Regulation - LGIC

Consultation on Proposed Amendments to Pre-Start Health and Review Requirements for Factories

Regulation Number(s):
Regulation 851
Instrument Type:
Regulation - LGIC
Bill or Act:
Occupational Health and Safety Act
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.
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, Training and Skills Development 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 ministry is interested in whether this proposal would result in savings or higher costs to business, or whether there would be no change. Based on feedback received last year, businesses indicated that the cost of a PSR depends on the complexity of the equipment, production line, structure or process, and can range from hundreds to thousands of dollars. The ministry is also interested in any information about costs or savings associated with carrying out PSRs, including equipment, training and education, maintenance, record keeping, other operating costs or other administrative costs. The ministry will consider this information as part of the proposal and the associated RIA.
Further Information:
Proposal Number:
21-MLTSD 002
Posting Date:
January 21, 2021
Comments Due Date:
March 11, 2021
Contact Address:
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