jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
 1. (1) In this Regulation, “asbestos” means any of the fibrous silicates listed in subsection (2); (“amiante”) “asbestos-containing material” means material that contains 0.5 per cent or more asbestos by dry weight; (“matériau contenant de l’amiante”) “building” means any structure, vault, chamber or tunnel including, without limitation, the electrical, plumbing, heating and air handling equipment (including rigid duct work) of the structure, vault, chamber or tunnel; (“édifice”) “competent worker”, in relation to specific work, means a worker who, (a) is qualified because of knowledge, training and experience to perform the work, (b) is familiar with the Act and with the provisions of the regulations that apply to the work, and (c) has knowledge of all potential or actual danger to health or safety in the work; (“travailleur compétent”) “demolition” includes dismantling and breaking up; (“démolition”) “examine”, when used with reference to material, means to carry out procedures in accordance with section 3 to establish its asbestos content and to establish the type of asbestos, and “examination” has a corresponding meaning; (“examiner”) “friable material” means material that, (a) when dry, can be crumbled, pulverized or powdered by hand pressure, or (b) is crumbled, pulverized or powdered; (“matériau friable”) “HEPA filter” means a high efficiency particulate aerosol filter that is at least 99.97 per cent efficient in collecting a 0.3 micrometre aerosol; (“filtre HEPA”) “homogeneous material” means material that is uniform in colour and texture; (“matériau homogène”) “joint health and safety committee” means, (a) a joint health and safety committee established under section 9 of the Act, (b) a similar committee described in subsection 9 (4) of the Act, or (c) the workers or their representatives who participate in an arrangement, program or system described in subsection 9 (4) of the Act; (“comité mixte sur la santé et la sécurité”) “occupier” has the same meaning as in the Occupiers’ Liability Act; (“occupant”) “Type 1 operation” means an operation described in subsection 12 (2); (“opération de type 1”) “Type 2 operation” means an operation described in subsection 12 (3); (“opération de type 2”) “Type 3 operation” means an operation described in subsection 12 (4). (“opération de type 3”)  O. Reg. 278/05, s. 1 (1). (2) The fibrous silicates referred to in the definition of “asbestos” in subsection (1) are: 1. Actinolite. 2. Amosite. 3. Anthophyllite. 4. Chrysotile. 5. Crocidolite. 6. Tremolite.  O. Reg. 278/05, s. 1 (2).
Application
 2. (1) This Regulation applies to, (a) every project, its owner, and every constructor, employer and worker engaged in or on the project; (b) the repair, alteration or maintenance of a building, the owner of the building, and every employer and worker engaged in the repair, alteration or maintenance; (c) every building in which material that may be asbestos-containing material has been used, and the owner of the building; (d) the demolition of machinery, equipment, aircraft, ships, locomotives, railway cars and vehicles, and every employer and worker engaged in the demolition; and (e) subject to subsection (3), (i) work described in subsection (2) in which asbestos-containing material is likely to be handled, dealt with, disturbed or removed, and (ii) every employer and worker engaged in the work.  O. Reg. 278/05, s. 2 (1). (2) Clause (1) (e) applies to, (a) the repair, alteration or maintenance of machinery, equipment, aircraft, ships, locomotives, railway cars and vehicles; and (b) work on a building that is necessarily incidental to the repair, alteration or maintenance of machinery or equipment.  O. Reg. 278/05, s. 2 (2). (3) This Regulation does not apply to an employer in respect of those workers who are employed by the employer and engaged in the activities described in clause (1) (e) if, pursuant to clause 5 (1) (c) of Ontario Regulation 490/09 (Designated Substances) made under the Act, that regulation applies to the employer and those workers with respect to asbestos.  O. Reg. 493/09, s. 1. (4) This Regulation does not apply to an owner of a private residence occupied by the owner or the owner’s family or to an owner of a residential building that contains not more than four dwelling units, one of which is occupied by the registered owner or family of the registered owner.  O. Reg. 278/05, s. 2 (4). (5) This Regulation does not apply to workers and their employers when the workers are engaged in the following work under the authority of the Fire Protection and Prevention Act, 1997: 1. Fire suppression. 2. Rescue and emergency services. 3. The investigation of the cause, origin and circumstances of a fire or explosion or condition that might have caused a fire, explosion, loss of life or damage to property.  O. Reg. 479/10, s. 1. (6) While the work described in subsection (5) is being performed at a workplace, this Regulation does not apply to that workplace in respect of the workers engaged in the work and their employers, and Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act applies.  O. Reg. 479/10, s. 1.
Adoption of standard
 3. (1) For the purposes of this Regulation, the method and procedures for establishing whether material is asbestos-containing material and for establishing its asbestos content and the type of asbestos shall be in accordance with the following standard: 1. U.S. Environmental Protection Agency.  Test Method EPA/600/R-93/116:  Method for the Determination of Asbestos in Bulk Building Materials.  June 1993.  O. Reg. 278/05, s. 3 (1). (2) The procedures required by subsection (1) shall be carried out on bulk material samples that are randomly collected by a competent worker and are representative of each area of homogeneous material.  O. Reg. 278/05, s. 3 (2). (3) The minimum number of bulk material samples to be collected from an area of homogeneous material is set out in Table 1.  O. Reg. 278/05, s. 3 (3). (4) If analysis establishes that a bulk material sample contains 0.5 per cent or more asbestos by dry weight, (a) it is not necessary to analyze other bulk material samples taken from the same area of homogeneous material; and (b) the entire area of homogeneous material from which the bulk material sample was taken is deemed to be asbestos-containing material.  O. Reg. 278/05, s. 3 (4).
Restrictions re sprayed material, insulation, sealants
 4. (1) No person shall apply or install or cause to be applied or installed, by spraying, material containing 0.1 per cent or more asbestos by dry weight that can become friable.  O. Reg. 278/05, s. 4 (1). (2) No person shall apply or install or cause to be applied or installed, as thermal insulation, material containing 0.1 per cent or more asbestos by dry weight that can become friable.  O. Reg. 278/05, s. 4 (2). (3) A liquid sealant shall not be applied to friable asbestos-containing material if, (a) the material has visibly deteriorated; or (b) the material’s strength and its adhesion to the underlying materials and surfaces are insufficient to support its weight and the weight of the sealant.  O. Reg. 278/05, s. 4 (3).
Information for workers
 5. (1) This section applies whenever a worker is to do work that, (a) involves material that, (i) is asbestos-containing material, (ii) is being treated as if it were asbestos-containing material, (iii) is the subject of advice under section 9 or a notice under subsection 10 (8); or (b) is to be carried on in close proximity to material described in clause (a) and may disturb it.  O. Reg. 278/05, s. 5 (1). (2) The constructor or employer shall advise the worker and provide him or her with the following information: 1. The location of all material described in clause (1) (a). 2. For each location, whether the material is friable or non-friable. 3. In the case of sprayed-on friable 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. 5 (2).
Demolition
 6. (1) The demolition of all or part of machinery, equipment, a building, aircraft, locomotive, railway car, vehicle or ship shall be carried out or continued only when any asbestos-containing material that may be disturbed during the work has been removed to the extent practicable.  O. Reg. 278/05, s. 6 (1). (2) Subsection (1) does not apply so as to prevent work necessary to gain access to the asbestos-containing material that is to be removed, if the workers doing the work are protected from the hazard.  O. Reg. 278/05, s. 6 (2). 7. Revoked:  O. Reg. 422/10, s. 1.
Responsibility of employer other than owner
 9. An employer whose workers work in a building of which the employer is not the owner shall advise the owner if the workers discover material that may be asbestos-containing material in the building.  O. Reg. 278/05, s. 9.
Advance notice re Type 3 operations and certain Type 2 operations
 11. (1) Before commencing a Type 3 operation, the constructor, in the case of a project, and the employer, in any other case, shall notify, orally and in writing, an inspector at the office of the Ministry of Labour nearest the workplace of the operation.  O. Reg. 278/05, s. 11 (1). (2) Subsection (1) also applies with respect to a Type 2 operation described in paragraph 9 of subsection 12 (3) in which one square metre or more of insulation is to be removed.  O. Reg. 278/05, s. 11 (2). (3) The written notice required by subsection (1) shall set out, (a) the name and address of the person giving the notice; (b) the name and address of the owner of the place where the work will be carried out; (c) the municipal address or other description of the place where the work will be carried out sufficient to permit the inspector to locate the place, including the location with respect to the nearest public highway; (d) a description of the work that will be carried out; (e) the starting date and expected duration of the work; and (f) the name and address of the supervisor in charge of the work.  O. Reg. 278/05, s. 11 (3).
Respirators
 13. (1) A respirator provided by an employer and used by a worker in a Type 1, Type 2 or Type 3 operation, (a) shall be fitted so that there is an effective seal between the respirator and the worker’s face, unless the respirator is equipped with a hood or helmet; (b) shall be assigned to a worker for his or her exclusive use, if practicable; (c) shall be used and maintained in accordance with written procedures that are established by the employer and are consistent with the manufacturer’s specifications; (d) shall be cleaned, disinfected and inspected after use on each shift, or more often if necessary, when issued for the exclusive use of one worker, or after each use when used by more than one worker; (e) shall have damaged or deteriorated parts replaced prior to being used by a worker; and (f) when not in use, shall be stored in a convenient, clean and sanitary location.  O. Reg. 278/05, s. 13 (1). (2) The following additional requirements apply to a respirator of the supplied air type: 1. The compressed air used for breathing shall meet the standards set out in Table 1 of CSA Standard Z180.1-00, Compressed Breathing Air and Systems (March, 2000). 2. If an oil-lubricated compressor is used to supply breathing air, a continuous carbon monoxide monitor equipped with an alarm shall be provided. 3. If an ambient breathing air system is used, the air intake shall be located in accordance with Appendix B of the standard referred to in paragraph 1.  O. Reg. 278/05, s. 13 (2). (3) If respirators are used in the workplace, (a) the employer shall establish written procedures regarding the selection, use and care of respirators; and (b) a copy of the procedures shall be provided to and reviewed with each worker who is required to wear a respirator.  O. Reg. 278/05, s. 13 (3). (4) A worker shall not be assigned to an operation requiring the use of a respirator unless he or she is physically able to perform the operation while using the respirator.  O. Reg. 278/05, s. 13 (4).
Measures and procedures, Type 2 and Type 3 operations
 15. The following measures and procedures apply to Type 2 operations and to Type 3 operations: 1. The work area shall be identified by clearly visible signs warning of an asbestos dust hazard. 2. Signs required by paragraph 1 shall be posted in sufficient numbers to warn of the hazard and shall state in large clearly visible letters that, i. there is an asbestos dust hazard, and ii. access to the work area is restricted to persons wearing protective clothing and equipment. 3. A wetting agent shall be added to water that is to be used to control the spread of dust and fibres. 4. Eating, drinking, chewing or smoking shall not be permitted in the work area. 5. Containers for dust and waste shall be, i. dust tight, ii. suitable for the type of waste, iii. impervious to asbestos, iv. identified as asbestos waste, v. cleaned with a damp cloth or a vacuum equipped with a HEPA filter immediately before being removed from the work area, and vi. removed from the workplace frequently and at regular intervals. 6. Frequently and at regular intervals during the doing of the work and immediately on completion of the work, i. dust and waste shall be cleaned up and removed using a vacuum equipped with a HEPA filter, or by damp mopping or wet sweeping, and placed in a container as described in paragraph 5, and ii. drop sheets shall be wetted and placed in a container as described in paragraph 5, as soon as practicable after subparagraph i has been complied with. 7. Drop sheets shall not be reused. 8. After the work is completed, polyethylene sheeting and similar materials used for barriers and enclosures shall not be reused, but shall be wetted and placed in a container as described in paragraph 5 as soon as practicable after paragraph 6 has been complied with. 9. After the work is completed, barriers and portable enclosures that will be reused shall be cleaned, by using a vacuum equipped with a HEPA filter or by damp wiping, as soon as practicable after paragraphs 6 and 8 have been complied with. 10. Barriers and portable enclosures shall not be reused unless they are rigid and can be cleaned thoroughly. 11. The employer shall provide every worker who will enter the work area with a NIOSH approved respirator in accordance with Table 2 and the worker shall wear and use the respirator. 12. Protective clothing shall be provided by the employer and worn by every worker who enters the work area, and the protective clothing, i. shall be made of a material that does not readily retain nor permit penetration of asbestos fibres, ii. shall consist of head covering and full body covering that fits snugly at the ankles, wrists and neck, in order to prevent asbestos fibres from reaching the garments and skin under the protective clothing, iii. shall include suitable footwear, and iv. shall be repaired or replaced if torn. 13. Compressed air shall not be used to clean up and remove dust from any surface. 14. Only persons wearing protective clothing and equipment shall enter a work area where there is an asbestos dust hazard.  O. Reg. 278/05, s. 15.
Additional measures and procedures, Type 2 operations
 16. In addition to the measures and procedures prescribed by section 15, the following measures and procedures apply to Type 2 operations: 1. If the operation is one mentioned in paragraph 1 of subsection 12 (3), the friable material that is likely to be disturbed shall be cleaned up and removed by using a vacuum equipped with a HEPA filter when access to the work area is obtained. 2. Before commencing work that is likely to disturb friable asbestos-containing material that is crumbled, pulverized or powdered and that is lying on any surface, the friable material shall be cleaned up and removed by damp wiping or by using a vacuum equipped with a HEPA filter. 3. Friable asbestos-containing material that is not crumbled, pulverized or powdered and that may be disturbed or removed during the work shall be thoroughly wetted before the work and kept wet during the work, unless wetting would create a hazard or cause damage. 4. Subject to paragraph 5, the spread of dust from a work area shall be controlled by measures appropriate to the work to be done, including the use of drop sheets of polyethylene or other suitable material that is impervious to asbestos. 5. If the operation is one mentioned in paragraph 1 or 2 of subsection 12 (3) and is carried on indoors, the spread of dust from the work area shall be prevented, if practicable, by, i. using an enclosure of polyethylene or other suitable material that is impervious to asbestos (including, if the enclosure is opaque, one or more transparent window areas to allow observation of the entire work area from outside the enclosure), if the work area is not enclosed by walls, ii. disabling the mechanical ventilation system serving the work area, and iii. sealing the ventilation ducts to and from the work area. 6. Before leaving the work area, a worker shall, i. decontaminate his or her protective clothing by using a vacuum equipped with a HEPA filter, or by damp wiping, before removing the protective clothing, and ii. if the protective clothing will not be reused, place it in a container as described in paragraph 5 of section 15. 7. Facilities for the washing of hands and face shall be made available to workers and shall be used by every worker when leaving the work area.  O. Reg. 278/05, s. 16.
Instruction and training
 19. (1) The employer shall ensure that instruction and training in the following subjects are provided by a competent person to every worker working in a Type 1, Type 2 or Type 3 operation: 1. The hazards of asbestos exposure. 2. Personal hygiene and work practices. 3. The use, cleaning and disposal of respirators and protective clothing.  O. Reg. 278/05, s. 19 (1). (2) The joint health and safety committee or the health and safety representative, if any, for the workplace shall be advised of the time and place where the instruction and training prescribed by subsection (1) are to be carried out.  O. Reg. 278/05, s. 19 (2). (3) Without restricting the generality of paragraph 3 of subsection (1), the instruction and training related to respirators shall include instruction and training related to, (a) the limitations of the equipment; (b) inspection and maintenance of the equipment; (c) proper fitting of a respirator; and (d) respirator cleaning and disinfection.  O. Reg. 278/05, s. 19 (3).
Asbestos abatement training programs
 20. (1) The employer shall ensure that, (a) every worker involved in a Type 3 operation has successfully completed the Asbestos Abatement Worker Training Program approved by the Ministry of Advanced Education and Skills Development; and (b) every supervisor of a worker involved in a Type 3 operation has successfully completed the Asbestos Abatement Supervisor Training Program approved by the Ministry of Advanced Education and Skills Development.  O. Reg. 278/05, s. 20 (1); O. Reg. 62/18, s. 2 (1). (2) The employer shall ensure that every worker and supervisor successfully completes the appropriate program required under subsection (1) before performing or supervising the work to which the program relates.  O. Reg. 278/05, s. 20 (2). (3) A document issued by the Ministry of Advanced Education and Skills Development, showing that a worker has successfully completed a program mentioned in subsection (1), is conclusive proof, for the purposes of this section, of his or her successful completion of the program.  O. Reg. 278/05, s. 20 (3); O. Reg. 62/18, s. 2 (1). (4) Revoked: O. Reg. 62/18, s. 2 (2).
Asbestos work report
 21. (1) The employer of a worker working in a Type 2 operation or a Type 3 operation shall complete an asbestos work report in a form obtained from the Ministry for each such worker, (a) at least once in each 12-month period; and (b) immediately on the termination of the employment of the worker.  O. Reg. 278/05, s. 21 (1). (2) As soon as the asbestos work report is completed, the employer shall, (a) forward it to the Provincial Physician, Ministry of Labour, and (b) give a copy to the worker.  O. Reg. 278/05, s. 21 (2). (3) For the purposes of clause (2) (a), the employer may deliver the report to the Provincial Physician in person or send it by ordinary mail, by courier or by fax.  O. Reg. 278/05, s. 21 (3).
Asbestos Workers Register
 22. (1) The Provincial Physician, Ministry of Labour, shall establish and maintain an Asbestos Workers Register listing the name of each worker for whom an employer submits an asbestos work report under section 21.  O. Reg. 278/05, s. 22 (1). (2) On the recommendation of the Provincial Physician, a worker who is listed in the Register may volunteer to undergo the prescribed medical examination described in paragraph 1 of subsection (4).  O. Reg. 278/05, s. 22 (2). (3) A worker who has undergone the prescribed medical examination described in paragraph 1 of subsection (4) may volunteer to undergo subsequent examinations of the same type if they are recommended by his or her physician.  O. Reg. 278/05, s. 22 (3). (4) The following medical examinations are prescribed for the purposes of subsection 26 (3) of the Act: 1. An examination consisting of a medical questionnaire, chest x-rays and pulmonary function tests. 2. A subsequent examination that consists of the components described in paragraph 1, is recommended by the worker’s physician and takes place at least five years after the most recent examination.  O. Reg. 278/05, s. 22 (4); O. Reg. 450/19, s. 1. (5) A worker who is removed from exposure to asbestos because an examination discloses that he or she may have or has a condition resulting from exposure to asbestos and suffers a loss of earnings as a result of the removal from exposure to asbestos is entitled to compensation for the loss in the manner and to the extent provided by the Workplace Safety and Insurance Act, 1997.  O. Reg. 278/05, s. 22 (5).
Use of equivalent measure or procedure
 23. A constructor, in the case of a project, or the employer, in any other case, may vary a measure or procedure required by this Regulation if the following conditions are satisfied: 1. The measure or procedure, as varied, affords protection for the health and safety of workers that is at least equal to the protection that would be provided by complying with this Regulation. 2. The constructor or employer gives written notice of the varied measure or procedure, in advance, to the joint health and safety committee or the health and safety representative, if any, for the workplace.  O. Reg. 278/05, s. 23.
Bulk material samples
nan
Respirators
nan
Air samples
nan