Regulation - LGIC

Ministry of Labour Proposes to Strengthen Health and Safety Protections for Construction Workers

Regulation Number(s):
Construction Projects Regulation (O. Reg. 213/91)
Control of Exposure to Biological or Chemical Agents (Regulation 833, R.R.O. 1990)
Confined Space Regulation (O. Reg. 632/05)
Instrument Type:
Regulation - LGIC
Bill or Act:
Occupational Health and Safety Act
Summary of Decision:
The Government of Ontario has amended three regulations under the Occupational Health and Safety Act (OHSA). The amendments are consistent with the changes proposed in the Summary of Proposal document that was posted for a 60-day public consultation from October 28 to December 29, 2014 (please see the 'Summary of Proposal' section below). Key amendments include:

1. Construction Projects Regulation (O. Reg. 213/91)
• New requirements relating to the safe operation of rotary foundation drill rigs ("drill rigs"), including new drill rig operator training requirements;
• Enhancing and clarifying provisions relating to exposure to carbon monoxide, and other fumes and gases, released from internal combustion engines;
• Strengthening fall protection measures; and,
• Correcting errors, omissions and inconsistencies, updating outdated references, and clarifying certain requirements.

2. Control of Exposure to Biological or Chemical Agents Regulation (Regulation 833)
• Extending the application of the regulation to construction projects; and
• Enabling the future use of 'codes of practice' approved by the Minister of Labour.

3. Confined Spaces Regulation (O. Reg. 632/05)
• Consequential amendments were made under this regulation to ensure consistency with changes to Regulation 833.

With respect to the Ministry of Labour's proposal to introduce noise requirements under the Construction Projects Regulation, please refer to Regulatory Registry Proposal Number 14-MOL005 for updates.

For more information on the amendments and the coming into force dates of the provisions, please visit the Source Law section of the e-Laws website.
Further Information:
Proposal Number:
Posting Date:
October 28, 2014
Summary of Proposal:
The Ministry of Labour is proposing to strengthen health and safety protection for Ontario's construction workers under the Occupational Health and Safety Act (OHSA).

The ministry has developed three regulatory consultation proposals for public review. The purpose of the consultation proposals is to describe the ministry's proposed policy direction and invite comments from the public and stakeholders.

The following regulatory proposals are provided for your input:

1. Foundation Drill Rigs

The ministry is proposing to add new requirements to the Construction Projects Regulation (O. Reg. 213/91) to enhance health and safety protection of workers during the operation of rotary foundation drill rigs. The ministry is proposing to introduce new training requirements for drill rig operators, which are based on the learning outcomes and performance objectives set out in the Ministry of Training, Colleges and Universities Foundation Drill Rig Operator Modular Training Standard. The proposal also introduces new safety measures to address key areas of drill rig operation.

2. Occupational Health Protection for Construction Workers

The ministry is proposing three key regulatory changes to improve worker protection from hazardous exposures to: 1) noise; 2) biological and chemical agents; and, 3) carbon monoxide released from internal combustion engines. The proposals reflect regulatory recommendations that were put forward by the construction industry's Provincial Labour Management Health and Safety Committee (PLMHSC). The PLMHSC is an advisory committee to the Minister of Labour that is established under Section 21 of the OHSA to provide advice on health and safety concerns in the construction industry.

3. Miscellaneous amendments to the Construction Projects Regulation

The ministry is proposing to make miscellaneous amendments to the Construction Projects Regulation to correct errors, omissions, and inconsistencies and update outdated references in the Regulation. A few of the proposed amendments are intended to provide clarity for stakeholders and improve enforcement by ministry inspectors.

See links below for more information on the three proposals.

Notice to Consultation Participants:
Personal information collected during this consultation is under the authority of Section 70 of the Occupational Health and Safety Act and is in compliance with Section 38 (2) of the Freedom of Information and Protection of Privacy Act. Please note that your comments, submissions, identity and organizational affiliation will become part of the public record and may be released during or following the consultation process.
Contact Address:
Ministry of Labour
Health and Safety Policy Branch
Construction Health and Safety Regulatory Proposal Project
400 University Ave., 12th floor
Toronto, ON
M7A 1T7
Effective Date:
January 1, 2016