Regulation - LGIC

Proposed Changes Affecting the Protection of Workers from Exposures to Hazardous Biological or Chemical Agents

Regulation Number(s):
833
490/09
854
Bill or Act:
Occupational Health and Safety Act
Summary of Decision:
Effective July 1, 2020, Regulation 833 is amended by O. Reg. 449/19 to reflect the adoption of new or revised occupational exposure limits (OELs) or listings for 36 chemical substances based on recommendations by the American Conference of Governmental Industrial Hygienists (ACGIH). An overview of these changes is given below:

-addition of listings for 7 substances in regulation: boron trichloride, calcium silicate (naturally occurring as wollastonite), hard metals (containing cobalt and tungsten carbide), simazine, acetamide, cadusafos, and folpet
-revisions to exposure limits or listings for 19 substances currently regulated: boron tribromide, boron trifluoride, n-butyl acetate, sec-butyl acetate, tert-butyl acetate, isobutyl acetate, cyanogen, propoxur, triorthocresyl phosphate, warfarin, captafol, β-chloroprene, ethylene glycol, furfural, furfuryl alcohol, hexylene glycol, phthalic anhydride, stearates, and tungsten
-removal of listing and OEL for 1 substance: calcium silicate (synthetic nonfibrous)
-addition or removal of notations for 9 substances: acetylene, butane (all isomers), 2,4-D, ethane, hydrogen, liquefied petroleum gas, methyl acetylene, methyl acetylene-propadiene mixture, and propane

In addition to the changes noted above, effective January 1, 2020, the ministry has updated the frequency of medical surveillance for asbestos-exposed workers subject to O. Reg. 278/05, in order to harmonize these requirements with provisions that apply to asbestos-exposed workers subject to O. Reg. 490/09.
Analysis of Regulatory Impact:
All ministries are subject to the 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) on these proposals which includes identifying and assessing the benefits and costs. To assist in this review, the ministry is seeking your comments and feedback pertaining to costs of implementing these proposed amendments. This information will be considered as the Ministry finalizes its proposal and RIA.
Further Information:
Proposal Number:
18-MOL007
Posting Date:
March 20, 2018
Summary of Proposal:
The Ministry of Labour is consulting on a number of proposals affecting the protection of workers from exposures to hazardous substances.

These proposals include:

1. Proposed changes to the occupational exposure limits (OELs) or listings for 38 substances based on the changes recommended by the American Conference of Governmental Industrial Hygienists for the years 2016 and 2017.
Proposed changes based on the 2016 ACGIH recommendations include the following:
• Addition of listings for 4 substances in regulation: Boron trichloride, Calcium silicate, naturally occurring as Wollastonite, Hard metals, containing Cobalt and Tungsten carbide, and Simazine.
• Revisions to exposure limits or listings for 11 substances currently regulated: Boron tribromide, Boron trifluoride, Butyl acetates (all isomers) (Note: Separate listings for three isomers combined into single listing), Cyanogen, Propoxur, Toluene diisocyanate, Triorthocresyl phosphate, and Warfarin.
• Removal of listing and OELs for one substance: Calcium silicate (synthetic nonfibrous)
Proposed changes based on the 2017 ACGIH recommendations include the following:
• Addition of listings for 3 substances to regulation: Acetamide, Cadusafos, and Folpet,
• Revisions to exposure limits and/or listings for 10 substances currently regulated: Captafol, β-Chloroprene, Ethylene glycol, Formaldehyde, Furfural, Furfuryl alcohol, Hexylene glycol, Phthalic anhydride, Stearates and Tungsten.
• Addition/removal of notations for 9 substances: Acetylene, Butane (all isomers), 2,4-D, Ethane, Hydrogen, L.P.G. (Liquefied petroleum gas), Methyl acetylene, Methyl acetylene-propadiene mixture, and Propane.

2. Providing for the use of Quebec's Institut de recherche Robert Sauvé en santé et en sécurité du travail (IRSST) model for calculating exposures to hazardous biological or chemical agents for irregular work shifts.

3. The addition of a new listing and OEL for diesel particulate matter in the Ontario Table (Table 1) in Regulation 833.

4. Including a reference to "substitution" in the hierarchy of controls in Regulation 833.

See attachments below for more information on this proposal.

Contact Address:
2018 Hazardous Substance Review Project
Ontario Ministry of Labour
12th Floor, 400 University Avenue
Toronto, ON M7A 1T7
Effective Date:
July 1, 2020
Decision:
Approved