Pre-Start Health and Review Requirements for Factories
Regulation - LGIC
Bill or Act:
Occupational Health and Safety Act
Summary of Decision:
The Industrial Establishments regulation (Regulation 851) under the Occupational Health and Safety Act has been amended to streamline and clarify pre-start health and safety review requirements while maintaining existing worker health and safety protections. The changes will come into effect on January 1, 2022.
Section 7 of Regulation 851 requires that a pre-start health and safety review be carried out in factories on certain machinery, protective elements, structures, and processes that can pose a serious hazard to worker health and safety, before they are operated for the first time or before modifications are made.
With the proposed amendments, the equipment, protective elements, structures and processes that would need a pre-start health and safety review would continue to be:
storage and dispensing of flammable liquids;
safeguarding devices such as light curtains, or interlocked barrier guards that prevent worker access to a hazard;
racks and stacking structures;
processes and dust collectors that pose a risk of fire or explosion;
processes that involve molten metals;
cranes and other lifting devices that are suspended from or supported by a structure; and
ventilation systems used to control worker exposure where processes use or produce a hazardous biological or chemical agent.
For ease of use, the Table to section 7 has been modified to include a new column setting out exemptions, which were previously described in the body of section 7. Some of circumstances and exemptions have been modified to clarify their meaning, and there are two new exemptions.
Other Administrative Amendments
Additionally, sections 104, 105, and 106.2, which set out modular training requirements for workers in the logging sector, have been updated to reflect current training program names and numbers.
Analysis of Regulatory Impact:
The Regulatory Impact Assessment (RIA) does not identify any additional costs to businesses as a result of the amendments to the pre-start health and safety review requirements. The clarification and streamlining of the existing requirements are anticipated to result in savings to the affected workplaces that are required to complete pre-start health and safety reviews under Regulation 851. There will be no additional administrative costs created.
Similarly, the amendments to the logging modular training sections are entirely administrative and would not result in additional costs to affected businesses.
January 21, 2021
Summary of Proposal:
The Ministry of Labour, Training and Skills Development (MLTSD) is proposing to amend section 7 of the Industrial Establishments regulation (Regulation 851) under the Occupational Health and Safety Act (OHSA), which requires that a pre-start health and safety review (PSR) be carried out on certain machinery, protective elements, structures and processes in factories before they are put into service for the first time or if modifications are needed.
Between February 3 and April 30, 2020, the ministry held a consultation to get stakeholder feedback about the current pre-start health and safety review requirements and the current PSR guideline. The feedback received indicated that while there is general support for PSRs and their role in proactively protecting worker health and safety, there was strong support for changes that would clarify and streamline the regulatory requirements.
Based on the feedback received during that consultation, the ministry is now proposing amendments to section 7 and the table to that section.
Pre-Start Review Consultation
Health, Safety and Insurance Policy Branch
Ministry of Labour, Training and Skills Development
400 University Avenue, 14th Floor
Toronto ON M7A 1T7
January 1, 2022