Ministry of Labour

Designated Substances Regulation (O. Reg. 490/09) – Overview

Thomas Lee, M. Eng. CIH, ROHProvincial HygienistOccupational Health and Safety BranchMinistry of Labour

Occupational Hygiene Association of Ontario PDC March 23, 2012

Ministry of Labour2

Notes

The material in this presentation is being provided as information only. It is not intended to replace the Occupational Health and Safety Act (OHSA) or the regulations and reference should always be made to the official version of the legislation and regulations.

This presentation does not constitute legal advice. It is the responsibility of the workplace parties to ensure compliance with the legislation and to seek independent legal advice where questions remain.

Ministry of Labour3

Outline

Background

Designated Substances Regulation (O. Reg. 490/09) – Key Features

Designated Substances Regulation (O. Reg. 490/09) – Overview

Regulation 833 (Control of Exposure to Biological & Chemical Agents)

Resources

Questions

Ministry of Labour4

Background (1)• The Occupational Health & Safety Act (OHS Act)

• Provides for the making of regulations • prescribing any biological, chemical or physical agent or combination

thereof as a designated substance• For prohibiting, regulating, restricting, limiting or controlling the handling

of, exposure to, or the use and disposal of any designated substance

• In the 1980s, 12 Designated Substance Regulations (DSRs) were developed for 11 designated substances• The 11 designated substances are: Lead, Benzene, Mercury, Silica,

Asbestos, Coke Oven Emissions, Acrylonitrile, Isocyanates, Vinyl Chloride, Arsenic, Ethylene Oxide

• Two DSRs were developed for Asbestos – one addressing asbestos exposures through the mining of asbestos and manufacturing/assembly of asbestos products and the other addressing exposures on construction projects, buildings and repair operations.

Ministry of Labour5

Background (2)

O. Reg 278/05 (Construction projects, buildings and repair operations) – Rationale

• WSIB Data - more deaths in construction from occupational disease (asbestos) than from traumatic injury

• The adoption of a ‘procedural approach’ in O. Reg. 278/05 was supported by construction labour and employer groups when the initial asbestos designated substance regulation was proposed.

• Regulation sets out prescriptive requirements relating to:– safe work measures and procedures to be implemented for

operations classified according to hazard;– Training of workers and supervisors in high hazard operations such

as asbestos abatement.

Ministry of Labour6

Background (3)

• In 2009, the 11 of the 12 stand-alone Designated Substances Regulations were revoked and consolidated into one Designated Substances Regulation (O. Reg. 490/09).

• O. Reg. 278/05 Asbestos on Construction Projects and in Buildings and Repair Operations was not consolidated due to its unique nature.

Ministry of Labour7

Designated Substances Regulation (O. Reg. 490/09) – Key Features (1)

• Came into force on July 1, 2010

• Continues the designation of all 11 chemical substances

• Consolidates all common requirements in the previous 11 stand-alone designated substance regulations

• No substantive changes in worker protections, role of JHSC or employer duties

• New definitions for exposure, TWA, STEL and C

• Revised exemption for construction work. Consistent approach taken for both O. Reg. 490/09-Designated Substances and Regulation 833 (Control of Exposure to Biological and Chemical Agents)

Ministry of Labour8

Designated Substances Regulation (O. Reg. 490/09) – Key Features (2)

• OELs for designated substances set out in Table format. Listings identical to those in Regulation 833 (also revised in 2009)

• Streamlined language for parallel requirements in the revised Regulation 833.

• Maintains existing Codes for respiratory protection, measuring and medical surveillance.

• Overall, compared to the previous stand-alone DSRs, there is no change in the general approach in achieving compliance with O. Reg. 490/09

Ministry of Labour9

O. Reg. 490/09 – Overview (1)• New definitions for “Exposure” and occupational exposure limits

(OELs): “TWA”, “STEL” and “Ceiling” (S. 1)

• Prescribes 11 chemical agents as designated substances and specifies the forms and types of the 11 designated substances covered in the O. Reg. 490/09 (S. 1 and 2), e.g. the types of asbestos

• The Regulation applies to all designated substances

Language varies slightly depending on the designated substance

• The Regulation does not apply at a construction project (S. 14)

Ministry of Labour10

O. Reg. 490/09 – Overview (2)• Substances and limits are set out in Table format. (Table 1 )

• There are no changes to the limits for designated substances.

• One additional isocyanate (Methylene bis (4- cyclohexylisocyanate)) was added to the DSR.

• No substantive change to employer duties (section 16) • Must limit workers airborne exposure to benzene, coke oven

emissions, lead and mercury to limits set in Table I

• ALARA principle applies for other designated substances in addition to requirement that exposure does not exceed the limits set out in Table 1

Ministry of Labour11

O. Reg. 490/09 – Overview (3)• Duty with respect to isocyanates other than those listed in

Table 1( S. 17) to

• (a) adopt and implement engineering controls, work practices and hygiene practices as are reasonable and practical; and

• (b) provide PPE to workers likely to inhale or come into contact with isocyanates.

• Note: 2010 OEL consultation proposes – addition of limit for methyl isocyanate in Table 1

Ministry of Labour12

Designated Substance Exposure Limits – Table 1

Ministry of Labour13

Designated Substance Exposure Limits- Table 1

Ministry of Labour14

O. Reg. 490/09 – Overview (4)• Circumstances allowing the use of respiratory equipment and

minimum requirements (S. 18)

• Emergency, engineering controls do not exist or are not available, not reasonable or practical for the length of time or frequency of exposure or the nature of the process, operation or work, or during a temporary breakdown of equipment

• At the request of the worker exposed to any level of designated substance

• Appropriate in the circumstances for the form and concentration of airborne designated substance

• Meets or exceeds the requirements set out in the applicable code for respiratory equipment

• Used in accordance with the applicable code for respiratory equipment

• Shall provide training and instruction to the worker in the care and use of the equipment.

Ministry of Labour15

O. Reg. 490/09 – Overview (5)Assessment and Control Program (S. 19 – 26)• An assessment is required:

• where O. Reg. 490/09 applies

• wherever there is a “change” (note: defined term) in a workplace resulting in a difference in the exposure ( S. 22)

• Consolidation led to minor changes in control program requirements

• Requirement for a training program for supervisors and workers on the health effects of the designated substance and the measures and procedures required under the control program was expanded to all designated substances

Ministry of Labour16

O. Reg. 490/09 - Overview (6)

• Changes Requiring Further Assessment i.e. Re-Assessment (Section 22)• Added ‘processed’ to the list of changes to methods and procedures that

would trigger the requirement for a re-assessment• Specifies that further assessment is of the ‘exposure or likelihood of

exposure of a worker to a designated substance’

• Criteria to determine if Control Program is necessary• If designated substance present/likelihood of exposure - assessment needs

to be done• Control program to be established where assessment discloses worker is

likely to be exposed to a designated substance and health of a worker may be affected by that exposure. ( S. 20)

• Requirements of control programs (S.20)

Ministry of Labour17

O. Reg. 490/09 – Overview (7)• Maintains existing requirements for codes for, measuring, medical

surveillance and respiratory protection.

• Codes for measuring• Codes are prescribed for acrylonitrile, arsenic, coke oven emissions,

ethylene oxide or isocyanates• Standard methods for workplace air sampling and analysis for

asbestos, benzene, lead, mercury, silica or vinyl chloride use standard methods for workplace air sampling and analysis. (NIOSH, OSHA, HSE etc.)

• Codes for medical surveillance• Codes as prescribed under S.20(4) for all designated substances

except arsenic and ethylene oxide.• For arsenic and ethylene oxide, medical examinations after exposure

as per S.28.

• Codes for respiratory protection• Codes for all designated substances are prescribed for respiratory

protection selection and general requirements

Ministry of Labour18

O. Reg. 490/09 – Overview (8)

• Variance from a Code (S. 32) - For the purposes of this Regulation, the methods and procedures that may be used or adopted may vary from the Codes issued by the Ministry

• Codes for measuring airborne substances• Variance accepted if factors of accuracy and precision are equal

to or greater than in the codes issued by the Ministry

• Codes for respiratory protection • Variance accepted, if protection afforded is equal to or greater

than in the codes issued by the Ministry

Ministry of Labour19

Regulation 833

• Since July 1, 2010, Regulation 833 includes occupational exposure limits (OELs) for all designated substances in the Ontario Table.

• Addresses worker exposure to designated substances where other designated substance regulations (O. Reg. 490/09 and O. Reg. 278/05) do not apply.

• Regulation 833 is a performance based regulation

Ministry of Labour20

Resources

Ministry of Labour:• www.Ontario.ca/SafeAtWorkOntario• Occupational Exposure Limits for Ontario Workplaces – OEL table contains information found in

the Ontario Table in Regulation 833 ("Regulation") and the ACGIH Table that is referenced in the Regulation.

http://www.labour.gov.on.ca/english/hs/pubs/oel_table.php

Ministry of Labour Health & Safety Contact Centre Tel. 1-877-202-0008

• Report incidents, critical injuries, fatalities or work refusals• Report possible unsafe work practices • General occupational health and safety inquiries

Health and Safety Associations and Partners

http://www.healthandsafetyontario.ca

Occupational Health Clinics for Ontario Workers• www.ohcow.on.ca/contactus/contact_us.html

• Workers Health and Safety Centre• www.whsc.on.ca/contact/contact.cfm

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END

QUESTIONS?