COVID-19 Respirators Allowed for On-site Care

Summary#

These final regulations, Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Devices, COVID-19): SOR/2021-140, were registered on June 17, 2021 and published in the Canada Gazette on July 7, 2021. They let certain federal employers use Health Canada‑approved COVID‑19 medical respiratory devices instead of U.S. NIOSH‑certified respirators in limited on‑site medical situations.

What it does#

• Amends parts of four workplace safety rules under the Canada Labour Code so employers have an alternative to NIOSH‑certified respirators in specific cases.
• The four sets of rules changed are:
  • Canada Occupational Health and Safety Regulations
  • Oil and Gas Occupational Safety and Health Regulations
  • On Board Trains Occupational Health and Safety Regulations
  • Maritime Occupational Health and Safety Regulations
• Allows an employer to provide a respiratory device that is a COVID-19 medical device authorized by Health Canada under Interim Order No. 2 when:
  • there is a risk from an airborne hazardous substance in the workplace, and
  • a qualified person decides someone must be present so medical treatment can be given on site under the supervision of a health care practitioner.
• The permission is limited to those medical‑treatment‑on‑site situations. Outside those situations, the usual requirement to provide a NIOSH‑certified respirator still applies.
• The temporary parts of the changes end when Interim Order No. 2 stops having effect.

Who's affected#

• Employers and workers in federally regulated workplaces where medical treatment may be provided on site under a health care practitioner’s supervision. That includes workplaces in sectors such as:
  • federal transportation (airlines, rail, on‑board train staff)
  • maritime and shipping
  • oil and gas operations under federal jurisdiction
  • federal institutions and services (for example, Canada Post and some Crown operations)
• Health and safety officers, safety managers, and procurement staff who buy or approve respiratory protective devices.
• Small federal employers could especially notice this, because it may make it easier to get approved devices during supply shortages.
• If it’s unclear whether a particular workplace is federally regulated, this change may not apply — the regulation only affects places covered by the Canada Labour Code.

Why it matters#

• During the COVID‑19 pandemic, certified NIOSH respirators were hard to get. This rule gives a limited, official alternative so workplaces can meet safety requirements when on‑site medical care is needed.
• The change aims to reduce supply pressure and help employers comply with workplace safety rules without lowering protection for people receiving or giving medical treatment.
• It is a temporary, targeted fix tied to Health Canada’s Interim Order No. 2. When that Interim Order ends, the special permission ends too.