Overview

From April 1, 2022 to March 31, 2023, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) conducted a health and safety initiative which focused on workplaces where asbestos-containing materials (ACMs) are present in the building structures.

In the ministry’s continuous effort to help reduce exposure to asbestos 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, in partnership with the Health and Safety Associations (HSAs), to provide training and education to employers. The goal was to help employers comply with the requirements under the OHSA and its regulations prior to focused inspections.

MLITSD 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 January 4, 2023, we conducted a focused inspection blitz at workplaces to check that employers were complying with the OHSA and its regulations. In particular, MLITSD hygienists checked that employers were taking appropriate action to assess and deal with the hazard of ACMs, specifically for the protection of workers.

MLITSD hygienists checked for compliance with the OHSA and applicable regulations, specifically Regulation 278/05: Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations ( Reg. 278/05).

As a result, MLITSD Hygienists:

  • conducted 47 field visits with 26 support role activitiesfootnote 1
  • visited 39 workplaces
  • issued 62 orders and requirements

Background

ACMs are present in building structures at many different workplaces. Owners and employers are not always aware of the presence of asbestos in their workplace, or the measures and procedures required to protect their workers from exposure to asbestos. The long latency period associated with the development of an occupational illness from exposure to asbestos highlights the importance of managing asbestos-containing materials in the workplace to prevent worker exposures.

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 ACMs.

Full report

Workplace inspection initiatives

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

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

Focus of the initiative

The inspections ensured that the following were in place:

  • an asbestos management program, including maintaining an asbestos record
  • notification of occupants, workers and contractors
  • repair and removal of asbestos-containing materials in poor condition
  • training of workers on the hazards of asbestos exposure
  • measures and procedures for Type 1, Type 2 and Type 3 asbestos operations.

MLITSD hygienists took appropriate action if contraventions were found under the OHSA or its regulations. This included the issuance of orders to comply with requirements of the OHSA and regulations made under the OHSA.

Inspection activity summary

Visits to workplaces

  • 47 field visits with 26 support role activities
  • 39 workplaces visited
  • 62 orders and requirements issued for contraventions under the OHSA and its regulations including:
    • 48 orders issued for contraventions under the OHSA and its regulations
    • 12 orders (19.4%) issued under Reg. 278/05: Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations
    • 2 requirements issued for the employer to produce documents and conduct testing
  • an average of 1.59 orders and requirements issued per workplace visited
  • an average of 1.32 orders and requirements issued per field visit

Most frequently issued orders

A total of 24 orders were issued under the OHSA. The most frequently issued OHSA orders involved employers’ failure to:

  • take reasonable precautions for the protection of a worker [s. 25(2)(h)] - 6 orders or 9.7% of the total orders and requirements issued during the initiative
  • prepare and review a written occupational health and safety policy [s. 25(2)(j)] - 4 orders or 6.5% of the total orders and requirements issued during the initiative

A total of 12 orders were issued under the Reg. 278/05. Orders were issued under the following sections (among others):

  • for the owner to prepare and keep on the premises an asbestos record [s. 8(3)(a)] – 4 orders or 33.3% of total orders issued under the regulation
  • for the owner to establish and maintain a training program on asbestos hazards for their workers [s. 8(3)(e)] – 3 orders or 25% of total orders issued under the regulation

Observations

The results of this initiative indicate that workplace parties need to improve compliance with respect to asbestos in building structures. We observed that:

  • maintaining an asbestos record in the workplace continues to be an issue that can result in serious outcomes when workers are not aware of the presence of ACMs
  • workers continue to be exposed to the potential hazard of asbestos in the workplace

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 asbestos can be prevented by raising awareness and taking proper precautions.

Ministry inspectors will continue to pay attention to the potential for worker exposure to asbestos to ensure that all workplace parties are aware of and adhere to their duties and rights.

The results of the initiative confirm our need to continue to focus on worker safety in workplaces where there are asbestos-containing materials and to promote occupational health and safety among workers potentially exposed to asbestos.

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, including the IHSA, 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 potential worker exposure to asbestos.