Ontario has a New Asbestos Regulation

Hazardous Materials (Asbestos, Lead, Radon)
PEN #24

Ontario Regulation 278/05 Designated Substance - Asbestos on Construction Projects and in Buildings and Repair Operations was made June 8, 2005, filed June 10, 2005 and printed in the Ontario Gazette June 25, 2005.

Asbestos CircleThis regulation came largely into effect November 1, 2005 although several sections will not be effective until November 1, 2007. This regulation will replace Ontario Regulation 838/90 which as been in place unchanged since 1985.

The Ministry of Labour has been working on the new regulations for more than 3 years with significant consultation with the asbestos abatement industry including consultants, contractors and labour.

The Ministry published a draft amended regulation in October 2004 and received many (more than 80) written submissions. Many of these have been considered and the published regulation is a marked improvement over the draft version.

The attached pdf newsletter outlines the major changes with Pinchin’s own assessment of the change.

Readers are recommended to access the new Regulations at the government web page and to follow the regulation along with the comments given on the attached PDF newsletter as the full wording will not necessarily be repeated on the pdfs.

Pinchin's comments have been provided to get the information out as quickly as possible to our clients and friends. We will be approaching the Ministry to obtain some clarification and Pinchin encourages all affected parties to read the new regulation carefully. Pinchin cannot guarantee that we have picked up the implications of every single change on this review or that our current interpretation will be confirmed by the Ministry. If you find any other sections which need explanation, please contact us with your questions.

Where changes in the regulation are minor or administrative in nature, no comment will be made on the change.

Removal of Drywall Joint Compound now Type 2 WorkRemoval of Drywall Joint Compound now Type 2 WorkPinchin will be undertaking some actions to assist our clients to comply with this regulation. We are currently approaching the Ministry to clarify some sections of the regulation as noted above and we will ensure that all our clients are aware of any useful information we obtain.

Since June 2005, we have been providing 3 day courses on Asbestos Control in Buildings and Industry, taught in compliance with the new regulation.

We also provided Free Breakfast Sessions when this newsletter was posted, to inform our clients of the changes to the regulation.

We will ensure that all the surveys and specifications we are currently working on which have an impact after November 1, 2005 are estimated and prepared to meet the new regulation (unfortunately for our clients this will mean an increase in the cost of both our services and the contract costs in general).

We will be contacting some of the major affected organizations such as BOMA and CME to ensure their members are aware of the changes.

Training Courses for Type 3 Asbestos Workers and Supervisors

  • Worker Refresher * no longer provided
    (for workers with > 1,000 hours Type 3 experience by Nov 1, 2007)
  • Worker - 2 Day
    (for workers with < 1,000 hours Type 3 experience by Nov 1, 2007)
  • Supervisor - 1 Day