On November 1st 2005, the Ontario Ministry of Labour introduced a new Regulation 278/05 Designated Substance Asbestos on Construction Projects and in Buildings and Repair Operations which replaced the former piece of similar legislation Regulation 838. The new Regulation 278 significantly increases safety requirements as they relate to the presence of asbestos-containing materials (ACM) in buildings and to the handling of asbestos.

Similarly to the requirements of its predecessor, the asbestos Regulation 278 calls for:

Establishment of an ongoing asbestos management program
to control the exposure to airborne asbestos in buildings,

Inspection of building materials, preparation and maintenance
of a record of the locations of friable and non-friable ACM,

Periodic re-inspection of ACM and undertaking remedial action
on ACM that has deteriorated,

Provision of the record of the locations of ACM to all
prospective contractors prior to the tendering of work which
could disturb ACM,

Provision the record of the locations of ACM to the occupiers
(tenants or lessees) of the building where ACM is known to be,
or is assumed to be present,

Provision the record of the locations of ACM to the occupiers
(tenants or lessees) of the building where ACM is known to be,
or is assumed to be present,

Notification of all workers, who may work in close proximity
to and who may disturb ACM, of the presence and locations
of ACM,

Training of employees who may work in close proximity to
and who may disturb asbestos and training of those who
engage in asbestos abatement work,

Proper handling of ACM in buildings and on construction and
demolition projects by providing Type 1, Type 2, and Type 3
operation procedures which must be followed by all engaged
in handling of ACM,

Keeping an exposure record for all employees engaging in
Type 2 and Type 3 operations.
Full text of the new Regulation 278 can be found on the Ministry of Labour web site. Click Regulation 838 if you would like to see an overview of the old legislation. For major changes introduced by new legislation click here.



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