OHS Code

Published Date: July 01, 2009
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Part 18 Personal Protective Equipment

Section 244 Respiratory dangers

(1) An employer must determine the degree of danger to a worker at a work site and whether the worker needs to wear respiratory protective equipment if

(a) a worker is or may be exposed to an airborne contaminant or a mixture of airborne contaminants in a concentration exceeding their occupational exposure limits, or

(b) the atmosphere has or may have an oxygen concentration of less than 19.5 percent by volume, or

(c) a worker is or may be exposed to an airborne biohazardous material.

(2) In making a determination under subsection (1), the employer must consider

(a) the nature and exposure circumstances of any contaminants or biohazardous material,

(b) the concentration or likely concentration of any airborne contaminants,

(c) the duration or likely duration of the worker’s exposure,

(d) the toxicity of the contaminants,

(e) the concentration of oxygen,

(f) the warning properties of the contaminants, and

(g) the need for emergency escape.

(3) Based on a determination under subsection (1), the employer must

(a) subject to subsection 3(b), provide and ensure the availability of the appropriate respiratory protective equipment to the worker at the work site, and

(b) despite section 247, when the effects of airborne biohazardous materials are unknown, provide and ensure the availability of respiratory protective equipment appropriate to the worker’s known exposure circumstances.

(3.1) Subsection (3) does not apply when an employer has developed and implemented procedures that effectively limit exposure to airborne biohazardous material.

(4) A worker must use the appropriate respiratory equipment provided by the employer under subsection (3).