Pre-Start Health and Safety Reviews in Factories
Regulation 851, Industrial Establishments
Bill or Act:
Occupational Health and Safety Act
Summary of Proposal:
Section 7 of the Industrial Establishments regulation (Regulation 851) under the Occupational Health and Safety Act (OHSA) requires that a pre-start health and safety review be carried out on certain machinery, protective elements, structures and processes before they are put into service for the first time or if modifications are needed (see subsection 7(2)). The section applies only to factories (as defined in the OHSA) and not other types of workplaces that are also defined as industrial establishments (offices, arenas, etc.).
The Ministry of Labour, Training and Skills Development (MLTSD) is reviewing the current pre-start health and safety review requirements, also known as pre-start review (PSR) requirements, to ensure that they continue to reflect the realities of today's workplaces. While maintaining existing worker health and safety protections, the review will consider whether:
1) there are opportunities to streamline the existing requirements or reduce
burden on business,
2) the equipment and processes that trigger a PSR are appropriate, and
3) there are ways to make the requirements clearer and easier to understand.
If there are additional issues or concerns about current PSR requirements in Regulation 851 that are not addressed in this paper, please take this opportunity to share those thoughts as well.
Analysis of Regulatory Impact:
All ministries are subject to requirements set out in the Reducing Regulatory
Cost for Business Act, 2017 (RRCBA), which came into force January 1, 2018.
As part of its obligations under the RRCBA, the Ministry of Labour is conducting a Regulatory Impact Analysis (RIA) of these proposed amendments. A RIA is a
process of identifying and assessing the incremental benefits and costs of
regulations and non-regulatory alternatives. We would be particularly interested in receiving information about costs associated with: capital and equipment; training and education; maintenance of new or previously owned equipment; labour; record keeping and reporting; other operating costs; and, other administrative costs. The ministry will consider the information provided as we develop the proposal and the associated RIA.
February 3, 2020
Comments Due Date:
March 27, 2020
Pre-Start Review Project
Health and Safety Policy Branch
Ministry of Labour, Training and Skills Development
400 University Avenue, 14th Floor
Toronto ON M7A 1T7