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

Section 41 Disposition versions

2022-02-10

41. In order to comply with the values provided in section 40, the employer must control or improve the quality of the air by eliminating air contaminants or replacing dangerous substances, as provided in section 39. Failing that, the employer must take other measures favouring the following:

(1)  containment, to prevent the source of contamination from reaching the worker or affecting the percentage of oxygen;

(2)  the control of processes such as dust abatement, as well as the installation or improvement of an establishment’s local and then general ventilation.

In addition, such measures must be taken by the employer when designing, organizing or making changes to an establishment.

O.C. 885-2001, s. 41; O.C. 49-2022, s. 3.

2012-09-01

41. Standards: Subject to section 45, any establishment whose operation could cause the emission of gases, dusts, fumes, vapours and mists into the work area shall be operated so that the concentration of any gas, dust, fume, vapour or mist does not exceed, in the respiratory zone of the workers, the standards provided for in Schedule I for any time period specified therein.

The use of crocidolite, amosite or a product containing either of these substances is prohibited, except where their replacement is not reasonable or practicable.

Such an establishment shall be designed, constructed, fitted or provided with an evacuation system for gases, dusts, fumes, vapours or mists to comply with the standards provided for in the first paragraph.

The first paragraph also applies to any work station located in a vehicle, wherever situated.

O.C. 885-2001, s. 41.