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Asbestos

[OHS Regs., s.xx] Follow these links to related legislation.

Highlighted words reveal definitions when selected.

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.

Employer, Owner, and Contractor Responsibilities

Hazard recognition and risk assessment

Employers, contractors, and owners must:

Before work begins to demolish or salvage machinery, equipment, buildings, or structures, an employer, contractor or owner must: [OHS Regs., s. 398]

  • 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 asbestos management plan must be made in writing and consider the specific features of the workplace. It must also include: [Asbestos Abatement Regs., s. 11(1) to (3)].

  • 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;
    • This may include methods for passive containment, 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:

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. [Asbestos Abatement Regs., s. 6(4)]

Before starting asbestos removal, employers, owners and registered asbestos abatement contractors must notify OHS Division in writing of the: [Asbestos Abatement Regs., s. 8]

  • 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:

Health surveillance

Employers must:

  • Assess the need for and extent of health surveillance for workers using the following guidelines: [OHS Regs., s. 43(3)]
    • 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. [Asbestos Abatement Regs., s. 23(1)]
  • Make sure that a medical examination is performed during regular working hours without loss of pay to the worker. [OHS Regs., s. 43(6)]
  • Explain to the worker the purpose and results of the health surveillance and maintain the confidentiality of personal and medical information. [Asbestos Abatement Regs., s. 23(2)]
  • 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. [Asbestos Abatement Regs., s. 23(3) and (4)] [OHS Regs., s. 43(8)]
  • Establish and maintain an accurate record for each employee for a period required by OHS Division. Examples of records may include: [Asbestos Abatement Regs., s. 24]
    • Medical examination reports;
    • Detailed work history; and
    • Training records.
  • Notify OHS Division when a worker is diagnosed with an occupational disease set out in the Schedule, such as asbestosis, mesothelioma, or lung cancer. [OHS Regs., s. 9] [OHS Regs., s. Schedule (2.1.1)] [OHS Regs., s. Schedule (3.1.1)]
  • 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. [WHSC Act s. 65(1)]

Note: Where a physician finds that a person has an occupational disease, they must, within seven days of the diagnosis: [OHS Act, s. 60]

  • 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.

Worker Responsibilities

Workers must:

  • Not engage in asbestos abatement work unless one of the following conditions are met:
  • Undergo a medical examination as part of a health surveillance program, if requested by OHS Division. [OHS Regs., s. 43(5)]

Related Topics

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.

Competent laboratory

A competent laboratory would use polarized-light microscopy, be able to report the percentage range as well as the 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. [OHS Act, s. 37]
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. [OHS Act, s. 38]
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. [OHS Act, s. 38]
The employer shall appoint sufficient employer representatives to ensure that the committee may function. [OHS Act, s. 38]
The employer and worker members of a committee shall elect a co-chair person from their respective groups. [OHS Act, s. 38]
The employer shall post the names of the committee members in a prominent place at the workplace. [OHS Act, s. 38]
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. [OHS Act, s. 39]
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. [OHS Act, s. 40]

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.
[OHS Act, s. 41]
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. [OHS Act, s. 42]
The employer shall post the name of the worker health and safety representative in a prominent place at the workplace. [OHS Act, s. 43]
A worker health and safety representative has the same duties as those imposed upon a committee where that is reasonably practicable. [OHS Act, s. 44]
A worker health and safety representative shall consult with his or her employer while performing his or her duties. [OHS Act, s. 44]

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. [Asbestos Abatement Regs., s. 3(i)]

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.[WHMIS Regs., s. 2(s]

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.
[Asbestos Abatement Regs., s. 6(3)]

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 employed by the employer 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.

[N.L.R. 43/22, s. 1]

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]

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, 2022
R.S.N.L. 2022, c. W-11.1

Part V COMPENSATION AND RIGHT OF ACTION

Section 65 Duties of employer

65. (1) An employer shall give the commission written notice of any, or the possibility of any, work-related injury to a worker that comes to the attention of the employer within 3 days of receiving the information.

(2) The written notice referred to in subsection (1) shall include the following information:

(a) the occurrence and nature of the injury;

(b) the time the injury occurred;

(c) the name and address of the worker;

(d) the place where the injury occurred; and

(e) other particulars required by the commission.

(3) An employer shall make additional reports respecting the injury and workers that may be required by the commission.

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 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 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.

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.