33 (1) Where a biological, chemical or physical agent or combination of such agents is used or intended to be used in the workplace and its presence in the workplace or the manner of its use is in the opinion of a Director likely to endanger the health of a worker, the Director shall by notice in writing to the employer order that the use, intended use, presence or manner of use be, (a)  prohibited; (b)  limited or restricted in such manner as the Director specifies; or (c)  subject to such conditions regarding administrative control, work practices, engineering control and time limits for compliance as the Director specifies.  R.S.O. 1990, c. O.1, s. 33 (1). Contents of order (2) Where a Director makes an order to an employer under subsection (1), the order shall, (a)  identify the biological, chemical or physical agent, or combination of such agents, and the manner of use that is the subject-matter of the order; and (b)  state the opinion of the Director as to the likelihood of the danger to the health of a worker, and the Director’s reasons in respect thereof, including the matters or causes which give rise to his or her opinion.  R.S.O. 1990, c. O.1, s. 33 (2). Posting of order (3) The employer shall provide a copy of an order made under subsection (1) to the committee, health and safety representative and trade union, if any, and shall cause a copy of the order to be posted in a conspicuous place in the workplace where it is most likely to come to the attention of the workers who may be affected by the use, presence or intended use of the biological, chemical or physical agent or combination of agents.  R.S.O. 1990, c. O.1, s. 33 (3). Appeal to Minister (4) Where the employer, a worker or a trade union considers that he, she or it is aggrieved by an order made under subsection (1), the employer, worker or trade union may by notice in writing given within fourteen days of the making of the order appeal to the Minister.  R.S.O. 1990, c. O.1, s. 33 (4). Delegation (5) The Minister may, having regard to the circumstances, direct that an appeal under subsection (4) be determined on his or her behalf by a person appointed by the Minister for that purpose.  R.S.O. 1990, c. O.1, s. 33 (5). Procedure (6) The Minister or, where a person has been appointed under subsection (5), the person so appointed, may give such directions and issue such orders as he or she considers proper or necessary concerning the procedures to be adopted or followed and shall have all the powers of a chair of a board of arbitration under subsection 48 (12) of the Labour Relations Act, 1995.  R.S.O. 1990, c. O.1, s. 33 (6); 2001, c. 9, Sched. I, s. 3 (5). Substitution of findings (7) On an appeal, the Minister or, where a person has been appointed under subsection (5), the person so appointed, may substitute his or her findings for those of the Director and may rescind or affirm the order appealed from or make a new order in substitution therefor and such order shall stand in the place of and have the like effect under this Act and the regulations as the order of the Director, and such order shall be final and not subject to appeal under this section.  R.S.O. 1990, c. O.1, s. 33 (7). Matters to be considered (8) In making a decision or order under subsection (1) or (7), a Director, the Minister or, where a person has been appointed under subsection (5), the person so appointed shall consider as relevant factors, (a)  the relation of the agent, combination of agents or by-product to a biological or chemical agent that is known to be a danger to health; (b)  the quantities of the agent, combination of agents or by-product used or intended to be used or present; (c)  the extent of exposure; (d)  the availability of other processes, agents or equipment for use or intended use; (e)  data regarding the effect of the process or agent on health; and (f)  any criteria or guide with respect to the exposure of a worker to a biological, chemical or physical agent or combination of such agents that are adopted by a regulation.  R.S.O. 1990, c. O.1, s. 33 (8). Suspension of order by Minister, etc., pending disposition of appeal (9) On an appeal under subsection (4), the Minister or, where a person has been appointed under subsection (5), the person so appointed may suspend the operation of the order appealed from pending the disposition of the appeal.  R.S.O. 1990, c. O.1, s. 33 (9). Remuneration of appointee (10) A person appointed under subsection (5) shall be paid such remuneration and expenses as the Minister, with the approval of the Lieutenant Governor in Council, determines.  R.S.O. 1990, c. O.1, s. 33 (10). Application (11) This section does not apply to designated substances.  R.S.O. 1990, c. O.1, s. 33 (11). No hearing required prior to issuing order (12) A Director is not required to hold or afford to an employer or any other person an opportunity for a hearing before making an order under subsection (1).  R.S.O. 1990, c. O.1, s. 33 (12). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (5) - 29/06/2001 34 Repealed: 2019, c. 14, Sched. 13, s. 2. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (6) - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2019, c. 14, Sched. 13, s. 2 - 10/12/2019