jswizzle3737/ontario_laws_and_regs huggingface dataset:
Designated substances
 2. The following chemical agents are prescribed as designated substances: 1. Acrylonitrile. 2. Arsenic. 3. Asbestos. 4. Benzene. 5. Coke oven emissions. 6. Ethylene oxide. 7. Isocyanates. 8. Lead. 9. Mercury. 10. Silica. 11. Vinyl chloride.  O. Reg. 490/09, s. 2. Application
Acrylonitrile
 3. (1) Subject to subsection (2), this Regulation applies, with respect to acrylonitrile, to every employer and worker at a workplace where acrylonitrile is present, produced, processed, used, handled or stored and at which a worker is likely to be exposed to acrylonitrile.  O. Reg. 490/09, s. 3 (1). (2) With respect to acrylonitrile, this Regulation does not apply to an employer or the workers of an employer at a workplace where acrylonitrile is not produced, processed or used, if a worker’s exposure to acrylonitrile results only from the presence, use, handling or storage of goods made in the last stage of a process using polymers made from acrylonitrile.  O. Reg. 490/09, s. 3 (2).
Arsenic
 4. (1) Subject to subsection (2), this Regulation applies, with respect to arsenic, to every employer and worker at a workplace at which arsenic is produced, processed, used, handled or stored or is a waste product or by-product of a process and at which a worker is likely to be exposed to arsenic.  O. Reg. 490/09, s. 4 (1). (2) With respect to arsenic, this Regulation does not apply to mining operations, including concentrating, milling, washing, crushing, grinding, sifting or conveying of a metallic or non-metallic mineral or mineral-bearing substance or rock, unless the operations are carried on, (a) in a plant where smelting, roasting or refining is carried on; or (b) in or at a place that is contiguous with a plant where smelting, roasting or refining is carried on.  O. Reg. 490/09, s. 4 (2).
Asbestos
 5. (1) This Regulation applies, with respect to asbestos, to, (a) every employer operating a mine or mining plant for the purpose of mining, crushing, grinding or sifting asbestos and to those workers of such an employer who are likely to be exposed to asbestos; (b) every employer processing, adapting or using asbestos in connection with the manufacturing or assembling of goods or products and to those workers of such an employer who are likely to be exposed to asbestos; (c) every employer engaged in the activities set out in subsection (2), and to those workers of such an employer who are engaged in those activities and are likely to be exposed to asbestos, if, (i) on or before December 16, 1985, the employer, (A) put into effect and maintained measures and procedures to control the exposure of workers to asbestos, and (B) incorporated the measures and procedures into an asbestos control program in accordance with the regulations, and (ii) the employer has maintained the control program referred to in sub-subclause (i) (B) in accordance with the regulations.  O. Reg. 490/09, s. 5 (1). (2) The activities mentioned in clause (1) (c) are: 1. The repair, alteration or maintenance of machinery, equipment, aircraft, ships, locomotives, railway cars and vehicles. 2. Work on a building that is necessarily incidental to the repair, alteration or maintenance of machinery or equipment.  O. Reg. 490/09, s. 5 (2).
Benzene
 6. (1) Subject to subsection (2), this Regulation applies, with respect to benzene, to every employer and worker at a workplace where a worker is likely to be exposed to benzene or a product containing benzene, (a) during its transportation or transfer; or (b) during its manufacture, processing, use, handling or storage.  O. Reg. 490/09, s. 6 (1). (2) With respect to benzene, this Regulation does not apply to the delivery of gasoline by a gasoline pump into the fuel tank of a motor vehicle, motor boat or other water craft or into a portable container at a service station or other premises.  O. Reg. 490/09, s. 6 (2).
Coke oven emissions
 7. This Regulation applies, with respect to coke oven emissions, to every employer and worker who works at a metallurgical coke oven and is likely to be exposed to coke oven emissions.  O. Reg. 490/09, s. 7.
Ethylene oxide
 8. This Regulation applies, with respect to ethylene oxide, to every employer and worker at a workplace where ethylene oxide is present.  O. Reg. 490/09, s. 8.
Isocyanates
 9. This Regulation applies, with respect to isocyanates, to every employer and worker at a workplace where isocyanates are produced, used, handled or stored and at which a worker is likely to be exposed to isocyanates.  O. Reg. 490/09, s. 9.
Lead
 10. This Regulation applies, with respect to lead, to every employer and worker at a workplace where lead is present, produced, processed, used, handled or stored and at which a worker is likely to be exposed to lead.  O. Reg. 490/09, s. 10.
Mercury
 11. (1) Subject to subsection (2), this Regulation applies, with respect to mercury, to every employer and worker at a workplace where mercury is present, produced, processed, used, handled or stored and at which a worker is likely to be exposed to mercury.  O. Reg. 490/09, s. 11 (1). (2) With respect to mercury, this Regulation does not apply to, (a) an employer, (i) who is engaged in the practice of dentistry, within the meaning of the Dentistry Act, 1991, or (ii) who has one or more workers who engage in the practice of dentistry, within the meaning of the Dentistry Act, 1991; (b) a worker who works in the office of an employer described in clause (a).  O. Reg. 490/09, s. 11 (2).
Silica
 12. This Regulation applies, with respect to silica, to every employer and worker at a workplace where silica is present, produced, processed, used, handled or stored and at which a worker is likely to be exposed to silica.  O. Reg. 490/09, s. 12.
Vinyl chloride
 13. This Regulation applies, with respect to vinyl chloride, to every employer and worker at a workplace where vinyl chloride is present, produced, processed, used, handled or stored and at which a worker is likely to be exposed to vinyl chloride.  O. Reg. 490/09, s. 13.
Exception — construction
 14. Despite sections 3 to 13, this Regulation does not apply, at a project, to an employer who engages in construction. O. Reg. 189/19, s. 2. Employer Duties
Employer Duties
nan
Duty to third party workers
 15. (1) An employer to whom this Regulation applies with respect to a designated substance shall take every precaution reasonable in the circumstances to ensure the protection of a worker who, (a) is not a worker of the employer; and (b) is working in the workplace of the employer, is exposed to the designated substance and his or her health is likely to be affected by that exposure.  O. Reg. 490/09, s. 15 (1); O. Reg. 189/19, s. 3. (2) A worker shall comply with the requirements an employer imposes for the protection of the worker in accordance with subsection (1).  O. Reg. 490/09, s. 15 (2).
Duty to limit airborne exposure
 16. (1) Every employer shall take all necessary measures and procedures by means of engineering controls, work practices and hygiene facilities and practices to ensure that a worker’s airborne exposure to each of the following designated substances and forms of designated substances does not exceed the TWA, STEL or C set out for the substance or form of substance in Table 1: 1. Benzene. 2. Coke oven emissions. 3. The forms of lead listed in Table 1. 4. The forms of mercury listed in Table 1.  O. Reg. 490/09, s. 16 (1). (2) Every employer shall take all necessary measures and procedures by means of engineering controls, work practices and hygiene facilities and practices to ensure that a worker’s airborne exposure to each of the following designated substances and forms of designated substances is reduced to the lowest practical level and, in any event, does not exceed the TWA, STEL or C set out for the substance or form of substance in Table 1: 1. Acrylonitrile. 2. Arsenic. 3. The forms of asbestos listed in Table 1. 4. Ethylene oxide. 5. The forms of isocyanates listed in Table 1. 6. The forms of silica listed in Table 1. 7. Vinyl chloride.  O. Reg. 490/09, s. 16 (2). (3) Subject to section 18, an employer shall comply with this section without requiring a worker to wear and use a respirator.  O. Reg. 490/09, s. 16 (3); O. Reg. 189/19, s. 4 (1). (4) Revoked: O. Reg. 189/19, s. 4 (2).
Duty re other isocyanates
 17. (1) With respect to isocyanates other than those listed in Table 1, an employer shall,  (a) adopt and implement all such engineering controls, work practices and hygiene practices as are reasonable and practical; and (b) provide a worker who handles, dispenses, mixes, applies, uses, transfers, disposes of, or deals with isocyanates and is likely to inhale isocyanates or come into contact with isocyanates, with appropriate personal protective equipment.  O. Reg. 490/09, s. 17 (1). (2) A worker shall wear and use the personal protective equipment provided by his or her employer when working with isocyanates other than those listed in Table 1.  O. Reg. 490/09, s. 17 (2).
When respirator permitted
 18. (1) An employer shall provide a worker with a respirator if the employer cannot comply with the strict duty imposed by subsection 16 (1) or (2) because, (a) an emergency exists; or (b) the measures and procedures necessary to control the exposure of a worker to the airborne designated substance, (i) do not exist or are not available, (ii) are not reasonable or practical for the length of time or frequency of exposure or the nature of the process, operation or work, or (iii) are not effective because of a temporary breakdown of equipment.  O. Reg. 490/09, s. 18 (1); O. Reg. 189/19, s. 5 (1). (2) A worker who is exposed to any level of an airborne designated substance may request a respirator from his or her employer, and the employer shall provide a respirator in response to the request.  O. Reg. 490/09, s. 18 (2); O. Reg. 189/19, s. 5 (2). (3) An employer who provides a worker with a respirator shall comply with the requirements of the Respiratory Protection Program set out in sections 26.1 to 26.5. O. Reg. 189/19, s. 5 (3). (4) Revoked: O. Reg. 189/19, s. 5 (3). Assessment and Control Program
Assessment and Control Program
nan
Assessment
 19. (1) An employer shall carry out an assessment of the exposure or likelihood of exposure of a worker to a designated substance in the workplace and record it in writing.  O. Reg. 490/09, s. 19 (1). (2) In carrying out the assessment, the employer shall consider and take into account, (a) in the case of acrylonitrile, benzene, ethylene oxide, isocyanates or vinyl chloride, the methods and procedures used or to be used in the production, processing, use, handling and storage of the acrylonitrile, benzene, ethylene oxide, isocyanates or vinyl chloride; (b) in the case of arsenic, lead, mercury or silica, the methods and procedures used or to be used in the processing, use, handling and storage of the arsenic, lead, mercury or silica; (c) in the case of asbestos, the methods and procedures used or to be used in the processing, mining, use, handling and storage of the asbestos; (d) in the case of coke oven emissions, the methods and procedures used or to be used in the metallurgical coking operation; (e) the extent and potential extent of a worker’s exposure to the designated substance; and (f) the measures and procedures that are necessary to control exposure to the designated substance by means of engineering controls, work practices and hygiene facilities and practices.  O. Reg. 490/09, s. 19 (2). (3) The employer shall carry out the assessment in consultation with the joint health and safety committee and the committee may make recommendations respecting the assessment.  O. Reg. 490/09, s. 19 (3). (4) The employer shall provide a copy of the assessment to every member of the joint health and safety committee.  O. Reg. 490/09, s. 19 (4).
Ethylene oxide, emergency program
 21. (1) An employer is not required to develop a control program under section 20 with respect to ethylene oxide for a workplace if, (a) ethylene oxide is handled or stored only in closed cylinders and is not otherwise present in the workplace; and (b) the assessment discloses or would disclose, if carried out in accordance with section 19, (i) that a worker is likely to be exposed to ethylene oxide only in the case of an accident or leak, and (ii) that the health of the worker may be affected.  O. Reg. 490/09, s. 21 (1). (2) If subsection (1) applies, the employer shall, (a) develop, establish, put into effect and maintain measures and procedures to protect workers in the event of an accident or leak of ethylene oxide; and (b) incorporate the measures and procedures described in clause (a) into an emergency program that satisfies the requirements of subsection (3).  O. Reg. 490/09, s. 21 (2). (3) An emergency program respecting ethylene oxide shall include provisions for, (a) identifying, by means of easily visible warning signs, each area where an ethylene oxide cylinder is present; (b) an effective evacuation system; (c) the location and supply of respirators to be used during an emergency; (d) the testing and evaluation, where practical, of the atmosphere to determine the presence or absence of ethylene oxide during and following an emergency; and (e) a training program to familiarize supervisors and workers with the health effects of ethylene oxide and the measures and procedures to be taken in case of an emergency.  O. Reg. 490/09, s. 21 (3); O. Reg. 189/19, s. 7. (4) The employer shall develop the measures and procedures described in clause (2) (a) and the emergency program respecting ethylene oxide in consultation with the joint health and safety committee at the workplace, and the committee may make recommendations respecting the measures and procedures or program.  O. Reg. 490/09, s. 21 (4). (5) The employer shall, (a) provide a copy of the emergency program to every member of the joint health and safety committee; (b) acquaint every worker affected by the emergency program with its provisions; and (c) make a copy of the emergency program available to workers both in English and the majority language of the workplace.  O. Reg. 490/09, s. 21 (5).
Change requiring further assessment
 22. (1) For the purposes of this section, a “change” means, (a) a change in a process involving a designated substance or in the methods and procedures in which the substance is produced, mined, processed, used, handled or stored, as the case may be; and (b) in the case of coke oven emissions, a change in metallurgical coking operations.  O. Reg. 490/09, s. 22 (1). (2) If there is a change in a workplace that could result in a significant difference in the exposure of a worker to a designated substance, the employer shall promptly carry out a further assessment of the exposure or likelihood of exposure of a worker to the designated substance.  O. Reg. 490/09, s. 22 (2). (3) Subsections 19 (2), (3) and (4) apply to a further assessment under this section.  O. Reg. 490/09, s. 22 (3). (4) Sections 20 and 21 apply with respect to the results of a further assessment under this section.  O. Reg. 490/09, s. 22 (4).
Disputes
 23. (1) An employer, a joint health and safety committee or a member of a joint health and safety committee may notify an inspector when a dispute arises between an employer and the joint health and safety committee as to, (a) an assessment or further assessment required under section 19 or 22; (b) measures and procedures mentioned in clause 20 (1) (a) or 21 (2) (a); (c) a control program respecting a designated substance, or any of its provisions required under section 20 or 22; or (d) an emergency program for ethylene oxide, or any of its provisions required under section 21 or 22.  O. Reg. 490/09, s. 23 (1). (2) An inspector who receives a notice under subsection (1) shall investigate the dispute and shall give a decision in writing to, (a) the employer; and (b) the joint health and safety committee.  O. Reg. 490/09, s. 23 (2). (3) Nothing in subsection (2) applies so as to affect the power of an inspector to issue an order for a contravention of this Regulation.  O. Reg. 490/09, s. 23 (3).
Measuring airborne concentrations
 24. (1) An employer shall ensure that procedures for monitoring, sampling and determining airborne concentrations of a designated substance and worker exposure to airborne concentrations of a designated substance, (a) comply with, (i) a standard method for workplace air sampling and analysis or another method recognized in industrial hygiene practice, and (ii) the rules set out in Part I of Schedule 1; and (b) are performed by, or under the direction of, a person who is qualified because of knowledge, training and experience in industrial hygiene practice. O. Reg. 189/19, s. 8. (2) If a direct-reading instrument is used to determine airborne concentrations of a designated substance, the employer shall ensure that the instrument is used, calibrated and maintained in accordance with the manufacturer’s instructions. O. Reg. 189/19, s. 8.
Posting of monitoring results
 25. Whenever results become available under a control program that relate to the monitoring of airborne concentrations of a designated substance and worker exposure to airborne concentrations of a designated substance, the employer shall,  (a) promptly post the results in a conspicuous place or places where they are most likely to come to the attention of workers who would be affected by them and leave them posted for no less than 14 days; (b) provide a copy of the results to the joint health and safety committee; and (c) keep the results for no less than five years.  O. Reg. 490/09, s. 25.
Worker’s duty re control program
 26. Every worker shall work in compliance with the work practices and hygiene practices in accordance with every control program respecting a designated substance that applies to the workplace.  O. Reg. 490/09, s. 26. Respiratory Protection Program
Respiratory Protection Program
nan
Employer duties: respirators
 26.1 (1) An employer who provides a worker with a respirator shall ensure that the respirator, (a) is appropriate in the circumstances for the form and concentration of airborne designated substance in respect of which the respirator is to be used; (b) meets or exceeds the requirements set out in this section and sections 26.2 to 26.5; and (c) is used by workers in accordance with the requirements of this section and sections 26.2 to 26.5. O. Reg. 189/19, s. 9. (2) An employer who provides a worker with a respirator shall establish written measures and procedures regarding the selection, care and use of respirators. O. Reg. 189/19, s. 9. (3) An employer who provides a worker with a respirator shall provide training and instruction to the worker in the care and use of the respirator before the worker first uses the respirator. O. Reg. 189/19, s. 9. (4) The training and instruction required under subsection (3) shall include training and instruction on the following: 1. Limitations of the respirator. 2. Inspection and maintenance of the respirator, including, in the case of an air-purifying respirator, end of service life indicators or change out schedules for the cartridge, canister or filter. 3. Proper fitting of the respirator. 4. Cleaning and disinfecting the respirator. O. Reg. 189/19, s. 9.
Respirator requirements
 26.2 (1) A respirator must meet the following requirements: 1. It must be, i. approved by NIOSH, or ii. approved by a testing and certification agency other than NIOSH and, in the opinion of a person qualified because of knowledge, training and experience in industrial hygiene practice, afford the worker using it protection at least equal to the protection afforded by the use of a respirator approved by NIOSH. 2. It must meet or exceed the applicable assigned protection factor set out in Schedule 2. O. Reg. 189/19, s. 9. (2) An employer who provides a worker with a respirator shall have regard to the following when selecting the respirator: 1. The airborne concentration of the designated substance to which the worker is exposed, calculated in accordance with Part I of Schedule 1, and the maximum use concentration of the respirator. 2. The manufacturer’s information on the intended use, scope and limitations of the respirator. 3. The potential for an atmosphere with an oxygen concentration of less than 19.5 per cent, an IDLH atmosphere, or oil in the atmosphere. O. Reg. 189/19, s. 9. (3) If a respirator is used to protect a worker from exposure to asbestos, it must be, (a) equipped with a HEPA filter; or (b) equipped with a N-100, R-100 or P-100 particulate filter. O. Reg. 189/19, s. 9. (4) If an airline respirator is used in an IDLH atmosphere, it must be fitted with an auxiliary supply of breathing air that is sufficient to permit the worker to escape unassisted from the atmosphere. O. Reg. 189/19, s. 9. (5) If a respirator is supplied with breathing air from an air cylinder or a compressed breathing air system, the following requirements must be met: 1. The breathing air must meet the purity requirements set out in Table 1 of CSA Standard CAN/CSA-Z180.1-13 (R2018), Compressed Breathing Air and Systems (2018). 2. If a compressed breathing air system uses a compressor with an operating pressure greater than 103.4 kPa to supply the breathing air, the breathing air must be tested at least once every six months to ensure that it meets the requirement set out in paragraph 1. 3. The air intake used in connection with a compressed breathing air system must, i. for breathing air delivered by a compressor with an operating pressure greater than 103.4 kPa, be located in accordance with section 6 (Air intakes) and Annex A of CSA Standard CAN/CSA- Z180.1-13 (R2018), Compressed Breathing Air and Systems (2018), and ii. for breathing air delivered by an ambient air system, be located in accordance with section 6 (Air intakes) and Annex B of CSA Standard CAN/CSA-Z180.1-13 (R2018), Compressed Breathing Air and Systems (2018). 4. If a compressed breathing air system uses an oil-lubricated compressor to supply the breathing air, i. a continuous carbon monoxide monitor equipped with audible and visual alarms that activate at 5 ppm must be provided, and ii. the continuous carbon monoxide monitor must be calibrated in accordance with the manufacturer’s instructions. O. Reg. 189/19, s. 9.
Requirements: use of respirator
 26.3 (1) A respirator shall be used in accordance with the manufacturer’s instructions. O. Reg. 189/19, s. 9. (2) A worker shall not be assigned to an operation that requires the use of a respirator unless the worker is physically able to perform the operation while using the respirator. O. Reg. 189/19, s. 9.
Requirements: tight-fitting respirator
 26.4 (1) A respirator that is designed to be tight-fitting shall be tested for fit in accordance with one of the following: 1. A qualitative fit test. 2. A quantitative fit test. O. Reg. 189/19, s. 9. (2) A worker shall conduct positive and negative pressure user seal checks prior to every use of a tight-fitting elastomeric respirator. O. Reg. 189/19, s. 9. (3) A respirator that is designed to be tight-fitting shall not be provided to, or used by, a worker with facial hair that comes between the sealing surface of the facepiece and the face or that interferes with the functioning of the respirator. O. Reg. 189/19, s. 9.
Requirements: care and maintenance of respirator
 26.5 A respirator shall be cared for and maintained in accordance with the manufacturer’s instructions. O. Reg. 189/19, s. 9. Medical Examinations and Clinical Tests
Medical Examinations and Clinical Tests
nan
Physician to receive records
 27. (1) The employer shall provide a copy of a worker’s personal exposure record to a physician who examines the worker or supervises clinical tests on a worker, (a) in accordance with a control program to which subsection 20 (4) applies respecting a designated substance to which the worker may be or has been exposed; or (b) under section 28, where the worker has been exposed to acrylonitrile, arsenic, ethylene oxide or vinyl chloride.  O. Reg. 490/09, s. 27 (1); O. Reg. 189/19, s. 10. (2) If subsection (1) requires an employer to provide a physician with a copy of a worker’s personal exposure record, the worker may request the physician to provide the worker or the worker’s physician with a copy of, (a) the worker’s personal exposure record; (b) the results of the examination or clinical test.  O. Reg. 490/09, s. 27 (2). (3) In the case of a deceased worker, subsection (2) applies, with necessary modifications, to the next of kin or personal representative of the worker.  O. Reg. 490/09, s. 27 (3). (4) A physician who receives a request under subsection (2) or (3) shall comply with the request.  O. Reg. 490/09, s. 27 (4).
Medical examination after exposure to acrylonitrile, arsenic, ethylene oxide or vinyl chloride
 28. (1) A worker who has been exposed to acrylonitrile, arsenic, ethylene oxide or vinyl chloride shall, if he or she agrees, undergo a medical examination and any clinical tests, if, (a) the worker or the worker’s physician has reason to believe that the worker’s health may be affected by the exposure and the worker or physician has so notified the employer in writing; or (b) the employer has reason to believe that the worker’s health may be affected by the exposure and the employer has so notified the worker in writing.  O. Reg. 490/09, s. 28 (1); O. Reg. 189/19, s. 11 (1). (2) The employer shall pay the expenses of the medical examination and clinical tests.  O. Reg. 490/09, s. 28 (2). (3) The purpose of the medical examination and clinical tests is to determine whether the worker has an occupational illness because of the exposure to acrylonitrile, arsenic, ethylene oxide or vinyl chloride and whether the worker is fit, fit with limitations or unfit to continue working in exposure to acrylonitrile, arsenic, ethylene oxide or vinyl chloride.  O. Reg. 490/09, s. 28 (3); O. Reg. 189/19, s. 11 (2).
Results of examinations and tests
 29. (1) This section applies when a physician conducts a medical examination of a worker or supervises clinical tests of a worker, (a) in accordance with a control program to which subsection 20 (4) applies respecting a designated substance to which the worker may be or has been exposed; or (b) under section 28, where the worker has been exposed to acrylonitrile, arsenic, ethylene oxide or vinyl chloride.  O. Reg. 490/09, s. 29 (1); O. Reg. 189/19, s. 12 (1). (2) The physician who conducts the medical examination or supervises the clinical tests shall advise the worker and the worker’s employer whether the worker has an occupational illness because of exposure to a designated substance and whether the worker is fit, fit with limitations or unfit to continue working in exposure to the designated substance.  O. Reg. 490/09, s. 29 (2). (3) In advising the worker and the worker’s employer that the worker is fit with limitations or unfit to continue working in exposure to a designated substance, the physician shall, (a) be governed by the Code for Medical Surveillance; and (b) provide the advice without giving or disclosing to the employer the records or results of the examination or tests.  O. Reg. 490/09, s. 29 (3); O. Reg. 189/19, s. 12 (2). (4) The worker’s employer shall act in accordance with the advice provided by a physician under subsection (2).  O. Reg. 490/09, s. 29 (4). (5) If a worker is removed from working in exposure to a designated substance because a medical examination or clinical test discloses that the worker has or may have a condition resulting from exposure to the substance and the worker suffers a loss of earnings occasioned thereby, the worker is entitled to compensation for the loss in the manner and to the extent provided by the Workplace Safety and Insurance Act, 1997.  O. Reg. 490/09, s. 29 (5). (6) On advising the worker and the worker’s employer that the worker is fit with limitations or unfit to continue working in exposure to a designated substance, the physician shall also advise the joint health and safety committee, in writing and on a confidential basis, and in giving the advice shall indicate his or her opinion as to the interpretation to be placed on the advice.  O. Reg. 490/09, s. 29 (6). (7) On advising the worker and the worker’s employer that a worker is fit with limitations or unfit to continue working in exposure to a designated substance, the physician shall promptly communicate that advice to the Provincial Physician.  O. Reg. 490/09, s. 29 (7).
Retention: personal exposure records
 30. (1) A physician who is provided with a copy of a worker’s personal exposure record under clause 27 (1) (a) shall keep the copy in a secure place until the later of the following dates: 1. The 40th anniversary of the date the first record was created in the personal exposure record. 2. The 20th anniversary of the date the last record was added to the personal exposure record.  O. Reg. 490/09, s. 30 (1). (2) If the physician is no longer able to keep the copy of the personal exposure record, he or she shall forward it to the Provincial Physician or to a physician designated by the Provincial Physician, who shall keep the copy until the later of the dates specified in subsection (1).  O. Reg. 490/09, s. 30 (2); O. Reg. 148/12, s. 1. (3) If a physician is not required by subsection (1) to keep a copy of a worker’s personal exposure record, the employer shall keep the record in a secure place until the later of the dates specified in subsection (1).  O. Reg. 490/09, s. 30 (3). (4) If the employer is unable to keep the personal exposure record, the employer shall forward it to the Provincial Physician, who shall keep it until the later of the dates specified in subsection (1).  O. Reg. 490/09, s. 30 (4).