Proposed Amendments to the Industrial Establishments Regulation

What do offices, factories, shops, restaurants and logging operations have in common?

1. All of these sectors are all regulated by Ontario Regulation 851 (Industrial Establishments; O.Reg 851) under the Occupational Health and Safety Act (OHSA).
2. All of these sectors should prepare for changes created by proposed amendments to O.Reg 851.

The Ministry of Labour (MOL) has proposed several changes to O.Reg 851 to help reduce the number of injuries and fatalities that occur in Ontario workplaces. The proposed amendments will include significant changes to fall protection regulations as the MOL aims to create consistent application of regulation across Ontario workplaces.

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Same hazards, same regulatory protections

The MOL has stressed that the proposed changes will give all workers exposed to a hazard the same protection, regardless of their industry.

What are the proposed changes?

• Increased fall protection equipment and training requirements similar to existing requirements set out for construction projects in O.Reg. 213/91
• New requirements for risk assessments and traffic management programs similar to recent amendments to O.Reg 854
• Add new, specific requirements for storage racks and for high visibility safety apparel for signallers to improve worker health and safety
• Improve clarity and transparency regarding compliance expectations and to increase alignment between OHSA regulations

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Practical examples

Working at heights training for all workers
Currently, the MOL requires that workers who work at heights greater than 10 feet on a construction site must complete an MOL-approved Working at Heights training to learn safe fall prevention practices, including use of appropriate fall protection equipment. We have had many clients asking us questions such as “does my workplace constitute a construction site?” and “what if I only work at heights infrequently?” The proposed changes to O.Reg. 851 could include enhanced protections for all workers who work at heights regardless of their industry or workplace. For example, a maintenance worker at a school or retirement home may be required to complete MOL-approved working at heights training. Employers would also be required to develop written procedures for inspection of fall protection equipment, types of protection required, and for rescuing a worker whose fall is arrested.

Workplace risk assessments
The proposed changes could require employers to adopt a risk-based approach to control hazards. This could include requiring regular workplace inspections and developing a written policy to identify hazards, as well as measures to control risks and eliminate hazards. There are currently no requirements for risk assessments in O.Reg 851. The proposed changes would apply to workplaces with 20 or more employees and would require employers to perform annual risk assessments.

High visibility safety apparel
Similar to working at heights regulations, there are specific requirements for signallers on construction projects to wear high visibility clothing. The proposed changes to O.Reg. 851 would extend these protections to workers in all sectors covered by the regulation. This includes requirements for the types of apparel required in different situations.​

Questions?

Not sure where to start? Contact us today to schedule a workplace health and safety training audit.

Comments about proposed changes?

You can download the MOL proposal document here. Comments should be sent directly to the MOL by April 6, 2018 via email at [email protected] or by fax to 416-326-7650 or by post to:

Industrial Establishments Regulation Amendment Project
Health and Safety Policy Branch Ministry of Labour
400 University Avenue, 12th Floor
Toronto ON M7A 1T7

​​Last updated March 12, 2018