Asbestos

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Asbestos is a general name used for a group of fibrous mineral silicates that include: chrysotile (white asbestos), crocidolite (blue), amosite (brown), anthophyllite, tremolite, and actinolite. Because of its resistance to heat and fire, many industries used asbestos in applications such as fireproofing, thermal insulation, textiles, cement products, paper products, and high-friction materials.

Asbestos may cause long-term health effects including asbestosis, lung cancer, and mesothelioma when workers are repeatedly exposed to airborne levels above the occupational exposure limits. Employers, contractors, and owners must make every effort to minimize exposure of workers and other occupants to airborne asbestos fibres.

The Asbestos Abatement Regulations under the Occupational Health and Safety (OHS) Act provide the legislative rules and requirements for the safe handling of asbestos-containing materials in workplaces in Newfoundland and Labrador. This legislation applies to:

  • Every workplace covered under OHS legislation where asbestos or asbestos-containing materials are likely to be handled, dealt with, disturbed, or removed. This requirement includes everyone engaged in or on the project;
  • The repair, alteration, or maintenance of a building or structure containing asbestos. This requirement includes the owner and everyone engaged in the activities;
  • Every building or structure in which a material that contains asbestos has been used and to the owner of it;
  • The demolition, repair, alteration, or maintenance of machinery, equipment, aircraft, ships, locomotives, railway cars, and vehicles containing asbestos and to everyone engaged in these activities; and
  • Other operations involving a risk of exposure to asbestos dust or fibres.

Note: OHS Division may grant an exemption if it is impractical to comply with these requirements. Exemptions will only be granted where a level of protection that is equal or greater than the regulations is provided and maintained.

Employer, Owner, and Contractor Responsibilities

Hazard recognition and risk assessment

Employers, contractors, and owners must:

  • Monitor the use or presence of asbestos at the workplace.
  • Make sure that materials suspected of containing asbestos are handled as if they are asbestos-containing until a competent laboratory determines otherwise.
  • Assess the risk of exposure of workers to airborne asbestos fibres. The risk assessment must:
  • Bear the cost of identification, monitoring, and other associated activities for the protection of workers.

Before work begins to demolish or salvage machinery, equipment, buildings, or structures, an employer, contractor or owner must:

  • Inspect the site to identify asbestos-containing materials that may be handled, disturbed, or removed;
  • Make the results of the inspection available to workers at the worksite, including drawings, plans, or specifications showing the location of asbestos-containing materials;
  • Make sure that the asbestos-containing materials found are safely contained or removed; and
  • Stop all work until the asbestos-containing materials found during demolition or salvage work are contained or removed.

Asbestos management plan

Where a building or structure contains an asbestos-containing material, the employer, contractor, or owner must develop and implement a written asbestos management plan. The plan must consider the specific features of the workplace, and include: .

  • A description of each operation that has the potential to release asbestos fibres;
  • A description of the specific means for controlling exposure to asbestos fibres, such as enclosures and glove bags.
  • Engineering plans, safety data sheets (SDS), or other relevant technical information;
  • Air monitoring data on the efficiency of controls measures; and
  • A description of the work practices or administrative controls needed.

Asbestos abatement contractor registration and notification to OHS Division

To minimize exposure to airborne fibres released from asbestos-containing materials, asbestos abatement contractors must:

  • Not enter into, engage in, or work at the business of asbestos removal unless they hold a valid contractor's asbestos abatement certificate.
  • Apply for a contractor's abatement certificate from OHS Division.
  • Demonstrate that each asbestos abatement worker has the necessary training to perform their work safely.

Note: Where an employer’s workers perform limited asbestos removal during routine maintenance of their property or usual place of business, and under the supervision of trained workers, the employer is not required to register as an asbestos abatement contractor with OHS Division.

Before starting asbestos removal, employers, owners and registered asbestos abatement contractors must notify OHS Division in writing of the:

  • Nature and place of work;
  • Type and quantity of asbestos or material containing asbestos;
  • Total number of workers exposed;
  • Duration or anticipated duration of the work period; and
  • Protective and preventive measures to be taken.

Note: For more information on becoming a asbestos abatement contractor or notifying OHS Division of an asbestos abatement project, visit the Newfoundland and Labrador Registered Abatement Contractors website.

Worker education

Employers must:

  • Make sure a worker does not work in asbestos abatement until one of the following conditions are met:
    • The worker completes Three-Day Asbestos Training and is qualified; or
    • The worker completes One-Day Asbestos Training and is under the supervision of a qualified worker who has completed Three-Day Asbestos Training.
  • Make sure that a maximum of five workers with One-Day Training are supervised by a worker with Three-Day training.
  • Provide education and training to workers who work with asbestos or are likely to be exposed to airborne asbestos of the hazards of exposure, including the nature and degree of health effects, and measures to minimize hazards.

Health surveillance

Employers must:

  • Assess the need for and extent of health surveillance for workers, using the following guidelines:
    • The International Code of Ethics for Occupational Health Professionals; and
    • The International Labour Organization's Technical and Ethical Guidelines for Health Surveillance.
  • Pay for the workers’ medical examination as required by the Chief Occupational Medical Officer.
  • Make sure that a medical examination is performed during regular working hours without loss of pay to the worker.
  • Explain to the worker the purpose and results of the health surveillance and maintain the confidentiality of personal and medical information.
  • Inform the worker of the medical examination results and make the health surveillance records available to the worker or, upon request, to their health care provider.
  • Establish and maintain an accurate record for each employee for a period required by OHS Division. Examples of records may include:
    • Medical examination reports;
    • Detailed work history; and
    • Training records.
  • Notify OHS Division where a worker is diagnosed with an occupational disease set out in the Schedule, such as asbestosis, mesothelioma, or lung cancer.
  • Notify WorkplaceNL within three days of being notified of a worker’s diagnosis of an occupational disease, where the worker is disabled from earning full wages or the worker is entitled to medical aid.

Note:Where a physician finds that a person has an occupational disease, they must, within seven days of the diagnosis:

  • Notify OHS Division, in writing, of the name, address and place of employment of the person and the nature of the occupational disease; and
  • Notify the person examined by the physician that he or she has an occupational disease and the nature of that disease.

Asbestos Abatement - General

Work procedures

Employers, contractors, and owners engaged in asbestos abatement must:

  • Not allow a person to apply or spray asbestos-containing material.
  • Not allow the use of crocidolite or any product containing this material.
  • Substitute an asbestos-containing material for a less hazardous material, where practical.
  • Employ engineering and administrative controls for the safe use of asbestos-containing materials.
  • Provide local exhaust ventilation with the discharged air passed through an effective filter or another effective means, when generating dust:
    • From cutting insulating materials with power or hand saws;
    • When mixing mortar containing asbestos; and
    • From any other work being done with asbestos-containing materials.

Before starting work that may cause the release of asbestos fibres, employers, contractors, and owners must:

  • Restrict access to the work area by isolating the area.
  • Post signs in prominent locations at entrances to the work area. They must warn about a hazard and only allow authorized persons entry. Hand-painted signs are not permitted.
  • Isolate the worksite heating and ventilation system to prevent the movement of asbestos fibres and other contaminants to areas outside the work area. Turn off the heating and ventilation system and seal off any openings with polyethylene sheeting.
  • Disconnect electrical power to permanent fixtures. Make temporary connections to light the work area and power the operation of asbestos removal equipment. Take every precaution to avoid electrical shock by using ground fault protection on all equipment.
  • Remove ceiling-mounted objects such as light fixtures, partitions, and other fixtures immediately before the asbestos removal operation begins. Require all workers and other persons present during this activity to take all precautions necessary to prevent exposure to airborne asbestos fibres (e.g., PPE, decontamination, etc.).
  • Clean equipment and materials inside the containment area.
  • Use light water spray, instead of saturation, to slow fibre dispersal when an electrical fixture is removed.
  • Remove all portable equipment, furniture, and miscellaneous items from the work area.
  • Seal the floors, walls, and any remaining equipment and furniture with a double layer of polyethylene sheeting.
  • Immediately repair any damage to the polyethylene sheeting as it occurs during work.
  • Provide only one route between the decontamination area and the work area, except in unusual situations.
  • Construct an air lock at the immediate entrance to the work area using layers of polyethylene sheeting with at least one metre overlap between layers. Weight the sheeting at the bottom to keep the air lock flaps closed.
  • Construct a decontamination area at the entrance to the work area with an enclosed corridor connecting them, if required.
    • Where a three-chambered decontamination unit is required, the chambers must include a clean change area (outermost chamber), shower area (middle chamber) and dirty area (innermost chamber; adjacent entrance to the immediate work area).
    • Supply hot and cold water (or warm water) in a shower area, and clean towels for each work shift.
    • A dirty chamber must allow for the storage of contaminated work clothing and personal protective equipment.
  • Provide toilet facilities in the work area and, when not available, provide portable services.

Following asbestos abatement and during cleanup, employers, contractors, and owners must:

  • Pass equipment through the decontamination route before removal. Wet and clean until no visible contamination is present.
  • Treat all materials used to construct the enclosure (e.g., polyethylene sheeting, etc.), contaminated disposable PPE, and similar contaminated materials as asbestos waste.
  • Make sure showers are removed last, and are dismantled in order, when dismantling the work area. Showers must be available to workers until the removal and cleanup is complete.
  • Wet and clean the area as many times as necessary after gross cleanup and disposable to make sure airborne asbestos fibre levels are safe for occupancy by persons not protected by protective clothing and respiratory protection.

Air monitoring

Employers, contractors, and owners must demonstrate, through air monitoring, that engineering controls and respirators are adequate during asbestos abatement and that work areas are thoroughly cleaned after it has been abated.

A qualified person (for asbestos air monitoring) must conduct air monitoring using an approved method (e.g., membrane filter collection method with analysis by phase-contract microscopy).

Employers must maintain a worker’s exposure to airborne asbestos to the lowest practical level and not exceed the current threshold limit values issued by the American Conference of Governmental Industrial Hygienists (ACGIH).

Air monitoring may include:

Personal protective equipment, personal hygiene and decontamination

Employers, contractors and owners must:

  • Comply with the work practices and hygiene practices of the Asbestos Abatement Regulations.
  • Make sure respirators are selected, inspected, maintained, and used in accordance with CSA Standard Z94.4, Selection, care, and use of respirators.
    • Provide workers who remove asbestos-containing products from a machine, building, or structure with a positive air-purifying respirator or supplied-air respirator with a full-facepiece appropriate to the level of exposure.
    • Provide a worker who performs operations with negligible exposure to asbestos fibres with a negative air-purifying respirator with a half-facepiece, appropriate to the level of exposure.
  • Provide and pay for appropriate work clothing where a workers’ clothing may become contaminated with asbestos, such as disposable clothing or other clothing acceptable to OHS Division.
    • Disposable clothing contaminated with asbestos must not be removed from the work area, but instead must be discard as asbestos waste.
  • Where reusable clothing is used, provide an acceptable cleaning and sanitizing program approved by OHS Division and make sure that handling and cleaning is either performed in a controlled environment to prevent the release of asbestos dust, or using special protective clothing.
  • Provide all persons present during cleanup with protective clothing and respiratory protection.
  • Be responsible for cleaning, maintaining, and storing work clothing, special protective clothing, and personal protective equipment.
  • Provide facilities for workers to wash, and shower or bath when exposed to asbestos.
  • Make sure that all persons leaving the work area after starting the removal of asbestos go through the decontamination area, except in the case of a serious injury or illness requiring medical aid.

Encapsulants

When it is practical to allow an asbestos-containing product to remain within a workplace, use an encapsulant to prevent asbestos fibres from entering the air. Encapsulants must not be applied to a visibly deteriorated or insufficiently strong friable material that contains asbestos.

When using an encapsulant, employers, contractors and owners must:

  • Develop a maintenance program that includes:
    • Labels to identify asbestos-containing material;
    • Training workers on the location of the material along with special precautions and procedures required during maintenance; and
    • Inspection procedures and schedules to assess the risk of fibre release.
  • Make sure that the workers use airless spray equipment to apply the encapsulant, penetrant, or bridging, over the surface of the asbestos-containing material.
  • Use the enclosure method applicable to the type of work activity.
  • Make every effort to not disturb the asbestos-containing material while constructing and using the enclosure.
  • Perform periodic visual inspections and air monitoring based on the type of work activity being performed.

Transport and disposal of waste

During the transport and disposal of asbestos-containing waste, the employer, contractor, or owner must:

  • Acquire a disposal permit from OHS Division.
  • Conduct disposal in compliance with OHS Division requirements.
  • Take appropriate measures to prevent general environment pollution through the release of asbestos dust.

Type I ASBESTOS ABATEMENT

The following work activities require Type I asbestos abatement:

  • Installing or removing non-friable asbestos-containing materials without breaking.
  • Using non-powered hand tools to disturb, cut, or abrade non-friable asbestos-containing materials when wet.
  • Removing 1.5 square metres (16 square feet) or less of asbestos-containing ceiling tiles if they are not broken or cut.
  • Removing 0.93 square metres (10 square feet) or less of drywall with asbestos-containing joint compound.

Work procedures

Employers, contractors and owners must:

  • Not permit dry removal of asbestos-containing material.
  • Erect warning signs and barricades near the perimeter of the work area.
  • Use polyethylene drop sheets.
  • Encapsulate exposed surfaces upon completion for removal and cleanup.
  • Wet asbestos-containing materials.
  • Use Type II abatement procedures if materials cannot be adequately wetted.

On exiting an asbestos work area, workers must:

  • HEPA vacuum any dust and debris off clothing and drop sheets before removing them from the work area.
  • Wet wipe PPE, tools and equipment before removing them from the work area.

Air monitoring

Air monitoring must include:

  • Initial sampling to confirm airborne levels.
  • Periodic sampling completed over each 12 month period to validate the exposure predicted by the initial sampling.
  • Visual inspection after abatement and cleanup activities are complete. Maintain written documentation of the visual inspection, including details of the controls and PPE used, and conditions at the time of the inspection.

Personal protective equipment

Workers must wear PPE that includes:

  • Respiratory protection selected using a risk assessment and that meets or exceeds the protection factor provided by a half-face respirator equipped with P100 filters;
  • Disposable clothing consisting of full body coveralls;
  • Appropriate footwear;
  • Gloves; and
  • Other PPE appropriate to other hazards at the work site.

Type II ASBESTOS ABATEMENT

The following work activities require Type II asbestos abatement:

  • Using hand tools to cut, drill, or abrade dry non-friable materials.
  • Using power tools equipped with HEPA filtration. If power tools are not equipped with a HEPA filter, work must proceed to Type III abatement procedures.
  • Removing ceiling tiles which may contain friable asbestos-containing material on the surface.
  • Removing less than 0.09 square metres (one square foot) friable materials.
  • Removal using a glove bag.
  • Dry buffing and stripping asbestos-containing floor tiles.
  • Renovating or demolishing drywall joint compound, stucco, mortar, or plaster.
  • Repairing or enclosing friable asbestos-containing materials.
  • Removing more than 0.93 square metres (10 square feet) and less than 9.29 square metres (100 square feet) of asbestos-containing ceiling tiles.
  • Containments less than 9.29 square metres (100 square feet) for all abatement other than asbestos-containing floor tiles.

Work procedures

Employers, contractors and owners must:

  • Contain the area by sealing openings and doors, using a mini enclosure or glove bag(s), or using power tools equipped with HEPA filtration. Select the appropriate containment method during a risk assessment conducted by a competent individual.
  • Erect warning signs and barricades near the perimeter of the work area or on or near the entrance to a mini enclosure.
  • Use polyethylene drop sheets.
  • Provide ventilation that creates at least -0.02 inches of water (5 pascals) of negative pressure inside a mini enclosure or glove bag for the entire removal process.
  • Encapsulate exposed surfaces upon completion for removal and cleanup.
  • Wet asbestos-containing materials.
  • Use Type III abatement procedures if airborne asbestos concentrations exceed ACGIH threshold limit values.
  • Provides a separate decontamination room constructed at the entrance to the work area. [Guidance on low risk abatement]

Air monitoring

Air monitoring must include:

  • Clearance air sampling.
  • An evaluation of the need for personal and perimeter samples based on a risk assessment that considers the size and duration of the project.
  • Visual inspection after abatement and cleanup activities are complete. Maintain written documentation of the visual inspection, including details of the controls and PPE used, and conditions at the time of the inspection.

Personal protective equipment

Workers must wear PPE that includes:

  • Respiratory protection selected based upon a risk assessment that meets or exceeds the protection factor provided by a half-face respirator equipped with P100 filters;
  • Disposable clothing consisting of full body coveralls;
  • Appropriate footwear;
  • Gloves; and
  • Other PPE appropriate to other hazards at the work site.

Type III ASBESTOS ABATEMENT

The following work activities require Type III asbestos abatement:

  • Using hand tools to cut, drill, or abrade dry friable materials.
  • Using power tools not equipped with a HEPA filter.
  • Removing 0.09 square metres (one square foot) or more friable materials.
  • Removing more than 9.29 square metres (100 square feet) of asbestos-containing ceiling tiles.
  • Work areas more than 9.29 square metres (100 square feet) with the exception of asbestos-containing floor tiles.

Work procedures

Employers, contractors and owners must:

  • Provide ventilation that creates at least -0.02 inches of water (5 pascals) of negative pressure inside the enclosure for the entire removal process.
  • Make sure the air exchange rate inside the enclosure is at least four changes an hour.
  • Make sure the ventilation system provided for negative pressure is designed for use in toxic environments and is equipped with properly maintained HEPA filters.
  • Assess the enclosure for integrity before starting work, including confirming the level of negative pressure using an acceptable method or device (e.g., smoke testing, pressure differential, etc.).
  • Remove asbestos-containing materials in small sections.
  • Thoroughly spray the asbestos-containing material with amended water, leave untouched for several hours, and respray immediately before removing the material.
    • A systematic puncturing method for surfaces coated with a water-resistant material is recommended to allow water penetration.
  • Wet fallen material so that water can easily be squeezed from it by hand.
  • Follow the steps below when removing fallen material that has been stripped from walls, ceilings, etc. This material must remain wet until sealed in bags.
    • Scrape the fallen material into a pile with a rubber blade and immediately shovel into an approved asbestos disposal bag or another equivalent means.
    • Double bag the material or use another equivalent means.
    • Decontaminate the bag or equivalent means of disposal.
    • Dispose of the materials in container(s) acceptable to the OHS Division.
    • Label, transport, and dispose of container(s) in accordance with the OHS Division's specifications.

Air monitoring

Air monitoring must include:

Personal protective equipment, personal hygiene and decontamination

Workers must wear PPE that includes:

  • A positive air-purifying respirator or supplied-air respirator with a full-facepiece, appropriate to the level of exposure.
  • Disposable clothing consisting of full body coveralls;
  • Appropriate footwear;
  • Gloves; and
  • Other PPE appropriate to other hazards at the work site.

Make sure that workers:

  • Remove work clothes and leave them in an area between the work area and shower room.
  • Make sure that all person’s shower before leaving the enclosure after the asbestos removal has started.
  • Remove respiratory protection only as they enter the shower.
  • After thoroughly showering, enter the clean side of the decontamination area to dress and leave the site.

Worker Responsibilities

Workers must:

  • Not engage in asbestos abatement work unless one of the following conditions are met:
    • The worker completes Three-Day Asbestos Training and is qualified; or
    • The worker completes One-Day Asbestos Training and is under the supervision of a qualified worker who has completed Three-Day Asbestos Training.
  • Undergo a medical examination as part of a health surveillance program, if requested by OHS Division.

Related Topics

Asbestos

Any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite or tremolite.

Asbestosis

A type of lung disease caused by exposure to asbestos fibres.

Mesothelioma

A type of cancer of the pleural lining of the lungs caused by exposure to asbestos fibres.

Asbestos Abatement

The act or process of reducing or otherwise removing asbestos.

Asbestos-containing material

A material containing more than 1 per cent asbestos by dry weight.

Everyone

Everyone includes the project owner, contractor, employer and worker.

owner

A trustee, receiver, tenant or occupier, or a person for whose direct benefit on completion work is being done.

Asbestos dust

Airborne particles of asbestos or settled particles of asbestos which are liable to become airborne in the working environment.

OHS Division

Occupational Health and Safety Division, of Digital Government and Service NL regulates occupational health and safety on all provincial workplaces in the province of Newfoundland and Labrador. To date there are approximately 16,000 Employers employing about 220,000 workers in the province.

The Division is supported by a complement of staff including inspections officers, industrial hygienists, engineers and radiation specialists to perform various multi-disciplinary activities such as:

  • Investigating workplace accidents and statistics
  • Conducting compliance inspections and detailed audits of workplaces
  • Hygiene assessments of various physical, chemical, biological and ergonomic agents in the workplace in order to protect worker health
  • Evaluating and inspecting radiation control measures in workplaces
  • Enforcing Occupational Health and Safety Legislation

https://www.gov.nl.ca/dgsnl/department/branches/divisions/ohs/

Competent laboratory

A competent laboratory would use polarized-light microscopy, be able to report the percentage range as well as type of asbestos in the material and have demonstrated competence in the analysis of asbestos through enrollment in a quality assurance program.

Qualified person (for asbestos risk assessment)

A person who has the knowledge and skills required to assess a building or structure for asbestos. https://www.gov.nl.ca/dgsnl/ohs/safety-info/si-asbestos-abatement-contractors/

OHS committee

Where 10 or more workers are employed at a workplace, the employer shall establish an occupational health and safety committee to monitor the health, safety and welfare of the workers employed at the workplace.
A committee shall consist of 2 to 12 persons. Where the employer and workers cannot agree on the size of the committee, the minister may establish its size.
At least half of the members are to be persons representing the workers who are not connected with the management. The persons representing the workers are to be elected by other workers or appointed in accordance with the constitution of the union of which the workers are members.
The employer shall appoint sufficient employer representatives to ensure that the committee may function.
The employer and worker members of a committee shall elect a co-chair person from their respective groups.
The employer shall post the names of the committee members in a prominent place at the workplace.
A committee:
  • Shall seek to identify aspects of the workplace that may be unhealthy or unsafe;
  • Shall participate in a workplace inspection that an employer is required by the regulations to conduct;
  • May make recommendations to principal contractors, employers, workers, self-employed persons and the assistant deputy minister or an officer for the enforcement of standards to protect the health, safety and welfare of workers at the workplace;
  • Shall receive complaints from workers as to their concerns about the health and safety of the workplace and their welfare;
  • Shall establish and promote health and safety educational programs for workers;
  • Shall maintain records as to the receipt and disposition of complaints received from workers;
  • Shall co-operate with the assistant deputy minister or an officer who is exercising his or her duties under the act; and
  • Shall perform those other duties and follow those procedures that may be prescribed by the regulations.
Meetings of a committee shall take place during regular working hours at least once every 3 months and a worker is not to suffer loss of pay or other benefits while engaged in a meeting of a committee.

Worker Health and Safety Representative

Where less than 10 workers are employed at a workplace, the employer shall ensure that a worker not connected with the management of the workplace is designated as the worker health and safety representative to monitor the health, safety and welfare of workers employed at the workplace.

The worker health and safety representative is to be elected by other workers at the workplace or appointed in accordance with the constitution of the labour union of which the workers are members.
The employer shall post the name of the worker health and safety representative in a prominent place at the workplace.
A worker health and safety representative has the same duties as those imposed upon a committee where that is reasonably practicable.
A worker health and safety representative shall consult with his or her employer while performing his or her duties.

Friable material

Material that when dry can be crumbled, pulverized or powdered by hand pressure and includes the material that is crumbled, pulverized or powdered.

Safety Data Sheet

A safety data sheet (SDS) provided by a supplier that contains information required by the Hazardous Products Act (Canada), including potential hazards of a hazardous substance, instructions on how to work safely with it, and actions to take in an emergency. A SDS should not be confused with the label; as it contains much more detailed information.
Before using a hazardous product, it's essential to conduct a risk assessment by reading and fully understanding the SDS.

Contractor's asbestos abatement certificate

The contractor's asbestos abatement certificate may be granted if the applicant or the applicant's agent:
(a) has completed a course in asbestos abatement and is qualified;
(b) has employees who have completed a course in asbestos abatement and are qualified; and
(c) has the necessary control equipment available for use as described in the regulations.

Polyethylene sheeting

Must be considered to be no less than six millimetres in thickness. . Sheeting must also have a suitable flame spread rating according to section 2.3 of the National Fire Code, if applicable.

Decontamination area

A specialized area located near the immediate entrance to the work area which all persons entering and exiting the enclosure must pass through. It includes facilities for personnel to wash and store contaminated clothing and PPE.

ACGIH (American Conference of Governmental Industrial Hygienists)

The American Conference of Governmental Industrial Hygienists (ACGIH) is a scientific organization that develops occupational exposure limits for chemical and physical hazards. These limits can be found in their TLVs® and BEIs® book.
In Newfoundland and Labrador, acceptable occupational exposure limits are established by the ACGIH.

Area air sampling

Measurements collected outside and adjacent to the enclosure to detect leakage. Also known as perimeter air sampling.

Personal air sampling

Measurements collected inside the enclosure on workers to assess their exposure and adequacy of respiratory protection.

Clearance air sampling

Measurements taken inside the enclosure after abatement has finished, but before removing the enclosure, to make sure that it is safe to remove the enclosure.

Disposable clothing

Disposable clothing consists of:
(a) full body coveralls complete with hood, appropriate footwear and disposable gloves; and
(b) a NIOSH-approved respirator.

Encapsulant

A protective material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibres into the air.

HEPA filters

A high efficiency particulate aerosol filter that is at least 99.97 per cent efficient in collecting a 0.3 micrometre aerosol.

Amended water

Water to which a wetting agent has been added in accordance with manufacturers specifications.

Approved asbestos disposal bag

Six millimetre or thicker polyethylene bags containing asbestos warning labels. Bags should be yellow but, in all cases, must be prominently and appropriately labeled and identify they contain asbestos fibers or asbestos waste. Asbestos waste must be double bagged.

OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.N.L. 1990, c. O-3

Section 37 Committees

37. Where 10 or more workers are employed at a workplace, the employer shall establish an occupational health and safety committee to monitor the health, safety and welfare of the workers employed at the workplace.

[S.N.L. 1999, c. 28, s. 9]

Section 38 Membership of committees

38. (1) A committee shall consist of the number of persons that may be agreed to by the employer and the workers but shall not be less than 2 nor more than 12 persons.

(2) At least half of the members of a committee are to be persons representing the workers at the workplace who are not connected with the management of the workplace.

(3) The persons representing the workers on the committee are to be elected by other workers at the workplace or appointed in accordance with the constitution of the union of which the workers are members.

(4) Where the employer and workers cannot agree on the size of the committee, the minister may establish its size.

(5) The employer shall appoint sufficient employer representatives to ensure that the committee may function.

(6) The employer and worker members of a committee shall elect a co- chairperson from their respective groups.

(7) The employer shall post the names of the committee members in a prominent place at the workplace.

Section 39 Duties of committees

39. A committee established under section 37

(a) shall seek to identify aspects of the workplace that may be unhealthy or unsafe;

(a.1) shall participate in a workplace inspection that an employer is required by the regulations to conduct;

(b) may make recommendations to principal contractors, employers, workers, self-employed persons and the assistant deputy minister or an officer for the enforcement of standards to protect the health, safety and welfare of workers at the workplace;

(c) shall receive complaints from workers as to their concerns about the health and safety of the workplace and their welfare;

(d) shall establish and promote health and safety educational programs for workers;

(e) shall maintain records as to the receipt and disposition of complaints received from workers under paragraph (c);

(f) shall co-operate with the assistant deputy minister or an officer who is exercising his or her duties under the Act; and

(g) shall perform those other duties and follow those procedures that may be prescribed by the regulations.

[S.N.L. 2001, c. 10, s. 29]

Section 40 Meetings of committee

40. Meetings of a committee shall take place during regular working hours at least once every 3 months and a worker is not to suffer loss of pay or other benefits while engaged in a meeting of a committee.

Section 41 Worker representative

41. (1) Where less than 10 workers are employed at a workplace, the employer shall ensure that a worker not connected with the management of the workplace is designated as the worker health and safety representative to monitor the health, safety and welfare of workers employed at the workplace.

(2) The employer shall provide and pay for training for the worker health and safety representative.

(3) The training provided under subsection (2) shall meet the requirements the Workplace Health Safety and Compensation Commission may set.

(4) The worker health and safety representative shall participate in the training provided under this section.

(5) An employer shall compensate a worker for participating in training under this section as if the training were regular work.

[S.N.L. 2001, c. 10, s. 30; 2004, c. 47, s. 27]

Section 42 Election of representative

42. The worker health and safety representative is to be elected by other workers at the workplace or appointed in accordance with the constitution of the labour union of which the workers are members.

Section 43 Posting name

43. The employer shall post the name of the worker health and safety representative or the workplace health and safety designate in a prominent place at the workplace.

[S.N.L. 2004, c. 52, s. 9]

Section 44 Duties of representative

44. (1) A worker health and safety representative or the workplace health and safety designate has the same duties as those imposed upon a committee under section 39, where that is reasonably practicable.

(2) A worker health and safety representative or the workplace health and safety designate, where the workplace health and safety designate is not the employer, shall consult with his or her employer while performing his or her duties under subsection (1).

(3) Where the workplace health and safety designate is the employer, he or she shall consult with the workers while performing his or her duties under subsection (1).

[S.N.L. 2004, c. 52, s. 10]

Section 60 Duty of physician

60. Where a physician finds that a person examined by him or her has an occupational disease the physician shall, within 7 days of the diagnosis,

(a) notify the assistant deputy minister, in writing, of the name, address and place of employment of the person and the nature of the occupational disease; and

(b) notify the person examined by the physician that he or she has an occupational disease and the nature of that disease.

61. Repealed. [S.N.L. 2009, c. 19, s. 3]

Occupational Health and Safety Regulations, 2012
N.L.R. 5/12

Part II NOTICE REQUIREMENTS

Section 9 Notifiable occupational diseases

9. (1) The occupational diseases for which notification is required under section 60 of the Act shall be those set out in the Schedule.

(2) Notwithstanding that it is not a disease referred to in the Schedule, an employer shall inform the minister of a disease or illness affecting a worker in his or her employ that is determined by a medical practitioner to be an occupational or work related disease or illness.

(3) Where an employer is advised by or on behalf of a worker that the worker has an occupational disease or that a claim in respect of an occupational disease has been filed with the Workplace Health, Safety and Compensation Commission by or on behalf of the worker, the employer shall give notice to the division within 3 days of being advised.

Part VI OCCUPATIONAL HEALTH REQUIREMENTS

Section 42 Hazardous substances

42. (1) An employer shall monitor the use or presence of substances at the workplace that may be hazardous to the health and safety of workers.

(2) In accordance with subsection (1), an employer shall implement a chemical and biological control program commensurate with the associated risks.

(3) In accordance with subsection (1), an employer shall eliminate hazardous substances from the workplace and where this is not practicable substitute a less hazardous substance.

(4) Where hazardous substances exist, an employer shall employ engineering and administrative controls to ensure their safe use.

(5) An employer shall ensure that a substance produced, used or handled at a workplace which by reason of toxicity, flammability or reactivity creates a risk to the health or safety of workers is controlled in accordance with the Safety Data Sheet or manufacturer's specifications.

(6) Where the minister determines that the use or presence of a hazardous substance at a place of employment may be injurious to the health of workers, the minister may inquire into the substance and may prohibit, restrict or modify the use of the substance until a time that an employer establishes to the minister that its use or presence is not injurious to the health of workers.

(7) An employer shall ensure that

(a) atmospheric contamination of the workplace by hazardous substances is kept as low as is reasonably practicable;

(b) a worker is informed of the nature and degree of health effects of the hazardous substances to which the worker is exposed;

(c) exposure of a worker to hazardous substances is as minimal as is reasonably practicable, and where a threshold limit value has been established by the ACGIH, exposure shall not exceed the threshold limit value;

(d) except as otherwise determined by the division, a worker is not exposed to a substance that exceeds the ceiling limit, short-term exposure limit or 8-hour TWA (time weighted average) limit prescribed by ACGIH; and

(e) where a substance referred to in paragraph (d) has an 8-hour TWA limit, a worker's exposure to the substance does not exceed

(i) 3 times the 8-hour TWA limit for more than a total of 30 minutes during the work period, and

(ii) 5 times the 8-hour TWA limit.

(8) Where extended work periods exist where the work period is more than 8 hours in a 24 hour day, the 8 hour exposure shall be adjusted accordingly as outlined in the ACGIH "Threshold Limit Values (TLVs)" Manual.

(9) Adjustment of TLVs, as required, shall be done in consultation with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, as appropriate.

(10) Where a worker is exposed to a substance which is designated as a reproductive toxin or a sensitizer, an employer shall develop policy and procedures appropriate to the risk, which may include protective reassignment.

(11) Where workers may be exposed to contact with chemicals harmful to the skin, facilities shall be available for the worker to effectively cleanse the contaminated body areas, including, where corrosive chemicals are involved, emergency water baths, showers, jump tanks, eyewash facilities or other effective means of treatment.

(12) The policy and procedures required by subsection (10) shall include

(a) informing workers about the reproductive toxin and identifying ways to minimize exposure to the toxin for a worker who has advised the employer of pregnancy or intent to conceive a child; and

(b) identifying ways to eliminate exposure to a sensitizer for a worker who is or may become sensitized to that substance.

(13) Solvents, oils, greases, paints or other flammable substances shall be cleaned up by using an approved non-combustible grease and oil absorbent which shall be placed in covered metal containers before disposal.

(14) Containers referred to in subsection (13) shall not be stored in work areas.

[S.N.L. 2019, c. 8, s. 20]

Section 43 Health surveillance

43. (1) In accordance with subsection 42(2), an employer shall assess the need for and extent of health surveillance of his or her workers.

(2) Based on the results of the assessment under subsection (1), an employer shall establish and maintain a program for the surveillance of the health of workers, which shall be in accordance with the following guidelines

(a) the International Code of Ethics for Occupational Health Professionals; and

(b) the International Labour Organization's Technical and Ethical Guidelines for Health Surveillance.

(3) In addition, to subsections (1) and (2), the minister may

(a) designate a workplace or class of workplaces as requiring an occupational health surveillance program; or

(b) make requirements for modifications to an occupational health surveillance program.

(4) An employer shall ensure that an occupational health surveillance program in a workplace is communicated to employees of that workplace.

(5) The minister may require a worker to undergo a medical examination as part of a health surveillance program where it may be necessary for the prevention of occupational disease.

(6) A medical examination shall be performed during normal working hours without loss of pay to workers.

(7) Where the minister has been advised by a physician that a worker has been adversely affected by a hazardous substance in the workplace and requires temporary removal or workplace accommodation from that workplace or hazard, the minister may require the employer to provide without loss of pay to the worker temporary alternative work for the time period required.

(8) An employer shall keep records of a health surveillance program for a period of time specified by the minister, and these records shall be made available to

(a) an employee who requests information pertaining to his or her health surveillance records; and

(b) where a physician is no longer able to keep medical records pertaining to an occupational exposure, the minister shall be notified in advance to make alternate arrangements that are in accordance with the guidelines of the College of Physicians and Surgeons of Newfoundland and Labrador regarding the retention and storage of medical records.

Section 48 Asbestos

48. (1) When work or manufacturing processes cause or are likely to cause workers to be exposed to asbestos, or dusts containing asbestos, means shall be provided to control asbestos dust from exceeding the threshold limit value established by the ACGIH or lower where practically attainable.

(2) Dust arising from the cutting and shaping of block and pipe insulation materials, whether by power saws or hand saws, shall be controlled by adequate local exhaust ventilation with the discharged air passed through an effective filter.

(3) Where mortar containing asbestos is mixed, dust concentrations shall be controlled by adequate local exhaust ventilation with discharged air passed through an effective filter or other effective means.

(4) Where work is being done with asbestos containing materials, dust concentrations shall be controlled through adequate local exhaust ventilation with discharged air passed through an effective filter or other effective means.

Part XVII CONSTRUCTION, EXCAVATION AND DEMOLITION

Section 398 Hazardous materials

398. Before work begins on the demolition or salvage of machinery, equipment, buildings or structures, the employer or owner shall

(a) inspect the site to identify asbestos, lead, biological or other heavy metal or toxic, flammable or explosive materials that may be handled, disturbed or removed;

(b) make the results of the inspection available at the worksite, including drawings, plans or specifications showing the location of hazardous substances;

(c) ensure that hazardous materials found are safely contained or removed; and

(d) where hazardous materials that were not identified in the inspection under paragraph (a) are discovered during demolition work, ensure that all work ceases until those materials are contained or removed.

Schedule

List of occupational diseases:

1. Diseases caused by agents
1.1 Diseases caused by chemical agents
1.1.1 Diseases caused by beryllium or its toxic compounds
1.1.2 Diseases caused by cadmium or its toxic compounds
1.1.3 Diseases caused by phosphorus or its toxic compounds
1.1.4 Diseases caused by chromium or its toxic compounds
1.1.5 Diseases caused by manganese or its toxic compounds
1.1.6 Diseases caused by arsenic or its toxic compounds
1.1.7 Diseases caused by mercury or its toxic compounds
1.1.8 Diseases caused by lead or its toxic compounds
1.1.9 Diseases caused by fluorine or its toxic compounds
1.1.10 Diseases caused by carbon disulphide
1.1.11 Diseases caused by the toxic halogen derivatives of aliphatic or aromatic hydrocarbons
1.1.12 Diseases caused by benzene or its toxic homologues
1.1.13 Diseases caused by toxic nitro- and amino-derivatives of benzene or its homologues
1.1.14 Diseases caused by nitroglycerine or other nitric acid esters
1.1.15 Diseases caused by alcohols, glycols or ketones
1.1.16 Diseases caused by asphyxiants: carbon monoxide, hydrogen cyanide or its toxic derivatives, hydrogen sulphide
1.1.17 Diseases caused by acrylonitrile
1.1.18 Diseases caused by oxides of nitrogen
1.1.19 Diseases caused by vanadium or its toxic compounds
1.1.20 Diseases caused by antimony or its toxic compounds
1.1.21 Diseases caused by hexane
1.1.22 Diseases of teeth due to mineral acids
1.1.23 Diseases due to pharmaceutical agents
1.1.24 Diseases due to thallium or its compounds
1.1.25 Diseases due to oxmium or its compounds
1.1.26 Diseases due to selenium or its compounds
1.1.27 Diseases due to copper or its compounds
1.1.28 Diseases due to tin or its compounds
1.1.29 Diseases due to zinc or its compounds
1.1.30 Diseases due to ozone, phosgene
1.1.31 Diseases due to irritants: benzo quinone and other corneal irritants
1.1.32 Diseases caused by any other chemical agents not mentioned in the preceding items 1.1.1 to 1.1.31, where a link between the exposure of a worker to these chemical agents and the diseases suffered is established
1.2 Diseases caused by physical agents
1.2.1 Hearing impairment caused by noise
1.2.2 Diseases caused by vibration (disorders of muscles, tendons, bones, joints, peripheral blood vessels or peripheral nerves)
1.2.3 Diseases caused by work in compressed air
1.2.4 Diseases caused by ionizing radiations
1.2.5 Diseases caused by heat radiation
1.2.6 Diseases caused by ultraviolet radiation
1.2.7 Diseases due to extreme temperature (e.g. sunstroke, frostbite)
1.2.8 Diseases caused by any other physical agents not mentioned in the preceding items 1.2.1 to 1.2.7, where a direct link between the exposure of a worker to these physical agents and the diseases suffered is established
1.3 Biological agents
1.3.1 Infectious or parasitic diseases contracted in an occupation where there is a particular risk of contamination
2. Diseases by target organ systems
2.1 Occupational respiratory diseases
2.1.1 Pneumoconioses caused by sclerogenic mineral dust (silicosis, anthraco-silicosis, asbestosis) and silicotuberculosis, provided that silicosis is an essential factor in causing the resultant incapacity or death
2.1.2 Bronchopulmonary diseases caused by hard metal dust
2.1.3 Bronchopulmonary diseases caused by cotton, flax, hemp or sisal dust (byssinosis)
2.1.4 Occupational asthma caused by recognized sensitizing agents or irritants inherent to the work process
2.1.5 Extrinsic allergic alveolitis caused by the inhalation of organic dusts as prescribed by national legislation
2.1.6 Siderosis
2.1.7 Chronic obstructive pulmonary diseases
2.1.8 Diseases of lung, due to aluminium
2.1.9 Upper airways disorders caused by recognized sensitizing agents or irritants inherent to the work process
2.1.10 Any other respiratory disease not mentioned in the preceding items 2.1.1 to 2.1.9, caused by an agent where a direct link between the exposure of a worker to this agent and the disease suffered is established
2.2 Occupational skin diseases
2.2.1 Skin diseases caused by physical, chemical or biological agents not included under other items
2.2.2 Occupational vitiligo
2.3 Occupational musculo-skeletal disorders
2.3.1 Musculo-skeletal diseases caused by specific work activities or work environment where particular risk factors are present Examples of such activities or environment include:
(a) rapid or repetitive motion
(b) forceful exertion
(c) excessive mechanical force concentration
(d) awkward or non-neutral postures
(e) vibration Local or environmental cold may potentiate risk
3. Occupational cancer
3.1 Cancer caused by the following agents:
3.1.1 Asbestos
3.1.2 Benzidine and salts
3.1.3 Bis chloromethyl ether (BCME)
3.1.4 Chromium and chromium compounds
3.1.5 Coal tars and coal tar pitches; soot
3.1.6 Betanaphthylamine
3.1.7 Vinyl chloride
3.1.8 Benzene or its toxic homologues
3.1.9 Toxic nitro- and amino-derivatives of benzene or its homologues
3.1.10 Ionizing radiations
3.1.11 Tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances
3.1.12 Coke oven emissions
3.1.13 Compounds of nickel
3.1.14 Dust from wood
3.1.15 Cancer caused by any other agents not mentioned in the preceding items 3.1.1 to 3.1.14, where a direct link between the exposure of a worker to this agent and the cancer suffered is established
4. Others
4.1 Miners' nystagmus

WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT
R.S.N.L. 1990, c. W-11

Part IV COMPENSATION AND RIGHT OF ACTION

Section 56 Duties of employer

56. (1) An employer shall, within 3 days after the occurrence of an injury to a worker in his or her employment as a result of which the worker is disabled from earning full wages or the worker is entitled to medical aid, notify the commission in writing of

(a) the occurrence of the injury and nature of it;

(b) the time when the injury occurred;

(c) the name and address of the worker;

(d) the place where the injury occurred;

(e) the name and address of the doctor who looks after the injury; and

(f) other particulars required by the commission.

(2) An employer shall make further and other reports respecting the injury and workers that may be required by the commission.

(3) Where an employer fails to notify the commission of the occurrence of an injury the commission may in relation to compensation paid in respect of that injury charge the cost of the claim against the experience record of that employer.

Asbestos Abatement Regulations, 1998
N.L.R. 111/98

Section 3 Definitions

3. In these regulations

(a) "Act" means the Occupational Health and Safety Act;

(b) "amended water" means water to which a wetting agent has been added in accordance with manufacturers specifications;

(c) "asbestos" means any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite or tremolite;

(d) "asbestos abatement training course" means a course of training with content equivalent to that outlined in Schedule A and provided by a training organization acceptable to the assistant deputy minister;

(e) "asbestos dust" means airborne particles of asbestos or settled particles of asbestos which are liable to become airborne in the working environment;

(f) "asbestos material" means material containing greater than 1% asbestos by dry weight;

(g) "exposure to asbestos" means exposure at work to airborne respirable asbestos fibres or asbestos dust, whether originating from asbestos minerals, materials or products;

(h) "fibre/cm3" means fibres per cubic centimetre;

(i) "friable material" means material that when dry can be crumbled, pulverized or powdered by hand pressure and includes the material that is crumbled, pulverized or powdered;

(j) "HEPA filters" means a high efficiency particulate aerosol filter that is at least 99.97% efficient in collecting a 0.3 micrometre aerosol;

(k) "owner" means a trustee, receiver, tenant or occupier or a person for whose direct benefit on completion work is being done;

(l) "polyethylene sheeting" shall be considered to be no less than 6 millimetre thickness;

(m) "qualified contractor" means principal contractor as defined in the Act and for purposes of these regulations has one or more persons on staff qualified in asbestos abatement;

(n) "qualified person" means a person who has successfully completed a course in asbestos abatement acceptable to the assistant deputy minister according to Schedule A;

(o) "respirable asbestos fibres" means asbestos fibres having a diameter of less than 3 um and a length-to-diameter ratio greater than 3:1 and only fibres of a length greater than 5 um shall be taken into account for purposes of measurement; and

(p) "um" means micrometre.

Section 4 Application

4. (1) These regulations apply to

(a) every workplace covered under occupational health and safety legislation where asbestos or material containing asbestos is likely to be handled, dealt with, disturbed or removed and including every project, project owner, contractor, employer and employee engaged in or on the project;

(b) the repair, alteration or maintenance of a building containing asbestos and to the owner of it, and to every employer and employee engaged in the repair, alteration or maintenance;

(c) every building in which material that contains asbestos has been used and to the owner of it;

(d) the demolition, repair, alteration or maintenance of machinery, equipment, aircraft, ships, locomotives, railway cars and vehicles containing asbestos and to every employer and employee engaged in the demolition, repair, alteration or maintenance;

(e) manufacture of materials or products containing asbestos; and

(f) other operations involving a risk of exposure to airborne asbestos fibres.

(2) An owner or contractor to whom these regulations apply shall take every reasonable precaution to ensure that every worker who is not an employee of the owner or contractor and who works in the workplace of the owner or contractor is protected and every worker shall comply with the requirements of these regulations.

Section 5 Prohibition and threshold limit values (TLVs)

5. (1) A person shall not apply or install by spraying, or cause to be applied or installed by spraying, asbestos material.

(2) The use of crocidolite and a product containing this material is prohibited.

(3) An encapsulant shall not be applied to friable material that contains asbestos if the friable material has visibly deteriorated or if there is insufficient strength and adhesion of the friable material to its underlying materials and surfaces to support the weight of the encapsulant and the friable materials.

(4) The owner or contractor shall ensure that where it is practical and feasible to substitute materials less hazardous than asbestos, those materials be used.

(5) The owner or contractor shall maintain concentrations of airborne asbestos fibres to as low as is reasonably achievable (ALARA) but in any case shall not exceed the threshold limit values as contained in the current edition of the Threshold Limit Values published by the American Conference of Governmental Industrial Hygienists (ACGIH).

Section 6 Registration of contractor

6. (1) A person, firm, corporation or other entity shall not enter into, engage in or work at the business of asbestos removal unless the person, firm, corporation or other entity is the holder of a valid asbestos abatement contractor's certificate.

(2) The application for an asbestos abatement contractor's certificate shall be made to the assistant deputy minister.

(3) The contractor's asbestos abatement certificate may be granted if the applicant or the applicant's agent

(a) has completed a course in asbestos abatement and is qualified;

(b) has employees who have completed a course in asbestos removal and are qualified; and

(c) has the necessary control equipment available for use as described in these regulations.

(4) Notwithstanding subsection (1), persons, firms, corporations or other entities who perform limited asbestos removal work in the routine maintenance of their own property or usual place of business using their own employees need not be registered, provided the abatement work is performed and supervised by persons who are trained under section 7.

Section 7 Worker training

7. (1) A person shall not engage in any work in connection with asbestos abatement unless the person has either

(a) successfully completed a course of training and is qualified;

(b) is one of a crew supervised by a qualified person and has completed a program of on-site training provided by a qualified worker in keeping with Schedule B.

(2) This education and training shall be provided by the employer.

(3) Five workers shall be the maximum receiving training under each supervisor.

(4) The owner or contractor shall be required to demonstrate that each asbestos abatement worker has received the necessary training.

(5) Workers who ordinarily work with asbestos or are likely to be exposed to airborne asbestos shall be informed of the hazards of asbestos exposure and measures to be taken to minimize the hazards.

Section 8 Notification of division

8. The owner or contractor shall notify the Occupational Health and Safety Division in writing of the following before starting work:

(a) nature and place of work;

(b) type and quantity of asbestos or materials containing asbestos;

(c) total number of workers exposed;

(d) duration or anticipated duration of the work period; and

(e) protective and preventive measures to be taken.

Section 9 Identification

9. (1) Materials suspected of containing asbestos shall be handled as such, until analysis by a competent laboratory determines whether or not it does contain asbestos.

(2) A competent laboratory would use polarized-light microscopy, be able to report the percentage range as well as type of asbestos in the material and have demonstrated competence in the analysis of asbestos.

Section 10 Workplace assessment

10. (1) Every owner or contractor to whom these regulations apply shall have an assessment to be made in writing of the exposure or likelihood of exposure of an employee to the inhalation of asbestos fibres.

(2) The assessment shall be compiled by a qualified person and consider matters including

(a) the extent and potential extent of the exposure of an employee to the inhalation of asbestos fibres;

(b) the measures and procedures necessary to control the exposure by means of engineering controls, work practices and hygiene practices/facilities; and

(c) whether the asbestos is friable or non-friable.

(3) The owner or contractor shall consult with the health and safety committee or worker safety representative.

(4) Any cost borne through identification, monitoring or another associated activity for the protection of workers is the responsibility of the owner or contractor.

Section 11 Asbestos management plan

11. (1) Each owner or contractor shall establish and implement a procedure to reduce the exposure of workers known as the asbestos management plan.

(2) Where possible the procedure shall take due account of the specific features of each workplace and shall include in written forth at least the following:

(a) a description of each operation in which asbestos dust is emitted;

(b) a description of the specific means for controlling exposure to asbestos dust;

(c) engineering plans, safety data sheets or other relevant technical information;

(d) air monitoring data on the efficiency of control measures; and

(e) a description of the work practices or administrative controls needed.

(3) Notwithstanding the removal procedures described, alternate methods such as passive containment including mini-enclosures and glove bags are permitted to minimize the generation of airborne asbestos fibre and control asbestos exposure to an appropriate level.

(4) Contractors, engaged to work in a plant where asbestos material is the principal product of plant operation, shall adhere to the plant's asbestos plan and additional measures acceptable to the minister which minimize the generation of asbestos dust and prevent exposure to airborne asbestos fibres by their workers.

Section 12 Preparation of work area

12. (1) The owner or contractor shall ensure that isolation of the worksite heating and ventilation system is carried out first to prevent contamination and fibre dispersal to other areas of the structure during stripping.

(2) The systems referred to in subsection (1) shall be switched off, openings into the work area shall be sealed off with polyethylene sheeting.

(3) The owner or contractor shall prepare the work area by removing all moveable equipment and miscellaneous items.

(4) Floors, walls and any remaining furniture shall be sealed with a double shroud of polyethylene sheeting and any damage to the polyethylene draping that occurs as the work proceeds shall be repaired immediately.

(5) The owner or contractor shall then isolate the removal area in order to restrict access.

(6) Except in very unusual circumstances, there shall be only one route between the decontamination area and the immediate work area.

(7) An "air lock" shall be constructed at the entrance to the immediate work area, the doors of which shall consist of layers of polyethylene with at least a one metre overlap.

(8) The sheets referred to in subsection (7) shall be weighted at the bottom to keep the flaps closed.

(9) A decontamination area shall be set up adjacent to the entrance to the actual work area consisting of an enclosed corridor, if required, leading to an enclosed shower area which shall be followed by a clean change room.

(10) The shower area shall be provided with a hot and cold water supply and an adequate supply of clean towels for each work shift.

(11) Cleaning of equipment and materials shall be performed inside the containment area.

(12) Toilet facilities shall exist in the work area to avoid decontamination for this purpose and where those facilities do not exist, the owner or contractor shall provide portable service.

(13) Electrical power connections to the permanent fixtures shall be disconnected but temporary connections may be made for illumination purposes and the operation of asbestos removal equipment.

(14) Every precaution shall be taken to avoid electrical shock utilizing ground fault protection.

(15) Ceiling mounted objects such as lights, partitions and other fixtures shall be removed immediately before the actual asbestos removal operation, which may result in contact with the ceiling resulting in potential significant exposure so the precautions required for removal, i.e. personal protective equipment for workers and onlookers, decontamination and similar, shall be observed.

(16) Light water spraying, as opposed to saturation, should be adequate to retard fibre dispersal during electrical fixture removal.

(17) Signs shall be posted in prominent locations around the outermost entrances to the work area to warn of the asbestos hazard within, and to indicate that only authorized personnel may enter.

(18) Hand painted signs shall be prohibited.

Section 13 Removal procedure

13. (1) The owner or contractor shall provide ventilation during the complete removal process to ensure that the enclosure is under adequate negative pressure, at least 5 pascals (-0.02 inches H2O).

(2) The volume of air shall be such that the air exchange rate is a minimum of 4 air changes an hour.

(3) The ventilation system shall be of a type designed for use in toxic environments and shall have properly maintained HEPA filters in place.

(4) Smoke testing shall be conducted before commencement of the work shift to ensure integrity of the enclosure and prevent fibres from being released outside of the enclosure.

(5) Asbestos containing material shall be thoroughly sprayed with amended water, led untouched for several hours and resprayed immediately before beginning removal in order to ensure that the material has been saturated.

(6) Systematic puncturing of surfaces which are coated with a water resistant material is recommended to allow water penetration.

(7) Fallen material should be wet enough that water can easily be squeezed from it by hand.

(8) Removal should proceed in small sections.

(9) After stripping, fallen material shall be scraped into piles with a rubber blade and immediately shovelled, wet, into 6 mil or thicker polyethylene bags double bagged which have been mounted into transport containers acceptable to the minister.

(10) Labelling and transport of sealed containers of stripped material, as well as disposal, must be conducted according to the minister's specifications

Section 14 Encapsulation and enclosure

14. (1) Where it is considered practical to allow asbestos containing products to remain within a workplace, the use of an encapsulant shall be used to prevent fibre release into the workplace.

(2) Where an encapsulant has been used, the owner or contractor shall develop a maintenance program that includes

(a) identification of the product with labels that identify presence of asbestos;

(b) training of workers on the product and special precautions and procedures required during maintenance; and

(c) inspection procedures and schedules to assess potential for fibre release.

(3) Encapsulants, penetrating or bridging types as appropriate, shall be applied over the surface of the asbestos containing material using airless spray equipment.

(4) Enclosure methods will vary according to the needs of each individual situation, but in all cases every effort shall be made to minimize the disturbance of asbestos containing material during the enclosure operation.

(5) Periodic visual inspections and air sampling shall be performed.

Section 15 Air monitoring of workplace

15. (1) The owner or contractor shall demonstrate through air sampling that engineering controls and respirators are adequate for the asbestos hazards encountered.

(2) Air sampling shall include

(a) sampling around control areas to detect leakage during removal; and

(b) sampling after asbestos cleanup before control areas are removed.

(3) The owner or contractor shall use an approved air sampling method which may include the membrane filter method with analysis by phase-contract microscopy.

(4) Personnel engaged in airborne fibre sampling/analysis shall have demonstrated competence through participation in an appropriate quality control program.

Section 16 Respiratory

16. (1) The owner or contractor shall ensure that respirators are provided, maintained, inspected and tested in accordance with CSA Standard Z94.4-M1982, Selection, Care and Use of Respirators, as periodically updated.

(2) The owner or contractor shall provide positive air purifying respirators or supply air respirators with full face piece to employees who remove asbestos containing products from a machine, building or structure.

(3) Where operations are such that the possibility of asbestos fibres being released into ambient air is negligible, the owner or contractor may provide a negative pressure half face piece respirator to the worker.

(4) For the purpose of subsection (3), operations with a negligible probability of fibre released to ambient air are

(a) sampling bulk material for identification; and

(b) removal of a short section of pipe insulation using glove bag procedures.

Section 17 Personal protective equipment

17. (1) Where employees' personal clothing may become contaminated with asbestos dust, the owner or contractor shall provide and pay for appropriate work clothing, which shall not be worn outside the workplace.

(2) Subsection (1) shall be satisfied through the use of disposable clothing consisting of

(a) full body coveralls complete with hood, appropriate footwear and disposable gloves; and

(b) an approved respirator.

(3) Disposable protective clothing shall not be removed from the control area and shall be discarded as asbestos waste as necessary when torn or when the shift has been completed.

(4) Notwithstanding subsection (1), the assistant deputy minister may approve in writing the use of other clothing where the owner or contractor has provided an acceptable program of cleaning and sanitizing and this program provides equivalent protection as outlined in subsection (1)

(5) The handling and cleaning of used work clothing and special protective clothing shall be carried out under controlled conditions to prevent the release of asbestos dust.

(6) The owner or contractor shall be responsible for the cleaning, maintenance and storage of work clothing, special clothing and personal protective equipment.

Section 18 Personal hygiene

18. (1) The owner or contractor shall provide facilities for employees exposed to asbestos to wash, take a bath or shower at the workplace.

(2) All employees who enter the work enclosure shall shower before leaving the enclosure.

Section 19 Decontamination

19. (1) Decontamination shall be required for all persons leaving the work area after removal has begun.

(2) Work clothes shall be removed in and left in the work area or in a storage room constructed of polyethylene sheeting between the work area and shower room.

(3) Respiratory protection, however, shall be removed only as the individual enters the shower.

(4) After thorough showering the individual may enter the change room, dress and leave the site.

(5) In the case of serious injury to a person in the work area, and in this case only, decontamination procedures may be waived in the interests of obtaining medical aid.

(6) At the end of the job, equipment shall be passed through the decontamination route and be wet cleaned so that there is no visible contamination.

Section 20 Cleanup

20. (1) Workers involved in cleanup and onlookers shall use personal protective equipment and respiratory protection.

(2) The owner or contractor shall ensure that areas are thoroughly cleaned and cleanup demonstrated by air sampling before removal of containment.

(3) All polyethylene sheeting, tape, etc. used to construct barriers and used disposal protective equipment and similar shall be sealed in 6 mil polyethylene and handled according to the minister's specification for labelling and disposing of asbestos-containing materials.

(4) The showers shall be dismantled and removed last in order that they may be used by workers engaged in the cleanup procedures.

(5) After completion of the job and gross cleanup of disposable materials, the entire area shall be wet cleaned and repeated as necessary.

Section 21 Transport and disposal

21. (1) The owner or contractor shall produce a disposal permit from the minister.

(2) Disposal of asbestos shall conform to the requirements of the minister.

(3) Appropriate measures shall be taken by the owner or contractor to prevent pollution of the general environment by asbestos dust released from the workplace.

Section 22 Precautions

22. (1) Every owner or contractor shall take all necessary measures and procedures by means of engineering controls, work practices, hygiene practices and facilities to ensure that the exposure of an employee to airborne asbestos is reduced to the lowest practical level and in any case shall not exceed current threshold limit values as issued by the ACGIH.

(2) Every owner or contractor shall work in compliance with the work practices and hygiene practices of these regulations.

(3) Where respiratory equipment is provided by an owner or contractor and used by an employee, the respiratory equipment shall be appropriate in the circumstances for the type and the concentration of airborne asbestos and shall meet or exceed the requirements set out in section 16.

Section 23 Medical monitoring

23. (1) A worker, at the expense of the owner or contractor, may be required to undergo medical examinations as required by the chief occupational medical officer.

(2) The worker submitting to medical supervision shall have

(a) confidentiality of personal and medical information; and

(b) full explanations of purposes and results of the supervision.

(3) Workers shall be informed of the results of their medical examination.

(4) Copies of the worker's medical records shall be made available to the worker or, upon the request of the worker, his or her physician.

Section 24 Record of employees

24. (1) The owner or contractor shall establish and maintain an accurate record for each employee.

(2) The record referred to in subsection (1) may contain the following:

(a) physician's report from examinations performed;

(b) detailed work history; and

(c) training records of employee.

(3) The owner or contractor shall ensure that all employee records shall be maintained for a period as may be required by the assistant deputy minister.

Section 25 Exemption

25. Where, in the opinion of the minister, circumstances exist making compliance with these regulations or a section of these regulations impractical, the minister may grant an exemption from compliance with these regulations or a section of them, in individual cases where, in the opinion of the minister the exemption is consistent with safe practices.

Schedule A Three Day Training

I. Introduction to the Course

II. Characteristics of Asbestos/Recognition

A. Introduction to asbestos

B. Uses and applications

C. Primary areas where asbestos containing materials are found

D. Exposure factors

E. Aerodynamics of asbestos

F. Identification of asbestos-containing materials.

III. Health Effects of Asbestos Exposure

A. History of medical knowledge about asbestos

B. Normal respiratory function, anatomy and defense mechanisms

C. Diseases associated with asbestos exposure

D. Medical surveillance.

IV. Respiratory Protection 2.75 hours

A. History of respirator usage

B. Respirators used for asbestos work

1. Air purifying

2. Powered air purifying (PAPR)

3. Type "C" or supplied air

C. Guidelines for use of respiratory protection

D. Training in respirator use, maintenance and inspection

E. OSHA requirements for an approved respiratory protection program.

V. Control Methods.

Vl. Elements of a Worker Protection Program

A. Air monitoring

B. Survey techniques for identification of asbestos containing materials

C. Respiratory protection - overview

D. Personal hygiene

E. Decontamination procedures - overview.

VII. Work Procedures for Removal, Repair and Abatement of Asbestos- Containing Materials

A. Outline for proper procedures

1. Setting up the work area

2. Preparing the job

3. Removal of asbestos-containing materials

4. Cleanup

5. Waste disposal

6. Decontamination procedures.

VIII. Regulations

A. Federal agencies and regulations

1. OSHA asbestos standard

2. Employer and employee responsibility in safety and health

B. Local agencies and regulations.

IX. Safety Factors on Asbestos Maintenance and Repair Jobs

A. Ladders and scaffolding

B. Electrical hazards

C. Emergency procedures

D. Heat stress

E. Non-asbestos air contaminants

F. Fire and explosion hazards

G. Slips, trip and falls

H. Confined spaces.

X. Work Practices Practical Experience (hands-on with skill testing).

XI. Review of Key Elements of Course ½ hour

A. Job set-up

B. Removal and/or sealing materials

C. Waste disposal

D. Cleanup

E. Decontamination

F. Respirator fit testing

G. Glove bags.

XII. Evaluation

A. Exam

Schedule B One Day Training

Asbestos Production and Uses

Friable and Non-Friable Products

Friable Sprayed Products Used in Buildings

Insulation used on Mechanical Systems

Health Effects - Occupational and Non-Occupational

Regulations

Classifications of Asbestos Work

Worker Protection

Respiratory Protection

The Respirator Program

Protective Clothing

Respirator Fit Testing

Hands-on Training (Glove Bag Methods, Small Enclosure)

Workplace Hazardous Materials Information System (WHMIS) Regulations, 2018
C.N.L.R. 34/18

Section 2 Definitions

2. In these regulations

(a) "bulk shipment" means a shipment of a hazardous product that is contained, without intermediate containment or intermediate packaging, in

(i) a vessel that has a water capacity equal to or greater than 450 litres,

(ii) a freight container, a road vehicle, a railway vehicle or a portable tank,

(iii) the hold of a ship, or

(iv) a pipeline;

(b) "CAS registry number" means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society;

(c) "category" includes a subcategory;

(d) "container" includes a bag, barrel, bottle, box, can, cylinder, drum, storage tank or similar package or receptacle;

(e) "education" means the delivery of general information to workers including information applicable to more than one workplace or job;

(f) "fugitive emission" means a gas, liquid, solid, vapour, fume, mist, fog or dust that escapes from process equipment or from emission control equipment or from a product to which workers may be readily exposed;

(g) "hazard information" means information on the proper and safe use, storage and handling of a hazardous product and includes information relating to its health and physical hazards;

(h) "hazardous product" means a product, material, mixture or substance classified by the regulations made under subsection 15(1) of the Hazardous Products Act (Canada) in a category of a hazard class listed in Schedule 2 of that Act;

(i) " Hazardous Products Regulations " means the Hazardous Products Regulations under the Hazardous Products Act (Canada) ;

(j) "hazardous waste" means a hazardous product in the workplace that is acquired or generated for recycling or recovery or is intended for disposal;

(k) "health professional" means

(i) a physician who is registered and entitled under the laws of a province to practise medicine and who is practising medicine under those laws in that province, and

(ii) a nurse who is registered or licensed and entitled under the laws of a province to practise nursing and who is practising nursing under those laws in that province;

(l) "label" means written, printed or graphic information elements relating to a hazardous product which are designed to be affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged;

(m) "laboratory sample" means a sample of a hazardous product packaged in a container that contains less than 10 kilograms of the hazardous product and is intended solely to be tested in a laboratory but does not include a sample that is to be used

(i) by the laboratory for testing other products, materials, mixtures or substances, or

(ii) for education or demonstration purposes;

(n) "manufactured article" means an article that

(i) is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and

(ii) when being installed, if the intended use of the article requires it to be installed, and under normal conditions of use, will not release or otherwise cause a person to be exposed to a hazardous product;

(o) "proceedings" has the same meaning as in subsection 19(3) of the Hazardous Materials Information Review Act (Canada) ;

(p) "product identifier" means, in respect of a hazardous product, the brand name, chemical name, common name, generic name or trade name;

(q) "readily available" means

(i) present in an appropriate place that is known to the workers,

(ii) accessible to workers at all times, and

(iii) in the form of either a physical copy that can be handled or an electronic copy that is easily available in hard copy to workers likely to be exposed to a hazardous product;

(r) "research and development" means a systematic investigation or search carried out in a field of science or technology by means of experiment or analysis, other than the disclosure of source of toxicological data under section 25;

(s) "safety data sheet" means a document that contains the headings required under the regulations made under subsection 15(1) of the Hazardous Products Act (Canada) and information about a hazardous product, including information related to the hazards associated with the use, storage or handling of the hazardous product in the workplace;

(t) "significant new data" means new data regarding the hazard presented by a hazardous product that changes its classification in a category of a hazard class or results in its classification in another hazard class, or changes the ways to protect against the hazard presented by the hazardous product;

(u) "supplier label" means a label provided by a supplier that contains information elements as required by the Hazardous Products Act (Canada)

(v) "supplier safety data sheet" means a safety data sheet provided by a supplier that contains information elements as required by the Hazardous Products Act (Canada) ;

(w) "training" refers to the delivery of workplace and job specific information to workers; and

(x) "workplace label" means a label which discloses

(i) a product identifier which is identical to that found on the safety data sheet of the corresponding hazardous product,

(ii) information for the safe handling (ii) information for the safe handling of the hazardous product which is conveyed in a manner appropriate to the workplace, and

(iii) that a safety data sheet for the hazardous product, where one has been obtained from a supplier or prepared by the employer, is available.