Overview

From April 1, 2023 to March 31, 2024, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) conducted a health and safety campaign that focused on workplaces where respirators are provided to, and used by, workers.

In the ministry’s continuous effort to help reduce exposure to hazardous substances in workplaces, this risk-based campaign was designed in consultation with our health and safety partners:

Education and outreach phase

We began by focusing on education, outreach, and awareness, to provide information to employers, in partnership with the:

  • Infrastructure Health and Safety Association (IHSA)
  • Public Service Health and Safety Association (PSHSA)
  • Workplace Safety North (WSN)
  • Workplace Safety and Prevention Services (WSPS)

The goal was to help employers comply with the requirements under the OHSA and its regulations prior to focused inspections.

MLITSD occupational hygienists also referred workplace parties to our health and safety partners for compliance assistance and training as appropriate during the enforcement phase.

Enforcement phase

Beginning July 4, 2023 and as part of this campaign, we conducted focused inspections of workplaces to check that employers were complying with the OHSA and its regulations. In particular, MLITSD occupational hygienists checked that employers were taking appropriate action with respect to respiratory protection, specifically for the protection of workers.

MLITSD occupational hygienists checked for compliance with the OHSA and applicable regulations, specifically:

Inspection results

As a result, MLITSD occupational hygienists:

  • conducted 91 field visits with 53 support role activities
  • visited 73 workplaces
  • issued 66 orders and requirements

“Support role activities” means that a professional services staff (such as a hygienist, ergonomist or engineer) or another inspector accompanies an inspector on a field visit to provide professional support and/or expertise.

Background

Regulation 833, Control of Exposure to Biological or Chemical Agents, and Regulation 490/09, Designated Substances, changed in January 2020 to include a new section on respiratory protection programs. Ministry occupational hygienists assessed compliance with this section to ensure that workplaces were aware of the requirements of this section.

Together with its health and safety partners, the ministry continues to promote the alignment of prevention, education, and awareness resources to assist workplace parties with identifying, assessing and controlling hazards related to chemical, physical and biological agents.

Full report

Workplace inspection campaigns

Inspection campaigns are part of our compliance strategy. We announce to the sector, in advance, that we will be conducting a campaign. However, individual workplaces are not notified in advance. The results of the campaign are typically posted online within 90 days. MLITSD occupational hygienists and inspectors’ findings may impact the number and level of future inspections of individual workplaces.

MLITSD occupational hygienists and inspectors may also refer employers to health and safety associations for compliance assistance and training.

Focus of the campaign

MLITSD occupational hygienists conducted proactive inspections in workplaces where respirators are provided to, and used by, workers. The inspections ensured that the following were in place:

  • a written respiratory protection program
  • proper selection of respirators appropriate for the hazard
  • training of workers on the care, use and limitations of respirators
  • fit testing for tight-fitting respirators
  • compliance with the requirements for compressed breathing air system

MLITSD occupational hygienists took appropriate action to address contraventions, including issuing orders to comply with requirements of the OHSA and its regulations.

Inspection activity summary

Visits to workplaces

  • 91 field visits with 53 support role activities
  • 73 workplaces visited
  • 66 orders and requirements issued under the OHSA and its regulations including:
    • 11 requirements and 10 orders (32%) were issued under the OHSA
    • 24 orders (36%) issued under Regulation 833, Control of Exposure to Biological or Chemical Agents
    • 12 orders (18%) issued under Regulation 490/09, Designated Substances
    • 7 orders (11%) issued under Regulation 851/90, Industrial Establishments
    • 1 order (1.5%) issued under Regulation 860/90, Workplace Hazard Materials Information System
    • 1 order (1.5%) issued under Regulation 278/05, Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations
  • an average of 1 (66/73) order and requirement issued per workplace visited
  • an average of 0.7 (66/91) orders and requirements issued per field visit

Most frequently issued orders

A total of 21 requirements and orders were issued under the OHSA. The most frequently issued OHSA orders involved:

  • requirements issued for the employer to produce a document for respirator fit-testing [c. 54(1)(c) – 10 orders or 48% of the total orders and requirements issued during the campaign
  • the employer’s failure to maintain protective devices in good condition [c. 25(1)(b)] - 4 orders or 19% of the total orders and requirements issued during the campaign

A total of 24 orders were issued under Reg. 833/90. Orders were issued under the following sections (among others):

  • for the employer to conduct a qualitative respirator fit-testing [ss. 12 (1] – 9 orders or 38% of total orders issued under the regulation
  • for the employer to establish written measures and procedures for the respiratory protection program[ss. 9(2)] – 8 orders or 33% of total orders issued under the regulation
  • for the employer to meet compressed breathing air system requirements [ss. 10 (5)] – 4 orders or 17% of total orders issued under the regulation

A total of 12 orders were issued under Reg. 490/09. Orders were issued under the following sections (among others):

  • for the employer to carry out a written exposure assessment [ss. 19(1)] – 2 orders or 17% of total orders issued under the regulation
  • for the employer to establish written measures and procedures regarding the selection, care and use of respirators [ss. 26.1 (2)] – 2 orders or 17% of total orders under the regulation
  • for the employer to conduct a qualitative fit-testing [ss. 26.4 (1)] - 2 orders or 17% of total orders under the regulation

In addition, a total of 11 orders were issued under Regulation 860/90 (WHMIS Regulation), Regulation 851 (Industrial Establishments Regulation) and O. Reg. 278/05 during this campaign.

Observations

The results of this campaign indicate that workplace parties need to improve compliance with respect to the use of respirators. We observed that:

  • respirator fit-testing continues to be an issue that can result in serious outcomes
  • a written respiratory protection program also continues to be a requirement that is not met in some workplaces
  • failure to meet compressed breathing air system requirements may also result in serious adverse outcomes

Conclusion and next steps

Heightened awareness of any hazard can bring change. All workplaces parties must continue to be diligent and not allow complacency to creep into their daily routines. The risk of exposure to hazardous substances can be prevented by continuing raising awareness, assisting workplace parties comply with the law and taking proper precautions.

Ministry inspectors will continue to pay attention to the use of respirators to ensure that all workplace parties are aware of and adhere to their duties and rights.

The results of the campaign confirm our need to continue to focus on worker safety when they are potentially exposed to hazardous chemical, physical or biological agents and to promote occupational health and safety when using respirators.

A key to workplace health and safety in Ontario is the Internal Responsibility System (IRS). Workplace parties are encouraged to work together to identify and control all hazards.

Help for employers

Please contact our health and safety partners, for more information, resources and tools.

Contact us through our Health and Safety Contact Centre. We can provide information about compliance with the OHSA, including where to find information that is relevant to your workplace to assist with compliance regarding the use of respirators.