O. Reg. 185/19: CONTROL OF EXPOSURE TO BIOLOGICAL OR CHEMICAL AGENTS

filed June 10, 2019 under Occupational Health and Safety Act, R.S.O. 1990, c. O.1

ontario regulation 185/19

made under the

Occupational Health and Safety Act

Made: May 30, 2019
Filed: June 10, 2019
Published on e-Laws: June 10, 2019
Printed in The Ontario Gazette: June 29, 2019

Amending Reg. 833 of R.R.O. 1990

(CONTROL OF EXPOSURE TO BIOLOGICAL OR CHEMICAL AGENTS)

1. (1) Section 1 of Regulation 833 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“airline respirator” means a respirator and air supply hose with a hood or helmet, a tight-fitting facepiece, or a loose-fitting facepiece or visor, that is supplied with compressed breathing air from a compressed breathing air system; (“appareil de protection respiratoire à adduction d’air”)

“air-purifying respirator” means a respirator with an air-purifying filter, cartridge or canister that removes specific air contaminants by passing ambient air through the air-purifying element; (“appareil de protection respiratoire à épuration d’air”)

“assigned protection factor” means the anticipated level of respiratory protection that would be provided by a properly functioning respirator or class of respirators to properly fitted and trained users; (“facteur de protection caractéristique”)

“direct-reading instrument” means a combustible gas indicator, oxygen meter, colorimetric indicator tube, organic vapour monitor or other instrument that can immediately detect and provide a measurement of an airborne chemical agent; (“instrument à lecture directe”)

“HEPA filter” means a high efficiency particulate air filter that is at least 99.97 per cent efficient in removing particles with a mean aerodynamic diameter of 0.3 micrometres from the air; (“filtre HEPA”)

“IDLH atmosphere” means an atmosphere that poses an immediate threat to life or that will cause irreversible adverse health effects or impair a worker’s ability to escape from the environment; (“atmosphère DIVS”)

“maximum use concentration” means the maximum concentration of an airborne biological or chemical agent that a respirator can be expected to protect a worker using the respirator from, as determined by multiplying the assigned protection factor set out in Schedule 2 for the respirator, or, if applicable, the simulated workplace protection factor for the respirator, by the occupational exposure limit set out for the substance in the Ontario Table or in the ACGIH Table; (“concentration d’utilisation maximale”)

“NIOSH” means the National Institute for Occupational Safety and Health; (“NIOSH”)

“powered air-purifying respirator” means an air-purifying respirator that, by means of a powered blower worn by the user, passes ambient air through an air-purifying element and then supplies purified air to a helmet, hood, facepiece or visor worn by the user; (“appareil de protection respiratoire à épuration d’air à ventilation assistée”)

“qualitative fit test” means a qualitative fit test method set out in Annex B of CSA Standard CAN/CSA-Z94.4-18, Selection, Use and Care of Respirators (September 2018); (“essai d’ajustement qualitatif”)

“quantitative fit test” means a quantitative fit test method set out in Annex C of CSA Standard CAN/CSA-Z94.4-18, Selection, Use and Care of Respirators (September 2018); (“essai d’ajustement quantitatif”)

“self-contained breathing apparatus” means a respirator that has a portable supply of breathing gas that is independent of the ambient atmosphere; (“appareil de protection respiratoire autonome”)

“standard method for workplace air sampling and analysis” means a current standard method for measuring a biological or chemical agent that is published by,

(a) ASTM International,

(b) the Health and Safety Executive (UK),

(d) the International Organization for Standardization,

(e) NIOSH,

(f) the Occupational Safety and Health Administration, United States Department of Labor, or

(g) the United States Environmental Protection Agency; (“méthode normalisée d’échantillonnage et d’analyse de l’air d’un lieu de travail”)

“SWPF” or “simulated workplace protection factor” means a surrogate measure of the workplace protection provided by a respirator, as determined in a controlled laboratory setting that simulates a workplace setting; (“FPSMT”, “facteur de protection simulé en milieu de travail”)

“tight-fitting” means designed to form a complete seal with the user’s face or neck; (“hermétique”)

(2) The definition of “STEL” or “short-term exposure limit” in section 1 of the Regulation is revoked and the following substituted:

“STEL” or “short-term exposure limit” means the maximum airborne concentration of a biological or chemical agent to which a worker may be exposed,

(a) in any 15-minute period,

(b) no more than four times during an eight hour work shift, and

2. Subsection 3 (2) of the Regulation is revoked and the following substituted:

(2) The measures to be taken shall include the provision and use of,

(a) substitution of the hazardous biological or chemical agent;

(b) engineering controls;

(d) hygiene facilities and practices; and

(e) if section 7.2 applies, personal protective equipment.

3. Section 5 of the Regulation is revoked.

4. Section 6 of the Regulation is revoked and the following substituted:

Measuring airborne concentrations

6. (1) An employer shall ensure that procedures for monitoring, sampling and determining airborne concentrations of a biological or chemical agent and worker exposure to airborne concentrations of a biological or chemical agent,

(a) comply with,

(i) a standard method for workplace air sampling and analysis or another method recognized in industrial hygiene practice, and

(ii) the rules set out in Schedule 1 to this Regulation; and

(b) are performed by, or under the direction of, a person who is qualified because of knowledge, training and experience in industrial hygiene practice.

(2) If a direct-reading instrument is used to determine airborne concentrations of a biological or chemical agent, the employer shall ensure that the instrument is used, calibrated and maintained in accordance with the manufacturer’s instructions.

5. Section 7.2 of the Regulation is revoked and the following substituted:

Protection from biological or chemical agents

7.2. (1) An employer shall protect workers from exposure to a hazardous biological or chemical agent without requiring them to wear and use a respirator, unless subsection (2) applies or the employer complies with an applicable code of practice.

(2) The employer shall provide, and workers shall wear and use, a respirator appropriate in the circumstances to protect the workers from exposure to the agent,

(a) if substitution of the agent is not reasonable or not practical; and

(b) if engineering controls required by this Regulation,

(i) are not in existence or are not obtainable,

(ii) are not reasonable or not practical to adopt, install or provide because of the duration or frequency of the exposures or because of the nature of the process, operation or work,

(iii) are rendered ineffective because of a temporary breakdown of the controls, or

(iv) are ineffective to prevent, control or limit exposure because of an emergency.

(3) An employer who provides a worker with a respirator shall comply with the requirements set out in sections 9 to 13 of this Regulation.

6. The Regulation is amended by adding the following sections:

Respiratory Protection Program

Employer duties: respirators

9. (1) An employer who provides a worker with a respirator shall ensure that the respirator,

(a) is appropriate in the circumstances for the form and concentration of airborne biological or chemical agent in respect of which the respirator is to be used;

(b) meets or exceeds the requirements set out in this section and sections 10 to 13; and

(2) An employer who provides a worker with a respirator shall establish written measures and procedures regarding the selection, care and use of respirators.

(3) An employer who provides a worker with a respirator shall provide training and instruction to the worker in the care and use of the respirator before the worker first uses the respirator.

(4) The training and instruction required under subsection (3) shall include training and instruction on the following:

1. Limitations of the respirator.

2. Inspection and maintenance of the respirator, including, in the case of an air-purifying respirator, end of service life indicators or change out schedules for the cartridge, canister or filter.

3. Proper fitting of the respirator.

4. Cleaning and disinfecting the respirator.

Respirator requirements

10. (1) A respirator must meet the following requirements:

1. It must be,

i. approved by NIOSH; or

ii. approved by a testing and certification agency other than NIOSH and, in the opinion of a person qualified because of knowledge, training and experience in industrial hygiene practice, afford the worker using it protection at least equal to the protection afforded by the use of a respirator approved by NIOSH.

2. It must meet or exceed the applicable assigned protection factor set out in Schedule 2.

(2) An employer who provides a worker with a respirator shall have regard to the following when selecting the respirator:

1. The airborne concentration of the biological or chemical agent to which the worker is exposed, calculated in accordance with Schedule 1, and the maximum use concentration of the respirator.

2. The manufacturer’s information on the intended use, scope and limitations of the respirator.

3. The potential for an atmosphere with an oxygen concentration of less than 19.5 per cent, an IDLH atmosphere, or oil in the atmosphere.

(3) If a respirator is used to protect a worker from exposure to asbestos, it must be,

(a) equipped with a HEPA filter; or

(b) equipped with a N-100, R-100 or P-100 particulate filter.

(4) If an airline respirator is used in an IDLH atmosphere, it must be fitted with an auxiliary supply of breathing air that is sufficient to permit the worker to escape unassisted from the atmosphere.

(5) If a respirator is supplied with breathing air from an air cylinder or a compressed breathing air system, the following requirements must be met:

1. The breathing air must meet the purity requirements set out in Table 1 of CSA Standard CAN/CSA-Z180.1-13 (R2018), Compressed Breathing Air and Systems (2018).

2. If a compressed breathing air system uses a compressor with an operating pressure greater than 103.4 kPa to supply the breathing air, the breathing air must be tested at least once every six months to ensure that it meets the requirement set out in paragraph 1.

3. The air intake used in connection with a compressed breathing air system must,

i. for breathing air delivered by a compressor with an operating pressure greater than 103.4 kPa, be located in accordance with section 6 (Air intakes) and Annex A of CSA Standard CAN/CSA-Z180.1-13 (R2018), Compressed Breathing Air and Systems (2018), and

ii. for breathing air delivered by an ambient air system, be located in accordance with section 6 (Air intakes) and Annex B of CSA Standard CAN/CSA-Z180.1-13 (R2018), Compressed Breathing Air and Systems (2018),

4. If a compressed breathing air system uses an oil-lubricated compressor to supply the breathing air,

i. a continuous carbon monoxide monitor equipped with audible and visual alarms that activate at 5 ppm must be provided, and

ii. the continuous carbon monoxide monitor must be calibrated in accordance with the manufacturer’s instructions.

Requirements: use of respirator

11. (1) A respirator shall be used in accordance with the manufacturer’s instructions.

(2) A worker shall not be assigned to an operation that requires the use of a respirator unless the worker is physically able to perform the operation while using the respirator.

Requirements: tight-fitting respirator

12. (1) A respirator that is designed to be tight-fitting shall be tested for fit in accordance with one of the following:

1. A qualitative fit test.

2. A quantitative fit test.

(2) A worker shall conduct positive and negative pressure user seal checks prior to every use of a tight-fitting elastomeric respirator.

(3) A respirator that is designed to be tight-fitting shall not be provided to, or used by, a worker with facial hair that comes between the sealing surface of the facepiece and the face or that interferes with the functioning of the respirator.

Requirements: care and maintenance of respirator

13. A respirator shall be cared for and maintained in accordance with the manufacturer’s instructions.

7. Schedule 1 of the Regulation is revoked and the following substituted:

SCHEDULE 1
AIRBORNE MEASUREMENT AND CALCULATION OF EXPOSURE

1. Airborne concentrations of a biological or chemical agent are expressed as,

(a) parts of the agent per million parts of air by volume (ppm);

(b) milligrams of the agent per cubic metre of air (mg/m³); or

2. In determining exposure to airborne concentrations of the biological or chemical agent, no regard shall be had to the wearing or using of a respirator.

3. Air sampling of the airborne concentrations of the biological or chemical agent is not required for the full period of a work day or a work week if the air sampling is representative of airborne concentrations of the agent likely to be present during the full period.

4. The average concentrations of a biological or chemical agent to which a worker is exposed shall be determined from analysis of air samples taken as being representative of the exposure of the worker to the biological or chemical agent during work operations.

5. Subject to section 6 of this Schedule, the time-weighted average exposure to an airborne biological or chemical agent in a work day or work week shall be calculated as follows:

1. The cumulative daily or weekly exposure shall be calculated using the following formula:

C₁T₁ + C₂T₂ + ... + C_nT_n

where,

C₁is the concentration found in an air sample, and

T₁is the total time in hours to which the worker is taken to be exposed to concentration C₁ in a work day or a work week.

2. The time-weighted average exposure shall be calculated by dividing the cumulative daily exposure by eight and the cumulative weekly exposure by 40 respectively.

6. A determination of time-weighted average exposure for extended work shifts may be calculated using the methodology set out in the Guide for the Adjustment of Permissible Exposure Values for Unusual Work Schedules (March 2015) published by Quebec’s Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST), using the applicable TWA set out in the Ontario Table or the ACGIH Table.

7. Short-term exposures to the biological or chemical agent in any 15-minute period are determined from a single sample or from a time-weighted average of sequential samples taken during that period.

8. For mixtures of airborne chemical agents that exert an additive health effect, if analytical results of individual airborne agents are available, the following formula shall be used, subject to section 9 of this Schedule:

[(C₁/L₁) + (C₂/L₂) + … + (C_n/L_n)] ꞊ E

where,

C₁, C₂, ... , C_n are the concentrations of the individual agents found in the air sample,

L₁, L₂, ... , L_n are the respective exposure limits for the agents determined in accordance with the rules set out in section 4 of the Regulation,

and the sum of these ratios, E, shall not exceed 1.

9. If the agents in a mixture of airborne chemical agents have substantially different health effects,

(a) section 8 of this Schedule does not apply, and

(b) exposure to each agent shall be calculated independently.

8. The Regulation is amended by adding the following Schedule:

Schedule 2
assigned protection factor for respirators

Type of Respirator	Assigned Protection Factor
Air-Purifying Respirator – filtering-facepiece	10
Air-Purifying Respirator – half-facepiece	10
Air- Purifying Respirator – full-facepiece	50
Powered Air-Purifying Respirator – half-facepiece	50
Powered Air-Purifying Respirator – full-facepiece	1,000
Powered Air-Purifying Respirator – helmet/hood	25 1,000 if supported by an SWPF study
Powered Air-Purifying Respirator – loose-fitting facepiece/visor	25
Airline Respirator – continuous- flow half-facepiece	50
Airline Respirator – continuous- flow full-facepiece	1,000
Airline Respirator – continuous-flow helmet/hood	25 1,000 if supported by an SWPF study
Airline Respirator – continuous-flow loose-fitting facepiece/visor	25
Airline Respirator – pressure-demand half-facepiece	50
Airline Respirator – pressure-demand full-facepiece	1000
Self-Contained Breathing Apparatus (SCBA) – pressure-demand full-facepiece	10,000
Multi-functional SCBA/Airline Respirator	10,000

Commencement

9. This Regulation comes into force on the later of January 1, 2020 and the day it is filed.

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O. Reg. 185/19: CONTROL OF EXPOSURE TO BIOLOGICAL OR CHEMICAL AGENTS

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