Compliance campaign results: asbestos in building structures
Read the results of a province-wide enforcement campaign that focused on workplaces where asbestos-containing materials are present in the building structure. The campaign took place from April 1, 2023 to March 31, 2024.
Overview
From April 1, 2023 to March 31, 2024, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) conducted a health and safety campaign which focused on workplaces where asbestos-containing materials (ACMs) are present in the building structures.
In the ministry’s continuous effort to help reduce exposure to asbestos in workplaces, this risk-based campaign was designed in consultation with our health and safety partners to:
- promote and increase compliance with Ontario’s Occupational Health and Safety Act (OHSA) and related regulations
- provide compliance assistance and raise workplace parties’ awareness of the hazards of ACMs in building structures at workplaces
- support and align with Prevention Works, Ontario's Occupational Health and Safety 5-Year Strategy
Education and outreach phase
We began by focusing on education, outreach, and awareness, in partnership with the Health and Safety Associations (HSAs), to provide training and education to employers. The goal was to help employers comply with the requirements under the OHSA and its regulations prior to focused inspections.
MLITSD occupational hygienists also referred workplace parties to our health and safety partners for compliance assistance and training as appropriate during the enforcement phase.
Enforcement phase
Beginning July 4, 2023, we conducted focused inspections of workplaces to check that employers were complying with the OHSA and its regulations. In particular, MLITSD occupational hygienists checked that employers were taking appropriate action to assess and deal with the hazard of ACMs, specifically for the protection of workers.
MLITSD occupational hygienists checked for compliance with the OHSA and applicable regulations, specifically Regulation 278/05: Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations.
As a result, MLITSD occupational hygienists:
- conducted 98 field visits with 42 support role activities
- visited 78 workplaces
- issued 31 orders and requirements
“Support role activities” means that a professional services staff (such as a hygienist, ergonomist or engineer) or another inspector accompanies an inspector on a field visit to provide professional support and/or expertise.
Background
Asbestos-containing materials (ACMs) are present in building structures at different workplaces. Owners and employers are not always aware of the presence of asbestos in their workplace, or the measures and procedures required to protect their workers from exposure to asbestos. The long latency period associated with the development of an occupational illness from exposure to asbestos highlights the importance of managing asbestos-containing materials in the workplace to prevent worker exposures.
Together with its health and safety partners, the ministry continues to promote the alignment of prevention, education, and awareness resources to assist workplace parties with identifying, assessing, and controlling hazards related to ACMs.
Full report
Workplace inspection campaigns
Inspection campaigns are part of our compliance strategy. We announce to the sector, in advance, that we will be conducting a campaign. However, individual workplaces are not notified in advance. The results of the campaign are typically posted online within 90 days. MLITSD occupational hygienists and inspectors’ findings may impact the number and level of future inspections of individual workplaces.
MLITSD occupational hygienists and inspectors may also refer employers to health and safety associations for compliance assistance and training.
Focus of the campaign
The inspections ensured that the requirements of the regulation had been met, including ensuring that the following were in place:
- an asbestos management program, including maintaining an asbestos record
- notification of occupants, workers and contractors
- regular inspection of asbestos-containing materials
- asbestos record to be updated every 12 months
- repair and removal of asbestos-containing materials in poor condition
- training of workers on the hazards of asbestos exposure
- measures and procedures for Type 1, Type 2 and Type 3 asbestos operations
MLITSD occupational hygienists took appropriate action if contraventions were found under the OHSA or its regulations. This included the issuance of orders to comply with requirements of the OHSA and regulations made under the OHSA.
Inspection activity summary
Visits to workplaces
- 98 field visits with 42 support role activities
- 78 workplaces visited
- 31 orders and requirements issued under the OHSA and its regulations including:
- 7 requirements and 5 orders issued under the OHSA
- 17 orders issued under Reg. 278/05: Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations
- 2 orders issued under O. Reg. 297/13: Occupational Health and Safety Awareness Training
- an average of 1.25 (98/78) orders and requirements issued per workplace visited
- an average of 0.32 (31/98) orders and requirements issued per field visit
Most frequently issued orders
A total of 12 orders were issued under the OHSA. The most frequently issued OHSA orders involved requirements for the employer to:
- produce a document for an asbestos management program for the protection of a worker [clause 54(1)(c)] - 4 orders or 33.3% of the total orders and requirements issued during the campaign
- conduct testing for the protection of a worker [clause 54(1)(f))] - 3 orders or 0.25% of the total orders and requirements issued during the campaign
A total of 17 orders were issued under the Reg. 278/05. Orders were issued under the following sections (among others):
- for the owner to comply with the asbestos management program [subsection 8 (3)] – 5 orders or 29.4% of total orders issued under the regulation
- for the owner to prepare and keep on the premises an asbestos record [s. 8(3)(a)] – 4 orders or 23.5% of total orders issued under the regulation
- for the owner to clean up, remove and maintain asbestos-containing materials in good condition [subsection 8(10)] – 3 orders or 17.6% of total orders issued under the regulation
Observations
The results of this campaign indicate that workplace parties need to improve compliance with respect to asbestos in building structures. We observed that:
- lack of adherence to the key aspects of the asbestos management program is an issue
- maintaining an asbestos record in the workplace continues to be an issue that can result in serious outcomes when workers are not aware of the presence of ACMs
- workers continue to be exposed to the potential hazard of asbestos in the workplace
Conclusion and next steps
Heightened awareness of any hazard can bring change. All workplaces parties must continue to be diligent and not allow complacency to creep into their daily routines. The risk of exposure to asbestos can be prevented by raising awareness and taking proper precautions.
Ministry inspectors will continue to pay attention to the potential for worker exposure to asbestos to ensure that all workplace parties are aware of and adhere to their duties and rights.
The results of the campaign confirm our need to continue to focus on worker safety in workplaces where there are asbestos-containing materials and to promote occupational health and safety among workers potentially exposed to asbestos.
A key to workplace health and safety in Ontario is the Internal Responsibility System (IRS). Workplace parties are encouraged to work together to identify and control all hazards.
Help for employers
Please contact our health and safety partners, including the IHSA, for more information, resources, and tools.
Contact us through our Health and Safety Contact Centre. We can provide information about compliance with the OHSA, including where to find information that is relevant to your workplace to assist with compliance regarding potential worker exposure to asbestos.