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 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 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 with respect to respiratory protection, specifically for the protection of workers.

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

Inspection results

As a result, MLITSD hygienists:

  • conducted 58 field visits with 34 support role activitiesfootnote 1
  • visited 44 workplaces
  • issued 66 orders and requirements

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 program. Ministry 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 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

MLITSD 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 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:

  • 58 field visits with 34 support role activities
  • 44 workplaces visited
  • 66 orders and requirements issued for contraventions under the OHSA and its regulations including:
    • 36 orders issued for contraventions under the OHSA and its regulations
    • 23 orders (34.8%) issued under Regulation 833, Control of Exposure to Biological or Chemical Agents
    • 4 orders (6.1%) issued under Regulation 490/09, Designated Substances
    • 3 requirements issued for the employer to conduct testing
  • an average of 1.50 orders and requirements issued per workplace visited 
  • an average of 1.14 orders and requirements issued per field visit

Most frequently issued orders

A total of 11 orders were issued under the OHSA. The most frequently issued OHSA orders involved employers’ failure to:

  • post a copy of the Act in the workplace [s. 25(2)(i)] - 4 orders or 6.1% of the total orders and requirements issued during the initiative
  • prepare and review a written occupational health and safety policy [s. 25(2)(j)] -  2 orders or 3.0 % of the total orders and requirements issued during the initiative

A total of 23 orders were issued under Reg. 833/90. Orders were issued under the following sections (among others):

  • for the employer to provide training for workers on the care and use of respirators [s. 9(3)] – 8 orders or 34.8% of total orders issued under the regulation
  • for the employer to establish a written respiratory protection program[s. 9(2)] – 7 orders or 30.4% of total orders issued under the regulation
  • for the employer to conduct respirator fit testing [s. 12(1)] – 6 orders or 26.1% of total orders issued under the regulation

A total of 4 orders were issued under Reg. 490/09. Orders were issued under the following sections (among others):

  • for the employer to establish a control program [s. 20(1)] – 2 orders or 50.0% of total orders issued under the regulation

Observations

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

  • worker training on the care and use of respirators, as well as respirator fit testing,  continue to be issues that can result in serious outcomes
  • a written respiratory protection program continues to be a requirement that is not met in some workplaces

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 raising awareness 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 initiative 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.

Related links