SEPTEMBER 12, 2007 - ONTARIO REGULATION 278/05

Ontario Regulation 278/05 requires that all buildings, with the exception of owner-occuped residences have an asbestos survey and management plan by November 1, 2007. The regulation provides specific instructions with respect to sampling and analysis and requires that the survey be updated every year.

Asbestos Hazards in Buildings

Asbestos is a fibrous silicate mineral that was once widely used in building materials and if inhaled can prove hazardous to human health. Most uses were phased out about 1980, but some products were available into the early 1990s and continue to be available. Materials at risk of containing asbestos include spray-on fire-proofing and insulation, acoustic tiles and plaster, texture coat plaster, vinyl flooring, roof felt and patch compound, cement siding and pipe, pipe insulation and drywall joint compound. Asbestos presence can be positively identified only by laboratory analysis.

Most buildings built prior to the early 1980s likely have some asbestos-containing materials and it may also be present in more recent buildings. Asbestos in a building has implications to owners and occupants. Where buildings contain friable asbestos (i.e., asbestos that can be crumbled and made into dust) in poor condition, it must be removed or encapsulated. Non-friable asbestos is very common and usually less of a problem and is dealt with by identification and a management system to notify potentially exposed workers. At demolition or renovation, asbestos materials must be identified, removed and disposed of under strict health and safety controls. The requirements of this process can be specified, and costs estimated by, asbestos consultants and contractors prior to work beginning.

The presence of asbestos in buildings is generally a maintenance issue. It is a common building material and can be managed in place in most cases. However, its presence will increase costs during renovation, building maintenance, and demolition and people planning this work should be aware of its presence. If well maintained, asbestos containing materials do not affect the health and safety of the building occupants and do not affect ongoing use of the building.

Ontario Asbestos Management Regulations

Section 30 of the Ontario Occupational Health and Safety Act, requires Owners to identify all designated substances (such as asbestos) prior to beginning a “project.” They are also required to submit this information to any bidders of the work. Exposing workers to asbestos where that could reasonably be prevented can result in substantial fines, work stoppage and may affect WSIB rates. Not identifying asbestos prior to a project may also add costs for delays and extra works.

Three pieces of legislation currently regulate asbestos and asbestos wastes in Ontario:

• Ontario Regulation R.R.O. 837 - of the Occupational Health and Safety Act identifies asbestos as a designated substance and details the responsibilities of employers to protect workers.
• Ontario Regulation R.R.O. 278/05 - details instructions for construction, building and repair projects that are likely to encounter asbestos. This regulation is the primary document governing asbestos and its control within buildings and building projects.
• Ontario Regulation 347, Section 17 - of the Ontario Environmental Protection Act deals with how asbestos waste is to be handled, transported and disposed.

Actions Required At This Time

Ontario Regulation 278/05 requires an asbestos survey and management plan for all buildings (except owner occupied residences). The regulation has specific survey requirements regarding the sampling and analysis of asbestos. The survey is to be updated annually and is to be provided to people who may be exposed. A rough guide for an asbestos survey cost is $0.10/ square foot but may be significantly more or less depending on the type of building. An asbestos management plan details the work required based on the survey, roles and responsibilities of various parties and emergency conditions. For a specific price of the work required at your building please contact PGL to discuss the details. PGL has the experience and resources required to cost effectively assist you in managing asbestos in your building.