Purpose

Under the Working for Workers Six Act, Bill 229, the Occupational Health and Safety Act has been amended to include an employer based provision under section 25(1)(b.1) addressing the fit and appropriateness of personal protective equipment (PPE) in all workplaces across Ontario. This guideline will explain the changes and intent of the amendment.

Overview

On December 19, 2024, Bill 229 under the Working for Workers Six Act, 2024 received Royal Assent and has now come into force. Among the amendments within this Act are changes to the Occupational Health and Safety Act to include explicit provisions under the employer’s duties requiring that any personal protective clothing and equipment that is provided, worn or used is a proper fit and is appropriate in the circumstances.

The intent of this amendment is to ensure that the PPE that employers provide their workers is appropriate for the task being performed and fits the worker’s body type in accordance with the manufacturer’s intended design.

Other regulatory requirements or prescribed standards may still apply in your workplace.

Proper fit

Assessing whether PPE is a “proper fit” may involve assessing whether the fit is such that it effectively minimizes exposure to certain hazards, and that the fit does not pose any hazards. Factors that may be relevant to assessing whether the PPE is a proper fit may include whether the PPE is the right size and/or fit for the worker using it and whether the PPE is so tight or loose that it poses a hazard to the worker. Examples of hazards posed by PPE that is not a proper fit may include tripping hazards or getting caught in moving machinery when garments are too loose-fitting.

Although “one size fits all” or an adjustable fit may be appropriate in some circumstances, the employer must assess each situation to ensure the proper fit of the PPE for the task and make sure no new hazards are introduced because of the fit.

Appropriate in the circumstances

Assessing whether PPE is “appropriate in the circumstances” may include ensuring that the PPE protects against the hazard(s) for which it was designed. All relevant factors would need to be considered in determining the PPE’s appropriateness including the manufacturer’s recommendations and any standards that may be referenced or prescribed in the regulations. Hazard assessments should be performed to adequately identify the appropriate level of protection for the worker(s) performing the task.