OHAO PDC Spring Symposium Hugh Nelson Award of Excellence, Annual General Meeting & Networking Social New Regulatory Requirements Effective November 1 st 2007 Under O. Reg. 278/05 By Evelyn Stefov

Regulation Respecting Asbestos on Construction Projects and in Buildings and Repair Operations Reg. 278/05 O. Reg. 278/05 Effective November 1, 2005 Regulation 278/05 came into effective November 1, 2005 Regulation 278/05 came into effective November 1, 2005 Contains significant changes and updates to the old Regulation Contains significant changes and updates to the old Regulation Brings new requirements for negative air and clearance monitoring Brings new requirements for negative air and clearance monitoring Adds 2 new requirements with delayed implementation November 1, 2007 Adds 2 new requirements with delayed implementation November 1, 2007

According to WSIB data there are more deaths in construction from occupational disease than from traumatic injury. According to WSIB data there are more deaths in construction from occupational disease than from traumatic injury. 545 total construction fatalities were recorded from : 545 total construction fatalities were recorded from : 311 due to Occupational Disease 311 due to Occupational Disease 234 from Traumatic Fatality 234 from Traumatic Fatality Source CSAO 2004 Annual Report ( Check stats against annual report year) Ontario Construction Fatalities from Occupational Illness & Disease and Traumatic Injuries

Construction Occupational Disease & Illness Statistics in Ontario Table 1: January 1, 1997 to December 31, 2006* Source CSAO 2006 Annual Report Excluding 100% permanent disability pension claims Cause of Death Total 10 years Pleural mesothelioma 154 Peritoneal mesothelioma 5 Lung Cancer 78 Asbestos10 Pulmonary Fibrosis 8 All other diseases 56 Total311

Table 1: January 1, 1997 to December 31, 2006* Occupational Disease Total 10 years Plumber, Pipe Fitter, and Related 80 Insulator43 Electrician35 Labourer34 Other Metal Worker 19 Other89 Total300 Source CSAO Network News September 2007 *Excluding 100% permanent disability pension claims Construction Occupational Disease & Illness Statistics in Ontario (cont’d)

Orders Issued under O. Reg. 278/05 Orders Issued since November 1, 2005 until March 31 st, 2008 Orders Issued since November 1, 2005 until March 31 st, 2008 Total Number of Orders under 278/05 all sections: 1103 Total Number of Orders under 278/05 all sections: 1103 Orders under Section 7 (Nov. 1/05 – Nov. 1/07) 265 Orders under Section 7 (Nov. 1/05 – Nov. 1/07) 265 Orders under Section 8 (Nov. 1/07 – Feb. 29/08 91 Orders under Section 8 (Nov. 1/07 – Feb. 29/08 91 Orders under Section 20 (Nov. 1/07 – Mar. 31/08) 3 Orders under Section 20 (Nov. 1/07 – Mar. 31/08) 3

New Regulation Requirement under Section 8, O. Reg. 278/05 Section 8 replaces Section 7 Section 8 replaces Section 7 Came into effect November 1, 2007 Came into effect November 1, 2007 Requires building owners to identify in addition to friable, all the non-friable Asbestos Containing Materials ACM used in a building Requires building owners to identify in addition to friable, all the non-friable Asbestos Containing Materials ACM used in a building The owner may treat the unknown material as ACM The owner may treat the unknown material as ACM Requires the owner to inform occupiers of the building and employers with whom the owner arranges or contracts work with ACM Requires the owner to inform occupiers of the building and employers with whom the owner arranges or contracts work with ACM

Common Types of ACM in Buildings Sprayed on fireproofing Sprayed on fireproofing Thermal insulation Thermal insulation Acoustical and decorative plaster Acoustical and decorative plaster Drywall joint compounds Drywall joint compounds Cement asbestos (Transite) Cement asbestos (Transite) Acoustical ceiling tiles Acoustical ceiling tiles Vinyl and asphalt floor tiles Vinyl and asphalt floor tiles

Program Enforcement Jurisdiction Reg. 278/05 Construction inspectors enforce primarily the regulatory requirements on Type 3 operations and Projects (NOP's required) Construction inspectors enforce primarily the regulatory requirements on Type 3 operations and Projects (NOP's required) Industrial Inspectors enforce requirements for surveys and Asbestos Management Programs in Buildings and Repair Operations Industrial Inspectors enforce requirements for surveys and Asbestos Management Programs in Buildings and Repair Operations Mining Inspectors enforce regulatory requirement in Mines and Mining Refineries Mining Inspectors enforce regulatory requirement in Mines and Mining Refineries As per P & P As per P & P

Enforcement Activity Asbestos Management Programs Under Sections 7 & 8 of O. Reg.278/05 Orders Issued since November 1, 2005 until February 29, 2008 Total Number of Orders under 278/05 all sections: 1079 Total Number of Orders under 278/05 all sections: 1079 Orders under Section 7 (Nov. 1/05 – Nov. 1/07)265 Orders under Section 7 (Nov. 1/05 – Nov. 1/07)265 Orders under Section 8 (Nov. 1/07 – Feb. 29/0878 Orders under Section 8 (Nov. 1/07 – Feb. 29/0878

Orders Issued under O. Reg. 278/05 Orders Issued since November 1, 2005 until March 31 st, 2008 Total Number of Orders under 278/05 all sections: 1103 Total Number of Orders under 278/05 all sections: 1103 Orders under Section 7 (Nov. 1/05 – Nov. 1/07)265 Orders under Section 7 (Nov. 1/05 – Nov. 1/07)265 Orders under Section 8 (Nov. 1/07 – Feb. 29/0891 Orders under Section 8 (Nov. 1/07 – Feb. 29/0891 Orders under Section 20 (Nov. 1/07 – Mar. 31/08)3 Orders under Section 20 (Nov. 1/07 – Mar. 31/08)3

Asbestos Abatement Certification Section 20, O. Reg. 278/05 Requirements Applies to all Asbestos Abatement Workers and Supervisors performing Type 3 Operations, Section 12(4) Applies to all Asbestos Abatement Workers and Supervisors performing Type 3 Operations, Section 12(4) Including construction trades performing type 3 work Including construction trades performing type 3 work Workers and Supervisors must be certified as Asbestos Abatement Training Program approved by MTCU AAW 253W and AAS 253S Workers and Supervisors must be certified as Asbestos Abatement Training Program approved by MTCU AAW 253W and AAS 253S Must hold a Certificate issued by MTCU Must hold a Certificate issued by MTCU

Asbestos Abatement Worker Training Program MTCU 253W Type 3 Workers must complete the Asbestos Abatement Training Program approved by MTCU 253W Type 3 Workers must complete the Asbestos Abatement Training Program approved by MTCU 253W Complete the in-school training component (16.5hrs) Complete the in-school training component (16.5hrs) Must challenge and pass the MTCU Test and Must challenge and pass the MTCU Test and Hold an MTCU Completion Certificate (C&C) in Program AAW 253W Hold an MTCU Completion Certificate (C&C) in Program AAW 253W

Asbestos Abatement Supervisor Training Program MTCU 253S Hold a Completion Certificate from MTCU in the Asbestos Abatement Worker AAW 253W (16.5hrs) Hold a Completion Certificate from MTCU in the Asbestos Abatement Worker AAW 253W (16.5hrs) Complete Basic Supervision Course of minimum 16 hrs as a prerequisite, CSAO or other Complete Basic Supervision Course of minimum 16 hrs as a prerequisite, CSAO or other Complete the MTCU Asbestos Abatement Supervisor Course (5.5 hrs) Complete the MTCU Asbestos Abatement Supervisor Course (5.5 hrs) Hold a Certificate issued by MTCU AAS 253S Hold a Certificate issued by MTCU AAS 253S

Transitional Provision & Equivalency Transitional Provision (TP) and Equivalency Recognition (ER) allows experienced workers and supervisors to challenge the Test without taking the Course AAW 253W and AAS 253S Transitional Provision (TP) and Equivalency Recognition (ER) allows experienced workers and supervisors to challenge the Test without taking the Course AAW 253W and AAS 253S The TP and ER allows one attempt at the Test The TP and ER allows one attempt at the Test If they fail the test the must take the MTCU approved in-school training and then challenge the Test If they fail the test the must take the MTCU approved in-school training and then challenge the Test

Transitional Provision & Equivalency The TP is available to experienced Ontario Workers and Supervisors until November 1 st 2008 The TP is available to experienced Ontario Workers and Supervisors until November 1 st 2008 For ER there is no expiry date For ER there is no expiry date Experienced Workers must satisfy certain criteria including proof of performance of a minimum of 1000 hours of Type 3 work Experienced Workers must satisfy certain criteria including proof of performance of a minimum of 1000 hours of Type 3 work Work performed prior to November 1 st 2007 Work performed prior to November 1 st 2007

Certification Process The Employer or joint local union must apply to MTCU for signing authority (SA) The Employer or joint local union must apply to MTCU for signing authority (SA) Time allowed 2-4 weeks Time allowed 2-4 weeks Upon approval the SA must register the workers and supervisors with MTCU to the 253W and 253S Asbestos Abatement Courses and Upon approval the SA must register the workers and supervisors with MTCU to the 253W and 253S Asbestos Abatement Courses and Submit the required paper work Submit the required paper work Registration and completion of the Course and successful completion of the MTCU Registration and completion of the Course and successful completion of the MTCU

Current Status of Certification Fiscal Year (as of Jan. 28, 2008) Trade Signing Authority RegisteredCertifiedActive 253S Asbestos Abatement Supervisor W Asbestos Abatement Worker TOTAL

Testing and Retesting Tests are administered across the Province by Community Colleges approved by MTCU Tests are administered across the Province by Community Colleges approved by MTCU After two unsuccessful attempts the worker or supervisor must take the in-school training component of the program again and re-attempt the test After two unsuccessful attempts the worker or supervisor must take the in-school training component of the program again and re-attempt the test Workers under TP or EP who fail the test must take the in-school training after failing the first time. Workers under TP or EP who fail the test must take the in-school training after failing the first time. Readers, translators and interpreters are allowed Readers, translators and interpreters are allowed The Colleges must be informed ahead of time to obtain information on the accommodation policy The Colleges must be informed ahead of time to obtain information on the accommodation policy

Enforcement and Compliance under Section 20, O. Reg. 278/05 Every Worker and Supervisor performing a type 3 operation must complete the AAW Training Program 253W or 253S Every Worker and Supervisor performing a type 3 operation must complete the AAW Training Program 253W or 253S A Completion Certificate issued by MTCU showing that worker or supervisor has successfully completed the program is conclusive proof for the purpose of Section 20 A Completion Certificate issued by MTCU showing that worker or supervisor has successfully completed the program is conclusive proof for the purpose of Section 20

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