Proposal

Fire Service Health and Safety Proposal - Asbestos

Regulation Number(s):
Regulation 278/05
Ontario Regulation 479/10
Regulation 833
Instrument Type:
Proposal
Bill or Act:
Occupational Health and Safety Act
Summary of Decision:
The Regulation for Asbestos on Construction Projects and in Buildings and Repair Operations (O. Reg. 278/05) does not apply to firefighters and fire investigators, and their employers, when the workers are engaged in fire suppression, fire investigation and emergency and rescue work under the authority of the Fire Protection and Prevention Act, 1997.

When engaged in the above work, the exempted workers and their employers are subject to the requirements of the Regulation for the Control of Exposure to Biological or Chemical Agents (Reg. 833).

The requirements in O. Reg. 278/05 for owners to manage asbestos in their buildings would continue to apply to municipal fire services and the Office of the Fire Marshal.
Further Information:
Proposal Number:
10-MOL013
Posting Date:
October 12, 2010
Summary of Proposal:
The Regulation for Asbestos on Construction Projects and in Buildings and Repair Operations (O. Reg. 278/05, made under the Occupational Health and Safety Act) prescribes requirements for work involving asbestos-containing material in construction projects, buildings and repair operations. It also includes requirements for the management of asbestos in buildings by owners and occupiers.

The Ministry of Labour proposes to bring forward a recommendation to exempt firefighters and fire investigators (within the meaning of the Fire Protection and Prevention Act), their employers and the work that they perform at a fire or other emergency scene (from the initial response at a fire or other emergency scene through and until the completion of origin and cause investigation) from O. Reg. 278/05.

The Ministry of Labour proposes to protect these workers from exposure to asbestos and other chemical agents by making them subject to the Regulation for the Control of Exposure to Biological or Chemical Agents (Reg. 833), made under the Occupational Health and Safety Act.

Reg. 833 includes requirements for employers to:
• take all measures reasonably necessary in the circumstances to protect workers from a hazardous chemical agent when storing, handling, processing, or using such an agent; and,
• limit the exposure of workers to asbestos to 0.1 fibres per cubic centimetre of air (on a time-weighted average).

The requirements in O. Reg. 278/05 for owners to manage asbestos in their buildings would continue to apply to municipal fire services and the Office of the Fire Marshal.

The Ministry proposes that the amendments come into force in 2011, if approved.
Contact Address:
Fire Service Health and Safety Issues
400 University Ave., 12th floor
Toronto, ON
M7A 1T7
Effective Date:
January 1, 2011
Decision:
Approved