IAQ-RELATED AMENDMENT TO THE CANADIAN OCCUPATIONAL SAFETY & HEALTH REGULATION, WHICH CAME INTO EFFECT ON OCTOBER 11TH, 2000

DIVISION III: HVAC SYSTEMS

Application

 2.20 (1) Sections 2.21 to 2.24 apply to buildings whose owner or principal tenant is an employer as defined in subsection 122(1) of the Act.

(2) Despite subsection (1), where the employer is not the principal tenant in the building but occupies a portion of the building in which there is an HVAC system over which the employer has control, sections 2.21 to 2.24 apply to that portion of the building.

Standards

2.21 Subject to section 2.22, every HVAC system installed on or after the day of the coming into force of this section shall meet the design requirements of ASHRAE Standard 62-1989, entitled Ventilation for Acceptable Indoor Air Quality, as amended from time to time.

2.22 To the extent reasonably practicable, the relevant portion of an HVAC system shall be modified to meet the design requirements referred to in section 2.21 if

(a) the level of occupancy in a building or portion of a building exceeds the level for which the HVAC system was designed; or

(b) the use of a building or portion of a building differs from the use for which the HVAC system was designed.

Records

2.23 (1) For HVAC systems installed on or after the day of the coming into force of this section, the employer shall keep a record of the information required by section A-2.3.5.2 of Appendix A of the National Building Code and make the record readily available.

(2) In addition to the record required by subsection (1), the employer shall keep and make readily available a record of the normal hours of occupancy and the types of activities of the occupants of the building.

(3) In the case of HVAC systems to which subsection (1) does not apply, the employer shall keep and make readily available all records required by subsections (1) and (2) that are reasonably practicable to keep.

Operation, Inspection, Testing, Cleaning and Maintenance

2.24 (1) Every employer shall appoint a qualified person to set out, in writing, instructions for the operation, inspection, testing, cleaning and maintenance of an HVAC system and the calibration of probes or sensors on which the system relies.

(2) The instructions shall

(a) take into account CSA Guideline Z204-94, entitled Guideline for Managing Air Quality in Office Buildings, dated June 1994;

(b) where they exist on the day that this section comes into force, be readily available;

(c) where they do not exist on the day that this section comes into force, be developed and made readily available as soon as possible and, in any event, no later than five years after that day;

(d) for buildings the construction of which is completed on or after the day of the coming into force of this section, be readily available as soon as possible and, in any event, no later than five years after the day of the coming into force of this section;

(e) specify the manner of operation of the HVAC system;

(f) specify the nature and frequency of inspections, testing, cleaning and maintenance; and

(g) be reviewed by a qualified person and amended
(i) when modifications to the HVAC system are carried out in accordance with section 2.22,
(ii) when the standard referred to in section 2.21 is amended,
(iii) when an investigation carried out in accordance with section 2.27 has identified that a safety or health hazard exists, or
(iv) at least every five years.

(3) Despite paragraph (2)(c), if an investigation referred to in section 2.27 identifies that a safety or health hazard exists, the instructions shall be developed and made readily available without delay.

(4) The employer shall appoint a qualified person or persons to implement the instructions and make a report, in writing, of each inspection, testing, cleaning and maintenance operation.

(5) The report shall be kept readily available by the employer for a period of at least five years and shall

(a) specify the date and type of work performed, and the identity of the person who performed it;
(b) identify the components of the HVAC system or portion of an HVAC system involved; and
(c) record test results, any deficiencies observed and the actions taken to correct them.

2.25  An employer shall ensure that the qualified person or persons referred to in subsection 2.24(4) are instructed and trained in the specific procedures to be followed in the operation, inspection, testing, cleaning and maintenance of the HVAC system and the calibration of probes or sensors on which the system relies.

2.26 An employer shall post, in a place readily accessible to every employee, the telephone number of a contact person to whom safety or health concerns regarding the indoor air quality in the work place can be directed.

Investigations

2.27 (1) Every employer shall develop, or appoint a qualified person to develop, a procedure for investigating situations in which the safety or health of an employee in the work place is or may be endangered by the air quality.

(2) The procedure shall include the following steps:

(a) a review of the nature and number of safety or health complaints;
(b) a visual inspection of the work place;
(c) the inspection of the HVAC system for cleanliness, operation and performance;
(d) a review of the maintenance schedule for the HVAC system;
(e) the assessment of building use as compared to the use for which it was designed;
(f) the assessment of actual level of occupancy as compared to the level for which the building was designed;
(g) the determination of potential sources of contaminants;
(h) the determination of levels of carbon dioxide, carbon monoxide, temperature, humidity and air motion, where necessary;
(i) the specification, where necessary, of tests to be conducted to determine levels of formaldehyde, particulates, airborne fungi and volatile organic compounds; and
(j) the identification of the standards or guidelines to be used in evaluating test results.

(3) In developing the procedure, the employer or the qualified person appointed by the employer shall take into account the Department of Health publication 93-EHD-166, entitled Indoor Air Quality in Office Buildings: A Technical Guide.

(4) Where the safety or health of an employee in a work place is or may be endangered by the air quality, the employer shall, without delay, appoint a qualified person to carry out an investigation in accordance with the procedure developed pursuant to subsection (1).

(5) The investigation shall be carried out in consultation with the safety and health committee or safety and health representative.

(6) To the extent reasonably practicable, the employer shall, in consultation with the safety and health committee or safety and health representative remove or control any safety or health hazard that is identified in the course of the investigation.

(7) Every employer shall keep the records of every indoor air quality complaint and investigation for at least five years.