Canada Occupational Health and Safety Regulations — 9
9 (1) The portion of subsection 10.19(1) of the English version of the Regulations before paragraph (a) is replaced by the following: 10.19 (1) An employee must be kept free from exposure to (2) Paragraph 10.19(1)(a) of the Regulations is replaced by the following: (a) a concentration of an airborne chemical agent, other than airborne grain dust, airborne flour dust and airborne asbestos fibres, in excess of the value established for that chemical agent 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; (3) Paragraphs 10.19(1)(b) and (c) of the English version of the Regulations are replaced by the following: (b) a concentration of airborne grain dust in excess of 4 mg/m 3 ; or (c) a concentration of airborne flour dust in excess of 3 mg/m 3 . (4) Subsection 10.19(1.1) of the English version of the Regulations is replaced by the following: (1.1) An employer must 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 must 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 (TLVs) and Biological Exposure Indices (BEIs) , as amended from time to time. (5) Subsections 10.19(2) to (4) of the Regulations are replaced by the following: (3) If the concentration of an airborne chemical agent is likely to exceed the value referred to in subsection (1) for that chemical agent or the concentration of airborne asbestos fibres is likely to exceed zero, an employer must ensure that a qualified person measures the concentration of the chemical agent or asbestos fibres in the breathing zone of the employees who are most likely to be exposed to the highest concentration of the chemical agent or asbestos fibres in accordance with (a) any method that consists of taking and analyzing samples of the chemical agent or asbestos fibres for the purpose of establishing, for that chemical agent or those asbestos fibres, the threshold limit values TLV-TWA , TLV-STEL or TLV-C as defined in the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs) , as amended from time to time, and that fulfills the following conditions: (i) it is provided for in the United States National Institute for Occupational Safety and Health publication entitled Occupational Exposure Sampling Strategy Manual , as amended from time to time, and (ii) it is appropriate for that chemical agent or those asbestos fibres; (b) a method of taking and analyzing samples that is set out, for the chemical agent or asbestos fibres, in the United States National Institute for Occupational Safety and Health publication entitled NIOSH Manual of Analytical Methods , as amended from time to time; (c) a method of taking and analyzing representative samples of the chemical agent or asbestos fibres with accuracy and with detection levels at least equal to those that would be attained if a method referred to in paragraph (b) for that chemical agent or those asbestos fibres were used; or (d) a scientifically proven method of taking and analyzing representative samples of the chemical agent or asbestos fibres, if no method is set out for that chemical agent or those asbestos fibres in the publication referred to in paragraph (b) and no method is available under paragraph (c) for that chemical agent or those asbestos fibres. (4) An employer must keep a paper or electronic record of each measurement taken under subsection (3) at their place of business that is nearest to the work place where the samples to effect the measurement were taken for a period of 30 years after the day on which the last sample to effect that measurement was