ontario regulation 434/21
made under the
Occupational Health and Safety Act
Made: June 3, 2021
Filed: June 7, 2021
Published on e-Laws: June 7, 2021
Printed in The Ontario Gazette: June 26, 2021
Amending Reg. 851 of R.R.O. 1990
(INDUSTRIAL ESTABLISHMENTS)
1. (1) Subsection 7 (1) of Regulation 851 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:
“applicable provision” means an applicable provision of this Regulation that is listed in the Table; (“disposition applicable”)
(2) Subsections 7 (2) to (15) of the Regulation are revoked and the following substituted:
(2) Subject to subsection (3), an owner, lessee or employer shall ensure that a pre-start health and safety review is conducted if, in a factory, an applicable provision applies and a corresponding circumstance described in the Table will exist,
(a) because a new apparatus, structure or protective element is to be constructed, added or installed or a new process is to be used; or
(b) because an existing apparatus, structure, protective element or process is to be modified and one of the following steps must be taken to obtain compliance with the applicable provision:
(i) New or modified engineering controls are used.
(ii) Other new or modified measures are used.
(iii) A combination of new, existing or modified engineering controls and other new or modified measures is used.
(3) A pre-start health and safety review is not required,
(a) at a logging operation; or
(b) if an exemption set out in the Table applies.
(4) A pre-start health and safety review shall be conducted by,
(a) a professional engineer for item 1, 2, 3, 4, 5, 6 or 7 of the Table; and
(b) a professional engineer or a person who in the opinion of the owner, lessee or employer possesses special, expert or professional knowledge or qualifications appropriate to assess any potential or actual hazards for item 8 of the Table.
(5) A report on the pre-start health and safety review shall,
(a) be made to the owner, lessee or employer in writing;
(b) be signed and dated by the person conducting the review;
(c) have a seal affixed to it in accordance with the requirements under the Professional Engineers Act, if the person conducting the review is a professional engineer; and
(d) include the following information:
(i) details of the measures to be taken for compliance with the applicable provisions,
(ii) if item 3 or 7 of the Table applies, details of the structural adequacy of the apparatus or structure,
(iii) if any testing is to be performed before the apparatus, structure, protective element or process can be operated or used, as the case may be, details of the measures to be taken to protect the health and safety of workers while the testing is carried out, and
(iv) if the person conducting the review is not a professional engineer, the person’s special, expert or professional knowledge or qualifications.
(6) If a pre-start health and safety review is required, the owner, lessee or employer shall ensure that the apparatus, structure, protective element or process is not operated or used, as the case may be, unless the review has been conducted and,
(a) all measures identified in the review as being required for compliance with the applicable provisions have been taken; or
(b) if some or all of the measures specified in clause (a) are not taken, the owner, lessee or employer has provided written notice to the joint health and safety committee or the health and safety representative, if any, of what measures have been taken to comply with the applicable provisions.
(7) If a pre-start health and safety review is required, the owner, lessee or employer shall provide a copy of the written report made under subsection (5) to the joint health and safety committee or the health and safety representative, if any, before the apparatus, structure, protective element or process is operated or used, as the case may be.
(8) The owner, lessee or employer shall keep the following documents readily accessible in the workplace for as long as the apparatus, structure or protective element remains in the workplace or the process is used in the workplace, as the case may be:
1. A copy of a written report made under subsection (5), together with supporting documentation, if any.
2. A copy of the documentation that establishes an exemption set out in the Table.
(9) If an exemption set out in the Table applies, the owner, lessee or employer shall provide a copy of the documentation described in paragraph 2 of subsection (8) to the joint health and safety committee or the health and safety representative, if any, upon request.
(3) The Table to section 7 of the Regulation is revoked and the following substituted:
Table
Item |
Circumstances |
Applicable provisions of this Regulation |
Exemptions |
1. |
Either of the following applies with respect to flammable liquids: |
Subsections 22 (1), (2) and (4) |
All of the following requirements are met: |
2. |
Any of the following are used as protective elements in connection with an apparatus: |
Sections 24, 25, 26, 28, 31 and 32 |
1. The protective element was installed at the time the apparatus was manufactured, and, |
3. |
Material, articles or things are placed or stored on a structure that is a rack or stacking structure. |
Clause 45 (b) |
The rack or stacking structure is designed and tested for use in accordance with current applicable standards. |
4. |
A process involves a risk of ignition or explosion that creates a condition of imminent hazard to a person’s health or safety. |
Section 63 |
The process is conducted inside a spray booth that has been manufactured and installed in accordance with current applicable standards. |
5. |
The use of a dust collector involves a risk of ignition or explosion that creates a condition of imminent hazard to a person’s health or safety. |
Section 65 |
None. |
6. |
A factory produces aluminum or steel or is a foundry that melts material or handles molten material. |
Sections 87.3, 87.4, 87.5 and 88, subsections 90 (1), (2) and (3), and sections 91, 92, 94, 95, 96, 99, 101 and 102 |
None. |
7. |
Any of the following are used: |
Sections 51 and 53 |
1. The supporting structure was originally designed for the travelling crane, overhead crane, monorail crane, gantry crane, jib crane or other lifting device that is being installed or used. |
8. |
A process uses or produces a hazardous biological or chemical agent and uses a ventilation system to limit the exposure of a worker in accordance with any exposure limit set out in Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act. |
Sections 127 and 128 |
A portable device that extracts smoke, fumes or other substances and that does not exhaust to the outdoors is used. |
2. The definition of “registered” in subsection 104 (2) of the Regulation is amended by striking out “Ministry of Training, Colleges and Universities” and substituting “Ministry”.
3. (1) Section 105 of the Regulation is amended by striking out “Ministry of Training, Colleges and Universities” wherever it appears and substituting in each case “Ministry”.
(2) Paragraph 2 of subsection 105 (1) of the Regulation is revoked and the following substituted:
2. For mechanical harvesting equipment operators, Mechanical Harvesting Equipment Operator (Program # P850715) and,
i. Feller Buncher Operator (Program # P750035),
ii. Cut to Length Operator (Program # P750045),
iii. Grapple Skidder Operator (Program # P750055),
iv. Forwarder or Transporter Operator (Program # P750065),
v. Delimber Operator (Program # P750075),
vi. Slasher Operator (Program # P750085), and
vii. Chipper Operator (Program # P750095).
4. Subsection 106.2 (1) of the Regulation is amended by striking out “Mechanical Harvesting Equipment Operator — Common Core (Program # P750025)” and substituting “Supervisor Training Program (Program # P750025)”.
Commencement
5. (1) Subject to subsection (2), this Regulation comes into force on the later of July 1, 2021 and the day it is filed.
(2) Section 1 comes into force on the later of January 1, 2022 and the day this Regulation is filed.