23 per cent by volume, at normal atmospheric pressure, is achievable while the person will be in the
confined space.
11.3.1
- For confined spaces in ships or vessels in repair, maintenance or refit, the employer may use forced
ventilation from the lowest point in the confined space to meet the requirements related to the exposure to the
concentration of chemical agents.
- When conditions in the confined space can be maintained in this state, an entry permit system may be
established in accordance with section 11.2 which will be valid for multiple entries into the confined space during a
specified period.
- The permit shall be valid for a maximum of a shift for uncoated fuel tanks and for a maximum of 24 hours in all
other situations.
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