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New Regulatory Requirements Effective November 1 st 2007 Under O. Reg. 278/05 By Evelyn Stefov

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.

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New Regulatory Requirements Effective November 1 st 2007 Under O. Reg. 278/05 By Evelyn Stefov

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

  2. 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 • Contains significant changes and updates to the old Regulation • Brings new requirements for negative air and clearance monitoring • Adds 2 new requirements with delayed implementation November 1, 2007

  3. Ontario Construction Fatalities from Occupational Illness & Disease and Traumatic Injuries • According to WSIB data there are more deaths in construction from occupational disease than from traumatic injury. • 545 total construction fatalities were recorded from 1996-2006: • 311 due to Occupational Disease • 234 from Traumatic Fatality Source CSAO 2004 Annual Report ( Check stats against annual report year)

  4. 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

  5. Construction Occupational Disease & Illness Statistics in Ontario (cont’d) Table 1: January 1, 1997 to December 31, 2006* Source CSAO Network News September 2007 *Excluding 100% permanent disability pension claims

  6. Orders Issued under O. Reg. 278/05 • Orders Issued since November 1, 2005 until March 31st , 2008 • Total Number of Orders under 278/05 all sections: 1103 • 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 20 (Nov. 1/07 – Mar. 31/08) 3

  7. New Regulation Requirement under Section 8, O. Reg. 278/05 • Section 8 replaces Section 7 • 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 • 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

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

  9. Program Enforcement Jurisdiction Reg. 278/05 • 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 • Mining Inspectors enforce regulatory requirement in Mines and Mining Refineries • As per P & P

  10. 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 • Orders under Section 7 (Nov. 1/05 – Nov. 1/07) 265 • Orders under Section 8 (Nov. 1/07 – Feb. 29/08 78

  11. Orders Issued under O. Reg. 278/05 Orders Issued since November 1, 2005 until March 31st , 2008 • Total Number of Orders under 278/05 all sections: 1103 • 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 20 (Nov. 1/07 – Mar. 31/08) 3

  12. 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) • 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 • Must hold a Certificate issued by MTCU

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

  14. Asbestos Abatement Supervisor Training Program MTCU 253S • 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 the MTCU Asbestos Abatement Supervisor Course (5.5 hrs) • Hold a Certificate issued by MTCU AAS 253S

  15. 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 • 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

  16. Transitional Provision & Equivalency • The TP is available to experienced Ontario Workers and Supervisors until November 1st 2008 • 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 • Work performed prior to November 1st 2007

  17. Certification Process • The Employer or joint local union must apply to MTCU for signing authority (SA) • 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 • Submit the required paper work • Registration and completion of the Course and successful completion of the MTCU

  18. Current Status of Certification

  19. Testing and Retesting • 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 • 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 • The Colleges must be informed ahead of time to obtain information on the accommodation policy

  20. 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 • 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

  21. MTCU C of C

  22. Questions ?

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