Ontario Regulation 838 respecting Asbestos on Construction Projects and in Buildings and Repair Operations (Old Regulation) made under the Ontario Occupational Health and Safety Act represented the main statutes for the handling of asbestos in Ontario until November 2005. The Regulation, which was introduced by the Ontario Ministry of Labour in October 1985
(as Regulation 654/85 at that time) implemented legislation to control the handling and exposure to asbestos in buildings and on construction projects. The Regulation established “procedures” for the handling of asbestos and placed requirements on the building owners to develop an "asbestos control program". The following were essential requirements of the Regulation 838:

•  Preparation and maintenance of a record, or an assessment
   survey, of the location of friable asbestos-containing
   material (ACM).

•  Provision of a report to all prospective contractors who are
   likely to handle or disturb friable material, stating whether or
   not the material contains asbestos and the type and location
   of ACM present.

•  Notification to building occupants and workers who may
   disturb or handle ACM.
•  Notification to building occupants and workers who may
   disturb or handle ACM.

•  Establishment of a training program for employees of the
   owner of the building, who may handle or disturb the material.

•  Periodic inspections of ACM to determine its condition and
   undertake remedial action where material is deteriorating.

•  Implementation of appropriate control measures to minimize
   or avoid exposure to asbestos, following the procedures
   described in the Regulation.Annual submission of an asbestos
   work report form for each employee working in a Type 2 or
   Type 3 operation.

In November 2005 Ontario Regulation 838 was replaced by the new Regulation 278 – Asbestos on Construction Projects and in Buildings and Repair Operations. Full text of the new Regulation can be found on the Ministry of Labour web site. If you would like to see a brief overview of the main changes, please click Ontario Regulation 278 – major changes.


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Old Ontario Regulation 838

Respecting Asbestos on Construction Projects and in Buildings and Repair Operations
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