PART VI OCCUPATIONAL HEALTH REQUIREMENTS — 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.
42(2)
In accordance with subsection (1), an employer shall implement a chemical and biological control program commensurate with the associated risks.
42(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.
42(4)
Where hazardous substances exist, an employer shall employ engineering and administrative controls to ensure their safe use.
42(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.
42(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.
42(7)
An employer shall ensure that
42(a)
atmospheric contamination of the workplace by hazardous substances is kept as low as is reasonably practicable; 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
42(b)
a worker is informed of the nature and degree of health effects of the hazardous substances to which the worker is exposed; identifying ways to eliminate exposure to a sensitizer for a worker who is or may become sensitized to that substance.
42(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;
42(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
42(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
42(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.
42(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.
42(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.
42(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.
42(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.
42(12)
The policy and procedures required by subsection (10) shall include
42(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.
42(14)
Containers referred to in subsection (13) shall not be stored in work areas.
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