S-2.1, r. 13 - Regulation respecting occupational health and safety

Section 45 Disposition versions

2022-02-10

45. Respirator: The employer must provide the worker with a respirator in the following cases:

(1)  during the period required to implement a measure provided for in section 41;

(2)  in case of an emergency where the values provided for in section 40 are not complied with;

(3)  if no measure makes it possible to comply with the values provided for in section 40.

O.C. 885-2001, s. 45; O.C. 49-2022, s. 6.

2012-09-01

45. Protective equipment: Where existing technology prevents an employer from complying with sections 40 and 41, and for work involving maintenance, inspection or repairs outside the workshop, or transportation where the standards provided for in sections 40 and 41 are not complied with or, where the technology exists, while waiting for the measures required for compliance with those sections to be implemented, the employer shall provide the worker, free-of-charge, with respiratory protective equipment and ensure that he uses it, as indicated in the Guide des appareils de protection respiratoire utilisés au Québec, published by the Institut de recherche Robert-Sauvé en santé et en sécurité du travail.

The equipment shall be selected, adjusted, used and cared for in accordance with the CSA Standard Z94.4-93 Selection, Use and Care of Respirators. A respiratory protection program shall be drafted and applied in compliance with that standard.

Notwithstanding the foregoing, where the exposure of a worker to asbestos does not exceed 5 times the time-weighted average exposure value, the employer may provide him with a mask certified at a minimum FFP2, pursuant to the Appareils de protection respiratoire: demi-masques filtrants contre les particules: exigences, essais, marquage EN-149 Standard of the European Committee for Standardisation, by a laboratory accredited by the latter. In such case, the employer shall make sure that the worker wears this equipment.

The preceding provision in no way diminishes the employer’s obligation to reduce at the source the dangers to the health, safety and physical well-being of workers.

O.C. 885-2001, s. 45.