Ministry of Labour Changes to Regulation 833 and O. Reg. 490/09 come into force on January 1, 2020
December 19, 2019 - Ministry of Labour Changes to Regulation 833 and O. Reg. 490/09 come into force on January 1, 2020

Please note that the Ministry of Labour has made changes to Regulation 833 – Control of Exposure to Biological or Chemical Agents and to Regulation 833 – Control of Exposure to Biological or Chemical Agents and O. Reg. 490/09 – Designated Substances which come into force on January 1, 2020.
 
Due to these changes, there are new requirements for Respiratory Protection Programs, including:

 
  • Written measures and procedures;
  • Training;
  • Fit testing; and
  • Breathing air purity.
The government believes that these amendments will streamline and modernize the occupational health regulatory scheme under the Occupational Health and Safety Act. This includes Regulation 833 – Control of Exposure to Biological or Chemical Agents and O. Reg. 490/09 – Designated Substances.
 
The changes will:
 
  • Replace the nine separate Medical Surveillance Codes with one single consolidated and updated Medical Surveillance Code (learn more about the new code);
  • Replace the 16 separate Codes for Respiratory Equipment and Measuring Airborne Substances with new, updated, and consolidated respiratory protection and measuring provisions;
  • Permit businesses to use the “Quebec model” for calculating exposures to hazardous substances for irregular work shifts; and
  • Add “substitution,” or substituting hazardous substances with those that are less hazardous, to the hierarchy of controls.

Updated and Consolidated Medical Surveillance Code

The Code for Medical Surveillance for Designated Substances sets out the Medical Surveillance Program requirements for the following designated substances: asbestos, benzene, coke oven emissions, isocyanates, lead (inorganic and organic), mercury (alkyl and non-alkyl compounds) and silica.
 
The code applies to employers that are required to provide for medical examinations under subsection 20(4) of O. Reg. 490/09 – Designated Substances. This code provides updated guidance to physicians and other health professionals.
 
For more information, read the amending regulations:
 
  • O. Reg. 189/19, which amends O. Reg. 490/09 – Designated Substances
  • O. Reg. 185/19, which amends Regulation 833 – Control of Exposure to Biological or Chemical Agents
The amended regulations will come into effect on January 1, 2020.
 
More information can be found on the Ministry’s website at:
https://www.labour.gov.on.ca/english/resources/notices.php#ohs_modernization

Any questions about the changes to Regulation 833 - Control of Exposure to Biological or Chemical Agents, can be directed to Mark Tishman, Program and Policy Analyst by email at mark.tishman@oafc.on.ca
or by phone at 905-426-9865.