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OHAO PDC Spring Symposium Hugh Nelson Award of Excellence, Annual General Meeting & Networking Social. New Regulatory Requirements Effective November 1 st 2007 Under O. Reg. 278/05 By Evelyn Stefov.

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ohao pdc spring symposium hugh nelson award of excellence annual general meeting networking social

OHAO PDC Spring SymposiumHugh Nelson Award of Excellence,Annual General Meeting & Networking Social

New Regulatory Requirements

Effective November 1st 2007

Under O. Reg. 278/05

By Evelyn Stefov

slide2
Regulation Respecting Asbestos on Construction Projects and in Buildings and Repair Operations Reg. 278/05

O. Reg. 278/05 Effective November 1, 2005

  • Regulation 278/05 came into effective November 1, 2005
  • Contains significant changes and updates to the old Regulation
  • Brings new requirements for negative air and clearance monitoring
  • Adds 2 new requirements with delayed implementation November 1, 2007
slide3
Ontario Construction Fatalities from Occupational Illness & Disease and Traumatic Injuries
  • According to WSIB data there are more deaths in construction from occupational disease than from traumatic injury.
  • 545 total construction fatalities were recorded from 1996-2006:
      • 311 due to Occupational Disease
      • 234 from Traumatic Fatality

Source CSAO 2004 Annual Report ( Check stats against annual report year)

construction occupational disease illness statistics in ontario
Construction Occupational Disease & Illness Statistics in Ontario

Table 1: January 1, 1997 to December 31, 2006*

Source CSAO 2006 Annual Report Excluding 100% permanent disability pension claims

slide5
Construction Occupational Disease & Illness Statistics in Ontario (cont’d)

Table 1: January 1, 1997 to December 31, 2006*

Source CSAO Network News September 2007

*Excluding 100% permanent disability pension claims

orders issued under o reg 278 05
Orders Issued under O. Reg. 278/05
  • Orders Issued since November 1, 2005 until March 31st , 2008
  • Total Number of Orders under 278/05 all sections: 1103
  • Orders under Section 7 (Nov. 1/05 – Nov. 1/07) 265
  • Orders under Section 8 (Nov. 1/07 – Feb. 29/08 91
  • Orders under Section 20 (Nov. 1/07 – Mar. 31/08) 3
new regulation requirement under section 8 o reg 278 05
New Regulation Requirement under Section 8, O. Reg. 278/05
  • Section 8 replaces Section 7
  • Came into effect November 1, 2007
  • Requires building owners to identify in addition to friable, all the non-friable Asbestos Containing Materials ACM used in a building
  • The owner may treat the unknown material as ACM
  • Requires the owner to inform occupiers of the building and employers with whom the owner arranges or contracts work with ACM
common types of acm in buildings
Common Types of ACM in Buildings
  • Sprayed on fireproofing
  • Thermal insulation
  • Acoustical and decorative plaster
  • Drywall joint compounds
  • Cement asbestos (Transite)
  • Acoustical ceiling tiles
  • Vinyl and asphalt floor tiles
program enforcement jurisdiction reg 278 05
Program Enforcement Jurisdiction Reg. 278/05
  • Construction inspectors enforce primarily the regulatory requirements on Type 3 operations and Projects (NOP's required)
  • Industrial Inspectors enforce requirements for surveys and Asbestos Management Programs in Buildings and Repair Operations
  • Mining Inspectors enforce regulatory requirement in Mines and Mining Refineries
  • As per P & P
enforcement activity asbestos management programs under sections 7 8 of o reg 278 05
Enforcement Activity Asbestos Management Programs Under Sections 7 & 8 of O. Reg.278/05

Orders Issued since November 1, 2005 until February 29, 2008

  • Total Number of Orders under 278/05 all sections: 1079
  • Orders under Section 7 (Nov. 1/05 – Nov. 1/07) 265
  • Orders under Section 8 (Nov. 1/07 – Feb. 29/08 78
orders issued under o reg 278 051
Orders Issued under O. Reg. 278/05

Orders Issued since November 1, 2005 until March 31st , 2008

  • Total Number of Orders under 278/05 all sections: 1103
  • Orders under Section 7 (Nov. 1/05 – Nov. 1/07) 265
  • Orders under Section 8 (Nov. 1/07 – Feb. 29/08 91
  • Orders under Section 20 (Nov. 1/07 – Mar. 31/08) 3
asbestos abatement certification section 20 o reg 278 05 requirements
Asbestos Abatement Certification Section 20, O. Reg. 278/05 Requirements
  • Applies to all Asbestos Abatement Workers and Supervisors performing Type 3 Operations, Section 12(4)
  • Including construction trades performing type 3 work
  • Workers and Supervisors must be certified as Asbestos Abatement Training Program approved by MTCU AAW 253W and AAS 253S
  • Must hold a Certificate issued by MTCU
asbestos abatement worker training program mtcu 253w
Asbestos Abatement Worker Training Program MTCU 253W
  • Type 3 Workers must complete the Asbestos Abatement Training Program approved by MTCU 253W
  • Complete the in-school training component (16.5hrs)
  • Must challenge and pass the MTCU Test and
  • Hold an MTCU Completion Certificate (C&C) in Program AAW 253W
asbestos abatement supervisor training program mtcu 253s
Asbestos Abatement Supervisor Training Program MTCU 253S
  • Hold a Completion Certificate from MTCU in the Asbestos Abatement Worker AAW 253W (16.5hrs)
  • Complete Basic Supervision Course of minimum 16 hrs as a prerequisite, CSAO or other
  • Complete the MTCU Asbestos Abatement Supervisor Course (5.5 hrs)
  • Hold a Certificate issued by MTCU AAS 253S
transitional provision equivalency
Transitional Provision & Equivalency
  • Transitional Provision (TP) and Equivalency Recognition (ER) allows experienced workers and supervisors to challenge the Test without taking the Course AAW 253W and AAS 253S
  • The TP and ER allows one attempt at the Test
  • If they fail the test the must take the MTCU approved in-school training and then challenge the Test
transitional provision equivalency1
Transitional Provision & Equivalency
  • The TP is available to experienced Ontario Workers and Supervisors until November 1st 2008
  • For ER there is no expiry date
  • Experienced Workers must satisfy certain criteria including proof of performance of a minimum of 1000 hours of Type 3 work
  • Work performed prior to November 1st 2007
certification process
Certification Process
  • The Employer or joint local union must apply to MTCU for signing authority (SA)
  • Time allowed 2-4 weeks
  • Upon approval the SA must register the workers and supervisors with MTCU to the 253W and 253S Asbestos Abatement Courses and
  • Submit the required paper work
  • Registration and completion of the Course and successful completion of the MTCU
testing and retesting
Testing and Retesting
  • Tests are administered across the Province by Community Colleges approved by MTCU
  • After two unsuccessful attempts the worker or supervisor must take the in-school training component of the program again and re-attempt the test
  • Workers under TP or EP who fail the test must take the in-school training after failing the first time.
  • Readers, translators and interpreters are allowed
  • The Colleges must be informed ahead of time to obtain information on the accommodation policy
enforcement and compliance under section 20 o reg 278 05
Enforcement and Compliance under Section 20, O. Reg. 278/05
  • Every Worker and Supervisor performing a type 3 operation must complete the AAW Training Program 253W or 253S
  • A Completion Certificate issued by MTCU showing that worker or supervisor has successfully completed the program is conclusive proof for the purpose of Section 20
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