2022 Manitoba Workplace Safety and Health Act and Regulation

Control measures for non-airborne hazards
36.4
If an assessment under section 36.2 determines that non-airborne
exposure to a chemical or biological substance creates or may create a
risk to the safety or health of a worker, an employer must immediately
implement control measures in the workplace to eliminate any risk
resulting from non-airborne exposure to the substance.
OCCUPATIONAL EXPOSURE LIMITS FOR 
AIRBORNE HAZARDOUS SUBSTANCES
Establishing airborne occupational exposure limits
36.5(1) Subject to subsection (2), if an assessment under section 36.2
determines that the presence of an airborne chemical or biological
substance in the workplace creates or may create a risk to the safety
or health of a worker, an employer must
(a) in the case of an airborne substance for which the ACGIH has
established a threshold limit value, establish an occupational
exposure limit for the substance that does not exceed the
threshold limit value established by the ACGIH;
(b) in the case of an airborne designated material, establish an
occupational exposure limit for the material that is as close to
zero as possible and does not exceed the threshold limit value
established by the ACGIH, where one exists; or
(c) in the case of an airborne substance for which the ACGIH has
not established a threshold limit value,

---

Workplace Safety And Health Regulation
317
(i) implement control measures in the workplace sufficient to
eliminate any risk to the safety or health of a worker, or
(ii) ensure that a competent person establishes an occupational
exposure limit for the substance that will ensure that the
safety or health of all workers in the workplace will not be
placed at risk.
36.5(2) When exposure to an airborne chemical or biological substance at
a concentration below the threshold limit value for that substance
established by the ACGIH creates or may create a risk to the safety or
health of a worker in a workplace due to
(a)conditions in the workplace, including,
(i) heat,
(ii) ultraviolet and ionizing radiation,
(iii) humidity,
(iv) pressure,
(v) length of work shift, work-rest regime, or
(vi) additive and synergistic effects of materials and workload;
or
(b) the health or physical condition of a worker in the workplace
known to an employer;
the employer must establish a lower occupational exposure limit
for that substance than the limit established by the ACGIH. The
occupational exposure limit established by the employer must
ensure that the safety or health of workers who are exposed to
the substance in that workplace at levels below that limit will
not be placed at risk.
MONITORING AND CONTROL MEASURES