Legislation
General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191
Part III INDOOR AIR QUALITY
Section 25 Respiratory protective equipment - when required
25. Where
- (a) the level of concentration of an air contaminant may exceed 50% of the occupational exposure limit in conditions that are part of the normal work procedure,
- (b) there is the possibility of accidental exposure to a level of concentration of an air contaminant in excess of the occupational exposure limit, or
- (c) the oxygen content of the atmosphere is less than or may be less than 19.5% by volume,
an employer shall provide adequate respiratory protective equipment to each employee who may be exposed to the conditions described in paragraphs (a) to (c).
[N.B. Reg. 2022-27, s. 15]
Part VII PROTECTIVE EQUIPMENT
Section 45 Respiratory Protective Equipment
- 45. (1) An employer shall ensure that a code of practice concerning respiratory protective equipment is established for a place of employment at which the use of respiratory protective equipment is required.
- (1.1) The code of practice referred to in subsection (1) shall contain the following information:
- (a) the name of the employee responsible for implementing the code of practice;
- (b) a description of the respiratory protective equipment to be used to protect the health and safety of employees;
- (c) a description of any possible hazards that may affect the health or safety of employees;
- (d) the requirements for the proper selection, care, use, maintenance and fitting of the respiratory protective equipment;
- (e) the training requirements for employees who use respiratory protective equipment;
- (f) the record-keeping requirements; and
- (g) the frequency by which the code of practice is to be reviewed.
- (2) An employer shall comply with CSA standard Z94.4-11 (R2016), Selection, use, and care of respirators or a standard offering equivalent or better protection in developing the code of practice.
- (3) Repealed. [N.B. Reg. 2024-38, s. 26]
- (4) An employer shall consult with the committee or health and safety representative, if any, or with employees if there is no committee or representative, in developing the code of practice.
- (5) An employer shall ensure that a copy of the code of practice is readily available to an officer upon request and to employees in the areas where the respiratory protective equipment may be required to be used.
- (6) An employer shall ensure that the code of practice referred to in subsection (1) is implemented and adhered to at the place of employment.
- (7) An employee shall adhere to a code of practice referred to in subsection (1).
[N.B. Reg. 2001-33, s. 19; 2022-79, s. 11; 2024-38, s. 26]
46. Repealed. [N.B. Reg. 2024-38, ss. 27 - 28]
[N.B. Reg. 2001-33, s. 20; 2024-38, ss. 27 - 28]
Section 47
47. An employee who may be required to use respiratory protective equipment shall, for the purpose of ensuring that the equipment fits effectively, cooperate with any person identified in the code of practice referred to in section 45 and, if a tight fit is essential to the proper functioning of the equipment, be as clean shaven as is necessary to ensure an effective seal to the facial skin of the employee.
[N.B. Reg. 2024-38, s. 29]