Ongoing asbestos management in buildings
 8. (1) Revoked: O. Reg. 62/18, s. 1. (2) Subsection (3) applies if, (a) the owner of a building treats material that has been used in the building for any purpose related to it, including insulation, fireproofing and ceiling tiles, as if it were asbestos-containing material; (b) the owner of a building has been advised under section 9 of the discovery of material that may be asbestos-containing material; (c) the owner of a building knows or ought reasonably to know that asbestos-containing material has been used in a building for any purpose related to the building, including insulation, fireproofing and ceiling tiles; (d) an examination under subsection (8) or section 10 establishes, or would have established if carried out as required, that asbestos-containing material has been used in a building for any purpose related to the building, including insulation, fireproofing and ceiling tiles; or (e) a constructor or employer advises the owner of a building, in accordance with subsection 10 (8), of the discovery of material that may be asbestos-containing material and that was not referred to in a report prepared under subsection 10 (4).  O. Reg. 278/05, s. 8 (2). (3) If this subsection applies, the owner shall, (a) prepare and keep on the premises a record containing the information set out in subsection (4); (b) give any other person who is an occupier of the building written notice of any information in the record that relates to the area occupied by the person; (c) give any employer with whom the owner arranges or contracts for work that is not described in clause 10 (1) (a) written notice of the information in the record, if the work, (i) may involve material mentioned in the record, or (ii) may be carried on in close proximity to such material and may disturb it; (d) advise the workers employed by the owner who work in the building of the information in the record, if the workers may do work that, (i) involves material mentioned in the record, or (ii) is to be carried on in close proximity to such material and may disturb it; (e) establish and maintain, for the training and instruction of every worker employed by the owner who works in the building and may do work described in clause (d), a program dealing with, (i) the hazards of asbestos exposure, (ii) the use, care and disposal of protective equipment and clothing to be used and worn when doing the work, (iii) personal hygiene to be observed when doing the work, and (iv) the measures and procedures prescribed by this Regulation; and (f) inspect the material mentioned in the record at reasonable intervals in order to determine its condition.  O. Reg. 278/05, s. 8 (3). (4) The record shall contain the following information: 1. The location of all material described in clauses (2) (a), (b), (c), (d) and (e). 2. For each location, whether the material is friable or non-friable. 3. In the case of friable sprayed-on material, for each location, i. if the material is known to be asbestos-containing material, the type of asbestos, if known, or ii. in any other case, a statement that the material will be treated as though it contained a type of asbestos other than chrysotile.  O. Reg. 278/05, s. 8 (4). (5) The owner shall update the record described in clause (3) (a), (a) at least once in each 12-month period; and (b) whenever the owner becomes aware of new information relating to the matters the record deals with.  O. Reg. 278/05, s. 8 (5). (6) If updating under subsection (5) results in any change to the record, clauses (3) (b), (c) and (d) apply with necessary modifications.  O. Reg. 278/05, s. 8 (6). (7) An occupier who receives a notice under clause (3) (b) is responsible for performing the duties set out in clauses (3) (d) and (e) with respect to the occupier’s own workers.  O. Reg. 278/05, s. 8 (7). (8) If it is readily apparent that friable material used in a building as fireproofing or acoustical or thermal insulation has fallen and is being disturbed so that exposure to the material is likely to occur, (a) the owner shall cause the material to be examined to establish whether it is asbestos-containing material; and (b) until it has been established whether the material is asbestos-containing material, no further work involving the material shall be done.  O. Reg. 278/05, s. 8 (8). (9) Subsection (8) does not apply if the work is carried out in accordance with this Regulation as though the material were asbestos-containing material and, in the case of friable sprayed-on material, as though it contained a type of asbestos other than chrysotile.  O. Reg. 278/05, s. 8 (9). (10) If the examination mentioned in subsection (8) establishes that the material is asbestos-containing material, or if the material is treated as though it were asbestos-containing material as described in subsection (9), (a) the owner shall cause the fallen material to be cleaned up and removed; and (b) if it is readily apparent that material will continue to fall because of the deterioration of the fireproofing or insulation, the owner shall repair, seal, remove or permanently enclose the fireproofing or insulation.  O. Reg. 278/05, s. 8 (10). (11) Subsection (10) does not apply if the fallen material is confined to an area that is, (a) above a closed false ceiling; and (b) not part of a return air plenum.  O. Reg. 278/05, s. 8 (11).