Radon action guide for provinces and territories: Policies for specific locations
On this page
- Government buildings and operations
- New homes
- Owner-occupied homes
- Rented homes
- Work, study and care spaces
Government buildings and operations
The federal government has conducted and reports on Radon Testing in Federal Buildings.
Examples of radon testing of government buildings at the provincial level:
- Nova Scotia. See Environment and Labour Annual Accountability Report for the Fiscal Year 2007-2008 at p. 12
- Prince Edward Island
- Alberta
- British Columbia
CAREX Canada's, 2017 Radon in schools: A summary of testing efforts across Canada documents radon testing across Canada. All public schools have been tested in Nova Scotia, Prince Edward Island, New Brunswick, Saskatchewan, Quebec, and Yukon. Some schools have been tested in British Columbia, Alberta, Ontario, and Northwest Territories.
See Rented homes: Radon testing and mitigation initiatives in social housing.
New homes
Building codes
Building code | If limited area of application | Soil gas barrier only | Radon rough-in with stub only | Passive sub-slab depressurization |
---|---|---|---|---|
National Building Code of Canada, 2015 | - | - | Explained here | - |
Provinces and territories that follow the National Building Code: Saskatchewan, Manitoba, New Brunswick, Nova Scotia, Newfoundland and Labrador, Northwest Territories, Yukon, Nunavut. PEI in major municipalities. | - | - | Explained here | - |
British Columbia Building Code, 2018 | Select municipalities predominantly east of Coast Mountains, see Table C-4 | - | - | s. 9.13.4 |
National Building Code – 2019 Alberta Edition | - | - | Explained here, to be augmented with testing and other design as per 6.2.1.1 and "good engineering practice' | - |
Ontario Building Code, 2017 in Conjunction with Supplementary Standard SB-9, providing three options | Areas of Ontario with known radon problem | s.9.13.4.2.4(a) and Supplementary Standard SB-9, explained here(with Voluntary radon gas testing) | Supplementary Standard SB-9, explained here | 9.13.4.2. 4(b)and Supplementary Standard SB-9, explained here |
Quebec Construction Code | - | Quebec Construction Code A-9.13.2.1.(3)(prior to Sept 2020) | Quebec Construction Code, 9.13.4.6. (as of September 2020), | Quebec Construction Code, 9.13.4.6. (as of September 2020), if test results show need |
A British Columbia study found the radon rough-in stub was generally insufficient.
This led to changes to the BC Code to require an outside venting pipe.
Current best practices in mitigation are outlined in the Canadian General Standard Board's 2019 "Radon control options for new construction in low-rise residential buildings" and should be referenced in building codes. The standard provides detailed technical prescriptions for radon mitigation strategies.
New home warranty
New Home Warranty providers will normally cover failures of builders to follow the Building Code, and this should include radon provisions.
Tarion treats high radon as a major structural defect, as discussed in Tarion's How your new home warranty protects you against the dangers of radon gas. Tarion explicitly warrants construction against levels of radon exceeding 200 Bq/m3 for seven years.
Radon will likely fall within other New Home Warranty systems given that:
- the National Radon Guideline provides a clear standard for health in a home
- high radon is considered to be a latent defect by many real estate councils and associations
- building code provisions on radon are part of a suite of measures relating to ensuring that the building envelope offers suitable protection from water and gas ingress
Owner occupied homes
Real estate transactions
General information
Many Canadian organizations now offer general information to the public on radon and real estate.
- The Canadian Real Estate Association has a A Homeowner's Guide to Radon and a general information page entitled: More Time at Home? Test for Radon
- Health Canada has an information page on Radon in Real Estate
- The Canadian Association of Radon Scientists and Technologists has prepared materials directed at real estate agents including an online webinar recording, and CARST's Guideline for Radon Measurements during Real-Estate Transactions
Real estate licensee duties
Real estate agents are also typically members of professional regulatory organizations. As real estate licensees (or association members) they have professional duties around radon. This includes not only disclosing radon as a known latent defects to buyers, but generally being appraised of, and able to guide clients concerning, environmental conditions in homes. Real estate licensees should also help clients negotiate who will pay for any needed testing and mitigation.
Real estate councils and associations in Canada that have issued directions and materials to licensees that clarify duties, including:
- Real Estate Council of Alberta:
- bulletin
- checklists
- general information on radon
- requirements to study radon as part of re-licensing requirements in 2019
- Real Estate Council of British Columbia:
- Radon Precautions for Real Estate Professionals including checklists
- Real Estate Association of British Columbia:
- New Brunswick Real Estate Association Radon: What you need to know.
- Nova Scotia Real Estate Commission:
- Organisme d'autoréglementation du courtage immobilier du Quebec (OACIQ):
The British Columbia Lung Association conducted its own law and policy research, including recommendations for real estate licensees (substantially matching those of the Real Estate Council of British Columbia) and a summary for policymakers.
Holdback clauses
Health Canada recommends a 3-month (long-term) radon test because radon levels fluctuate over time. Shorter tests may thus not accurately capture average radon levels. A three month waiting period can cause significant problems for real estate transactions and radon testing may not be possible during the subject removal period. A buyer may be uncomfortable moving forward with the purchase without knowing radon levels or wish to conduct the test themselves once they occupy the home. A holdback clause in the Contract for Purchase and Sale can allow a radon test to be completed after the property transfers and for a release of funds from seller to buyer to cover the cost of testing and if necessary, mitigation.
Holdback clauses are provided as a possible solution in guidance for licensees by:
- Real Estate Council of British Columbia
- Real Estate Council of Alberta
- New Brunswick Real Estate Association.
Property disclosure statements
In some Canadian provinces, property disclosure statements include a line for radon.
As well, 37 states in the United States of America have laws requiring homeowners to disclose radon information to potential home buyers, see Environmental Law Institute's Database of Radon Laws.
Property disclosure statements should offer sellers the ability to clearly indicate:
- the date and duration of the test (and whether a long term 3-month test has been conducted)
- whether the homeowner or CNRPP certified professional conducted the test
- the type of equipment or device used
- whether there has been mitigation, and by whom (including space to specify a CNRPP certified professional)
Written radon warnings delivered to buyers
Some US states require that sellers provide buyers with written warnings concerning radon. These can specifically notify the buyer that:
- there is a risk of dangerous levels of indoor radon gas in the home
- radon is a Class-A human carcinogen and is the leading cause of lung cancer in non-smokers
- the seller is required to disclose to the buyer any known elevated radon readings
- public health officials recommend that the buyer test for radon
- elevated radon concentrations can easily be reduced by certified radon mitigators
State | Requirement |
---|---|
Delaware | 6 DE Code § 2572A (2017) |
Illinois | 420 ILCS 46/10 |
Iowa | Iowa Code §§ 193E—14.1(543B) |
Kansas | Kansas Statutes Minn Stat. § 58-3078a |
Minnesota | Minn Stat. 144.496 |
Montana | Mont. Code Ann.§ 75-3-606. |
New Hampshire | NH Rev Stat § 477:4-a (2015) |
Rhode Island | Rhode Island General Laws §§ § 5-20.8-2 |
In Minnesota, the law directs the Health Department to create a publication, Radon In Real Estate Transactions, which sellers must give to buyers. In Iowa, the law directs sellers to give buyers the Iowa Radon Home-Buyers and Sellers Fact Sheet.
Some states require that the buyer signs off on having received the information, including Delaware, Illinois, Iowa, and Montana (see Table 7 for links).
The United States Department of Housing and Urban Development also requires a Radon Gas and Mold Notice and Release Agreement in the sale of its properties. This puts buyers on notice that radon may be an issue.
Testing prior to sale
This is recommended in the United States' EPAs Home Buyers' and Sellers' Guide to Radon.
Subsidies and financing and other aid for homeowners
Distribution of free or subsidized test kits
- LUNGNSPEI provides free radon test kits for low-income Nova Scotia households
- Take Action on radon's 100 Test Kit Challenge distributes 100 free test kits to 10 or more Canadian municipalities a year
- The Donna Schmidt Lung Cancer Prevention Society (charity in the Kootenays Region of British Columbia)
- Ontario health boards have distributed free test kits as part of community testing – see Testing, outreach, engagement and professional certification: Testing, Databases, and Mapping
- State of Pennsylvania and the American Lung Association targeted free distribution for high risk zones
- The Wyoming Department of Health offers free home radon test kits
- The Canadians municipalities of Chelsea, QC and Saint Joseph du Lac, QC sell subsidized test kits
Free air quality inspections
The City of Fort Collins, Colorado has a Healthy Homes program, which offers free indoor air quality testing in resident's homes, including for radon, as well as self-assessment tools.
Tax credits for mitigation
Saskatchewan's renovation tax credit now includes radon mitigation.
On-bill financing loans
Manitoba Hydro's Energy Finance Plan provides an on-bill financing loan for upgrades to gas and electrical systems and includes radon mitigation. Provinces and territories can consider low or zero interest loans be attached to various.
Direct subsidies for mitigation
- The Nova Scotia Radon Reduction Grant Program provides financial support to low-income Nova Scotia households to mitigate their homes (up to $2,500)
- The Habitation Durable program in Quebec offers financial subsidies to home renovations, including radon, and applies in Dixville, Piessisville, Ham-Sud, Dixville, Petite-Rivière-St-François, St-Valérien, Varennes and Victoriaville.
- After participating in Take Action on Radon's 100 Test Kit Challenge, the City of Vaudreuil-Dorion began selling radon detectors for just $5, including analysis and shipping. It will reimburse 50 per cent of the cost of installing a radon mitigation system to a maximum of $500 per residence.
Rented homes
Existing landlord-tenant law in Canada
All Canadian provinces and territories have landlord tenant (or residential tenancy) legislation that provides rental accommodation should be habitable and in good repair and comply with the law, and right to remedies for tenants.
Administrative decision makers have ruled that these provisions are violated by radon levels over Health Canada Guidelines.
- Ontario Landlord Tenant Board:
- Quebec Régie de Logement:
Current property manager duties
As real estate licensees, rental property managers must disclose known latent defects to prospective and current tenants, including radon levels over 200 Bq/m3. Guidance is provided in:
- Radon Checklist for Rental Property Managers (Real Estate Council of British Columbia)
- Radon Checklist –Property Managers (Residential) (Real Estate Council of Alberta)
Potential reforms to residential tenancies law and regulations
Make explicit in law that radon is a contaminant or hazard
Tenants will be better protected and landlords more likely to act when there is a clear statement in law concerning the need to test and mitigate when the long-term average radon reading is at 200 Bq/m3 or over.
The United Kingdom's Home (Fitness for Human Habitation) Act, 2018 gives renters the right to go to court to obtain an order for landlords to make repairs. The associated Guide for Tenants make clear that elevated radon negatively affects accommodation (and so render it unfit for human habitation). Radon has long been considered a hazard in rental housing in the UK, under the Housing Act, 2004, and associated Housing Health and Safety Rating System.
In Canada, provinces and territories have diverse systems for ensuring standards in rental housing, but in most cases standards—including for radon—could be specified by regulation rather than legislative chance.
- Ontario's Residential Tenancies Act, s. 224(1) provides for maintenance standards in a local municipality if there is no municipal property standards by law that applies. Ontario Regulation 517/06, Maintenance Standards details requirements such as homes being damp-proof, free of fungus and rot, having toilets, sinks and showers and indoor heating to 20 degrees Celsius.
- Newfoundland's Occupancy and Maintenance Regulations, CNLR 1021/96, spell out conditions for human habitation for select municipalities.
- Some provinces and territories provide minimum standards for rental accommodation in regulations that accompany residential tenancy laws. These typically include issues such as access to running water, and sufficient heating. Radon testing and mitigation could be added. Examples include:
- In some cases the regulations merely specify that the landlord must provide and maintain the residential property in a reasonable state of decoration and repair.
- Residential Tenancy Regulation, BC Reg 477/2003 (British Columbia)
- Residential Tenancies Regulations, 2007, RRS c R-22.0001 Reg 1 (Saskatchewan)
These regulations could be expanded to provide details of what reasonable repair consist in, including ensuring radon levels are below 200 Bq/m3.
- In some provinces rental housing standards are provided in regulations under Public Health Acts.
- Rental Accommodation Regulations, PEI Reg EC142/70 (Prince Edward Island)
- Health Hazards Regulation, BC Reg 216/2011 (British Columbia)
- Housing Regulation 173/1999, in conjunction with the Minimum Housing and Health Standards (Alberta)
- Dwellings and Buildings Regulation 322/88 R (Manitoba)
When these regulations are updated to include radon testing and mitigation, effort should be made to ensure landlords and tenants know they spell out minimum standards in law for the condition of repair of rental accommodation.
Specify that landlords need to test for radon and disclose results to tenants
Current law on material latent defects implies that landlords should inform tenants of known high radon levels. However, explicit direction in law can do more to ensure that landlords test and inform tenants. In turn, tenants will be informed as to the radon levels in their home. Landlords should be directed to follow Health Canada's Guide for Radon Measurements in Residential Dwellings (Homes). Radon levels can change over time, and it should be emphasized that testing should be repeatedly periodically, such as every ten years.
U.S. states with rules on testing and disclosure rules for radon and rental accommodation include:
- Illinois 420 ILCS 46/10, Radon Awareness Act
- Maine 14 M.R.S.A. Section 6030-D
Direct landlords to provide a written notice to tenants concerning radon risks
This can be prepared by public health agencies and describes the risks of radon as well as renters' rights. Ideally, standard form rental agreements will include formal recognition by the tenant that they have received this information (such as through initials). Examples include:
- Illinois 420 ILCS 46/10, Radon Awareness Act
- Maine 14 M.R.S.A. Section 6030-D
Direct landlords to use certified mitigation professionals
It is a good idea to require landlords to use independent, certified testing and mitigation professionals. If radon testers and mitigators are certified, they can also be directed to report test results and mitigation activity to the state. Absent such a law, a rental housing policy should require such reporting by landlords. This will also assist provinces in tracking compliance with the law and in furthering radon policy in general through improving databases and maps. Policies for specific locations: Owner occupied homes Table 7 lists U.S. states with mandatory certification requirements for mitigators and with requirements that mitigators release data to state agencies.
Ensure access to justice for renters
Renters can face many obstacles to redress against landlords. As part of ensuring renters have protections against high radon, provinces and territories can also assess whether the landlord-tenant system works to ensure access to justice. Key issues include: proper funding to the residential tenancy departments to hold investigations, support for housing advocates and tenants organizations, reliable and consistent enforcement, ensuring the availability of hearings for all types of people, independence and training of arbitrators, access to databases of written decisions, and remote access (such as through teleconferencing or computers) to tribunals for persons in rural and remote areas. Examples of analysis of access to justice issues for renters includes:
- Analysis by the National Collaborating Centre for Determinants of Health (Ontario)
- Work by the Community Legal Assistance Society and the City of Vancouver's Renters' Advisory Committee (British Columbia)
Public health acts
Public Health Acts generally provide that public health officials can obtain consent from occupants of private residences to enter premises, and then inspect, request information and documents and conduct tests on the premises. If an inspection reveals a health hazard or a contravention of the law, public health officials can issue orders, including having the building vacated, requiring work to be done, or removing health hazards.
Public Health Acts and policies could be updated to help reduce radon risks for renters in the following ways.
Clear statements that elevated radon is a health hazard or otherwise violates housing standards for public health reasons
As noted above, in some provinces rental housing standards are provided in regulations under Public Health Acts.
- Rental Accommodation Regulations, PEI Reg EC142/70 (Prince Edward Island)
- Health Hazards Regulation, BC Reg 216/2011 (British Columbia)
- Housing Regulation 173/1999, in conjunction with the Minimum Housing and Health Standards (Alberta)
- Dwellings and Buildings Regulation 322/88 R (Manitoba)
These regulations can be updated to clarify that Canada's Radon Guideline of 200 Bq/m3 is an important component of housing and maintenance standards. Alternatively, if housing standards (including those pertaining to radon) are provided elsewhere, such as in Residential Tenancies legislation, it should be made clear that public health officials can investigate and issue orders concerning housing standards.
Clear language can be provided to the effect that violations of housing standards are health hazards.
- Prince Edward Island's Rental Accommodation Regulations, PEI Reg EC142/70 clearly states:
- 15. A contravention or failure to meet the requirements of these regulations may constitute a health hazard.
Language that requires property owners to carry out repairs and make units safe
- Alberta's Housing Regulation 173/1999 provides:
- 3(1) Subject to subsection (3) and section 4, an owner shall ensure that (a) the housing premises are (i) structurally sound, (ii) in a safe condition, (iii) in good repair, and (iv) maintained in a waterproof, windproof and weatherproof condition;
- Prince Edward Island's Rental Accommodation Regulations, PEI Reg EC142/70 provides:
- 9 The owner of any dwelling shall, when necessary (a) carry out repairs or alterations weatherproof, damp-proof, vermin-proof, safe and sanitary in every respect;
- Manitoba's Dwellings and Buildings Regulation, Man Reg 322/88 states:
- 15(2) No owner of a dwelling shall let it or a dwelling unit therein to any person unless…
- (d) the foundation is weather tight, rodent proof, and in good repair;…
- (j) the walls and ceilings are free from major cracks and crevices that, in the opinion of a medical officer or inspector, may create a condition detrimental to the health of the occupant;
Mandate to respond to renters' complaints, inspect residential tenancies, and make orders against landlords
Manitoba' Health Protection Unit's Safe Housing Program responds to concerns from tenants and the general public. Public Health Inspectors inspect rental houses, apartments, hotels, and other types of accommodations to determine whether these places are satisfactory and free from health hazards. Inspectors enforce and apply the regulations to ensure that housing units provide safe and healthy living environments.
It is suggested that as part of this mandate there be specific budget and staff allocated to address radon in rental accommodation, and radon specific training for public health officials (such as through C-NRPP).
Working with municipalities to help renters
Many municipalities have standards of maintenance bylaws that specify some minimum environmental conditions within rented homes. Provinces can provide specific wording in municipal law allowing local governments to make standards of maintenance bylaws. For examples see:
- Local Government Act, RSBC 2015, c 1298(1)(n)) (British Columbia)
- Municipal Act, CCSM c M225232(1)(c) and 233(a) (Manitoba)
- Building Code Act, S.O. 1992, c.23, 15.1 (Ontario_
- Act respecting land use planning and development, CQLR c A-19.1 145.41 (Quebec)
- Local Government Act, SNB 2017, c. 1810(1)(e) (New Brunswick
- Municipal Government Act, RSPEI 1988, c M-12.1 180(i) (Prince Edward Island)
In some cases there is a process for approval of standards of maintenance bylaws.
- New Brunswick's Local Governance Act, SNB 2017, c 18 17(b)
Provinces can provide specific language directing municipalities to receive complaints, make investigations and issue orders against landlords.
- Residential Tenancies Act, 2006, SO 2006, c. 17224 to 225 (Ontario)
- Act respecting land use planning and development, CQLR c A-19.1 145.41 (Quebec)
- Residential Properties Maintenance and Occupancy Code Approval Regulation, NB Reg 84-86, s. 3 (New Brunswick)
- Occupancy and Maintenance Regulations, CNLR 1021/96,. 41 (Newfoundland and Labrador)
Municipalities can be encouraged to have standard of maintenance bylaws that protect renters, including from radon.
Provinces and territories can encourage municipalities to enact and enforce standards of maintenance bylaws that include radon, and if necessary, take steps to ensure that municipalities have the power to enact and enforce such standards.
In some cases, provinces already provide explicit guidance to municipalities that include indoor conditions. British Columbia has a guidance document on Standards of Maintenance Bylaws and a Sample Standards of Maintenance Bylaw. In New Brunswick, the Residential Properties Maintenance and Occupancy Code Approval Regulation, NB Reg 84-86 specifies contents for standards of maintenance bylaws.
Any model standards or explicit direction to municipalities on standard of maintenance bylaws can be updated to include radon.
Radon testing and mitigation initiatives in social housing
Test social housing as part of recognizing renter protection
- Quebec Housing Corporation (SQH) initiated a pilot project in Gaspésie in 2014, with a follow up on all social housing being tested and mitigated
- The Aboriginal Housing Society of Prince George participated in a radon testing program in 2014. Of 137 social housing units tested, 36 were above Guidelines and then mitigated.
- In 2015 Manitoba Housing and Renewal Corporation committed to testing and mitigation.
- Manitoba Housing's Design Guidelines for Multi-Unit Affordable and Social Housing (November, 2017) include provisions for radon control
- In 2019 Yukon Housing Corporation reported all units being tested for radon and mitigation to be completed by 2020
- In, Kingston Ontario, the local health authority (KFL&A Public Health), as part of broader radon testing initiatives, approached the City of Kingston and housing providers concerning testing social housing units. KFL&A Public Health organized the testing of the units (hired term staff to place and pick up the detectors) and the City offered to pay the cost of radon mitigation. KFL&A staff used a sampling strategy, focusing on ground floor and basement units. They sampled 1135 units leading to 923 detectors being analyzed (212 detectors were lost to follow-up). Of the 923 detectors analyzed, 27 were above HC's limit of 200 Bq/m3. Currently, 18 of 27 have been mitigated (author's correspondence with Sarah Ryding, Environmental Health Team Manager, KFL&A Public Health, also see Radon Testing Initiative in Kingston Social Housing)
Ensure performance guides for health and safety standards for social housing discuss radon
Canadian examples where radon is mentioned include:
- BC Housing Design Guidelines and Construction Standards (2019)
- Manitoba Housing's Design Guidelines for Multi-Unit Affordable and Social Housing (November, 2017)
Ideally these will mandate radon prevention measures in new construction and radon testing after energy retrofits
Tie financing of social housing to testing and mitigation
In the United States, the Department of Housing and Urban Development (HUD) requires radon testing as a condition for multifamily social housing developments receiving federal funds. This has also been adopted by Minnesota Housing
Work, study and care spaces
Workplaces
Many countries have general workplace laws that also cover schools and daycares such as Norway's Radiation Act and Guide and the United Kingdom's Ionising Radiation Regulations 2017 (IRR17), explained on the UK government Health and Safety Executive website for radon in the workplace.
There are a number of routes that occupational health and safety law and regulation can take to cover radon.
Federal guidance
Federal legislation can provide some guidance for provinces and territories in setting limits to radon and doses of ionizing radiation.
- The Nuclear Safety and Control Act, SC 1997, c 9 sets out allowable effective doses of radiation for workers in the nuclear fuel chain. The Radiation Protection Regulations, SOR/2000-203, specifies that this should include radiation doses from radon.
- The Canadian Guidelines for the Management of Naturally Occurring Radioactive Materials (NORM) (or "NORM Guidelines") seeks to ensure workers outside the nuclear fuel chain have similar protections to those within the nuclear fuel chain. It provides 200 Bq/m3 as the action level in workplaces, with the goal of mitigation to achieve levels as low as reasonably achievable below 200 Bq/m3.
- The Canada Occupational Health and Safety Regulations, SOR/86-304, at s. 10.26(4) applies to workers under federal jurisdiction. It says that no worker other than a nuclear energy worker should be exposed to a yearly average of over 800 Bq/m3. This provision is outdated and in the process of being updated.
Direct regulation of radon exposure
Provinces and territories can directly specify allowable average radon levels in indoor workspaces.
- Occupational Health Regulations, YOIC 1986D/164 43 to 46 (Yukon)
- Underground Mine Regulation, NB Reg 96-105, s. 62 (New Brunswick)
- Mines and Mining Plants, RRO 1990, Reg 854, 288 to 293 (Ontario)
- Mine Health and Safety Regulations, NWT Reg 125-95 at ss. 9.76 to 9.96, (see also Mine Health and Safety Regulations, NWT Reg (Nu) 125-95 at ss. 9.76 to 9.96)
Provinces and territories should consider updating radon specific workplace legislation to conform to the NORM Guidelines and to cover all workplaces.
Workplace restrictions on exposure to ionizing radiation
Some provinces directly regulate exposure to ionizing radiation in the workplace.
- Occupational Health and Safety Regulation, BC Reg 296/97 7.19 (British Columbia)
- Regulation respecting occupational health and safety, CQLR c S-2.1, r 13 144 (Quebec)
- Occupational Health and Safety Code 2009 Order, Alta Reg 87/2009, s. 291 (Alberta)
Governments and/or Workers Compensation Boards should be careful to provide guidance on allowable limits to exposure and how workers exposure to elevated radon concentrations in air translates into radiation dose. Workers who are not governed by the Nuclear Safety and Control Act should still receive similar protections from radiation. Here guidance can be found in the NORM Guidelines and the International Commission on Radiological Protection's Summary of Recommendations on Radon.
General duty clauses
All provinces and territories occupational health and safety regulation contains catch all clauses to the effect that employers should ensure workers are healthy and safe, and that workplaces and workplace practices are designed to prevent or reduce the risk of occupational injury.
All provinces and territories can consider following the lead of Ontario's Ministry of Labour, Training and Skills Development. It has issued policy guidance on radon which states that the general duty clause is to be interpreted as applying the NORM Guidelines to all workplaces.
Identify workplaces prone to elevated radon
The European Union's BSS Directive Annex XVIII, s. 3 directs member states to identify workplaces that need to be measured. While all workplaces should be tested, it can also be helpful to identify workplaces that are particularly susceptible to high radon.
List radon induced lung cancer as an occupational disease
Worker's compensation legislation throughout Canada features lists of workplace diseases that are covered, and in some cases, radon induced lung cancer is explicitly listed. This makes it easier for workers to receive compensation, as it may mean the burden of proving the cause of the illness is reduced.
Provinces which list diseases caused by ionizing radiation:
- Workplace Health, Safety and Compensation Act, RSNL 1990, c W-11, 90(2);Workplace Health, Safety and Compensation Regulations, CNLR 1025/96s.23(25) (Newfoundland and Labrador)
- Workers' Compensation Act, SNS 1994-95, c 10 15(1) (Nova Scotia)
- Workers' Compensation Act, RSA 2000, c W-1524(6); The Workers' Compensation Regulation, Alta Reg 325/2002s. 20(1), and Schedule B (Alberta)
Provinces which list radon and lung cancer:
By explicitly listing radon, provinces can both aid workers and send a message to employers to take radon seriously. Provision should be made for the chronic nature of the risk that radon poses—compensation systems should recognize that there is often a long-term gap between exposure and onset of disease.
Schools
- CAREX Canada has a comprehensive report, Radon is Schools: A Summary of Testing Efforts Across Canada
- Norway not only requires radon testing and mitigation in schools but uses a stronger 100 Bq/m3 action level than for homes (at 200 Bq/m3): Norway Forskrift 16. desember 2016 nr. 1659 om strålevern og bruk av stråling, Section 6 and explanatory notes to Section 6
U.S. states with mandatory school testing:
State | Regulation |
---|---|
Colorado | 6 Colo. Code Regs. 1010-6:8.1(E2) |
Connecticut | Conn. Gen. Stat. Ann. § 19a-37b. Conn. Gen. Stat. Ann. § 10-220 (d). Conn. Gen. Stat. Ann. § 10-291(b)(1) |
Florida | Fla. Stat. Ann. § 404.056 (4) |
Illinois | ll. Ann. Stat. Ch. 105 § 10-20.48 |
New Jersey | N.J. Stat. Ann. § 18A:20-40 |
Rhode Island | R.I. Gen. Laws §§ 23-61-4; 216 R.I. Admin. Code 50-15-2.3.1 A(13) and 50-15-2.5 |
Tennessee | Tenn. Code Ann. § 49-2-121 |
Virginia | VA. Code Ann. § 22.1-138 |
West Virginia | W. VA. Code §18-9E-3 (d) |
Daycares
Mandatory childcare testing
- Alberta's Radon Awareness and Testing Act, SA 2017, c R-2.5 (not yet in force) states:
- 3(1) Prior to a licence being issued or renewed for a child care program under Part 1 of the Early Learning and Child Care Act, the statutory director under that Act shall require an applicant to provide the statutory director with the results of a radon test completed within one year immediately preceding the submission of the application within the premises where the child care program will be provided.
- (2) If the results of the radon test completed under subsection (1) exceed the acceptable radon level prescribed by the regulations, the statutory director shall require the applicant to provide a plan to reduce the radon level in accordance with the prescribed standards.
- British Columbia's Interior Health Authority (servicing the Southeast of the province, including major cities such as Kelowna) ordered childcare facilities to test for radon in 2017. It relied on the Community Care and Assisted Living Act, S.B.C. 2002, c. 7511(3) which empowers medical health officers to attach terms and conditions to a license and to revoke licenses if there is a risk to persons in the care of such facilities.
- Testing in childcare facilities has been mandated in some U.S. states.
State | Regulation |
---|---|
Connecticut | Conn. Gen. Stat. Ann. § 19a-79-7a (17) |
Colorado | 6 Colo. Code Regs. 1010-7:7.14.2 |
Florida | Fla. Stat. Ann. § 404.056 (4) |
Illinois | Ill. Ann. Stat. Ch. 225 § 10/5.8 |
Iowa | Iowa Admin. Code 441-109.11 (7) |
Maryland | Md. Regs. 14.31.06.07(4) |
Michigan | Mich. Admin. Code r. 400.1934 |
New Jersey, | N.J. Stat. Ann. § 30:5B-5.2 |
New York | 18 N.Y. Code Rules & Regs. 416.2(a)(13), and 418-1.2(a)(6) plus New York State Office and Children Family Services radon guidance |
Rhode Island | 216I. Admin. Code 50-15-2.3.1 A(13) and 50-15-2.5 |
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