New Regulation Respecting Asbestos on Construction Projects

In the fall of 2004, the Ministry of Labour (MOL) held a consultation on proposed amendments to the Regulation respecting Asbestos on Construction Projects and in Building and Repair Operations (O. Reg. 838) under the Occupational Health and Safety Act (OHSA). The MOL received approximately 70 submissions from a cross-section of asbestos abatement workers and industry, schools, municipalities, building owners and managers, and members of the public. The submissions highlighted many issues of importance.

The government has made a new regulation (O. Reg. 278/05), which will revoke and replace O. Reg. 838. The new regulation will update safe work measures and procedures and enhance respiratory protection for workers who may encounter asbestos in the course of their work. The new regulation reflects many of the recommendations made in the submissions received.

Key highlights of the new regulation include:

• Introducing a definition for 'asbestos-containing material';
• Updating respiratory protection requirements and reclassifying work procedures;
• Clarifying the duties of an owner to inspect for asbestos and the intent of the asbestos management program;
• Removing the variance approval process and introducing a requirement to provide advance written notice to the joint health and safety committee or representative when equivalent procedures providing at least equal protection to the regulation will be used; and,
• Providing new and updated requirements for:
  • Asbestos bulk sample analysis;
  • Including non-friable asbestos in the asbestos management program;
  • Glove bag requirements and procedures;
  • The use of negative air pressure to prevent the leakage of dust that may contain asbestos from some Type 3 enclosures; and,
  • Clearance air testing requirements.

The regulation will come into effect on November 1, 2005, with the following exceptions:

• New requirements for asbestos workers and supervisors involved in Type 3 operations to successfully complete a training program approved by the Ministry of Training, Colleges and Universities will come into effect on November 1, 2007. The program is being developed in consultation with the industry, labour and the MOL. The current general training provisions will remain for those involved in Type 1 and Type 2 operations.
• Changes to some provisions of the asbestos management program will also come into effect on November 1, 2007, in order to provide owners with time to review and update existing plans to include non-friable asbestos-containing materials.

The new regulation, once in force, will replace the industry respiratory protection advisory that MOL issued on June 1, 2004. In the interim, the ministry will continue to enforce Regulation 838, and to recommend the measures contained in the advisory as a good practice to strengthen worker protection.