Manitoba Workplace Safety and Health Regulation 217/2006

Newsletter ID: PEN #30a, 2006.
Services: Occupational Health & Safety

(Highlighting Sections Included at Pinchin Awareness Sessions)

On February 1, 2007, the New Manitoba Workplace Safety and Health Regulation 217/2006 comes into force. This regulation amalgamates several previous regulations and provides new regulatory requirements for employers.The regulation has 44 parts to it.

Pinchin has reviewed the regulation and is providing information on a select number of the Parts through a series of Complimentary Breakfasts.

The following is a summary of the Parts that Pinchin will be providing sessions for:

Parts 1 to 4: Definitions, General Duties, Workplace Safety & Health Committees & General Workplace Requirements

To briefly summarize, an employer must:

1. Develop safe work procedures & train workers in the procedures. The employer is also responsible to ensure that workers comply with the safe work procedures developed.
2. Regulations also apply to self employed persons.
3. Conduct regular workplace inspections (includes workplace as a whole as well as processes and procedures).
4. Report and investigate serious incidents (new definition of serious incident).
5. Establish a Safety & Health Committee as outlined in W210 the Workplace Safety and Health Act.
6. Provide adequate ventilation to the workplace.
7. Ensure washroom and hand washing facilities are available.
8. Ensure adequate thermal and lighting conditions

Part 12: Hearing Conservation & Noise

To briefly summarize, an employer must:

1. Design a workplace operation to ensure continuous noise exposure is less than 85 dBA
2. Initiate a noise exposure assessment if a worker is likely to be exposed to over 80 dBA.
3. Where exposure to noise is between 80 dBA and 85 dBA, the employer is to advise the worker of hazards of noise and provide protection if requested.
4. Where exposure to noise is over 85 dBA, the employer is to take measures to reduce worker exposure to below 85 dBA and/or provide hearing protectors and conduct audiometric tests.

Part 15: Confined Space

To briefly summarize, an employer must:

1. Identify & assess risks that a worker may be exposed to. Note that the definition of a confined space has been revised.
2. Develop safe work procedures for confined space entry, (including but not limited to: recognizing risks, procedures for isolating, PPE and an emergency response plan).
3. Develop and review an entry permit system.
4. Prepare the requirements for entry.

Part 33: Demolition (Hazardous Materials Aspects Only)

To briefly summarize, an employer must:

1. Ensure that hazardous substances and tanks, wells, piping systems, flammable or explosive materials or gas cylinders are removed from the building or part of the building being demolished prior to demolition work.
2. Ensure that the requirements outlined in Part 36 – Chemical and Biological Substances, are implemented to protect workers during the removal or demolition. Such requirements would include the actions noted in Part 36.
3. In the event that tanks, wells, piping systems, flammable or explosive materials or gas cylinders cannot be removed, they must be made safe.
4. Prior to demolition, a competent person must inspect the site to determine that hazardous materials, tanks, wells, piping systems, flammable or explosive materials or gas cylinders have been removed from the site.

Part 35: Workplace Hazardous Materials Information System (WHMIS)

To briefly summarize, an employer must:

1. Train workers working with or near controlled products on supplier labels, MSDS, and procedures for the storage and use of these materials, as well as for fugitive emissions and emergency procedures.
2. Ensure that controlled products are labelled.
3. Special requirements for controlled products in laboratories.
4. Maintain MSDS current and accessible to workers.
5. Prepare an MSDS (or equivalent), for hazardous wastes produced.

Note that by regulation, an inventory is not required. However, to comply with the remainder of a regulation, (especially Part 36), an inventory is strongly advised.

Part 36: Chemical & Biological Substances

To briefly summarize, an employer must:

1. Assess chemical and biological substances to determine the risk to workers.
2. Develop safe work procedures for the use, production, storage, handling and disposal of substances.
3. Implement control measures for non-airborne hazards.
4. Establish an occupational exposure limit (OEL) for airborne hazards.
5. Monitor worker exposure to ensure workers are not exposed to a substance above the established OEL.
6. Implement control measures to reduce worker over-exposure.
7. Conduct follow-up monitoring when control measures, production or location of operations are changed.
8. Allow personal protective equipment as a method of reducing workers exposure only when other control measures are not practicable.

One significant change to the regulation is the adoption of the most recent American Conference of Governmental Industrial Hygienists Threshold Limit Values (TLV) as an OEL. In the event that no TLV is available, a competent person must assign an OEL.

Part 37: Asbestos

To briefly summarize, an employer must:

1. Prepare an inventory of the location and condition of asbestos-containing materials in the workplace.
2. Conduct annual re-assessments of the inventory.
3. Implement signage identifying the locations of asbestos-containing materials in the workplace.
4. Develop an asbestos control plan.
5. Train workers who will work with or near asbestos-containing materials.
6. Implement control measures during abatement to ensure that workers are not exposed to asbestos.
7. Ensure measures are taken in advance of any renovation or demolition to prevent worker exposure to asbestos.
8. Notify the Director of the Workplace Safety & Health Division at least 5 days prior to beginning work that will disturb asbestos.
9. Prohibit the application of friable asbestos in the workplace, asbestos to be sprayed, crocidolite asbestos being brought into the workplace, the use of compressed air for clean-up and dry sweeping of asbestos-containing materials
10. Any other requirements identified in the regulation including, but not limited to:
    1. Notify the Director of the Workplace Safety & Health Division in the event of a spill
       (Parts 1 & 2).
    2. Monitoring in the workplace (Part 36);
    3. Implementation of control measures (Part 36);

This entire regulation is new. The “Asbestos Operations and Maintenance Guideline” and “Guidelines for Working with Asbestos” will remain.

Please note that the above items are a brief summary of the requirements of the regulation. There are several other requirements of the new regulation that will be addressed at each of our sessions.

Presenters:

Mr. Peter Griffin, B.Sc., MBA, CIH, CRSP – Senior Occupational Hygienist

Mr. Griffin has over thirty one years experience in the field of occupational safety and health. He also has 21 years experience with Manitoba Labour – Workplace Safety and Health Division. Peter is the former Manager of Occupational Hygiene at that office. Peter’s vast practical and regulatory insights will greatly assist employers to interpret their responsibilities under the new regulations.

Mr. Edwin Wooster – Manager Hazardous Materials Group

Mr. Wooster has been providing health and safety and environmental services with Pinchin Environmental Ltd. for 18 years. His technical experience includes hazardous materials assessments for numerous industrial, commercial and institutional clients, design and preparation of hazardous materials specifications, and inspection and air monitoring of asbestos abatement projects.

Manitoba Workplace Safety and Health Regulation 217/2006

For a Summary Table listing the Parts of the new regulation with Pinchin Environmental's comments with regards to whether the part is new or part of an existing regulation, please read our Newsletter PEN 30: "Manitoba has a new Safety and Health Regulation!".

To obtain a full copy of the Workplace Health and Safety Act please visit http://web2.gov.mb.ca/laws/statutes/ccsm/w210e.php.

Complimentary Breakfast Schedule (8:30 - 10:30 am)

See individual Breakfasts for current dates.

Registration:

These Complimentary Breakfasts are held at the Pinchin Environmental Winnipeg Office, 54 Terracon Place, from 8:30 a.m. to 10:30 a.m.

Seating is limited so please register early by selecting the breakfast  above that you wish and registering for it via that page.

Revised 2008

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