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New Regulatory Requirements
Effective November 1st 2007
Under O. Reg. 278/05
By Evelyn Stefov
Regulation Respecting
Asbestos on Construction Projects and in
Buildings and Repair Operations Reg. 278/05
O. Reg. 278/05 Effective November 1, 2005
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Regulation 278/05 came into effective
November 1, 2005
Contains significant changes and updates to the
old Regulation
Brings new requirements for negative air and
clearance monitoring
Adds 2 new requirements with delayed
implementation November 1, 2007
Ontario Construction Fatalities from Occupational
Illness & Disease and Traumatic Injuries
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According to WSIB data there are more
deaths in construction from occupational
disease than from traumatic injury.
545 total construction fatalities were
recorded from 1996-2006:
 311 due to Occupational Disease
 234 from Traumatic Fatality
Source CSAO 2004 Annual Report ( Check stats
against annual report year)
Construction Occupational Disease &
Illness Statistics in Ontario
Table 1: January 1, 1997 to December 31, 2006*
Source CSAO 2006 Annual Report Excluding 100%
permanent disability pension claims
Cause of Death
Pleural mesothelioma
Total 10 years
154
Peritoneal mesothelioma
5
Lung Cancer
78
Asbestos
10
Pulmonary Fibrosis
8
All other diseases
56
Total
311
Construction Occupational Disease & Illness
Statistics in Ontario (cont’d)
Table 1: January 1, 1997 to December 31, 2006*
Occupational Disease
Total 10 years
Plumber, Pipe Fitter, and
Related
80
Insulator
43
Electrician
35
Labourer
34
Other Metal Worker
19
Other
89
Total
300
Source CSAO Network News September 2007
*Excluding 100% permanent disability pension claims
Orders Issued under O. Reg. 278/05
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Orders Issued since November 1, 2005 until
March 31st , 2008
Total Number of Orders under 278/05 all sections:
1103
Orders under Section 7 (Nov. 1/05 – Nov. 1/07)
265
Orders under Section 8 (Nov. 1/07 – Feb. 29/08
91
Orders under Section 20 (Nov. 1/07 – Mar. 31/08)
3
New Regulation Requirement
under Section 8, O. Reg. 278/05
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Section 8 replaces Section 7
Came into effect November 1, 2007
Requires building owners to identify in addition to
friable, all the non-friable Asbestos Containing
Materials ACM used in a building
The owner may treat the unknown material as ACM
Requires the owner to inform occupiers of the
building and employers with whom the owner
arranges or contracts work with ACM
Common Types of ACM in Buildings
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Sprayed on fireproofing
Thermal insulation
Acoustical and decorative plaster
Drywall joint compounds
Cement asbestos (Transite)
Acoustical ceiling tiles
Vinyl and asphalt floor tiles
Program Enforcement
Jurisdiction Reg. 278/05
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Construction inspectors enforce primarily
the regulatory requirements on Type 3
operations and Projects (NOP's required)
Industrial Inspectors enforce requirements
for surveys and Asbestos Management
Programs in Buildings and Repair Operations
Mining Inspectors enforce regulatory
requirement in Mines and Mining Refineries
As per P & P
Enforcement Activity Asbestos Management
Programs Under Sections 7 & 8 of O.
Reg.278/05
Orders Issued since November 1, 2005 until
February 29, 2008
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Total Number of Orders under 278/05 all sections:
Orders under Section 7 (Nov. 1/05 – Nov. 1/07)
Orders under Section 8 (Nov. 1/07 – Feb. 29/08
1079
265
78
Orders Issued under O. Reg. 278/05
Orders Issued since November 1, 2005 until March
31st , 2008
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Total Number of Orders under 278/05 all sections:
Orders under Section 7 (Nov. 1/05 – Nov. 1/07)
Orders under Section 8 (Nov. 1/07 – Feb. 29/08
Orders under Section 20 (Nov. 1/07 – Mar. 31/08)
1103
265
91
3
Asbestos Abatement Certification
Section 20, O. Reg. 278/05 Requirements
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Applies to all Asbestos Abatement Workers and
Supervisors performing Type 3 Operations, Section
12(4)
Including construction trades performing type 3 work
Workers and Supervisors must be certified as
Asbestos Abatement Training Program approved by
MTCU AAW 253W and AAS 253S
Must hold a Certificate issued by MTCU
Asbestos Abatement Worker Training
Program MTCU 253W
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Type 3 Workers must complete the Asbestos
Abatement Training Program approved by
MTCU 253W
Complete the in-school training component
(16.5hrs)
Must challenge and pass the MTCU Test and
Hold an MTCU Completion Certificate (C&C)
in Program AAW 253W
Asbestos Abatement Supervisor Training
Program MTCU 253S
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Hold a Completion Certificate from MTCU in
the Asbestos Abatement Worker
AAW 253W (16.5hrs)
Complete Basic Supervision Course of
minimum 16 hrs as a prerequisite, CSAO or
other
Complete the MTCU Asbestos Abatement
Supervisor Course (5.5 hrs)
Hold a Certificate issued by MTCU
AAS 253S
Transitional Provision & Equivalency
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Transitional Provision (TP) and Equivalency
Recognition (ER) allows experienced
workers and supervisors to challenge the
Test without taking the Course AAW 253W
and AAS 253S
The TP and ER allows one attempt at the
Test
If they fail the test the must take the MTCU
approved in-school training and then
challenge the Test
Transitional Provision & Equivalency
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The TP is available to experienced Ontario
Workers and Supervisors until November 1st
2008
For ER there is no expiry date
Experienced Workers must satisfy certain
criteria including proof of performance of a
minimum of 1000 hours of Type 3 work
Work performed prior to November 1st 2007
Certification Process
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The Employer or joint local union must apply to
MTCU for signing authority (SA)
Time allowed 2-4 weeks
Upon approval the SA must register the
workers and supervisors with MTCU to the
253W and 253S Asbestos Abatement Courses
and
Submit the required paper work
Registration and completion of the Course and
successful completion of the MTCU
Current Status of Certification
Fiscal Year 2007-08 (as of Jan. 28, 2008)
Trade
Signing
Authority
Registered
Certified
Active
253S Asbestos
Abatement
Supervisor
123
157
117
33
235W
Asbestos
Abatement
Worker
136
1231
703
524
TOTAL
259
1388
820
557
Testing and Retesting
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Tests are administered across the Province by
Community Colleges approved by MTCU
After two unsuccessful attempts the worker or
supervisor must take the in-school training
component of the program again and re-attempt
the test
Workers under TP or EP who fail the test must take
the in-school training after failing the first time.
Readers, translators and interpreters are allowed
The Colleges must be informed ahead of time to
obtain information on the accommodation policy
Enforcement and Compliance under
Section 20, O. Reg. 278/05
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Every Worker and Supervisor performing
a type 3 operation must complete the
AAW Training Program 253W or 253S
A Completion Certificate issued by MTCU
showing that worker or supervisor has
successfully completed the program is
conclusive proof for the purpose of
Section 20
MTCU C of C
Questions
?