This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1998 Asbestos Abatement Regulations, 1998 (Filed
December 23, 1998) Under the
authority of section 65 of the
Occupational Health and Safety Act, the Lieutenant-Governor in Council
makes the following regulations. Dated at John R.
Cummings, Q.C. REGULATIONS Analysis 1. Short
title 2. Purpose 3. Definitions 4. Application 5. Prohibition
and threshold limit values (TLVs) 6. Registration
of contractor 7. Worker
training 8. Notification
of division 9. Identification 10. Workplace
assessment 11. Asbestos
management plan 12. Preparation
of work area 13. Removal
procedure 14. Encapsulation
and enclosure 15. Air
monitoring of workplace 16. Respiratory 17. Personal
protective equipment 18. Personal
hygiene 19. Decontamination 20. Cleanup 21. Transport
and disposal 22. Precautions 23. Medical
monitoring 24. Record
of employees 25. Exemption 26. Repeal Schedule A Schedule B Short title 1. These regulations may be cited as
the Asbestos Abatement Regulations, 1998. Purpose 2. (1) Asbestos is a general term
which is used to describe a group of fibrous mineral silicates of which there
are 6 major types which include (a) chrysotile
(white asbestos); (b) crocidolite
(blue); (c) amosite
(brown); (d) anthophylite; (e) tremolite;
and (f) actinolite. (2) The
use of crocidolite and any product containing crocidolite is prohibited by
agreement to international convention. (3) Commercially,
asbestos has been used in those applications as fireproofing, textiles,
friction products, reinforcing materials; including cement pipes and structures
and insulation, both thermal and acoustical. (4) Availability
and low cost in combination with its properties such as structural stability at
very high temperatures, high tensile strength, chemical inertness and
flexibility attributed to its wide use. (5) Asbestosis
of the lung, lung cancer and mesothelioma, a rare cancer of the pleural lining,
have been associated with exposures to airborne asbestos fibres and as a result
the use of asbestos has been restricted in many jurisdictions. (6) Where
asbestos products are still in use, a concerted effort has been made to
minimize exposures both for those individuals handling the products and the
general public. (7) These
regulations have been developed to provide safe handling procedures to minimize
exposure to airborne asbestos fibre released from asbestos containing material. Definitions 3. In these regulations (a) "Act"
means the Occupational Health and Safety
Act; (b) "amended
water" means water to which a wetting agent has been added in accordance
with manufacturers specifications; (c) "asbestos"
means any of the following fibrous silicates: actinolite, amosite,
anthophylite, chrysotile, crocidolite or tremolite; (d) "asbestos
abatement training course" means a course of training with content
equivalent to that outlined in Schedule A and provided by a training
organization acceptable to the assistant deputy minister; (e) "asbestos
dust" means airborne particles of asbestos or settled particles of
asbestos which are liable to become airborne in the working environment; (f) "asbestos material" means material containing greater
than 1% asbestos by dry weight; (g) "exposure
to asbestos" means exposure at work to airborne respirable asbestos fibres
or asbestos dust, whether originating from asbestos minerals, materials or
products; (h) "fibre/cm3"
means fibres per cubic centimetre; (i) "friable material" means material that when dry can be
crumbled, pulverized or powdered by hand pressure and includes the material
that is crumbled, pulverized or powdered; (j) "HEPA filters" means a high efficiency particulate aerosol
filter that is at least 99.97% efficient in collecting a 0.3 micrometre
aerosol; (k) "owner"
means a trustee, receiver, tenant or occupier or a person for whose direct
benefit on completion work is being done; (l) "polyethylene sheeting" shall be considered to be no less
than 6 millimetre thickness; (m) "qualified
contractor" means principal contractor as defined in the Act and for
purposes of these regulations has one or more persons on staff qualified in
asbestos abatement; (n) "qualified
person" means a person who has successfully completed a course in asbestos
abatement acceptable to the assistant deputy minister according to Schedule A; (o) "respirable
asbestos fibres" means asbestos fibres having a diameter of less than 3 um
and a length-to-diameter ratio greater than 3:1 and only fibres of a length
greater than 5 um shall be taken into account for purposes of measurement; and (p) "um"
means micrometre. Application 4. (1) These regulations apply to (a) every
workplace covered under occupational health and safety legislation where
asbestos or material containing asbestos is likely to be handled, dealt with,
disturbed or removed and including every project, project owner, contractor,
employer and employee engaged in or on the project; (b) the
repair, alteration or maintenance of a building containing asbestos and to the
owner of it, and to every employer and employee engaged in the repair,
alteration or maintenance; (c) every
building in which material that contains asbestos has been used and to the
owner of it; (d) the
demolition, repair, alteration or maintenance of machinery, equipment,
aircraft, ships, locomotives, railway cars and vehicles containing asbestos and
to every employer and employee engaged in the demolition, repair, alteration or
maintenance; (e) manufacture
of materials or products containing asbestos; and (f) other operations involving a risk of exposure to airborne asbestos
fibres. (2) An
owner or contractor to whom these regulations apply shall take every reasonable
precaution to ensure that every worker who is not an employee of the owner or
contractor and who works in the workplace of the owner or contractor is
protected and every worker shall comply with the requirements of these
regulations Prohibition and threshold limit values (TLVs) 5. (1) A person shall not apply or
install by spraying, or cause to be applied or installed by spraying, asbestos
material. (2) The
use of crocidolite and a product containing this material is prohibited. (3) An
encapsulant shall not be applied to friable material that contains asbestos if
the friable material has visibly deteriorated or if there is insufficient
strength and adhesion of the friable material to its underlying materials and
surfaces to support the weight of the encapsulant and the friable materials. (4) The
owner or contractor shall ensure that where it is practical and feasible to
substitute materials less hazardous than asbestos, those materials be used. (5) The
owner or contractor shall maintain concentrations of airborne asbestos fibres
to as low as is reasonably achievable (ALARA) but in any case shall not exceed
the threshold limit values as contained in the current edition of the Threshold
Limit Values published by the American Conference of Governmental Industrial
Hygienists (ACGIH). Registration of contractor 6. (1) A person, firm, corporation or
other entity shall not enter into, engage in or work at the business of
asbestos removal unless the person, firm, corporation or other entity is the
holder of a valid asbestos abatement contractor's certificate. (2) The
application for an asbestos abatement contractor's certificate shall be made to
the assistant deputy minister. (3) The
contractor's asbestos abatement certificate may be granted if the applicant or the
applicant's agent (a) has
completed a course in asbestos abatement and is qualified; (b) has
employees who have completed a course in asbestos removal and are qualified;
and (c) has
the necessary control equipment available for use as described in these
regulations. (4) Notwithstanding
subsection (1), persons, firms, corporations or other entities who perform
limited asbestos removal work in the routine maintenance of their own property
or usual place of business using their own employees need not be registered,
provided the abatement work is performed and supervised by persons who are
trained under section 7. Worker training 7. (1) A person shall not engage in
any work in connection with asbestos abatement unless the person has either (a) successfully
completed a course of training and is qualified; (b) is
one of a crew supervised by a qualified person and has completed a program of
on-site training provided by a qualified worker in keeping with Schedule B. (2) This
education and training shall be provided by the employer. (3) Five
workers shall be the maximum receiving training under each supervisor. (4) The
owner or contractor shall be required to demonstrate that each asbestos
abatement worker has received the necessary training. (5) Workers
who ordinarily work with asbestos or are likely to be exposed to airborne
asbestos shall be informed of the hazards of asbestos exposure and measures to
be taken to minimize the hazards. Notification of division 8. The owner or contractor shall
notify the Occupational Health and Safety Division in writing of the following
before starting work: (a) nature
and place of work; (b) type
and quantity of asbestos or materials containing asbestos; (c) total
number of workers exposed; (d) duration
or anticipated duration of the work period; and (e) protective
and preventive measures to be taken. Identification 9. (1) Materials suspected of
containing asbestos shall be handled as such, until analysis by a competent
laboratory determines whether or not it does contain asbestos. (2) A
competent laboratory would use polarized-light microscopy, be able to report
the percentage range as well as type of asbestos in the material and have
demonstrated competence in the analysis of asbestos. Workplace assessment 10. (1) Every owner or contractor to
whom these regulations apply shall have an assessment to be made in writing of
the exposure or likelihood of exposure of an employee to the inhalation of
asbestos fibres. (2) The
assessment shall be compiled by a qualified person and consider matters
including (a) the
extent and potential extent of the exposure of an employee to the inhalation of
asbestos fibres; (b) the
measures and procedures necessary to control the exposure by means of
engineering controls, work practices and hygiene practices/facilities; and (c) whether
the asbestos is friable or non-friable. (3) The
owner or contractor shall consult with the health and safety committee or
worker safety representative. (4) Any
cost borne through identification, monitoring or another associated activity
for the protection of workers is the responsibility of the owner or contractor. Asbestos management plan 11. (1) Each owner or contractor shall
establish and implement a procedure to reduce the exposure of workers known as
the asbestos management plan. (2) Where
possible the procedure shall take due account of the specific features of each
workplace and shall include in written form at least the following: (a) a
description of each operation in which asbestos dust is emitted; (b) a
description of the specific means for controlling exposure to asbestos dust; (c) engineering
plans, safety data sheets or other relevant technical information; (d) air
monitoring data on the efficiency of control measures; and (e) a
description of the work practices or administrative controls needed. (3) Notwithstanding
the removal procedures described, alternate methods such as passive containment
including mini-enclosures and glove bags are permitted to minimize the
generation of airborne asbestos fibre and control asbestos exposure to an
appropriate level. (4) Contractors,
engaged to work in a plant where asbestos material is the principal product of
plant operation, shall adhere to the plant's asbestos plan and additional
measures acceptable to the minister which minimize the generation of asbestos
dust and prevent exposure to airborne asbestos fibres by their workers. Preparation of work area 12. (1) The owner or contractor shall
ensure that isolation of the worksite heating and ventilation system is carried
out first to prevent contamination and fibre dispersal to other areas of the
structure during stripping. (2) The
systems referred to in subsection (1) shall be switched off, openings into the
work area shall be sealed off with polyethylene sheeting. (3) The
owner or contractor shall prepare the work area by removing all moveable
equipment and miscellaneous items. (4) Floors,
walls and any remaining furniture shall be sealed with a double shroud of
polyethylene sheeting and any damage to the polyethylene draping that occurs as
the work proceeds shall be repaired immediately. (5) The
owner or contractor shall then isolate the removal area in order to restrict
access. (6) Except
in very unusual circumstances, there shall be only one route between the
decontamination area and the immediate work area. (7) An
"air lock" shall be constructed at the entrance to the immediate work
area, the doors of which shall consist of layers of polyethylene with at least
a one metre overlap. (8) The
sheets referred to in subsection (7) shall be weighted at the bottom to keep
the flaps closed. (9) A
decontamination area shall be set up adjacent to the entrance to the actual
work area consisting of an enclosed corridor, if required, leading to an enclosed
shower area which shall be followed by a clean change room. (10) The
shower area shall be provided with a hot and cold water supply and an adequate
supply of clean towels for each work shift. (11) Cleaning
of equipment and materials shall be performed inside the containment area. (12) Toilet
facilities shall exist in the work area to avoid decontamination for this
purpose and where those facilities do not exist, the owner or contractor shall
provide portable service. (13) Electrical
power connections to the permanent fixtures shall be disconnected but temporary
connections may be made for illumination purposes and the operation of asbestos
removal equipment. (14) Every
precaution shall be taken to avoid electrical shock utilizing ground fault protection. (15) Ceiling
mounted objects such as lights, partitions and other fixtures shall be removed
immediately before the actual asbestos removal operation, which may result in
contact with the ceiling resulting in potential significant exposure so the
precautions required for removal, i.e. personal protective equipment for
workers and onlookers, decontamination and similar, shall be observed. (16) Light
water spraying, as opposed to saturation, should be adequate to retard fibre
dispersal during electrical fixture removal. (17) Signs
shall be posted in prominent locations around the outermost entrances to the
work area to warn of the asbestos hazard within, and to indicate that only
authorized personnel may enter. (18) Hand
painted signs shall be prohibited. Removal procedure 13. (1) The owner or contractor shall
provide ventilation during the complete removal process to ensure that the
enclosure is under adequate negative pressure, at least 5 pascals (-0.02 inches
H2O). (2) The
volume of air shall be such that the air exchange rate is a minimum of 4 air
changes an hour. (3) The
ventilation system shall be of a type designed for use in toxic environments
and shall have properly maintained HEPA filters in place. (4) Smoke
testing shall be conducted before commencement of the work shift to ensure
integrity of the enclosure and prevent fibres from being released outside of
the enclosure. (5) Asbestos
containing material shall be thoroughly sprayed with amended water, left
untouched for several hours and resprayed immediately before beginning removal
in order to ensure that the material has been saturated. (6) Systematic
puncturing of surfaces which are coated with a water resistant material is
recommended to allow water penetration. (7) Fallen
material should be wet enough that water can easily be squeezed from it by
hand. (8) Removal
should proceed in small sections. (9) After
stripping, fallen material shall be scraped into piles with a rubber blade and
immediately shovelled, wet, into 6 mil or thicker polyethylene bags double
bagged which have been mounted into transport containers acceptable to the
minister. (10) Labelling
and transport of sealed containers of stripped material, as well as disposal,
must be conducted according to the minister's specifications. Encapsulation and enclosure 14. (1) Where it is considered
practical to allow asbestos containing products to remain within a workplace,
the use of an encapsulant shall be used to prevent fibre release into the
workplace. (2) Where
an encapsulant has been used, the owner or contractor shall develop a
maintenance program that includes (a) identification
of the product with labels that identify presence of asbestos; (b) training
of workers on the product and special precautions and procedures required
during maintenance; and (c) inspection
procedures and schedules to assess potential for fibre release. (3) Encapsulants,
penetrating or bridging types as appropriate, shall be applied over the surface
of the asbestos containing material using airless spray equipment. (4) Enclosure
methods will vary according to the needs of each individual situation, but in
all cases every effort shall be made to minimize the disturbance of asbestos
containing material during the enclosure operation. (5) Periodic
visual inspections and air sampling shall be performed. Air monitoring of workplace 15. (1) The owner or contractor shall
demonstrate through air sampling that engineering controls and respirators are
adequate for the asbestos hazards encountered. (2) Air
sampling shall include (a) sampling
around control areas to detect leakage during removal; and (b) sampling
after asbestos cleanup before control areas are removed. (3) The
owner or contractor shall use an approved air sampling method which may include
the membrane filter method with analysis by phase-contract microscopy. (4) Personnel
engaged in airborne fibre sampling/analysis shall have demonstrated competence
through participation in an appropriate quality control program. Respiratory 16. (1) The owner or contractor shall
ensure that respirators are provided, maintained, inspected and tested in
accordance with (2) The
owner or contractor shall provide positive air purifying respirators or supply
air respirators with full face piece to employees who remove asbestos
containing products from a machine, building or structure. (3) Where
operations are such that the possibility of asbestos fibres being released into
ambient air is negligible, the owner or contractor may provide a negative
pressure half face piece respirator to the worker. (4) For
the purpose of subsection (3), operations with a negligible probability of
fibre released to ambient air are (a) sampling
bulk material for identification; and (b) removal
of a short section of pipe insulation using glove bag procedures. Personal protective equipment 17. (1) Where employees' personal
clothing may become contaminated with asbestos dust, the owner or contractor
shall provide and pay for appropriate work clothing, which shall not be worn
outside the workplace. (2) Subsection
(1) shall be satisfied through the use of disposable clothing consisting of (a) full
body coveralls complete with hood, appropriate footwear and disposable gloves;
and (b) an
approved respirator. (3) Disposable
protective clothing shall not be removed from the control area and shall be
discarded as asbestos waste as necessary when torn or when the shift has been
completed. (4) Notwithstanding
subsection (1), the assistant deputy minister may approve in writing the use of
other clothing where the owner or contractor has provided an acceptable program
of cleaning and sanitizing and this program provides equivalent protection as
outlined in subsection (1). (5) The
handling and cleaning of used work clothing and special protective clothing
shall be carried out under controlled conditions to prevent the release of
asbestos dust. (6) The
owner or contractor shall be responsible for the cleaning, maintenance and
storage of work clothing, special clothing and personal protective equipment. Personal hygiene 18. (1) The owner or contractor shall
provide facilities for employees exposed to asbestos to wash, take a bath or
shower at the workplace. (2) All
employees who enter the work enclosure shall shower before leaving the
enclosure. Decontamination 19. (1) Decontamination shall be
required for all persons leaving the work area after removal has begun. (2) Work
clothes shall be removed in and left in the work area or in a storage room
constructed of polyethylene sheeting between the work area and shower room. (3) Respiratory
protection, however, shall be removed only as the individual enters the shower. (4) After
thorough showering the individual may enter the change room, dress and leave
the site. (5) In
the case of serious injury to a person in the work area, and in this case only,
decontamination procedures may be waived in the interests of obtaining medical
aid. (6) At
the end of the job, equipment shall be passed through the decontamination route
and be wet cleaned so that there is no visible contamination. Cleanup 20. (1) Workers involved in cleanup and
onlookers shall use personal protective equipment and respiratory protection. (2) The
owner or contractor shall ensure that areas are thoroughly cleaned and cleanup
demonstrated by air sampling before removal of containment. (3) All
polyethylene sheeting, tape, etc. used to construct barriers and used disposal
protective equipment and similar shall be sealed in 6 mil polyethylene and
handled according to the minister's specification for labelling and disposing
of asbestos-containing materials. (4) The
showers shall be dismantled and removed last in order that they may be used by
workers engaged in the cleanup procedures. (5) After
completion of the job and gross cleanup of disposable materials, the entire
area shall be wet cleaned and repeated as necessary. Transport and disposal 21. (1) The owner or contractor shall
produce a disposal permit from the minister. (2) Disposal
of asbestos shall conform to the requirements of the minister. (3) Appropriate
measures shall be taken by the owner or contractor to prevent pollution of the
general environment by asbestos dust released from the workplace. Precautions 22. (1) Every owner or contractor shall
take all necessary measures and procedures by means of engineering controls,
work practices, hygiene practices and facilities to ensure that the exposure of
an employee to airborne asbestos is reduced to the lowest practical level and
in any case shall not exceed current threshold limit values as issued by the
ACGIH. (2) Every
owner or contractor shall work in compliance with the work practices and
hygiene practices of these regulations. (3) Where
respiratory equipment is provided by an owner or contractor and used by an
employee, the respiratory equipment shall be appropriate in the circumstances
for the type and the concentration of airborne asbestos and shall meet or
exceed the requirements set out in section 16. Medical monitoring 23. (1) A worker, at the expense of the
owner or contractor, may be required to undergo medical examinations as
required by the chief occupational medical officer. (2) The
worker submitting to medical supervision shall have (a) confidentiality
of personal and medical information; and (b) full
explanations of purposes and results of the supervision. (3) Workers
shall be informed of the results of their medical examination. (4) Copies
of the worker's medical records shall be made available to the worker or, upon
the request of the worker, his or her physician. Record of employees 24. (1) The owner or contractor shall
establish and maintain an accurate record for each employee. (2) The
record referred to in subsection (1) may contain the following: (a) physician's
report from examinations performed; (b) detailed
work history; and (c) training
records of employee. (3) The
owner or contractor shall ensure that all employee records shall be maintained
for a period as may be required by the assistant deputy minister. Exemption 25. Where, in the opinion of the
minister, circumstances exist making compliance with these regulations or a
section of these regulations impractical, the minister may grant an exemption
from compliance with these regulations or a section of them, in individual
cases where, in the opinion of the minister the exemption is consistent with
safe practices. Repeal 26. The
Asbestos Abatement Code of Practice,
Consolidated Newfoundland Regulation 1147/96, is repealed. Schedule A Three Day
Training I. Introduction to the Course. II. Characteristics of
Asbestos/Recognition A. Introduction
to asbestos B. Uses
and applications C. Primary
areas where asbestos containing materials are found D. Exposure
factors E. Aerodynamics
of asbestos F. Identification
of asbestos-containing materials. A. History
of medical knowledge about asbestos B. Normal
respiratory function, anatomy and defense mechanisms C. Diseases
associated with asbestos exposure D. Medical
surveillance. IV. Respiratory Protection 2.75 hours A. History
of respirator usage B. Respirators
used for asbestos work 1. Air purifying 2. Powered air purifying (PAPR) 3. Type "C" or supplied air C. Guidelines
for use of respiratory protection D. Training
in respirator use, maintenance and inspection E. OSHA
requirements for an approved respiratory protection program. V. Control Methods. VI. Elements of a Worker Protection
Program A. Air
monitoring B. Survey
techniques for identification of asbestos containing materials C. Respiratory
protection -overview D. Personal
hygiene E. Decontamination
procedures -overview. A. Outline
for proper procedures 1. Setting up the work area 2. Preparing the job 3. Removal of asbestos-containing materials 4. Cleanup 5. Waste disposal 6. Decontamination procedures. VIII. Regulations A. Federal
agencies and regulations 1. OSHA asbestos standard 2. Employer and employee responsibility in safety and health B. Local
agencies and regulations. IX. Safety Factors on Asbestos
Maintenance and Repair Jobs A. Ladders
and scaffolding B. Electrical
hazards C. Emergency
procedures D. Heat
stress E. Non-asbestos
air contaminants F. Fire
and explosion hazards G. Slips,
trip and falls H. Confined
spaces. X. Work Practices Practical Experience
(hands-on with skill testing). XI. Review of Key Elements of Course
1/2 hour A. Job
set-up B. Removal
and/or sealing materials C. Waste
disposal D. Cleanup E. Decontamination F. Respirator
fit testing G. Glove
bags. XII. Evaluation A. Exam. Schedule B One Day
Training Asbestos
Production and Uses Friable and
Non-Friable Products Friable
Sprayed Products Used in Buildings Insulation
used on Mechanical Systems Health
Effects -Occupational and Non-Occupational Regulations Classifications
of Asbestos Work Worker
Protection Respiratory
Protection The
Respirator Program Protective
Clothing Respirator
Fit Testing Hands-on
Training (Glove Bag Methods, Small Enclosure) ©Earl G. Tucker, Queen's Printer |