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New Regulatory RequirementsEffective November 1st 2007Under O. Reg. 278/05

By Evelyn StefovBy Evelyn Stefov

Regulation Respecting Regulation Respecting Asbestos on Construction Projects and in Asbestos on Construction Projects and in Buildings and Repair Operations Reg. Buildings and Repair Operations Reg. 278/05278/05

O. Reg. 278/05 Effective November 1, O. Reg. 278/05 Effective November 1, 20052005

Regulation 278/05 came into effective Regulation 278/05 came into effective November 1, 2005November 1, 2005

Contains significant changes and updates Contains significant changes and updates to the old Regulationto the old Regulation

Brings new requirements for negative air Brings new requirements for negative air and clearance monitoringand clearance monitoring

Adds 2 new requirements with delayed Adds 2 new requirements with delayed implementation November 1, 2007implementation November 1, 2007

According to WSIB data there are more According to WSIB data there are more deaths in construction from occupational deaths in construction from occupational disease than from traumatic injury.disease than from traumatic injury.

545 total construction fatalities were 545 total construction fatalities were recorded from 1996-2006:recorded from 1996-2006:

311 due to Occupational Disease311 due to Occupational Disease 234 from Traumatic Fatality 234 from Traumatic Fatality

Source CSAO Source CSAO 20042004 Annual Report ( Check stats Annual Report ( Check stats against annual report year)against annual report year)

Ontario Construction Fatalities from Ontario Construction Fatalities from Occupational Illness & Disease and Traumatic Occupational Illness & Disease and Traumatic InjuriesInjuries

Construction Occupational Disease Construction Occupational Disease & Illness Statistics in Ontario& Illness Statistics in Ontario

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

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

Cause of DeathCause of Death Total 10 years Total 10 years

Pleural mesotheliomaPleural mesothelioma 154154

Peritoneal mesotheliomaPeritoneal mesothelioma 55

Lung CancerLung Cancer 7878

AsbestosAsbestos 1010

Pulmonary FibrosisPulmonary Fibrosis 88

All other diseasesAll other diseases 5656

TotalTotal 311311

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

Occupational DiseaseOccupational Disease Total 10 yearsTotal 10 years

Plumber, Pipe Fitter, and Plumber, Pipe Fitter, and RelatedRelated

8080

InsulatorInsulator 4343

ElectricianElectrician 3535

LabourerLabourer 3434

Other Metal WorkerOther Metal Worker 1919

OtherOther 8989

TotalTotal 300300Source CSAO Network News September 2007*Excluding 100% permanent disability pension claims

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

Orders Issued under O. Reg. 278/05Orders Issued under O. Reg. 278/05

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

Total Number of Orders under 278/05 all Total Number of Orders under 278/05 all sections: sections: 1103 1103

Orders under Section 7 (Nov. 1/05 – Nov. Orders under Section 7 (Nov. 1/05 – Nov. 1/07)1/07) 265265

Orders under Section 8 (Nov. 1/07 – Feb. Orders under Section 8 (Nov. 1/07 – Feb. 29/0829/08 9191

Orders under Section 20 (Nov. 1/07 – Mar. Orders under Section 20 (Nov. 1/07 – Mar. 31/08)31/08) 33

New Regulation Requirement New Regulation Requirement under Section 8, O. Reg. 278/05under Section 8, O. Reg. 278/05

Section 8 replaces Section 7Section 8 replaces Section 7 Came into effect November 1, 2007Came into effect November 1, 2007 Requires building owners to identify in Requires building owners to identify in

addition to friable, all the non-friable addition to friable, all the non-friable Asbestos Containing Materials ACM used in a Asbestos Containing Materials ACM used in a buildingbuilding

The owner may treat the unknown material The owner may treat the unknown material as ACMas ACM

Requires the owner to inform occupiers of Requires the owner to inform occupiers of the building and employers with whom the the building and employers with whom the owner arranges or contracts work with ACM owner arranges or contracts work with ACM

Common Types of ACM in BuildingsCommon Types of ACM in Buildings

Sprayed on fireproofingSprayed on fireproofing Thermal insulationThermal insulation Acoustical and decorative plaster Acoustical and decorative plaster Drywall joint compoundsDrywall joint compounds Cement asbestos (Transite)Cement asbestos (Transite) Acoustical ceiling tilesAcoustical ceiling tiles Vinyl and asphalt floor tilesVinyl and asphalt floor tiles

Program Enforcement Program Enforcement Jurisdiction Reg. 278/05Jurisdiction Reg. 278/05

Construction inspectors enforce primarily Construction inspectors enforce primarily the regulatory requirements on Type 3 the regulatory requirements on Type 3 operations and Projects (NOP's required)operations and Projects (NOP's required)

Industrial Inspectors enforce requirements Industrial Inspectors enforce requirements for surveys and Asbestos Management for surveys and Asbestos Management Programs in Buildings and Repair Programs in Buildings and Repair OperationsOperations

Mining Inspectors enforce regulatory Mining Inspectors enforce regulatory requirement in Mines and Mining requirement in Mines and Mining RefineriesRefineries

As per P & PAs per P & P

Enforcement Activity Asbestos Enforcement Activity Asbestos Management Programs Under Sections 7 Management Programs Under Sections 7 & 8 of O. Reg.278/05& 8 of O. Reg.278/05

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

Total Number of Orders under 278/05 all sections: Total Number of Orders under 278/05 all sections:

1079 1079 Orders under Section 7 (Nov. 1/05 – Nov. 1/07)Orders under Section 7 (Nov. 1/05 – Nov. 1/07)

265265 Orders under Section 8 (Nov. 1/07 – Feb. 29/08Orders under Section 8 (Nov. 1/07 – Feb. 29/08

7878

Orders Issued under O. Reg. 278/05Orders Issued under O. Reg. 278/05

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

Total Number of Orders under 278/05 all sections: Total Number of Orders under 278/05 all sections: 1103 1103

Orders under Section 7 (Nov. 1/05 – Nov. 1/07)Orders under Section 7 (Nov. 1/05 – Nov. 1/07)265265

Orders under Section 8 (Nov. 1/07 – Feb. 29/08Orders under Section 8 (Nov. 1/07 – Feb. 29/089191

Orders under Section 20 (Nov. 1/07 – Mar. 31/08)Orders under Section 20 (Nov. 1/07 – Mar. 31/08)33

Asbestos Abatement Certification Asbestos Abatement Certification Section 20, O. Reg. 278/05 Section 20, O. Reg. 278/05 Requirements Requirements

Applies to all Asbestos Abatement Workers and Applies to all Asbestos Abatement Workers and Supervisors performing Type 3 Operations, Supervisors performing Type 3 Operations, Section 12(4)Section 12(4)

Including construction trades performing type Including construction trades performing type 3 work3 work

Workers and Supervisors must be certified as Workers and Supervisors must be certified as Asbestos Abatement Training Program Asbestos Abatement Training Program approved by MTCU AAW 253W and AAS 253Sapproved by MTCU AAW 253W and AAS 253S

Must hold a Certificate issued by MTCUMust hold a Certificate issued by MTCU

Asbestos Abatement Worker Asbestos Abatement Worker

Training Program MTCU 253WTraining Program MTCU 253W

Type 3 Workers must complete the Type 3 Workers must complete the Asbestos Abatement Training Program Asbestos Abatement Training Program approved by MTCU 253Wapproved by MTCU 253W

Complete the in-school training Complete the in-school training component (16.5hrs)component (16.5hrs)

Must challenge and pass the MTCU Test Must challenge and pass the MTCU Test and and

Hold an MTCU Completion Certificate Hold an MTCU Completion Certificate (C&C) in Program AAW 253W(C&C) in Program AAW 253W

Asbestos Abatement Supervisor Asbestos Abatement Supervisor Training Program MTCU 253STraining Program MTCU 253S

Hold a Completion Certificate from Hold a Completion Certificate from MTCU in the Asbestos Abatement MTCU in the Asbestos Abatement Worker Worker AAW 253W (16.5hrs)AAW 253W (16.5hrs)

Complete Basic Supervision Course of Complete Basic Supervision Course of minimum 16 hrs as a prerequisite, minimum 16 hrs as a prerequisite, CSAO or otherCSAO or other

Complete the MTCU Asbestos Complete the MTCU Asbestos Abatement Supervisor Course (5.5 hrs)Abatement Supervisor Course (5.5 hrs)

Hold a Certificate issued by MTCU Hold a Certificate issued by MTCU AAS 253SAAS 253S

Transitional Provision & EquivalencyTransitional Provision & Equivalency

Transitional Provision (TP) and Transitional Provision (TP) and Equivalency Recognition (ER) allows Equivalency Recognition (ER) allows experienced workers and supervisors experienced workers and supervisors to challenge the Test without taking to challenge the Test without taking the Course AAW 253W and AAS 253Sthe Course AAW 253W and AAS 253S

The TP and ER allows one attempt at The TP and ER allows one attempt at the Test the Test

If they fail the test the must take the If they fail the test the must take the MTCU approved in-school training and MTCU approved in-school training and then challenge the Testthen challenge the Test

Transitional Provision & EquivalencyTransitional Provision & Equivalency

The TP is available to experienced The TP is available to experienced Ontario Workers and Supervisors until Ontario Workers and Supervisors until November 1November 1stst 2008 2008

For ER there is no expiry dateFor ER there is no expiry date Experienced Workers must satisfy Experienced Workers must satisfy

certain criteria including proof of certain criteria including proof of performance of a minimum of 1000 performance of a minimum of 1000 hours of Type 3 workhours of Type 3 work

Work performed prior to November 1Work performed prior to November 1stst 20072007

Certification ProcessCertification Process

The Employer or joint local union must The Employer or joint local union must apply to MTCU for signing authority (SA)apply to MTCU for signing authority (SA)

Time allowed 2-4 weeksTime allowed 2-4 weeks Upon approval the SA must register the Upon approval the SA must register the

workers and supervisors with MTCU to the workers and supervisors with MTCU to the 253W and 253S Asbestos Abatement 253W and 253S Asbestos Abatement Courses andCourses and

Submit the required paper work Submit the required paper work Registration and completion of the Course Registration and completion of the Course

and successful completion of the MTCUand successful completion of the MTCU

Current Status of CertificationCurrent Status of Certification

Fiscal Year 2007-08 (as of Jan. 28, 2008)

Trade Signing Authority

Registered Certified Active

253S 253S Asbestos Asbestos Abatement Abatement SupervisorSupervisor

123123 157157 117117 3333

235W 235W Asbestos Asbestos Abatement Abatement WorkerWorker

136136 12311231 703703 524524

TOTAL 259 1388 820 557

Testing and RetestingTesting and Retesting

Tests are administered across the Province by Tests are administered across the Province by Community Colleges approved by MTCUCommunity Colleges approved by MTCU

After two unsuccessful attempts the worker or After two unsuccessful attempts the worker or supervisor must take the in-school training supervisor must take the in-school training component of the program again and re-attempt component of the program again and re-attempt the testthe test

Workers under TP or EP who fail the test must Workers under TP or EP who fail the test must take the in-school training after failing the first take the in-school training after failing the first time.time.

Readers, translators and interpreters are allowed Readers, translators and interpreters are allowed The Colleges must be informed ahead of time to The Colleges must be informed ahead of time to

obtain information on the accommodation policyobtain information on the accommodation policy

Enforcement and Compliance under Enforcement and Compliance under Section 20, O. Reg. 278/05Section 20, O. Reg. 278/05

Every Worker and Supervisor Every Worker and Supervisor performing a type 3 operation must performing a type 3 operation must complete the AAW Training Program complete the AAW Training Program 253W or 253S253W or 253S

A Completion Certificate issued by A Completion Certificate issued by MTCU showing that worker or MTCU showing that worker or supervisor has successfully supervisor has successfully completed the program is conclusive completed the program is conclusive proof for the purpose of Section 20proof for the purpose of Section 20

MTCU C of CMTCU C of C

QuestionsQuestions

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