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

Section 4 Employers' general duty

4. An employer shall ensure, where it is reasonably practicable, the health, safety and welfare of his or her workers.

Section 5 Specific duties of employers

5. Without limiting the generality of section 4, an employer

(a) shall, where it is reasonably practicable, provide and maintain a workplace and the necessary equipment, systems and tools that are safe and without risk to the health of his or her workers;

(b) shall, where it is reasonably practicable, provide the information, instruction, training and supervision and facilities that are necessary to ensure the health, safety and welfare of his or her workers;

(c) shall ensure that his or her workers, and particularly his or her supervisors, are made familiar with health or safety hazards that may be met by them in the workplace;

(d) shall, where it is reasonably practicable, conduct his or her undertaking so that persons not in his or her employ are not exposed to health or safety hazards as a result of the undertaking;

(e) shall ensure that his or her workers are given operating instruction in the use of devices and equipment provided for their protection;

(f) shall consult and co-operate with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, where the employer is not the workplace health and safety designate, on all matters respecting occupational health and safety at the workplace;

(f.1) shall respond in writing within 30 days to a recommendation of

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

indicating that the recommendation has been accepted or that it has been rejected, with a reason for the rejection;

(f.2) shall provide periodic written updates to

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

on the implementation of a recommendation accepted by the employer until the implementation is complete;

(f.3) shall consult with

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace

about the scheduling of workplace inspections that are required by the regulations, and ensure that the committee, the worker health and safety representative or the workplace health and safety designate participates in the inspection; and

(g) shall co-operate with a person exercising a duty imposed by this Act or regulations.

[S.N.L. 1999, c. 28, s. 2; 2001, c. 10, s. 25; 2004, c. 52, s. 1]

Section 5.1 Supervisors' general duty

5.1 A supervisor shall ensure, where it is reasonably practicable, the health, safety and welfare of all workers under his or her supervision.

[S.N.L. 2009, c. 19, s. 2]

Section 5.2 Specific duties of supervisors

5.2 A supervisor shall

(a) advise workers under his or her supervision of the health or safety hazards that may be met by them in the workplace;

(b) provide proper written or oral instructions regarding precautions to be taken for the protection of all workers under his or her supervision; and

(c) ensure that a worker under his or her supervision uses or wears protective equipment, devices or other apparel that this Act, the regulations or the worker's employer requires to be used or worn.

[S.N.L. 2009, c. 19, s. 2]

Section 6 Workers' general duty

6. A worker, while at work, shall take reasonable care to protect his or her own health and safety and that of workers and other persons at or near the workplace.

Section 7 Specific duties of workers

7. A worker

(a) shall co-operate with his or her employer and with other workers in the workplace to protect

(i) his or her own health and safety,

(ii) the health and safety of other workers engaged in the work of the employer,

(iii) the health and safety of other workers or persons not engaged in the work of the employer but present at or near the workplace;

(a.1) shall use devices and equipment provided for his or her protection in accordance with the instructions for use and training provided with respect to the devices and equipment;

(b) shall consult and co-operate with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate at the workplace; and

(c) shall co-operate with a person exercising a duty imposed by this Act or regulations.

[S.N.L. 1999, c. 28, s. 3; 2001, c. 10, s. 26; 2004, c. 52, s. 2]

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]

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

Part III GENERAL DUTIES

Section 14 General duties of employers

14. (1) An employer shall ensure, so far as is reasonably practicable, that all buildings, structures, whether permanent or temporary, excavation, machinery, workstations, places of employment and equipment are capable of withstanding the stresses likely to be imposed upon them and of safely performing the functions for which they are used or intended.

(2) An employer shall ensure that necessary protective clothing and devices are used for the health and safety of the employer’s workers.

(3) The employer shall ensure that safe work procedures are followed at all workplaces.

(4) An employer shall ensure, so far as is reasonably practicable, that work procedures promote the safe interaction of workers and their work environment to minimize the potential for injury.

[N.L.R. 43/22, s. 3]

Section 17 General duties of workers

17. (1) A worker shall make proper use of all necessary safeguards, protective clothing, safety devices, lifting devices or aids, and appliances

(a) designated and provided for the worker’s protection by the employer; or

(b) required under these regulations to be used or worn by a worker.

(2) A worker shall follow the safe work procedure in which the worker has been instructed.

(3) A worker shall immediately report a hazardous work condition that may come to the worker’s attention to the employer or supervisor.

[N.L.R. 43/22, s. 4]

Part V GENERAL HEALTH AND SAFETY REQUIREMENTS

Section 37 Compressed air

37. Compressed air shall not be used to clean clothes, machinery, work benches or floors.

Section 38 Emergency plan risk assessment

38. (1) An employer shall conduct a risk assessment in a workplace in which a need to rescue or evacuate workers may arise.

(2) Where the risk assessment required by subsection (1) shows a need for evacuation or rescue, appropriate written procedures shall be developed and implemented and a worker assigned to coordinate their implementation.

(3) Written rescue and evacuation procedures are required for but not limited to

(a) work at high angles;

(b) work in confined spaces or where there is a risk of entrapment;

(c) work with hazardous substances;

(d) underground work;

(e) work in close proximity to power lines;

(f) work on or over water; and

(g) workplaces where there are persons who require physical assistance to be moved.

(4) Where a workplace is a low risk workplace in the opinion of an employer, the employer shall post information about escape routes and conduct emergency drills the employer considers appropriate.

[N.L.R. 43/22, s. 10]

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 the employer’s 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 the employee’s 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.

[N.L.R. 43/22, s. 12]

Section 45 Ventilation

45. (1) An employer shall ensure that

(a) there is appropriate circulation of clean and wholesome air;

(b) there is adequate ventilation; and

(c) impurities are made harmless and inoffensive

in a workplace in accordance with standards established by ASHRAE and ACGIH.

(2) Where a work or process gives off dust, fumes, vapour, mist or other impurity of a kind and quantity liable to be injurious or offensive to a worker, an employer shall provide, maintain and ensure the proper use of a ventilation system sufficient to protect the worker against inhalation of impurities and to prevent impurities accumulating in the work space.

(3) Where practicable, local exhaust ventilation shall be installed and maintained near to the point of origin of an impurity to prevent it entering the air of the workplace and the breathing zone of its workers.

(4) Impurities removed under subsections (2) and (3) shall be exhausted clear of a workplace and prevented from entering a workplace.

(5) An employer shall ensure that,

(a) all parts of a ventilation system are maintained;

(b) louvers are cleaned regularly; and

(c) ventilation openings are free of obstruction and sources of contamination.

(6) Where possible, exhaust from an internal combustion engine operated indoors shall be vented to the outdoors.

(7) Where mobile equipment powered by an internal combustion engine is operated indoors or in an enclosed work area

(a) the engine shall be adequately serviced and maintained to minimize the concentration of air contaminants in the exhaust to the applicable ACGIH Standards, and

(b) the work area shall be assessed to determine the potential for exposure of workers to harmful levels of exhaust components.

(8) Where a worker is or may be exposed to an exhaust gas component in concentrations exceeding the applicable exposure limits, exhaust gas scrubbers, catalytic converters, or other engineering controls shall be installed.

(9) An employer, contractor or owner shall ensure that

(a) the mechanical ventilation system

(i) including humidification equipment, is constructed and maintained to minimize the growth and dissemination of micro-organisms, insects and mites through the ventilation system, and

(ii) where reasonably practicable, is readily accessible for cleaning and inspection;

(b) a qualified person inspects and maintains all parts of a mechanical ventilation system, cleans all louvers and replaces or adequately cleans all filters at a frequency that is sufficient to protect the health and safety of workers;

(c) a record of all inspections, maintenance and cleaning of the mechanical ventilation system is

(i) completed by a qualified person who performs the work, and

(ii) readily available for examination by the occupational health and safety committee, or worker representative or designate or, where there is no committee, representative or designate, by the workers and the occupational health and safety officer;

(d) when mechanical ventilation is required, the ventilating fans are located to prevent recirculation of contaminated air; and

(e) measurements of the air volume of the mechanical ventilation system are taken at suitable intervals to ensure compliance with the minimum air volume requirements in accordance with standards established by ASHRAE, ACGIH or other applicable standard approved by the minister.

(10) An employer shall ensure that, wherever possible, a less hazardous substance or work process is used in preference to a more hazardous substance or process.

(11) A ventilation system used to control airborne contaminants shall have electrical and mechanical systems designed to control all potential ignition sources and meet the requirements of the Canadian Electrical Code.

Section 46 Silica regulation

46. (1) In this section

(a) "blasting" means the cleaning, smoothing, roughening or removing of part of the surface of an article by the use as an abrasive of a jet of sand, metal shot or grit or other material propelled by compressed air or steam or by a wheel;

(b) "blasting chamber" means a blasting enclosure into which workers enter;

(c) "blasting enclosure" means a chamber, barrel, cabinet or other similar enclosure designed for the purpose of blasting in it;

(d) "cleaning of castings" means, where done as an incidental or supplemental process in connection with the making of metal castings, the freeing of the castings from adherent sand or other substance, and includes the removal of cores and the general smoothing of the castings where the freeing is done, but does not include the freeing of castings from scale formed during annealing or heat treatment;

(e) "sandblasting" means the process of projecting sand by means of compressed air or steam or by a wheel;

(f) "silica dust" means dust of respirable particle size and composed substantially of uncombined silica (Silicon Dioxide S_iO₂);

(g) "silica flour" means the ground material produced by the milling of siliceous rocks or other siliceous substances, including diatomite (Kieselguhr, diatomaceous earth);

(h) "uncombined silica" means silica which is not combined chemically with another element or compound; and

(i) "use of a parting material" means the application of a material to a surface of a pattern or of a mould to facilitate the separation of the pattern from a mould or the separation of parts of the mould.

(2) The provisions of this section apply wherever workers are employed in a silica process, including

(a) sandblasting;

(b) the cleaning of castings;

(c) the blasting, fettling, grinding or dressing of a surface containing silica, including the engraving or abrasive cleaning of gravestones, buildings or structures of siliceous stones or rocks;

(d) a process in which silica flour is used;

(e) the manufacture of silica-containing refractory bricks or silica-containing substances and the dismantling or repair of the refractory lining of furnaces;

(f) a process which the chief occupational medical officer has reason to believe creates a risk to the health of workers by silica dust; and

(g) a process that includes the getting, cutting, splitting, crushing, grinding, milling, drilling, sieving, or other mechanical manipulation of gravel or siliceous stone or rock where there is potential for exceeding 1% free silica or 50% of TLV.

(3) An employer shall ensure that at every silica process except sandblasting to which subsection (12) applies, the entry into the air of silica dust is prevented where reasonably practicable by the provision of

(a) total or partial enclosure of the process;

(b) efficient local exhaust ventilation;

(c) jets or sprays of water or other suitable wetting agent; and

(d) another method considered suitable by the assistant deputy minister.

(4) An employer shall ensure that

(a) enclosure apparatus and exhaust ventilation equipment used or likely to be used to contain silica dust is maintained and is inspected at least once in every 7 days and is certified by a competent person at least once in every calendar year; and

(b) effective means is provided to collect silica dust removed by exhaust ventilation equipment and to prevent its re-entry into a workroom, and every filtering or settling device situated in a workroom is completely separated from the general air of that workroom in an enclosure ventilated to the open air.

(5) Where it is not reasonably practicable to prevent the entry into the air of silica dust, the employer shall provide for the isolation of the worker from the air containing silica dust.

(6) Where it is not reasonably practicable to prevent the entry into the air of silica dust nor practicable to isolate the worker from the air containing silica dust, and for all cleaning and maintenance work, the employer shall provide for the use of each worker who may be exposed to silica dust

(a) approved respiratory protective equipment; and

(b) protective clothing, including coveralls and headgear, that, when worn, exclude silica dust and that is maintained and cleaned in a safe manner.

(7) A worker shall not be required to perform work for which respiratory protective equipment and clothing is provided unless fully instructed in the need for and proper use of that equipment and clothing.

(8) An employer shall ensure that all places where silica dust may accumulate are regularly cleaned using vacuum methods wherever practicable.

(9) An employer shall ensure that the standard for dust levels does not exceed the threshold limit value (TLV) established by the ACGIH.

(10) A worker who in the course of the worker’s employment is likely to be engaged in a silica process shall be warned by the employer of the danger to the worker’s health of inhaling silica dust and that the risk of injury is made greater by smoking.

(11) Persons under the age of 18 shall not be employed in a silica process nor in cleaning or maintenance work likely to involve exposure to silica dust except work that is a recognized part of apprenticeship or comparable course of training.

(12) An employer shall ensure that

(a) sandblasting is not done outside a blasting enclosure to an article which it is practicable to introduce into a blasting enclosure;

(b) sand or other substance containing more than 1% by weight of respirable dust is not introduced into a blasting enclosure;

(c) sandblasting is not done except with the written permission of the officer and in accordance with the conditions and to the extent that the officer may prescribe; and

(d) sandblasting is not done underground,

and sandblasting shall not be undertaken nor performed by an employer, worker or self-employed person other than those registered for that purpose with the division.

(13) An employer shall ensure where practicable that castings, gravestones and other articles which are liable to give rise to silica dust by blasting are not blasted except in a blasting enclosure, and that work is not performed in a blasting enclosure except blasting and work immediately incidental to that and the cleaning and repairing of the enclosure and of plant and appliances situated in that enclosure.

(14) An employer shall ensure that every blasting enclosure which is liable to contain silica dust is

(a) constructed, operated and maintained to prevent the escape of dust;

(b) provided with an efficient dust extraction system, which is kept in continuous operation whenever the blasting enclosure is in use whether or not blasting is actually taking place, and a blasting chamber is in operation when a worker is inside the chamber;

(c) specially inspected by a competent person once in every week in which it is used for blasting, and the enclosure, the apparatus connected with it and the ventilating plant associated with it is thoroughly examined and tested by a competent person once every month, and all results of required inspection, examinations and tests are recorded and all defects remedied without avoidable delay; and

(d) provided with efficient apparatus for separating where practicable the abrasive from other dust, and the abrasive is not again introduced into the blasting apparatus until it has been separated.

(15) An employer shall provide and maintain for workers who work in a blasting chamber, whether in blasting or other work, protective blasters' helmets supplied with clean and not unreasonably cold air of not less than 6 cubic feet a minute, and the helmets shall be used by workers whenever they are in the blasting chamber.

(16) Suitable gauntlets and coveralls shall be provided for the use of, and shall be worn by, all workers while performing blasting or assisting at blasting, and suitable provision shall be made for the storage, regular cleaning by vacuum and maintenance in good condition of the gauntlets and coveralls.

(17) When a worker is engaged in the cleaning of a blasting apparatus or enclosure, ventilating or separating plant, or the surrounds, all practical measures shall be taken to prevent the inhalation of silica dust or its dissemination into the air and all the cleaning shall be by vacuum or hosing by water whenever practicable.

(18) An employer shall ensure that silica flour

(a) is not manufactured except under standards prescribed by the division;

(b) is not used for a purpose for which a less hazardous substance may be substituted; and

(c) is not used in the manufacture of scouring powder or abrasive soaps or as an abrasive in a process.

(19) The examining physician shall record in the log the date and nature of the certificate the examining physician issues to each worker the examining physician has medically examined.

[N.L.R. 43/22, s. 13]

Section 47 Silica medical surveillance

47. (1) An employer shall establish and maintain a system for the surveillance of the health of employees arising from silica dust exposure in accordance with the silica health surveillance guidance document prescribed by the minister.

(2) An employee who requires silica related health surveillance is one who:

(a) works in an industry where the employee is potentially affected by a silica process as defined in this subsection 46(2);

(b) is potentially exposed to silica levels in excess of the ACGIH TLV- TWA; and

(c) has been determined, through the company's silica control program, to require silica health surveillance as prescribed in the general health surveillance section.

(3) An employer shall not regularly employ a worker in a silica process unless the employer has been assured by a medical practitioner by a written notification that the worker is medically fit for the work being undertaken.

(4) An employer shall keep at the place of employment to be readily available to an officer a log recording the name of every worker referred for medical examination.

(5) The initial health assessment shall be carried out under the direction of a physician and shall include

(a) an occupational history;

(b) a respiratory questionnaire;

(c) a pulmonary/lung function test;

(d) a chest x-ray (Full size PA view); and

(e) a medical history and physical examination emphasizing the respiratory system.

(6) A periodic health assessment shall comply with the following requirements:

(a) the frequency of chest x-rays shall be in accordance with the silica health surveillance document;

(b) the medical examination emphasizing the respiratory system shall be repeated annually unless prescribed otherwise by the physician; and

(c) the pulmonary /lung functions tests including FEV1, FVC, and DLCO standardized for alveolar volume shall be repeated annually unless prescribed otherwise by the physician.

(7) Where an employee is undergoing health surveillance for silica, the physician shall ensure, as soon as practicable, that

(a) the employee is notified of the results, together with a necessary explanation of these results;

(b) the employer is notified of the general outcome of a worker's health surveillance and is advised on the need for remedial actions; and

(c) the minister is notified of a prescribed adverse health effect that had been detected which is consistent with exposure to silica.

(8) Where an employer has been advised by the physician on the need for remedial action, the employer shall, as soon as practicable, re-evaluate the assessment of the employee's exposure to silica and implement the control measures required.

(9) An employer shall ensure employees are informed of the purpose and procedures for health surveillance and make arrangements for employees to participate in the health surveillance program.

[N.L.R. 43/22, s. 14]

Section 67 Sanitary and orderly conditions

67. An employer shall ensure that the workplace is sanitary and kept as clean as is reasonably practicable and that

(a) accumulated dirt and refuse is removed daily by a suitable method from floors, working surfaces, stairways and passages;

(b) floors are cleaned at least once a week by washing, vacuum cleaning or other effective and suitable means;

(c) interior walls and partitions, ceilings, passages and staircases are kept in a reasonable state of repair and suitably finished and maintained; and

(d) floors, platforms, stairs and walkways used by workers are kept in a state of good repair and free of hazards.

Part VII PERSONAL PROTECTIVE EQUIPMENT

Section 72 Instruction

72. An employer shall ensure that a worker who wears personal protective equipment is adequately instructed in the correct use, limitations and assigned maintenance duties for the equipment to be used.

Section 83 Respiratory protection program

83. Where required, an employer shall establish, implement and maintain, and revise where necessary, a written respiratory protection program in accordance with CSA Standard Z94.4 "Selection, Use and Care of Respirators" .

Section 84 Respiratory protection

84. (1) When a worker is or may be exposed to an oxygen deficient atmosphere or harmful concentrations of air contaminants, atmospheric contamination shall be prevented to the extent practicable by accepted engineering controls and when engineering or other controls are not practicable, appropriate respiratory protection equipment shall be used in accordance with this section.

(2) Respiratory protection equipment shall be provided by an employer when the equipment is necessary to protect the health of a worker.

(3) An employer shall ensure that compressed air, compressed oxygen, liquid air and liquid oxygen used for respiration comply with the specifications of CSA Code Z180.1 Compressed Breathing Air and Systems .

(4) An employer shall ensure that compressed oxygen is not used in atmosphere-supplying respiratory equipment that has previously used compressed air.

(5) Access points shall display signs warning that respiratory protection equipment is required and naming the contaminant or hazard involved.

(6) An employer shall ensure that sufficient workers who are trained in rescue procedures are immediately available whenever workers are working in areas where an oxygen deficient atmosphere or hazardous contaminants may be present.

(7) A rescue worker referred to in subsection (6) shall have immediate access to appropriate breathing apparatus or other aids necessary to effect a rescue.

Section 85 Respiratory protection equipment

85. (1) An employer shall select and provide appropriate respiratory protection equipment based on the respiratory hazard to which a worker is exposed and workplace and user factors that affect the performance and reliability of the equipment.

(2) The equipment referred to in subsection (1) shall be certified by the National Institution of Occupational Safety and Health and used in compliance with the conditions of its certification.

(3) An employer shall identify and evaluate the respiratory hazards in the workplace, and the evaluation shall include an employee's potential exposure to respiratory hazards and an identification of the contaminant's chemical composition and physical state.

(4) Where an employer cannot identify the exposure referred to in subsection (3), the employer shall take immediate precautions to protect a worker from immediate danger.

(5) An employer shall not permit a respirator with a tight-fitting facepiece to be worn by an employee who has

(a) hair on the face or scalp that is likely to prevent effective sealing of the facepiece to the facial skin; or

(b) a condition that interferes with the face to facepiece seal or valve function.

(6) Where an employee wears corrective glasses or goggles or other personal protective equipment, the employer shall ensure that the equipment is worn in a manner that does not interfere with the seal of the facepiece to the face of the user.

(7) Where a tight-fitting respirator is used by an employee, an employer shall ensure that the employee performs a user seal check before each use.

Section 86 Inspection and maintenance of respiratory protection equipment

86. (1) Respiratory protection equipment that is issued for the exclusive use of an employee shall be cleaned and disinfected as often as necessary to maintain it in a sanitary condition.

(2) Respiratory protection equipment that is issued for the use of more than one employee shall be cleaned and disinfected before being worn by different individuals.

(3) An employer shall ensure that respiratory protection equipment is inspected as follows:

(a) equipment used in routine situations is inspected before each use and after cleaning;

(b) equipment maintained for use in emergency situations is inspected at least once monthly and according to the manufacturer's recommendations, and is checked for proper function before and after each use; and

(c) emergency escape only equipment is inspected before being carried into the workplace for use.

(4) Where an inspection conducted under subsection (3) reveals damage, the equipment shall be discarded.

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.

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.