O. Reg. 189/19: DESIGNATED SUBSTANCES, Filed June 10, 2019 under Occupational Health and Safety Act, R.S.O. 1990, c. O.1

ontario regulation 189/19

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 O. Reg. 490/09

(DESIGNATED SUBSTANCES)

1. (1) Section 1 of Ontario Regulation 490/09 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 designated substance 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 Table 1; (“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 designated substance that is published by,

(a) ASTM International,

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

(c) the Institut de recherche Robert-Sauvé en santé et en sécurité du travail (Québec),

(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 definitions of “code for measuring an airborne substance” and “code for respiratory equipment” in section 1 of the Regulation are revoked.

(3) The definitions of “code for medical surveillance” and “STEL” or “short-term exposure limit” in section 1 of the Regulation are revoked and the following substituted:

“Code for Medical Surveillance” means the Code for Medical Surveillance for Designated Substances in Ontario Regulation 490/09 (2019) under the Occupational Health and Safety Act published by the Ministry, dated 2019 and available on a website of the Government of Ontario; (“code régissant la surveillance médicale”)

“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

(c) with at least one hour between exposures; (“LECT”, “limite d’exposition à court terme”)

2. Section 14 of the Regulation is revoked and the following substituted:

Exception — construction

14. Despite sections 3 to 13, this Regulation does not apply, at a project, to an employer who engages in construction.

3. Subsection 15 (1) of the Regulation is amended by striking out “Subject to clause 14 (b)” at the beginning.

4. (1) Subsection 16 (3) of the Regulation is amended by striking out “respiratory equipment” at the end and substituting “a respirator”.

(2) Subsection 16 (4) of the Regulation is revoked.

5. (1) Subsection 18 (1) of the Regulation is amended by striking out “respiratory equipment” in the portion before clause (a) and substituting “a respirator”.

(2) Subsection 18 (2) of the Regulation is amended by striking out “respiratory equipment” wherever it appears and substituting in each case “a respirator”.

(3) Subsections 18 (3) and (4) of the Regulation are revoked and the following substituted:

(3) An employer who provides a worker with a respirator shall comply with the requirements of the Respiratory Protection Program set out in sections 26.1 to 26.5.

6. (1) Subsection 20 (4) of the Regulation is revoked and the following substituted:

(4) In the case of a control program respecting asbestos, benzene, coke oven emissions, isocyanates, lead, mercury or silica, the control program for the substance must provide for pre-placement, periodic, acute exposure and exit medical examinations, as required by the Code for Medical Surveillance, that include,

(a) a medical history that satisfies the requirements of the Code for Medical Surveillance;

(b) a physical examination that satisfies the requirements of the Code for Medical Surveillance; and

(c) clinical tests that are required by the examining physician and satisfy the requirements of the Code for Medical Surveillance.

(2) Subparagraph 1 v of subsection 20 (6) of the Regulation is amended by striking out “respiratory equipment” and substituting “a respirator”.

7. Clause 21 (3) (c) of the Regulation is amended by striking out “respiratory equipment” and substituting “respirators”.

8. Section 24 of the Regulation is revoked and the following substituted:

Measuring airborne concentrations

24. (1) An employer shall ensure that procedures for monitoring, sampling and determining airborne concentrations of a designated substance and worker exposure to airborne concentrations of a designated substance,

(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 Part I of Schedule 1; 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 designated substance, the employer shall ensure that the instrument is used, calibrated and maintained in accordance with the manufacturer’s instructions.

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

Respiratory Protection Program

Employer duties: respirators

26.1 (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 designated substance in respect of which the respirator is to be used;

(b) meets or exceeds the requirements set out in this section and sections 26.2 to 26.5; and

(c) is used by workers in accordance with the requirements of this section and sections 26.2 to 26.5.

(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

26.2 (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 designated substance to which the worker is exposed, calculated in accordance with Part I of 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

26.3 (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

26.4 (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

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

10. Clause 27 (1) (b) of the Regulation is amended by striking out “arsenic or ethylene oxide” at the end and substituting “acrylonitrile, arsenic, ethylene oxide or vinyl chloride”.

11. (1) Subsection 28 (1) of the Regulation is amended by striking out “arsenic or ethylene oxide” in the portion before clause (a) and substituting “acrylonitrile, arsenic, ethylene oxide or vinyl chloride”.

(2) Subsection 28 (3) of the Regulation is amended by striking out “arsenic or ethylene oxide” wherever it appears and substituting in each case “acrylonitrile, arsenic, ethylene oxide or vinyl chloride”.

12. (1) Clause 29 (1) (b) of the Regulation is amended by striking out “arsenic or ethylene oxide” at the end and substituting “acrylonitrile, arsenic, ethylene oxide or vinyl chloride”.

(2) Clause 29 (3) (a) of the Regulation is amended by striking out “applicable code for medical surveillance, if any” and substituting “Code for Medical Surveillance”.

13. Section 32 of the Regulation is revoked.

14. Part I of Schedule 1 to the Regulation is revoked and the following substituted:

PART I
AIRBORNE MEASUREMENT AND CALCULATION OF EXPOSURE

1. Airborne concentrations of a designated substance 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

(c) fibres per cubic centimetre of air (f/cc).

2. In determining exposure to airborne concentrations of the designated substance, no regard shall be had to the wearing or use of respirators.

3. Air sampling of the airborne concentrations of the designated substance 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 substance likely to be present during the full period.

4. The average concentrations of a designated substance 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 designated substance during work operations.

5. Subject to section 6 of this Schedule, the time-weighted average exposure to an airborne designated substance 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 + ... + CnTn

where,

C1 is the concentration found in an air sample, and

T1 is 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 Table 1 of this Regulation.

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

15. Schedule 2 to the Regulation is revoked and the following substituted:

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

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