Regulation - LGIC

Industrial Establishments Regulation Amendment Proposal

Regulation Number(s):
Reg. 851
Instrument Type:
Regulation - LGIC
Bill or Act:
Occupational Health and Safety Act
Summary of Decision:
Amendments to various provisions of Regulation 851 (Industrial Establishments) have been approved that will help modernize workplace health and safety requirements. They will increase flexibility by:

•Allowing the use of alternative procedures if worker health and safety is at least as well protected
•Allowing workers to wear personal flotation devices instead of lifejackets when appropriate
•Allowing the use of antidotes, flushing fluids or washes instead of eyewash fountains or emergency showers, where appropriate, to prevent permanent injury to the eyes or skin

The amendments come into effect on July 1, 2019
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.

The major purpose of these amendments is to increase the flexibility for employers in deciding how to comply with the regulatory requirements in the Industrial Establishments regulation. There would be no requirement to purchase new equipment or treatments, but the flexibility to do so could reduce costs in some cases.

It is anticipated that there will be some minor one-time administrative costs to industrial establishments for learning about the regulatory changes. The estimated cost per stakeholder is approximately $4.25.
Further Information:
Proposal Number:
Posting Date:
February 6, 2018
Summary of Proposal:
The Ministry of Labour (the ministry) is proposing various amendments to Regulation 851 (Industrial Establishments) under the Occupational Health and Safety Act (OHSA). Regulation 851 applies to a variety of different workplaces in Ontario, including offices and office buildings, factories, arenas, shops, restaurants and logging operations. The regulation sets out sector-specific requirements that protect the health and safety of Ontarians who work in these workplaces.

The ministry has prepared a consultation paper for public review and comment which highlights the proposed amendments to Regulation 851, which are intended to:

• Update existing requirements regarding guardrails, fall protection, protection against drowning, signallers, eyewash fountains and deluge showers to reflect current workplace practices, processes and technologies;
• Add new requirements for risk assessments and traffic management programs that are similar to recent amendments to Regulation 854 (Mines and Mining Plants);
• Add new requirements for scaffolds and suspended access equipment, similar to existing requirements currently set out in O. Reg. 213/91 (Construction Projects);
• Add new, specific requirements for storage racks and for high visibility safety apparel for signallers to improve worker health and safety and to improve clarity and transparency regarding compliance expectations; and
• Make additional amendments for clarification and to increase alignment between OHSA regulations.

See attachments below for more information on this proposal.
Contact Address:
Ministry of Labour
Health and Safety Policy Branch
12th Floor - 400 University Ave
Toronto, ON M7A 1T7
Effective Date:
July 1, 2019