Notice of Project Forms – Change and Change Again

As part of the recent amendments to the Regulations for Construction Projects under the Occupational Health and Safety Act (which became effective on June 12, 2000) the Ministry of Labour has revised and simplified the Notice of Project (NOP) form. While this change has simplified the presentation format and the information required it has resulted in some confusion with respect to the notice required for Asbestos projects.

The notification requirement for Type 3 Asbestos Removal remains unchanged but the new Notice of Project form has added the following requirement as item 9:

For trenching, use of cranes to lift workers (sect. 153.1 (11)), dismantling of multi-point suspended scaffolds, window cleaning and type 1 or type 2 asbestos removal operations, telephone the MOL office nearest the project to notify the Ministry and to obtain your Notification Number.

As worded, this section of the new NOP form implies that all Type 1 and 2 projects require telephone notification of the MOL and a notification number. This requirement, if correct, would have resulted in a huge increase in the notification requirement as it would have applied to every minor removal of friable asbestos and every project involving non-friable asbestos such as removal of even a small amount of vinyl tile or drywall with asbestos joint compound.

However discussions with the Ministry of Labour have clarified their requirements for notification of type 1 and 2 work as follows:

"Telephone notification of the MOL for Type 1 and Type 2 asbestos projects is only required when the value of the entire project exceeds $50,000.00 (and hence a NOP is required)."

While this will still increase the overall number of notifications, it is far less than the new wording implied. It is our understanding that the MOL is currently revising the NOP form to clarify the circumstances in which Type 1 and 2 asbestos is notifiable. When this change is made we will update this notice.

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