Canada Gazette, Part I, Volume 150, Number 52: Regulations Amending Certain Regulations Made Under the Canada Labour Code

December 24, 2016

Statutory authority

Canada Labour Code

Sponsoring departments

Department of Employment and Social Development
Department of Transport
Department of Indian Affairs and Northern Development
Department of Natural Resources

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Asbestos and all commercial forms of asbestos are known to be human carcinogens based on evidence of carcinogenicity from studies in humans. In 2011 alone, there were 2 331 new Canadian cases of mesothelioma and lung cancer that were attributed to occupational and paraoccupational exposures to asbestos (Institute for Work & Health). During the period 2007–2011, there were, on average, approximately 13 asbestos-related occupational fatalities per year and 8 asbestos-related occupational injuries per year in the federal jurisdiction.

Currently, Canada's occupational health and safety (OHS) regulations prescribe that all exposure to a concentration of an airborne chemical agent, including all forms of airborne asbestos fibre, except for airborne chrysotile asbestos, should follow the Threshold Limit Values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH). The Government of Canada allows a higher threshold for one form of asbestos, namely chrysotile, which was mined and in existence in Canada. As a result, the current occupational exposure limit (OEL) for airborne chrysotile asbestos, as prescribed in Canada's OHS regulations, is too high in relation to the levels recommended by scientific consensus to protect the health and safety of employees at risk.

Finally, with the current OEL for airborne chrysotile asbestos of one fibre per cubic centimetre (f/cc), an argument could be made that Canada does not meet its international commitments under the International Labour Organization Asbestos Convention, 1986 (No. 162), which could result in national and international criticism as well as questions from the International Labour Organization, and stakeholders. As better management of asbestos becomes easier and more commonplace in Canada due to improvements in technology, changes to regulations and exposure limits must also occur in order for Canada to remain in compliance with this Convention.

Background

Legislative framework

The Labour Program of Employment and Social Development Canada (ESDC) administers the Canada Labour Code (the Code). Part II of the Code establishes the legislative framework for occupational health and safety in workplaces under federal jurisdiction.

Employers under federal jurisdiction have a general obligation to ensure that the health and safety of every person they employ is protected while they are working. This can be achieved by complying with Part II of the Code and the standards set out in the Canada Occupational Health and Safety Regulations (COHSR), the Maritime Occupational Health and Safety Regulations (MOHSR), the On Board Trains Occupational Health and Safety Regulations (OTOHSR), the Oil and Gas Occupational Safety and Health Regulations (OGOSHR) and the Aviation Occupational Health and Safety Regulations (AOHSR). Employers have specific duties in regard to each workplace they control and every work activity under their authority. In order to meet this goal, workplace parties (employees and employers) are encouraged to work together to develop practices and policies, and to assess and address OHS issues effectively and in a timely manner. In addition, employers are required to provide employees with the information, education, training and supervision necessary to ensure their health and safety at work.

The Labour Program oversees the implementation, in partnership with Transport Canada and the National Energy Board, of the requirements for federally regulated workplaces. Transport Canada is responsible for on-board workplaces in the aviation, marine and rail sectors under federal jurisdiction. For its part, the National Energy Board is responsible for workplaces in the oil and gas sector under federal jurisdiction. Finally, the Labour Program is responsible for workplaces in all other sectors under federal jurisdiction, such as banking; telecommunication; broadcasting; road transportation; shipping and related services; grain elevators, feed and seed mills; Crown corporations; and the federal public administration.

Part X of the COHSR, Part 20 of the MOHSR, Part V of the AOHSR, Part VII of the OTOHSR and Part XI of the OGOSHR prescribe the workplace requirements and the exposure limits for hazardous substances, including asbestos.

Occupational exposure limits

An OEL is an upper limit on the acceptable concentration of a hazardous substance in workplace air for a particular material or class of materials over an eight-hour time-weighted average limit. The ACGIH is the pre-eminent international organization in the industrial hygiene and occupational health and safety field. The ACGIH provides critical information and recommends best practices to industrial hygienists worldwide. As part of its mandate, the ACGIH publishes science-based occupational exposure guidelines known as TLVs and Biological Exposure Indices (BEIs), which are recognized internationally as establishing the scientific basis for the development of workplace standards. TLV and BEI are reserved terms of the ACGIH.

Currently, the OHS regulations prescribe that all exposure to a concentration of an airborne chemical agent should follow the ACGIH TLVs, except for airborne chrysotile asbestos and grain dust.

Asbestos

Asbestos is the generic name for a variety of fibrous minerals found naturally in rock formations around the world. Its strength, ability to withstand high temperatures, and resistance to many chemicals made it useful in hundreds of applications. Asbestos was a popular material used commercially in North America since the late 1800s and its use increased greatly during World War II. Since then, asbestos has been used in many industries. For example, the building and construction industries have used it for strengthening cement and plastics as well as for insulation, roofing, fireproofing, and sound absorption. The shipbuilding industry has used asbestos to insulate boilers, steam pipes, and hot water pipes. The automotive industry uses asbestos in vehicle brake shoes and clutch pads. Asbestos has also been used in ceiling and floor tiles; paints, coatings, and adhesives; and plastics. Asbestos does not burn and it is practically non-destructible, which is why it has had such a wide application.

Towards the end of the 1970s, it became known that exposure to friable asbestos (all forms) causes cancer based on the scientific evidence. When someone is exposed to friable asbestos, the fibre gets into the lungs, causing health problems such as asbestosis, which is a chronic inflammatory and scarring disease affecting the tissue of the lungs and causing an increased risk of lung cancer and mesothelioma. The accumulation process takes 20–30 years before the first signs of the disease show up. There is no cure.

While asbestos is not used anymore in Canada for manufacturing and construction purposes, the Canadian government continues to allow imports and exports of asbestos, unlike dozens of other countries such as Australia, Japan, Sweden and Great Britain, which have imposed a ban. Imports of asbestos-related items totalled $6 million in 2014 and $4.9 million in 2013. The bulk of these goods consisted of asbestos brake linings and pads, which hit $3.6 million in imports in 2014, a seven-year high. Other imports included raw asbestos and friction-resistant materials.

While there are asbestos mines in Canada, none of them fall under federal jurisdiction and none of them are currently operational. However, because of the renovation and demolition of the country's aging buildings constructed in the 1950s through the 1980s, especially in Quebec and British Columbia, health issues have been rising among construction and maintenance workers.

A government public registry of over 2 000 federal properties leased or owned across Canada indicates that about one in three contain asbestos. If these buildings are representative of the Canadian real estate infrastructure, it can be inferred that the potential for asbestos release exists in a third of federally regulated workplaces, which amounts to approximately 10 000 work sites.

Furthermore, some employees under federal jurisdiction may be exposed to asbestos while working with asbestos-containing materials, such as brake lining or insulation, or during demolition, asbestos removal and building maintenance.

Currently, pursuant to OHS regulations, an employee shall be kept free from exposure to a concentration of airborne chrysotile asbestos in excess of one fibre per cubic centimetre. However, most provincial and territorial legislation (British Columbia, Alberta, Manitoba, Ontario, Quebec, Nova Scotia, Newfoundland and Labrador, Nunavut and Northwest Territories) prohibits exposure above 0.1 f/cc. As a result, Labour Program officials have long advised employers to reduce worker exposure to below 0.1 f/cc.

International context

At the international level, the General Conference of the International Labour Organization adopted, in 1986 in Geneva, the Convention concerning Safety in the Use of Asbestos [Asbestos Convention, 1986 (No. 162)]. Since that time, 35 countries have ratified the Convention, including Canada, Australia, Germany, Switzerland, and Japan. The Convention binds ratifying nations to enact national laws and regulations aimed at limiting the exposure of workers to airborne asbestos. In particular, it notes that “exposure limits or other exposure criteria shall be fixed and periodically reviewed and updated in the light of technological progress and advances in technological and scientific knowledge.” Also, it states that exposure limits must be kept as low as “reasonably practicable.” Effectively, any exposure to airborne asbestos fibre (of any variety) that is not unavoidable is prohibited by the Convention.

The U.S. Occupational Safety and Health Administration established the OEL currently prescribed for asbestos (0.1 f/cc of air as a time-weighted average over an 8-hour shift of a 40-hour workweek) in 1986.

In the European Union, a similar OEL (airborne concentration of asbestos not exceeding 0.1 f/cc as an eight-hour time-weighted average) was adopted in 2009.

Both OELs apply to all forms of airborne asbestos, including chrysotile.

Objectives

The main objectives of the amendments to the Canadian OHS regulations are as follows:

— protect the health of employees in the federal jurisdiction and provide regulatory certainty by setting an appropriate OEL for airborne asbestos fibre;
— ensure consistency with most provincial and territorial regulatory regimes for airborne asbestos fibre;
— protect the health of employees in the federal jurisdiction by regulating work activities, such as the handling, removal, repair or disturbance of asbestos-containing materials, that could expose employees to friable asbestos; and
— ensure that the Government of Canada is in compliance with the ILO's Asbestos Convention, 1986 (No. 162).

Description

Occupational exposure limit

The proposed amendments to the COHSR, MOHSR, AOHSR, OTOSHR, and OGOSHR would

— remove the current OEL of one fibre per cubic centimetre for airborne chrysotile asbestos;
— reduce the OEL for all forms of airborne asbestos fibre to as close to zero as reasonably practicable (see footnote 1) and not exceeding the value adopted by the ACGIH, in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs) as amended from time to time, which is currently 0.1 f/cc;
— repeal the definition of airborne chrysotile asbestos to replace it with a definition of asbestos that would include all forms of asbestos, namely actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite; and
— include definitions of airborne asbestos fibre, asbestos-containing material, clearance air sampling, containment, encapsulation, enclosure, friable asbestos-containing material, glove bag, high-efficiency particulate air (HEPA) filter, high-risk activity, low-risk activity, moderate-risk activity and work activity.

Asbestos Exposure Management Program

The proposed amendments would include new provisions that prescribe the requirements for an asbestos exposure management program where asbestos-containing material is disturbed or exposed in a workplace and where there is the potential for a release of asbestos fibre or employee exposure to airborne asbestos fibre.

The Asbestos Exposure Management Program would include obligations for employers to ensure that an asbestos exposure control plan is developed, implemented and administered for employees involved in asbestos-related work activities, including procedures and control measures for moderate-risk activities and high-risk activities and an employee education and training program.

The asbestos exposure control plan would also require the employer to ensure that an investigation is carried out by a qualified person and the work activity is classified as a low-risk activity, moderate-risk activity or high-risk activity. All asbestos-containing material exposed or disturbed would have to be identified by signs and labels and all friable asbestos-containing material would have to be controlled by removal, enclosure, encapsulation or any other effective manner to prevent an employee's exposure to asbestos.

The employer would also have to ensure that a readily available record of the location, friability and state of the disturbed asbestos-containing material and the type of asbestos contained in the asbestos-containing material is kept and maintained in the workplace for examination by employees.

Some other preventive measures, such as asbestos dust, waste and debris removal, decontamination, air sampling, and clearance air sampling would have to be put in place by the employer to eliminate or reduce hazardous exposure to all forms of asbestos.

“One-for-One” Rule

The proposed amendments do not place any new administrative burden on industry, and, as a result, the “One-for-One” Rule does not apply.

The proposed Asbestos Exposure Management Program includes a requirement to keep records in order to document the asbestos testing of airborne levels and asbestos handling when it comes to removing, enclosing or encapsulating the hazardous material. For employers under federal jurisdiction, this record keeping would not increase or decrease their administrative burden because reporting and keeping records of all hazardous substances, including asbestos levels exceeding those currently allowed, is already addressed under Part X of the COHSR, Part 20 of the MOHSR, Part V of the AOHSR, Part VII of the OTOHSR and Part XI of the OGOSHR.

Small business lens

This regulatory proposal is expected to carry a nationwide cost impact under $1 million annually; therefore, the small business lens does not apply.

Small businesses are not expected to bear any disproportionate costs from this regulatory proposal. There would be a cost for businesses only if an exposure or potential exposure to asbestos is identified. The employer's size, as denoted by the number of employees, is expected to be positively correlated with an overall exposure to asbestos or the risk of exposure to asbestos. This positive correlation with employer size would also include the magnitude of the overall costs incurred in relation to asbestos abatement. The risk of asbestos exposure would depend on a number of factors pertaining to repairs, renovations or pre-existing hazards in the workplace.

Although more than 90% of employers under federal jurisdiction are classified as small (fewer than 100 employees), they employ only 10% of the federally regulated workforce and would consequently bear only 10% of the total costs of the proposed Asbestos Exposure Management Program. It is worth noting that many smaller employers rent the premises in which they operate. They will thus not likely bear the costs related to this program, which would ultimately be absorbed by the owners of the buildings hosting the workplaces where a risk of asbestos exposure is identified.

Stakeholder groups such as the Federally Regulated Employers in Transportation and Communications Organization (FETCO), representing at least 60% of all federally regulated employers, were consulted through the Regulatory Review Committee (RRC) and the Occupational Health and Safety Advisory Committee (OHSAC) and did not raise any concerns pertaining to the impact of this regulatory initiative on small businesses. FETCO represents the road transportation, air, telecommunications, feed, flour and seed sectors. Stakeholder groups are expecting the proposed amendments and they are urging the Government to take the necessary action to protect the health and safety of all Canadian employees against the harmful effects of asbestos.

Consultation

In 2009, the RRC, comprising employer, employee and Labour Program representatives, including FETCO, created a working group with the intent to review in depth Part X (Hazardous Substances) of the COHSR, including asbestos. The working group was composed of employers, employees and Labour Program experts in the area of occupational health and safety. Stakeholders met 18 times. Consultations were completed in spring 2014.

The Part X Working Group arrived at a consensus that “all forms of airborne asbestos, including chrysotile, are human carcinogens, and that workers continue to face serious risks from airborne asbestos exposure, the exemption for airborne chrysotile asbestos should be removed, lowering the OEL for airborne chrysotile asbestos to the ACGIH TLV for all forms of airborne asbestos, which is 0.1 f/cc.”

Since then, ongoing meetings with stakeholders through the OHSAC were held and each time, stakeholders (FETCO, Canadian Labour Congress, etc.) reiterated their support for the proposed amendments and their desire to see them enforced as soon as possible.

Rationale

The adoption of the 0.1 f/cc OEL for airborne asbestos fibre would codify the Government's commitment to

— prescribing a lower and safer asbestos exposure level;
— working towards the gradual elimination of asbestos from federally regulated workplaces; and
— aligning its standards with the highest asbestos safety standards in effect in other jurisdictions, both in Canada and internationally.

In practical terms, it would ensure that the health and safety of Canadians working in federal jurisdiction workplaces are better protected.

Summary of impacts

Although many employers are believed to comply with the proposed OEL for all forms of asbestos already, the proposed amendments would ensure that all federally regulated employers are required to adhere to a safer OEL of 0.1 f/cc for all forms of airborne asbestos and to implement an asbestos exposure control plan if a risk of exposure to airborne asbestos exists.

Currently, if asbestos is identified, employers have to ensure there is no risk of exposure potentially compromising the health and safety of their employees. The proposed Asbestos Exposure Management Program would enable employers to implement a structured process tailored to asbestos hazards that minimizes the chances of exposure to all employees, protecting their health and safety.

There are no anticipated incremental costs to Government, consumers or Canadians for the development and implementation of the Asbestos Exposure Management Program. However, there are some potential incremental compliance costs for federally regulated employers.

The following table summarizes the estimated implementation costs per incident (“incident” is defined as an occurrence where friable asbestos is disturbed or carries the potential to be disturbed) of the proposed Asbestos Exposure Management Program.

Description	Estimated Cost
Asbestos Exposure Management Program	$9,100
Waste disposal	$1,396
Decontamination	$4,159
Subsequent air sampling	$636
TOTAL	$15,291

The total potential incremental cost for federal jurisdiction work sites to address new situations of friable asbestos exposure and removal would be $15,291 per incident.

According to the Association of Workers' Compensation Boards of Canada (AWCBC), between 2007 and 2014 there were an average of 162 annual accepted lost time claims related to asbestos incidents.

Considering that about 8% of all employers in Canada are under federal jurisdiction, it can be estimated that the same proportion, or 162 × 8% = 13 incidents/year, take place in federal jurisdiction work sites.

Thus, $15,291/incident × 13 incidents/year = $198,783/year. Using a 7 % discount rate, this regulatory proposal entails a discounted total cost of $1,396,169, in 2016 Canadian dollars, over a period of 10 years.

The proposed amendments are expected to contribute positively to the health and safety of employees by minimizing employee exposure to asbestos and ensuring that all employers follow an asbestos exposure management program when asbestos is disturbed and there is a potential for exposure. While some Canadian jurisdictions (British Columbia, Manitoba, Ontario, Quebec and New Brunswick) already prescribe asbestos exposure management programs to mitigate the risk of asbestos exposure, the extended latency period for asbestos-related health outcomes — which may last decades — currently precludes any statistical confirmation of the effectiveness of asbestos exposure management programs in the workplace.

Implementation, enforcement and service standards

The employers under federal jurisdiction would have to comply with the new requirements regarding the OELs when these regulations come into force on the day on which they are registered.

Overall, the Labour Program's compliance policy outlines the proactive and reactive activities used by delegated officials to ensure compliance. While OHS policy committees and workplace committees are the primary mechanisms through which employers and employees work together to solve job-related health and safety problems, the employer remains ultimately responsible for workplace health and safety. Delegated officials assist the industry in establishing and implementing policy committees and workplace committees, and related programs.

Statutory powers allow delegated officials to enter work sites and perform various activities to enforce compliance with the Code and the OHS regulations. For example, delegated officials may conduct safety audits and inspections. They may also investigate the circumstances surrounding the report of a contravention, work accident, refusal to work, or hazardous occurrence.

If violations of the Regulations are observed and are not resolved internally via policy and workplace committees, enforcement actions towards the employer for non-compliance would be used by a delegated official. Enforcement actions may range from the issuance of a written notice to further steps such as the initiation of prosecution. Initially, an attempt to correct non-compliance with the Regulations, when non-compliance does not represent a dangerous condition, is made through the issuance of an Assurance of Voluntary Compliance (AVC). An AVC is a written commitment that a contravention will be corrected within a specified time. Failure to complete the corrective actions specified in the AVC may lead the delegated official to issue a direction. A direction is issued whenever a serious contravention or dangerous condition exists and when an AVC is not obtainable or has not been fulfilled. Failure to comply with a direction is a violation of the Code and is therefore enforceable by prosecution. Offences can lead to imprisonment. The maximum penalty for offences is, on summary conviction, a fine of $1M, or on conviction on indictment, imprisonment for up to two years and/or a fine of $1M.

Contact

Doris Berthiaume
Senior Policy Analyst
Occupational Health and Safety Policy Unit
Program Development and Guidance Directorate
Labour Program
Employment and Social Development Canada
165 De l'Hôtel-de-Ville Street
Place du Portage, Phase II, 10th Floor
Gatineau, Quebec
K1A 0J2
Telephone: 819-654-4445
Email: doris.berthiaume@labour-travail.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to sections 125 (see footnote a), 125.1 (see footnote b), 126 (see footnote c), 135.2 (see footnote d) and 157 (see footnote e) of the Canada Labour Code (see footnote f), proposes to make the annexed Regulations Amending Certain Regulations Made Under the Canada Labour Code.

Interested persons may make representations concerning the proposed Regulations within 45 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Doris Berthiaume, Senior Policy Analyst, Occupational Health and Safety Policy Unit, Labour Program, Employment and Social Development Canada, 165 Hôtel-de-Ville Street, Gatineau, Quebec K1A 0J2 (tel.: 819-654-4445; email: doris.berthiaume@labour-travail.gc.ca).

Ottawa, December 15, 2016

Jurica Čapkun
Assistant Clerk of the Privy Council

Regulations Amending Certain Regulations Made Under the Canada Labour Code

Canada Occupational Health and Safety Regulations

1 (1) The definition airborne chrysotile asbestos in section 10.1 of the Canada Occupational Health and Safety Regulations (see footnote 2) is repealed.

(2) Section 10.1 of the Regulations is amended by adding the following in alphabetical order:

airborne asbestos fibre means asbestos fibres that are longer than 5 μm (micrometres) with an aspect ratio equal to or greater than 3:1 and that are carried by the air; (fibres d'amiante aéroportées)

asbestos means actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite in their fibrous form; (amiante)

asbestos-containing material means

(a) any article that is manufactured and contains 1% or more asbestos by weight at the time of manufacture or that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material; and
(b) any material that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material; (matériau contenant de l'amiante)

clearance air sampling means sampling to determine if the concentration of airborne asbestos fibre inside an enclosure is below the limit referred to in section 10.19 to permit the dismantling of a containment; (échantillonnage de l'air après décontamination)

containment means an isolation system that is designed to effectively contain asbestos fibre within a designated work area where asbestos-containing material is handled, removed, encapsulated or enclosed; (confinement)

encapsulation means treatment of an asbestos-containing material with a sealant that penetrates the material and binds the asbestos fibres together, and treatment of the surface of the asbestos-containing material with a sealant that creates a membrane on the surface, to prevent the release of asbestos fibres into the air; (encapsulation)

enclosure means a physical barrier such as drywall, plywood, or metal sheeting that isolates asbestos-containing material from adjacent areas in a building to prevent the release of airborne asbestos into those areas; (encloisonnement)

friable asbestos-containing material means any asbestos-containing material that, when dry, can be easily crumbled or powdered by hand pressure, or that is crumbled or powdered; (matériau friable contenant de l'amiante)

glove bag means a polyethylene or polyvinyl chloride bag affixed around an asbestos-containing source that permits the material to be removed while minimizing release of airborne asbestos into the work place; (sac à gants)

HEPA filter means a high-efficiency particulate air filter that has been tested to ensure efficiency equal to or exceeding 99.97% for removal of airborne particles having a mean aerodynamic diameter of 0.3 µm (micrometers) from the air; (filtre HEPA)

high-risk activity means activity that involves the handling or the disturbance of friable asbestos-containing material or working in proximity to friable asbestos-containing material, where there is a high level of control necessary to prevent exposure to excessive concentrations of airborne asbestos and includes

(a) the removal or disturbance of more than 1 m² of friable asbestos-containing material in a workplace even if the activity is divided into smaller jobs,
(b) the spray application of a sealant to friable asbestos-containing material,
(c) cleaning or removing air-handling equipment, but not including filters, in a building that has sprayed-on fireproofing that is asbestos-containing material,
(d) repairing, altering or demolishing any part of a kiln, metallurgical furnace or similar structure that contains asbestos-containing materials,
(e) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material, if the activity is done by means of power tools that are not attached to dust-collecting devices equipped with HEPA filters, and
(f) repairing, altering or demolishing any part of a building in which asbestos is or was used in the manufacture of products, unless the asbestos was cleaned up and removed; (activité à risque élevé)

low-risk activity means activity that involves the handling of asbestos-containing material or working in proximity to non-friable asbestos-containing material and includes

(a) installing or removing ceiling tiles that are non-friable asbestos-containing material and cover an area less than 7.5 m²,
(b) installing or removing other non-friable asbestos-containing materials if the material is not being broken, cut, drilled, abraded, ground, sanded or vibrated, and dust is not being generated,
(c) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if the material is wetted to control the spread of dust or fibres, and the activity is done only with non-powered hand-held tools, and
(d) removing less than 1 m² of drywall in which joint cement contains asbestos; (activité à faible risque)

moderate-risk activity means activity that involves the handling of asbestos-containing material or working in proximity to friable asbestos-containing material, not otherwise classified as low-risk and high-risk activities and includes

(a) removing all or part of a false ceiling to obtain access to a work area, if asbestos-containing material is likely to be lying on the surface of the false ceiling,
(b) the removal or disturbance of 1 m² or less of friable asbestos-containing material during the repair, alteration, maintenance or demolition in a work place,
(c) enclosing friable asbestos-containing material,
(d) applying tape or a sealant or other covering to pipe or boiler insulation that is asbestos-containing material,
(e) removing ceiling tiles that are asbestos-containing material, if the tiles cover an area greater than 2 m² and are removed without being broken, cut, drilled, abraded, ground, sanded or vibrated,
(f) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if
- (i) the material is not wetted to control the spread of dust or fibres, and
- (ii) the activity is done only by means of non-powered hand-held tools,
(g) removing 1 m² or more of drywall in which joint cement that is asbestos-containing material has been used;
(h) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if the activity is done by means of power tools that are attached to dust-collecting devices equipped with HEPA filters;
(i) removing insulation that is asbestos-containing material from a pipe, duct or similar structure using a glove bag; and
(j) cleaning or removing filters used in air-handling equipment in a building that has sprayed fireproofing that is asbestos-containing material; (activité à risque modéré)

work activity means any low-risk activity, moderate-risk activity or high-risk activity or any activity that is ancillary to that activity, and the supervision of that activity and that ancillary activity. (activité de travail)

2 (1) Paragraph 10.19(1)(a) of the Regulations is replaced by the following:

(a) an airborne chemical agent, other than grain dust or airborne asbestos fibre, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists, in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time; or

(2) Subsection 10.19(1) of the Regulations is amended by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).

(3) Section 10.19 of the Regulations is amended by adding the following after subsection (1):

(1.1) An employer shall ensure that an employee's exposure to a concentration of airborne asbestos fibre is as close to zero as is reasonably practicable, but in any event the employer shall ensure that the concentration is not in excess of the value for airborne asbestos fibre adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

(4) The portion of subsection 10.19(3) of the Regulations before paragraph (a) is replaced by the following:

(3) If there is a likelihood that the concentration of an airborne chemical agent may exceed any value referred to in subsection (1) or that the concentration of airborne asbestos fibre may exceed zero, air samples shall be taken by a qualified person and the concentration of the chemical agent shall be determined

3 Paragraph 10.21(b) of the Regulations is replaced by the following:

(b) such use would result in a concentration of an airborne hazardous substance in excess of the values referred to in paragraph 10.19(1)(a) or subsection 10.19(1.1) or the limits referred to in subsections 10.20(1) or (2).

4 The Regulations are amended by adding the following before the heading “Identification” before section 10.27:

Asbestos Exposure Management Program

Asbestos-containing Material

10.26.1 (1) If asbestos-containing material exists in a work place and there is the potential for a release of asbestos fibre or employee exposure to asbestos fibre, the employer shall ensure that the qualified person that is carrying out a hazard investigation under section 10.4, takes into consideration the type of asbestos, the condition of the asbestos-containing material, the friability of the asbestos-containing material, the accessibility to and likelihood of damage to the asbestos-containing material and the potential for the release of the asbestos fibre or employee exposure to asbestos fibre.

(2) After an investigation is carried out under section 10.4, the employer shall ensure that a readily available record of the location, friability and state of the asbestos-containing material and the type of asbestos contained in the asbestos-containing material is kept and maintained in the work place for examination by employees and is in any form as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Asbestos Exposure Control Plan

10.26.2 Before undertaking any work activity that involves asbestos-containing material, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and administer an asbestos exposure control plan that requires the employer to

(a) ensure that a hazard investigation under section 10.4 has been carried out by a qualified person and, in the event that there is a change in the work activity, review any report that was prepared as a result of the investigation and, if necessary, have a qualified person carry out another investigation;
(b) ensure that the qualified person classifies the work activity as a low-risk activity, moderate-risk activity or high-risk activity;
(c) ensure that all asbestos-containing material in the work place that is exposed or that will be disturbed is identified by signs and labels or by any other effective manner;
(d) ensure that all friable asbestos-containing material present in the work place is controlled by removal, enclosure or encapsulation or by any other effective manner to prevent exposure of employees to asbestos;
(e) develop and implement procedures and control measures for moderate-risk activities and high-risk activities; and
(f) develop and implement an employee education and training program that is specific to asbestos-containing material.

10.26.3 If an employee who is undertaking automotive service procedures may be exposed to asbestos from friction material or dust arising from that material, the employer shall ensure that

(a) no person uses compressed air, brushes or other similar means to dry-remove friction material dust from automotive assemblies; and
(b) signs to advise employees of the hazards and required precautions are posted in service work areas where friction material is handled or dust arising from that material is generated.

Asbestos Dust, Waste and Debris Removal

10.26.4 (1) During any work activities that involve friable asbestos-containing materials, at frequent and regular intervals as determined by a qualified person, at the end of each work shift and immediately after the work activity is completed, an employer shall ensure that

(a) all asbestos dust, waste and debris are removed by vacuuming with a vacuum cleaner that is equipped with a HEPA filter, damp-mopping or wet-sweeping the area that is contaminated with the asbestos dust, waste or debris; and
(b) any drop sheets that are contaminated with asbestos dust, waste or debris are wetted.

(2) All asbestos dust, waste or debris and any drop sheets that are contaminated with asbestos dust, waste or debris shall be placed in a container referred to in section 10.26.11.

10.26.5 If a glove bag is used for the removal of asbestos insulation from pipes, ducts and similar structures, an employer shall ensure that

(a) the glove bag is sealed to prevent the release of asbestos fibres into the work area;
(b) the glove bag is inspected for damage or defects immediately before it is attached to the pipe, duct or similar structure and at regular intervals during its use;
(c) all waste from asbestos-containing material that is on surfaces is washed to the bottom of the glove bag and all exposed asbestos-containing material is encapsulated when it is inside the glove bag;
(d) the glove bag is evacuated using a vacuum cleaner that is equipped with a HEPA filter to remove the air inside the bag prior to the removal of the glove bag; and
(e) after the glove bag is removed, all exposed surfaces are cleaned by damp wiping and using a vacuum cleaner that is equipped with a HEPA filter.

Decontamination

10.26.6 (1) Before leaving a work area that is contaminated with asbestos-containing material, an employee shall

(a) if the protective clothing is to be reused, decontaminate their protective clothing before taking it off by damp wiping their clothing or using a vacuum cleaner that is equipped with a HEPA filter on their clothing; and
(b) if the protective clothing will not be reused, place the clothing in a container referred to in section 10.26.11.

(2) An employer shall provide employees with a facility reserved for washing their hands and face, and employees shall wash their hands and face using that facility before leaving a work area that is contaminated with asbestos-containing material.

10.26.7 As soon as practicable after any work activity that involves asbestos-containing material is completed, an employee shall clean reusable tools, equipment, rigid barriers and portable enclosures that are contaminated with asbestos by damp wiping or by using a vacuum cleaner that is equipped with a HEPA filter.

Air Sampling

10.26.8 (1) An employer shall ensure that a qualified person takes air samples to test for airborne asbestos

(a) in the vicinity of the containment during any work activity that involves asbestos-containing material and, in the case of work activity that lasts longer than 24 hours, at least daily;
(b) in the clean room during removal and clean-up operations and, in the case of removal and clean-up that last longer than 24 hours, at least daily; and
(c) in contaminated areas that are inside the containment as necessary during removal and clean-up operations in order to ensure that employees are protected.

(2) An employer shall ensure that the following air samples are collected:

(a) two samples for every area in an enclosure that is 10 m² or less;
(b) three samples for every area in an enclosure that is more than 10 m² and not more than 500 m²; and
(c) five samples for every area in an enclosure that is more than 500 m².

(3) Within 24 hours after obtaining the air sampling test results, the employer shall

(a) post a copy of the results in a conspicuous place at the work place; and
(b) make the results available to the policy committee if any, the work place committee and the health and safety representative.

Clearance Air Sampling

10.26.9 (1) Before dismantling a containment and after all asbestos dust, waste and debris have been cleaned up, removed or otherwise controlled, an employer shall ensure that clearance air samples are taken inside the enclosure and that the concentrations of airborne asbestos fibre are determined in accordance with Method 7400 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of airborne asbestos fibre.

(2) When conducting clearance air sampling, an employer shall use forced air inside the enclosure to dislodge any asbestos fibres from all surfaces and keep them airborne.

(3) Clearance air sampling is successful only if the concentrations of airborne asbestos fibre do not exceed the values referred to in subsection 10.19(1.1).

10.26.10 Within 24 hours after obtaining the clearance air sampling results, an employer shall

(a) post a copy of the results in a conspicuous place at the work place; and
(b) make the results available to the policy committee if any, the work place committee and the health and safety representative and provide a copy of the results to the Minister.

Containers for Asbestos Dust, Waste and Debris

10.26.11 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material shall be

(a) dust tight;
(b) suitable to contain asbestos dust, waste and debris;
(c) impervious to asbestos;
(d) identified as containing asbestos dust, waste or debris;
(e) cleaned with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter immediately before being removed from the work area; and
(f) removed from the work place frequently and at regular intervals as determined by a qualified person.

On Board Trains Occupational Health and Safety Regulations

5 Section 7.1 of the On Board Trains Occupational Health and Safety Regulations (see footnote 3) is amended by adding the following in alphabetical order:

asbestos means actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite in their fibrous form; (amiante)

asbestos-containing material means

(a) any article that is manufactured and contains 1% or more asbestos by weight at the time of manufacture or that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material, and
(b) any material that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material; (matériau contenant de l'amiante)

clearance air sampling means sampling to determine if the concentration of airborne asbestos fibre inside an enclosure is below the limit referred to in section 7.20 to permit the dismantling of a containment; (échantillonnage de l'air après décontamination)

encapsulation means treatment of an asbestoscontaining material with a sealant that penetrates the material and binds the asbestos fibres together, and treatment of the surface of the asbestos-containing material with a sealant that creates a membrane on the surface, to prevent the release of asbestos fibres into the air; (encapsulation)

high-risk activity means activity that involves the handling or the disturbance of friable asbestos-containing material or working in proximity to friable asbestoscontaining material, where there is a high level of control necessary to prevent exposure to excessive concentrations of airborne asbestos fibre and includes

(a) the removal or disturbance of more than 1 m² of friable asbestos-containing material in a workplace even if the activity is divided into smaller jobs,
(b) the spray application of a sealant to friable asbestos-containing material,
(c) cleaning or removing air-handling equipment, but not including filters, in a building that has sprayed-on fireproofing that is asbestos-containing material,
(d) repairing, altering or demolishing any part of a kiln, metallurgical furnace or similar structure that contains asbestos-containing materials,
(e) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material, if the activity is done by means of power tools that are not attached to dust-collecting devices equipped with HEPA filters, and
(f) repairing, altering or demolishing any part of a building in which asbestos is or was used in the manufacture of products, unless the asbestos was cleaned up and removed; (activité à risque élevé)

low-risk activity means activity that involves the handling of asbestos-containing material or working in proximity to non-friable asbestos-containing material and includes

(a) installing or removing ceiling tiles that are non- friable asbestos-containing material and cover an area less than 7.5 m²,
(b) installing or removing other non-friable asbestos-containing materials if the material is not being broken, cut, drilled, abraded, ground, sanded or vibrated, and dust is not being generated,
(c) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if the material is wetted to control the spread of dust or fibres, and the activity is done only with non-powered hand-held tools, and
(d) removing less than 1 m² of drywall in which joint cement contains asbestos; (activité à faible risque)

(a) removing all or part of a false ceiling to obtain access to a work area, if asbestos-containing material is likely to be lying on the surface of the false ceiling,
(b) the removal or disturbance of 1 m² or less of friable asbestos-containing material during the repair, alteration, maintenance or demolition in a work place,
(c) enclosing friable asbestos-containing material,
(d) applying tape or a sealant or other covering to pipe or boiler insulation that is asbestos-containing material,
(e) removing ceiling tiles that are asbestos-containing material, if the tiles cover an area greater than 2 m² and are removed without being broken, cut, drilled, abraded, ground, sanded or vibrated,
(f) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if
- (i) the material is not wetted to control the spread of dust or fibres, and
- (ii) the activity is done only by means of nonpowered hand-held tools,
(g) removing 1 m² or more of drywall in which joint cement that is asbestos-containing material has been used,
(h) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if the activity is done by means of power tools that are attached to dust-collecting devices equipped with HEPA filters,
(i) removing insulation that is asbestos-containing material from a pipe, duct or similar structure using a glove bag, and
(j) cleaning or removing filters used in air-handling equipment in a building that has sprayed fireproofing that is asbestos-containing material; (activité à risque modéré)

6 (1) Paragraph 7.20(1)(a) of the Regulations is replaced by the following:

(a) an airborne chemical agent, other than airborne asbestos fibre, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time; or

(2) Section 7.20 of the Regulations is amended by adding the following after subsection (1):

(3) The portion of subsection 7.20(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If there is a likelihood that the concentration of an airborne chemical agent may exceed the value referred to in paragraph (1)(a) or that the concentration of airborne asbestos fibre may exceed zero, air samples shall be taken by a qualified person and the concentration of the chemical agent shall be determined

7 Paragraph 7.21.1(b) of the Regulations is replaced by the following:

(b) that use would result in either a concentration of an airborne chemical agent that is greater than the values referred to in paragraph 7.20(1)(a) or subsection 7.20(1.1) or a concentration of an airborne chemical agent or combination of airborne chemical agents that is greater than the maximum concentration set out in subsection 7.21(1) or (2).

8 The Regulations are amended by adding the following before the heading “Identification” before section 7.24:

Asbestos Exposure Management Program

Asbestos-containing Material

7.23.1 (1) If asbestos-containing material exists in a work place and there is the potential for a release of asbestos fibre or employee exposure to asbestos fibre, the employer shall ensure that the qualified person that is carrying out a hazard investigation under section 7.3, takes into consideration the type of asbestos, the condition of the asbestos-containing material, the friability of the asbestos-containing material, the accessibility to and likelihood of damage to the asbestos-containing material and the potential for the release of the asbestos fibre or employee exposure to asbestos fibre.

(2) After an investigation is carried out under section 7.3, the employer shall ensure that a readily available record of the location, friability and state of the asbestos-containing material and the type of asbestos contained in the asbestos-containing material is kept and maintained in the work place for examination by employees and is in any form as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Asbestos Exposure Control Plan

7.23.2 Before undertaking any work activity that involves asbestos-containing material, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and administer an asbestos exposure control plan that requires the employer to

(a) ensure that a hazardinvestigation under section 7.3 has been carried out by a qualified person and, in the event that there is a change in the work activity, review any report that was prepared as a result of the investigation and, if necessary, have a qualified person carry out another investigation;
(b) ensure that the qualified person classifies the work activity as a low-risk activity, moderate-risk activity or high-risk activity;
(c) ensure that all asbestos-containing material in the work place that is exposed or that will be disturbed is identified by signs and labels or by any other effective manner;
(d) ensure that all friable asbestos-containing material present in the work place is controlled by removal, enclosure or encapsulation or by any other effective manner to prevent exposure of employees to asbestos;
(e) develop and implement procedures and control measures for moderate-risk activities and high-risk activities; and
(f) develop and implement an employee education and training program that is specific to asbestos-containing material.

7.23.3 If an employee who is undertaking automotive service procedures may be exposed to asbestos from friction material or dust arising from that material, the employer shall ensure that

(a) no person uses compressed air, brushes or other similar means to dry-remove friction material dust from automotive assemblies; and
(b) signs to advise employees of the hazards and required precautions are posted in service work areas where friction material is handled or dust arising from that material is generated.

Asbestos Dust, Waste and Debris Removal

7.23.4 (1) During any work activities that involve friable asbestos-containing materials, at frequent and regular intervals as determined by a qualified person, at the end of each work shift and immediately after the work is completed, an employer shall ensure that

(a) all asbestos dust, waste and debris are removed by vacuuming with a vacuum cleaner that is equipped with a HEPA filter, damp-mopping or wet-sweeping the area that is contaminated with the asbestos dust, waste or debris; and
(b) any drop sheets that are contaminated with asbestos dust, waste or debris are wetted.

(2) All asbestos dust, waste or debris and any drop sheets that are contaminated with asbestos dust, waste or debris shall be placed in a container referred to in section 7.23.11.

7.23.5 If a glove bag is used for the removal of asbestos insulation from pipes, ducts and similar structures, an employer shall ensure that

(a) the glove bag is sealed to prevent the release of asbestos fibres into the work area;
(b) the glove bag is inspected for damage or defects immediately before it is attached to the pipe, duct or similar structure and at regular intervals during its use;
(c) all waste from asbestos-containing material that is on surfaces is washed to the bottom of the glove bag and all exposed asbestos-containing material is encapsulated when it is inside the glove bag;
(d) the glove bag is evacuated using a vacuum cleaner that is equipped with a HEPA filter to remove the air inside the bag prior to the removal of the glove bag; and
(e) after the glove bag is removed, all exposed surfaces are cleaned by damp wiping and using a vacuum cleaner that is equipped with a HEPA filter.

Decontamination

7.23.6 (1) Before leaving a work area that is contaminated with asbestos-containing material, an employee shall

(a) if the protective clothing is to be reused, decontaminate their protective clothing before taking it off by damp wiping their clothing or using a vacuum cleaner that is equipped with a HEPA filter on their clothing; and
(b) if the protective clothing will not be reused, place the clothing in a container referred to in section 7.23.11.

7.23.7 As soon as practicable after any work activity that involves asbestos-containing material is completed, an employee shall clean reusable tools, equipment, rigid barriers and portable enclosures that are contaminated with asbestos by damp wiping or by using a vacuum cleaner that is equipped with a HEPA filter.

Air Sampling

7.23.8 (1) An employer shall ensure that a qualified person takes air samples to test for airborne asbestos fibre

(a) in the vicinity of the containment during any work activity that involves asbestos-containing material and, in the case of work activity that lasts longer than 24 hours, at least daily;
(b) in the clean room during removal and clean-up operations and, in the case of removal and clean-up that last longer than 24 hours, at least daily; and
(c) in contaminated areas that are inside the containment as necessary during removal and clean-up operations in order to ensure that employees are protected.

(2) An employer shall ensure that the following air samples are collected:

(a) two samples for every area in an enclosure that is 10 m² or less;
(b) three samples for every area in an enclosure that is more than10 m² and not more than 500 m²; and
(c) five samples for every area in an enclosure that is more than 500 m².

(3) Within 24 hours after obtaining the air sampling test results, the employer shall

(a) post a copy of the results in a conspicuous place at the work place; and
(b) make the results available to the policy committee if any, the work place committee and the health and safety representative.

Clearance Air Sampling

7.23.9 (1) Before dismantling a containment and after all asbestos dust, waste and debris have been cleaned up, removed or otherwise controlled, an employer shall ensure that clearance air samples are taken inside the enclosure and that the concentrations of airborne asbestos fibre are determined in accordance with Method 7400 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of airborne asbestos fibre.

(2) When conducting clearance air sampling, an employer shall use forced air inside the enclosure to dislodge any asbestos fibres from all surfaces and keep them airborne.

(3) Clearance air sampling is successful only if the concentrations of airborne asbestos fibre do not exceed the values referred to in subsection 7.20(1.1).

7.23.10 Within 24 hours after obtaining the clearance air sampling results, an employer shall

(a) post a copy of the results in a conspicuous place at the work place; and
(b) make the results available to the policy committee if any, the work place committee and the health and safety representative and provide a copy of the results to the Minister.

Containers for Asbestos Dust, Waste and Debris

7.23.11 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material shall be

(a) dust tight;
(b) suitable to contain asbestos dust, waste and debris;
(c) impervious to asbestos;
(d) identified as containing asbestos dust, waste or debris;
(e) cleaned with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter immediately before being removed from the work area; and
(f) removed from the work place frequently and at regular intervals as determined by a qualified person.

Oil and Gas Occupational Safety and Health Regulations

9 Section 11.1 of the Oil and Gas Occupational Safety and Health Regulations (see footnote 4) is amended by adding the following in alphabetical order:

asbestos means actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite in their fibrous form; (amiante)

asbestos-containing material means

(a) any article that is manufactured and contains 1% or more asbestos by weight at the time of manufacture or that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material, and
(b) any material that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material; (matériau contenant de l'amiante)

clearance air sampling means sampling to determine if the concentration of airborne asbestos fibre inside an enclosure is below the limit referred to in section 11.23 to permit the dismantling of a containment; (échantillonnage de l'air après décontamination)

encapsulation means treatment of an asbestos- containing material with a sealant that penetrates the material and binds the asbestos fibres together, and treatment of the surface of the asbestos-containing material with a sealant that creates a membrane on the surface, to prevent the release of asbestos fibres into the air; (encapsulation)

high-risk activity means activity that involves the handling or the disturbance of friable asbestos-containing material or working in proximity to friable asbestos- containing material, where there is a high level of control necessary to prevent exposure to excessive concentrations of airborne asbestos fibre and includes

(a) the removal or disturbance of more than 1 m² of friable asbestos-containing material in a workplace even if the activity is divided into smaller jobs,
(b) the spray application of a sealant to friable asbestos-containing material,
(c) cleaning or removing air-handling equipment, but not including filters, in a building that has sprayed-on fireproofing that is asbestos-containing material,
(d) repairing, altering or demolishing any part of a kiln, metallurgical furnace or similar structure that contains asbestos-containing materials,
(e) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material, if the activity is done by means of power tools that are not attached to dust-collecting devices equipped with HEPA filters, and
(f) repairing, altering or demolishing any part of a building in which asbestos is or was used in the manufacture of products, unless the asbestos was cleaned up and removed; (activité à risque élevé)

low-risk activity means activity that involves the handling of asbestos-containing material or working in proximity to non-friable asbestos-containing material and includes

(a) installing or removing ceiling tiles that are non- friable asbestos-containing material and cover an area less than 7.5 m²,
(b) installing or removing other non-friable asbestos-containing materials if the material is not being broken, cut, drilled, abraded, ground, sanded or vibrated, and dust is not being generated,
(c) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if the material is wetted to control the spread of dust or fibres, and the activity is done only with non-powered hand-held tools, and
(d) removing less than 1 m² of drywall in which joint cement contains asbestos; (activité à faible risque)

(a) removing all or part of a false ceiling to obtain access to a work area, if asbestos-containing material is likely to be lying on the surface of the false ceiling,
(b) the removal or disturbance of 1 m² or less of friable asbestos-containing material during the repair, alteration, maintenance or demolition in a work place,
(c) enclosing friable asbestos-containing material,
(d) applying tape or a sealant or other covering to pipe or boiler insulation that is asbestos-containing material,
(e) removing ceiling tiles that are asbestos-containing material, if the tiles cover an area greater than 2 m² and are removed without being broken, cut, drilled, abraded, ground, sanded or vibrated,
(f) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if
- (i) the material is not wetted to control the spread of dust or fibres, and
- (ii) the activity is done only by means of non- powered hand-held tools,
(g) removing 1 m² or more of drywall in which joint cement that is asbestos-containing material has been used,
(h) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if the activity is done by means of power tools that are attached to dust-collecting devices equipped with HEPA filters,
(i) removing insulation that is asbestos-containing material from a pipe, duct or similar structure using a glove bag, and
(j) cleaning or removing filters used in air-handling equipment in a building that has sprayed fireproofing that is asbestos-containing material; (activité à risque modéré)

10 (1) Paragraph 11.23(1)(a) of the Regulations is replaced by the following:

(a) an airborne chemical agent, other than grain dust or airborne asbestos fibre, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time;

(2) Section 11.23 of the Regulations is amended by adding the following after subsection (1):

(3) The portion of subsection 11.23(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If there is a likelihood that the concentration of an airborne chemical agent may exceed any value referred to in paragraph (1)(a) or (b) or that the concentration of airborne asbestos fibre may exceed zero, the air shall be sampled by a qualified person and the concentration of the chemical agent determined by means of a test in accordance with

11 Subsection 11.25(2) of the Regulations is replaced by the following:

(2) The use of compressed air shall not result in a concentration of an airborne hazardous substance in excess of the values for the hazardous substance referred to in subsections 11.23(1) or (1.1).

12 The Regulations are amended by adding the following before the heading “Identification” before section 11.29:

Asbestos Exposure Management Program

Asbestos-containing Material

11.28.1 (1) If asbestos-containing material exists in a work place and there is the potential for a release of asbestos fibre or employee exposure to asbestos fibre, the employer shall ensure that the qualified person that is carrying out a hazard investigation under section 11.3, takes into consideration the type of asbestos, the condition of the asbestos-containing material, the friability of the asbestos-containing material, the accessibility to and likelihood of damage to the asbestos-containing material and the potential for the release of the asbestos fibre or employee exposure to asbestos fibre.

(2) After an investigation is carried out under section 11.3, the employer shall ensure that a readily available record of the location, friability and state of the asbestos-containing material and the type of asbestos contained in the asbestos-containing material is kept and maintained in the work place for examination by employees and is in any form as determined in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative.

Asbestos Exposure Control Plan

11.28.2 Before undertaking any work activity that involves asbestos-containing material, the employer shall, in consultation with the policy committee or, if there is no policy committee, the safety and health committee or the safety and health representative, develop, implement and administer an asbestos exposure control plan that requires the employer to

(a) ensure that a hazard investigation under section 11.3 has been carried out by a qualified person and, in the event that there is a change in the work activity, review any report that was prepared as a result of the investigation and, if necessary, have a qualified person carry out another investigation;
(b) ensure that the qualified person classifies the work activity as a low-risk activity, moderate-risk activity or high-risk activity;
(c) ensure that all asbestos-containing material in the work place that is exposed or that will be disturbed is identified by signs and labels or by any other effective manner;
(d) ensure that all friable asbestos-containing material present in the work place is controlled by removal, enclosure or encapsulation or by any other effective manner to prevent exposure of employees to asbestos;
(e) develop and implement procedures and control measures for moderate-risk activities and high-risk activities; and
(f) develop and implement an employee education and training program that is specific to asbestos-containing material.

11.28.3 If an employee who is undertaking automotive service procedures may be exposed to asbestos from friction material or dust arising from that material, the employer shall ensure that

(a) no person uses compressed air, brushes or other similar means to dry-remove friction material dust from automotive assemblies; and
(b) signs to advise employees of the hazards and required precautions are posted in service work areas where friction material is handled or dust arising from that material is generated.

Asbestos Dust, Waste and Debris Removal

11.28.4 (1) During any work activities that involve friable asbestos-containing materials, at frequent and regular intervals as determined by a qualified person, at the end of each work shift and immediately after the work activity is completed, an employer shall ensure that

(a) all asbestos dust, waste and debris are removed by vacuuming with a vacuum cleaner that is equipped with a HEPA filter, damp-mopping or wet-sweeping the area that is contaminated with the asbestos dust, waste or debris; and
(b) any drop sheets that are contaminated with asbestos dust, waste or debris are wetted.

(2) All asbestos dust, waste or debris and any drop sheets that are contaminated with asbestos dust, waste or debris shall be placed in a container referred to in section 11.28.11.

11.28.5 If a glove bag is used for the removal of asbestos insulation from pipes, ducts and similar structures, an employer shall ensure that

(a) the glove bag is sealed to prevent the release of asbestos fibres into the work area;
(b) the glove bag is inspected for damage or defects immediately before it is attached to the pipe, duct or similar structure and at regular intervals during its use;
(c) all waste from asbestos-containing material that is on surfaces is washed to the bottom of the glove bag and all exposed asbestos-containing material is encapsulated when it is inside the glove bag;
(d) the glove bag is evacuated using a vacuum cleaner that is equipped with a HEPA filter to remove the air inside the bag prior to the removal of the glove bag; and
(e) after the glove bag is removed, all exposed surfaces are cleaned by damp wiping and using a vacuum cleaner that is equipped with a HEPA filter.

Decontamination

11.28.6 (1) Before leaving a work area that is contaminated with asbestos-containing material, an employee shall

(a) if the protective clothing is to be reused, decontaminate their protective clothing before taking it off by damp wiping their clothing or using a vacuum cleaner that is equipped with a HEPA filter on their clothing; and
(b) if the protective clothing will not be reused, place the clothing in a container referred to in section 11.28.11.

11.28.7 As soon as practicable after any work activity that involves asbestos-containing material is completed, an employee shall clean reusable tools, equipment, rigid barriers and portable enclosures that are contaminated with asbestos by damp wiping or by using a vacuum cleaner that is equipped with a HEPA filter.

Air Sampling

11.28.8 (1) An employer shall ensure that a qualified person takes air samples to test for airborne asbestos fibre

(a) in the vicinity of the containment during any work activity that involves asbestos-containing material and, in the case of work activity that lasts longer than 24 hours, at least daily;
(b) in the clean room during removal and clean-up operations and, in the case of removal and clean-up that last longer than 24 hours, at least daily; and
(c) in contaminated areas that are inside the containment as necessary during removal and clean-up operations in order to ensure that employees are protected.

(2) An employer shall ensure that the following air samples are collected:

(a) two samples for every area in an enclosure that is 10 m² or less;
(b) three samples for every area in an enclosure that is more than10 m² and not more than 500 m²; and
(c) five samples for every area in an enclosure that is more than 500 m².

(3) Within 24 hours after obtaining the air sampling test results, the employer shall

(a) post a copy of the results in a conspicuous place at the work place; and
(b) make the results available to the policy committee if any, the safety and health committee and the safety and health representative.

Clearance Air Sampling

11.28.9 (1) Before dismantling a containment and after all asbestos dust, waste and debris have been cleaned up, removed or otherwise controlled, an employer shall ensure that clearance air samples are taken inside the enclosure and that the concentrations of airborne asbestos fibre are determined in accordance with Method 7400 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of airborne asbestos fibre.

(2) When conducting clearance air sampling, an employer shall use forced air inside the enclosure to dislodge any asbestos fibres from all surfaces and keep them airborne.

(3) Clearance air sampling is successful only if the concentrations of airborne asbestos fibre do not exceed the values referred to in subsection 11.23(1.1).

11.28.10 Within 24 hours after obtaining the clearance air sampling results, an employer shall

(a) post a copy of the results in a conspicuous place at the work place; and
(b) make the results available to the policy committee if any, the safety and health committee and the safety and health representative and provide a copy of the results to the Minister.

Containers for Asbestos Dust, Waste and Debris

11.28.11 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material shall be

(a) dust tight;
(b) suitable to contain asbestos dust, waste and debris;
(c) impervious to asbestos;
(d) identified as containing asbestos dust, waste or debris;
(e) cleaned with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter immediately before being removed from the work area; and
(f) removed from the work place frequently and at regular intervals as determined by a qualified person.

Maritime Occupational Health and Safety Regulations

13 (1) The definition airborne chrysotile asbestos in section 243 of the Maritime Occupational Health and Safety Regulations (see footnote 5) is repealed.

(2) Section 243 of the Regulations is amended by adding the following in alphabetical order:

asbestos means actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite in their fibrous form. (amiante)

asbestos-containing material means

(a) any article that is manufactured and contains 1% or more asbestos by weight at the time of manufacture or that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material; and
(b) any material that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material. (matériau contenant de l'amiante)

clearance air sampling means sampling to determine if the concentration of airborne asbestos fibre inside an enclosure is below the limit referred to in section 255 to permit the dismantling of a containment. (échantillonnage de l'air après décontamination)

(a) the removal or disturbance of more than 1 m² of friable asbestos-containing material in a workplace even if the activity is divided into smaller jobs;
(b) the spray application of a sealant to friable asbestos-containing material;
(c) cleaning or removing air-handling equipment, but not including filters, in a building that has sprayed-on fireproofing that is asbestos-containing material;
(d) repairing, altering or demolishing any part of a kiln, metallurgical furnace or similar structure that contains asbestos-containing materials;
(e) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material, if the activity is done by means of power tools that are not attached to dust-collecting devices equipped with HEPA filters; and
(f) repairing, altering or demolishing any part of a building in which asbestos is or was used in the manufacture of products, unless the asbestos was cleaned up and removed. (activité à risque élevé)

low-risk activity means activity that involves the handling of asbestos-containing material or working in proximity to non-friable asbestos-containing material and includes

(a) installing or removing ceiling tiles that are non-friable asbestos-containing material and cover an area less than 7.5 m²;
(b) installing or removing other non-friable asbestos-containing materials if the material is not being broken, cut, drilled, abraded, ground, sanded or vibrated, and dust is not being generated;
(c) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if the material is wetted to control the spread of dust or fibres, and the activity is done only with non-powered hand-held tools; and
(d) removing less than 1 m² of drywall in which joint cement contains asbestos. (activité à faible risque)

(a) removing all or part of a false ceiling to obtain access to a work area, if asbestos-containing material is likely to be lying on the surface of the false ceiling;
(b) the removal or disturbance of 1 m² or less of friable asbestos-containing material during the repair, alteration, maintenance or demolition in a work place;
(c) enclosing friable asbestos-containing material;
(d) applying tape or a sealant or other covering to pipe or boiler insulation that is asbestos-containing material;
(e) removing ceiling tiles that are asbestos-containing material, if the tiles cover an area greater than 2 m² and are removed without being broken, cut, drilled, abraded, ground, sanded or vibrated;
(f) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if
- (i) the material is not wetted to control the spread of dust or fibres, and
- (ii) the activity is done only by means of non-powered hand-held tools;
(g) removing 1 m² or more of drywall in which joint cement that is asbestos-containing material has been used;
(h) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if the activity is done by means of power tools that are attached to dust-collecting devices equipped with HEPA filters;
(i) removing insulation that is asbestos-containing material from a pipe, duct or similar structure using a glove bag; and
(j) cleaning or removing filters used in air-handling equipment in a building that has sprayed fireproofing that is asbestos-containing material. (activité à risque modéré)

14 (1) Paragraph 255(1)(a) of the Regulations is replaced by the following:

(a) an airborne chemical agent, other than grain dust or airborne asbestos fibre, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time;

(2) Subsection 255(1) of the Regulations is amended by adding “or” at the end of paragraph (b) and by repealing paragraph 255(1)(c).

(3) Section 255 of the Regulations is amended by adding the following after subsection (1):

(1.1) An employer must ensure that an employee's exposure to a concentration of airborne asbestos fibre is as close to zero as is reasonably practicable, but in any event the employer must ensure that the concentration is not in excess of the value for airborne asbestos fibre adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

(4) The portion of subsection 255(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If there is a likelihood that the concentration of an airborne chemical agent may exceed the applicable value referred to in paragraph (1)(a) or (b), or that the concentration of airborne asbestos fibre may exceed zero, the air must be sampled by a qualified person and the concentration of the chemical agent must be determined by means of a test in accordance with

15 Paragraph 256(1)(b) of the Regulations is replaced by the following:

(b) that use would result in a concentration of an airborne hazardous substance that is in excess of the values referred to in paragraph 255(1)(a) or subsection 255(1.1) or the limits referred to in subsections 255(5) or (6).

16 The Regulations are amended by adding the following before section 258:

Asbestos Exposure Management Program

Asbestos-containing Material

257.1 (1) If asbestos-containing material exists in a work place and there is the potential for a release of asbestos fibre or employee exposure to asbestos fibre, the employer must ensure that the qualified person that is carrying out a hazard investigation under section 245, takes into consideration the type of asbestos, the condition of the asbestos-containing material, the friability of the asbestos-containing material, the accessibility to and likelihood of damage to the asbestos-containing material and the potential for the release of the asbestos fibre or employee exposure to asbestos fibre.

(2) After an investigation is carried out under section 245, the employer must ensure that a readily available record of the location, friability and state of the asbestos-containing material and the type of asbestos contained in the asbestos-containing material is kept and maintained in the work place for examination by employees and is in any form as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Asbestos Exposure Control Plan

257.2 Before undertaking any work activity that involves asbestos-containing material, the employer must, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and administer an asbestos exposure control plan that requires the employer to

(a) ensure that a hazard investigation under section 245 has been carried out by a qualified person and, in the event that there is a change in the work activity, review any report that was prepared as a result of the investigation and, if necessary, have a qualified person carry out another investigation;
(b) ensure that the qualified person classifies the work activity as a low-risk activity, moderate-risk activity or high-risk activity;
(c) ensure that all asbestos-containing material in the work place that is exposed or that will be disturbed is identified by signs and labels or by any other effective manner;
(d) ensure that all friable asbestos-containing material present in the work place is controlled by removal, enclosure or encapsulation or by any other effective manner to prevent exposure of employees to asbestos;
(e) develop and implement procedures and control measures for moderate-risk activities and high-risk activities; and
(f) develop and implement an employee education and training program that is specific to asbestos-containing material.

257.3 If an employee who is undertaking automotive service procedures may be exposed to asbestos from friction material or dust arising from that material, the employer must ensure that

(a) no person uses compressed air, brushes or other similar means to dry-remove friction material dust from automotive assemblies; and
(b) signs to advise employees of the hazards and required precautions are posted in service work areas where friction material is handled or dust arising from that material is generated.

Asbestos Dust, Waste and Debris Removal

257.4 (1) During any work activities that involve friable asbestos-containing materials, at frequent and regular intervals as determined by a qualified person, at the end of each work shift and immediately after the work activity is completed, an employer must ensure that

(a) all asbestos dust, waste and debris are removed by vacuuming with a vacuum cleaner that is equipped with a HEPA filter, damp-mopping or wet-sweeping the area that is contaminated with the asbestos dust, waste or debris; and
(b) any drop sheets that are contaminated with asbestos dust, waste or debris are wetted.

(2) All asbestos dust, waste or debris and any drop sheets that are contaminated with asbestos dust, waste or debris must be placed in a container referred to in section 257.92.

257.5 If a glove bag is used for the removal of asbestos insulation from pipes, ducts and similar structures, an employer must ensure that

(a) the glove bag is sealed to prevent the release of asbestos fibres into the work area;
(b) the glove bag is inspected for damage or defects immediately before it is attached to the pipe, duct or similar structure and at regular intervals during its use;
(c) all waste from asbestos-containing material that is on surfaces is washed to the bottom of the glove bag and all exposed asbestos-containing material is encapsulated when it is inside the glove bag;
(d) the glove bag is evacuated using a vacuum cleaner that is equipped with a HEPA filter to remove the air inside the bag prior to the removal of the glove bag; and
(e) after the glove bag is removed, all exposed surfaces are cleaned by damp wiping and using a vacuum cleaner that is equipped with a HEPA filter.

Decontamination

257.6 (1) Before leaving a work area that is contaminated with asbestos-containing material, an employee must

(a) if the protective clothing is to be reused, decontaminate their protective clothing before taking it off by damp wiping their clothing or using a vacuum cleaner that is equipped with a HEPA filter on their clothing; and
(b) if the protective clothing will not be reused, place the clothing in a container referred to in section 257.92.

(2) An employer must provide employees with a facility reserved for washing their hands and face, and employees must wash their hands and face using that facility before leaving a work area that is contaminated with asbestos-containing material.

257.7 As soon as practicable after any work activity that involves asbestos-containing material is completed, an employee must clean reusable tools, equipment, rigid barriers and portable enclosures that are contaminated with asbestos by damp wiping or by using a vacuum cleaner that is equipped with a HEPA filter.

Air Sampling

257.8 (1) An employer must ensure that a qualified person takes air samples to test for airborne asbestos fibre

(a) in the vicinity of the containment during any work activity that involves asbestos-containing material and, in the case of work activity that lasts longer than 24 hours, at least daily;
(b) in the clean room during removal and clean-up operations and, in the case of removal and clean-up that last longer than 24 hours, at least daily; and
(c) in contaminated areas that are inside the containment as necessary during removal and clean-up operations in order to ensure that employees are protected.

(2) An employer must ensure that the following air samples are collected:

(a) two samples for every area in an enclosure that is 10 m² or less;
(b) three samples for every area in an enclosure that is more than10 m² and not more than 500 m²; and
(c) five samples for every area in an enclosure that is more than 500 m².

(3) Within 24 hours after obtaining the air sampling test results, the employer must

(a) post a copy of the results in a conspicuous place at the work place; and
(b) make the results available to the policy committee if any, the work place committee and the health and safety representative.

Clearance Air Sampling

257.9 (1) Before dismantling a containment and after all asbestos dust, waste and debris have been cleaned up, removed or otherwise controlled, an employer must ensure that clearance air samples are taken inside the enclosure and that the concentrations of airborne asbestos fibre are determined in accordance with Method 7400 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of airborne asbestos fibre.

(2) When conducting clearance air sampling, an employer must use forced air inside the enclosure to dislodge any asbestos fibres from all surfaces and keep them airborne.

(3) Clearance air sampling is successful only if the concentrations of airborne asbestos fibre do not exceed the values referred to in subsection 255(1.1).

257.91 Within 24 hours after obtaining the clearance air sampling results, an employer must

(a) post a copy of the results in a conspicuous place at the work place; and
(b) make the results available to the policy committee if any, the work place committee and the health and safety representative and provide a copy of the results to the Minister.

Containers for Asbestos Dust, Waste and Debris

257.92 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material must be

(a) dust tight;
(b) suitable to contain asbestos dust, waste and debris;
(c) impervious to asbestos;
(d) identified as containing asbestos dust, waste or debris;
(e) cleaned with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter immediately before being removed from the work area; and
(f) removed from the work place frequently and at regular intervals as determined by a qualified person.

Aviation Occupational Health and Safety Regulations

17 Section 5.1 of the Aviation Occupational Health and Safety Regulations (see footnote 6) is amended by adding the following in alphabetical order:

asbestos means actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite in their fibrous form. (amiante)

asbestos-containing material means

(a) any article that is manufactured and contains 1% or more asbestos by weight at the time of manufacture or that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material; and
(b) any material that contains a concentration of 1% or more asbestos as determined in accordance with Method 9002 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of the material. (matériau contenant de l'amiante)

clearance air sampling means sampling to determine if the concentration of airborne asbestos fibre inside an enclosure is below the limit referred to in section 5.16 to permit the dismantling of a containment. (échantillonnage de l'air après décontamination)

(a) the removal or disturbance of more than 1 m² of friable asbestos-containing material in a workplace even if the activity is divided into smaller jobs;
(b) the spray application of a sealant to friable asbestos-containing material;
(c) cleaning or removing air-handling equipment, but not including filters, in a building that has sprayed-on fireproofing that is asbestos-containing material;
(d) repairing, altering or demolishing any part of a kiln, metallurgical furnace or similar structure that contains asbestos-containing materials;
(e) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material, if the activity is done by means of power tools that are not attached to dust-collecting devices equipped with HEPA filters; and
(f) repairing, altering or demolishing any part of a building in which asbestos is or was used in the manufacture of products, unless the asbestos was cleaned up and removed. (activité à risque élevé)

low-risk activity means activity that involves the handling of asbestos-containing material or working in proximity to non-friable asbestos-containing material and includes

(a) installing or removing ceiling tiles that are non-friable asbestos-containing material and cover an area less than 7.5 m²;
(b) installing or removing other non-friable asbestos-containing materials if the material is not being broken, cut, drilled, abraded, ground, sanded or vibrated, and dust is not being generated;
(c) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if the material is wetted to control the spread of dust or fibres, and the activity is done only with non-powered hand-held tools; and
(d) removing less than 1 m² of drywall in which joint cement contains asbestos. (activité à faible risque)

(a) removing all or part of a false ceiling to obtain access to a work area, if asbestos-containing material is likely to be lying on the surface of the false ceiling;
(b) the removal or disturbance of 1 m² or less of friable asbestos-containing material during the repair, alteration, maintenance or demolition in a work place;
(c) enclosing friable asbestos-containing material;
(d) applying tape or a sealant or other covering to pipe or boiler insulation that is asbestos-containing material;
(e) removing ceiling tiles that are asbestos-containing material, if the tiles cover an area greater than 2 m² and are removed without being broken, cut, drilled, abraded, ground, sanded or vibrated;
(f) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if
- (i) the material is not wetted to control the spread of dust or fibres, and
- (ii) the activity is done only by means of non-powered hand-held tools;
(g) removing 1 m² or more of drywall in which joint cement that is asbestos-containing material has been used;
(h) breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if the activity is done by means of power tools that are attached to dust-collecting devices equipped with HEPA filters,
(i) removing insulation that is asbestos-containing material from a pipe, duct or similar structure using a glove bag, and
(j) cleaning or removing filters used in air-handling equipment in a building that has sprayed fireproofing that is asbestos-containing material. (activité à risque modéré)

18 (1) Subsection 5.16(1) of the Regulations is replaced by the following:

5.16 (1) No employee shall be exposed to a concentration of an airborne chemical agent, other than airborne asbestos fibre, in excess of the value for that chemical agent adopted by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

(2) Section 5.16 of the Regulations is amended by adding the following after subsection (1):

(3) The portion of subsection 5.16(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If there is a likelihood that the concentration of an airborne chemical agent may exceed the value referred to in subsection (1) or that the concentration of airborne asbestos fibre may exceed zero, air samples shall be taken by a qualified person and the concentration of the chemical agent shall be determined

19 The Regulations are amended by adding the following before section 5.20:

Asbestos Exposure Management Program

Asbestos-containing Material

5.19.1 (1) If asbestos-containing material exists in a work place and there is the potential for a release of asbestos fibre or employee exposure to asbestos fibre, the employer shall ensure that the qualified person that is carrying out a hazard investigation under section 5.4, takes into consideration the type of asbestos, the condition of the asbestos-containing material, the friability of the asbestos-containing material, the accessibility to and likelihood of damage to the asbestos-containing material and the potential for the release of the asbestos fibre or employee exposure to asbestos fibre.

(2) After an investigation is carried out under section 5.4, the employer shall ensure that a readily available record of the location, friability and state of the asbestos-containing material and the type of asbestos contained in the asbestos-containing material is kept and maintained in the work place for examination by employees and is in any form as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.

Asbestos Exposure Control Plan

5.19.2 Before undertaking any work activity that involves asbestos-containing material, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and administer an asbestos exposure control plan that requires the employer to

(a) ensure that a hazard investigation under section 5.4 has been carried out by a qualified person and, in the event that there is a change in the work activity, review any report that was prepared as a result of the investigation and, if necessary, have a qualified person carry out another investigation;
(b) ensure that the qualified person classifies the work activity as a low-risk activity, moderate-risk activity or high-risk activity;
(c) ensure that all asbestos-containing material in the work place that is exposed or that will be disturbed is identified by signs and labels or by any other effective manner;
(d) ensure that all friable asbestos-containing material present in the work place is controlled by removal, enclosure or encapsulation or by any other effective manner to prevent exposure of employees to asbestos;
(e) develop and implement procedures and control measures for moderate-risk activities and high-risk activities; and
(f) develop and implement an employee education and training program that is specific to asbestos-containing material.

5.19.3 If an employee who is undertaking automotive service procedures may be exposed to asbestos from friction material or dust arising from that material, the employer shall ensure that

(a) no person uses compressed air, brushes or other similar means to dry-remove friction material dust from automotive assemblies; and
(b) signs to advise employees of the hazards and required precautions are posted in service work areas where friction material is handled or dust arising from that material is generated.

Asbestos Dust, Waste and Debris Removal

5.19.4 (1) During any work activities that involve friable asbestos-containing materials, at frequent and regular intervals as determined by a qualified person, at the end of each work shift and immediately after the work activity is completed, an employer shall ensure that

(a) all asbestos dust, waste and debris are removed by vacuuming with a vacuum cleaner that is equipped with a HEPA filter, damp-mopping or wet-sweeping the area that is contaminated with the asbestos dust, waste or debris; and
(b) any drop sheets that are contaminated with asbestos dust, waste or debris are wetted.

(2) All asbestos dust, waste or debris and any drop sheets that are contaminated with asbestos dust, waste or debris shall be placed in a container referred to in section 5.19.11.

5.19.5 If a glove bag is used for the removal of asbestos insulation from pipes, ducts and similar structures, an employer shall ensure that

(a) the glove bag is sealed to prevent the release of asbestos fibres into the work area;
(b) the glove bag is inspected for damage or defects immediately before it is attached to the pipe, duct or similar structure and at regular intervals during its use;
(c) all waste from asbestos-containing material that is on surfaces is washed to the bottom of the glove bag and all exposed asbestos-containing material is encapsulated when it is inside the glove bag;
(d) the glove bag is evacuated using a vacuum cleaner that is equipped with a HEPA filter to remove the air inside the bag prior to the removal of the glove bag; and
(e) after the glove bag is removed, all exposed surfaces are cleaned by damp wiping and using a vacuum cleaner that is equipped with a HEPA filter.

Decontamination

5.19.6 (1) Before leaving a work area that is contaminated with asbestos-containing material, an employee shall

(a) if the protective clothing is to be reused, decontaminate their protective clothing before taking it off by damp wiping their clothing or using a vacuum cleaner that is equipped with a HEPA filter on their clothing; and
(b) if the protective clothing will not be reused, place the clothing in a container referred to in section 5.19.11.

5.19.7 As soon as practicable after any work activity that involves asbestos-containing material is completed, an employee shall clean reusable tools, equipment, rigid barriers and portable enclosures that are contaminated with asbestos by damp wiping or by using a vacuum cleaner that is equipped with a HEPA filter.

Air Sampling

5.19.8 (1) An employer shall ensure that a qualified person takes air samples to test for airborne asbestos fibre

(a) in the vicinity of the containment during any work activity that involves asbestos-containing material and, in the case of work activity that lasts longer than 24 hours, at least daily;
(b) in the clean room during removal and clean-up operations and, in the case of removal and clean-up that last longer than 24 hours, at least daily; and
(c) in contaminated areas that are inside the containment as necessary during removal and clean-up operations in order to ensure that employees are protected.

(2) An employer shall ensure that the following air samples are collected:

(a) two samples for every area in an enclosure that is 10 m² or less;
(b) three samples for every area in an enclosure that is more than10 m² and not more than 500 m²; and
(c) five samples for every area in an enclosure that is more than 500 m².

(3) Within 24 hours after obtaining the air sampling test results, the employer shall

(a) post a copy of the results in a conspicuous place at the work place; and
(b) make the results available to the policy committee if any, the work place committee and the health and safety representative.

Clearance Air Sampling

5.19.9 (1) Before dismantling a containment and after all asbestos dust, waste and debris have been cleaned up, removed or otherwise controlled, an employer shall ensure that clearance air samples are taken inside the enclosure and that the concentrations of airborne asbestos fibre are determined in accordance with Method 7400 set out in the document entitled NIOSH Manual of Analytical Methods published by the National Institute for Occupational Safety and Health, as amended from time to time, or in accordance with a scientifically proven method used to collect and analyze a representative sample of airborne asbestos fibre.

(2) When conducting clearance air sampling, an employer shall use forced air inside the enclosure to dislodge any asbestos fibres from all surfaces and keep them airborne.

(3) Clearance air sampling is successful only if the concentrations of airborne asbestos fibre do not exceed the values referred to in subsection 5.16(1.1).

5.19.10 Within 24 hours after obtaining the clearance air sampling results, an employer shall

(a) post a copy of the results in a conspicuous place at the work place; and
(b) make the results available to the policy committee if any, the work place committee and the health and safety representative and provide a copy of the results to the Minister.

Containers for Asbestos Dust, Waste and Debris

5.19.11 Containers for the containment of asbestos dust, waste and debris and asbestos-containing material shall be

(a) dust tight;
(b) suitable to contain the dust, waste and debris;
(c) impervious to asbestos;
(d) identified as containing asbestos dust, waste or debris;
(e) cleaned with a damp cloth or a vacuum cleaner that is equipped with a HEPA filter immediately before being removed from the work area; and
(f) removed from the work place frequently and at regular intervals as determined by a qualified person.

Coming into Force

20 These Regulations come into force on the day on which they are registered.

[52-1-o]

Footnotes

Footnote a
S.C. 2013, c. 40, s. 177
Footnote b
S.C. 2014, c. 20, s. 140
Footnote c
S.C. 2013, c. 40, s. 178
Footnote d
S.C. 2000, c. 20, s. 10
Footnote e
S.C. 2013, c. 40, s. 198
Footnote f
R.S., c. L-2
Footnote 1
Labour Program, Criteria for Reasonably Practicable, and Reasonably Possible — 920-1-IPG-055, http://www.labour.gc.ca/eng/resources/ipg/055.shtml.
Footnote 2
SOR/86-304; SOR/94-263, s. 1; SOR/2002-208, s. 1
Footnote 3
SOR/87-184; SOR/95-105, s. 1; SOR/2015-143, s. 1
Footnote 4
SOR/87-612; SOR/94-165, s. 2
Footnote 5
SOR/2010-120
Footnote 6
SOR/2011-87