Canada Gazette, Part I, Volume 157, Number 43: Regulations Amending Certain Regulations Made Under the Canada Labour Code

October 28, 2023

Statutory authority
Canada Labour Code

Sponsoring departments
Department of Employment and Social Development
Department of Indigenous Services
Department of Natural Resources
Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Five occupational health and safety regulations (OHS regulations) under the Canada Labour Code (the Code) require updating. The hazardous substances sections of the following OHS regulations are outdated and contain unclear language which may lead to misinterpretation and contribute to a reduction in the health and safety protection provided to employees within federally regulated workplaces:

  • Part X of the Canada Occupational Health and Safety Regulations (COHSR),
  • Part 5 of the Aviation Occupational Health and Safety Regulations (AOHSR),
  • Part 20 of the Maritime Occupational Health and Safety Regulations (MOHSR),
  • Part VII of the On Board Trains Occupational Health and Safety Regulations (OBTOHSR), and
  • Part XI of the Oil and Gas Occupational Safety and Health Regulations (OGOSHR).

Description: The Regulations Amending Certain Regulations Made Under the Canada Labour Code ( the proposed Regulations) would establish new regulatory requirements for exposure to nanomaterials, thermal stress, non-solar ultraviolet (UV) radiation and radon, and provide an approach for situations where exposure threshold limits have not been established. Additionally, the proposed Regulations would update references to incorporated standards, harmonize record-keeping requirements and clarify air-sampling requirements. Consequential amendments to the Administrative Monetary Penalties (Canada Labour Code) Regulations (AMPs Regulations) would also be made to ensure enforcement of health and safety provisions under Part IV of the Code.

Rationale: This proposed Regulations would protect the health and safety of employees exposed to hazardous substances in federally regulated sectors by addressing current gaps in the OHS regulations under the Code.

Consultations have been extensive; in the most recent stakeholder consultation in 2022, union stakeholders expressed broad support while one employer stakeholder expressed concerns.

The total estimated costs of this regulatory initiative are $70M in present value (PV) over the next 20 years (2023–2042), with total benefits estimated at $96.4M (PV). The net impact is positive, estimated at $26.4M (PV).

The proposed Regulations would support regulatory cooperation and alignment across Canada and with the United States. Federal, provincial and territorial governments have identified exposure levels to hazardous substances as an area where regulatory reconciliation could be achieved as occupational exposure limits vary across Canada.

The United States has regulations at both state and federal levels, and the proposed Regulations would align both Canada’s regulations and the United States (U.S.) rules regarding exposure limits to nanomaterials, thermal stress, UV radiation, and the retention time for records of employee exposure to hazardous substances.

Issues

Part II of the Canada Labour Code (the Code), and the regulations made under that Part, specify the occupational health and safety (OHS) requirements for hazardous substances. The hazardous substances sections of five OHS regulations are outdated and do not contain requirements for protection from nanomaterials, thermal stress, and non-solar ultraviolet (UV) radiation. Radon requirements and methodologies used to reduce exposure in situations where exposure threshold limits have not been established are either outdated or absent from the OHS regulations. Some regulations contain static references to standards that are out of date or obsolete, contain inconsistent record-keeping provisions and have unclear air-sampling requirements. Compliance with obsolete standards or unclear provisions on the part of employers may present risks to the health and safety of employees. The proposed Regulations would improve health and safety standards related to hazardous substances in workplaces under federal jurisdiction.

Background

The Labour Program of Employment and Social Development Canada (Labour Program) seeks to promote and sustain stable industrial relations and safe, fair, healthy, equitable and productive workplaces under federal jurisdiction. This is accomplished by administering the Code, which establishes the regulatory framework for occupational health and safety in federally regulated workplaces. Part II of Code applies to all federally regulated workplaces, which employ approximately 1.3 million employees or about 8% of the Canadian workforce. These workplaces include air, rail, road, and marine transportation, pipelines, banks, telecommunications, broadcasting, postal and courier services, grain elevators, feed and seed mills, uranium mining, Crown corporations, First Nations band councils, Parliament, and the federal public administration. The Hazardous Substances section of five OHS regulations would be amended as a result of the proposed Regulations.

Employers under federal jurisdiction have a general obligation to ensure that the health and safety of every person they employ is protected while they are working. Employers have specific duties regarding each workplace they control and every work activity under their authority. In addition, employers are required to provide employees with the information, education, training, and supervision necessary to ensure their health and safety at work.

Hazardous substance is defined in the Code as “includes a hazardous product and a chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the safety or health of a person exposed to it.” The Hazardous Substances section of five OHS regulations specifies requirements for hazardous substances used, produced, handled, or stored in the workplace in order to prevent accidents, injuries and occupational diseases related to them.

The Labour Program began reviewing Part X of the COSHR in 2009 after the Regulatory Review Committee (RRC), comprised of external employers (60% of which represented the transportation and communications sector), employee representatives and Labour Program representatives, identified several aspects of the regulations that were outdated. The scope of this initiative expanded in 2021 to include the four other OHS regulations under the Code that also have provisions for hazardous substances to ensure consistency and harmonization.

Nanomaterials, thermal stress and non-solar UV radiation are all considered hazardous substances that exist in federally regulated workplaces; however, safety requirements for these products do not currently exist in the OHS regulations under the Code.

Nanomaterials

Engineered nanomaterials, such as those identified in CSA Standard Z12885, Nanotechnologies — Exposure control program for engineered nanomaterials in occupational settings (CSA Z12885), are hazardous chemical substances which are smaller versions of existing particles and can have dimensions in the nanoscale. In the nanometre range, particles exhibit different chemical and physical properties than their larger counterparts and tend to exhibit unique electromagnetic behaviours. These and other characteristics of nanomaterials cause them to interact with living systems differently than larger particles.

Employees risk exposure to nanomaterials via inhalation, skin absorption, or ingestion because of their extremely small size. In occupational settings, inhalation is the most likely route of exposure. Nanomaterials have the potential to cause negative health impacts, for example by inducing inflammatory pathways. The small size of nanomaterials allows them to invade immunological defences that other contaminants may not.

Some federally regulated industries which are currently known to handle nanotechnologies include, but are not limited to, aircraft servicing, pipeline manufacturers, research laboratories, communication industries, as well as the road and rail transportation industry.

Thermal stress

Thermal stress is the effect of adverse temperature conditions on the body. This can refer to exposure to both extreme hot and cold temperatures. The severity of adverse temperature conditions on the body depends on the degree to which core body temperature deviates from normal body temperatures of 36–37 °C.

Workers exposed to hot working environments are at risk of heat-related illnesses from an increased bodily temperature. If a worker’s body temperature exceeds normal body temperature and reaches critical levels, they can experience heat-related illnesses, such as heat cramps, heat exhaustion, fainting, rashes, heat stroke, and potentially death.

Workers exposed to cold working conditions are at risk of cold-related illnesses as a result of decreased bodily temperatures. As a worker’s body temperature drops below normal, hypothermia can start to set in leading to confusion, poor coordination, loss of consciousness and potentially death. Frostbite can occur when the skin is exposed to cold temperatures or contact with cold objects and can cause irreversible tissue damage.

Non-solar UV radiation

UV radiation is electromagnetic and is transmitted in the form of waves (similar to visible light), radar signals and radio broadcast signals, and can come from many sources. The sun is the main source of UV radiation and regulations to protect worker health and safety to solar UV exposure already exist under personal protective equipment provisions in the OHS regulations.

Non-solar sources of UV radiation that pose occupational health and safety issues include several types of UV lamps, arc welding, and mercury vapour lamps, which are utilized in a variety of industrial workplaces. There are currently no requirements in the OHS regulations to protect federally regulated workers from non-solar UV radiation.

Repeated exposure to UV radiation without adequate protection may lead to acute health effects. UV radiation is a known cause of skin cancer, skin aging, and eye damage, and may affect the immune system. The most serious long-term effect of UV radiation is the development of skin cancer. Overexposure of UV radiation to the human eye may lead to inflammation of the cornea and the conjunctiva; these conditions are more commonly known as “snow blindness” or “welder’s flash.” Symptoms range from mild irritation to severe pain and possibly irreversible damage.

The damaging effects of UV radiation are well documented as health and safety hazards in occupational settings, some of which may be federally regulated workplaces.footnote 1 Welders in transport garages and vehicle maintenance shops who engage with arc welding techniques are at the highest risk of non-solar UV radiation exposure.footnote 1 This is because arc welding generates enough heat that intense UV light is emitted.

Non-solar UV radiation is also widely used in medical and dental practices for a variety of purposes, such as killing bacteria, creating fluorescent effects, curing inks and resins, and phototherapy.

Radon

Radon is a radioactive gas produced by the decay of uranium found in soil, rock, or water. It is invisible, odourless, and tasteless, emits ionizing radiation, and moves freely through the soil, allowing it to escape to the atmosphere or seep into dwellings. When radon is confined to enclosed or poorly ventilated spaces, it can accumulate to high levels.

Radon enters the body through inhalation and fixates in the lungs, where it can damage the cells lining the respiratory system. The radioactive decay products of the radon emit alpha particles that are damaging to these tissues. Exposure to radon is linked to increased risk of developing lung cancer. In Canada, it is the second-leading cause of lung cancer after smoking and the primary cause of lung cancer in non-smokers. The risk of developing lung cancer from radon depends on the concentration of radon and the length of exposure time.

The current radon exposure limit set out in the OHS regulations is not consistent with Health Canada’s guidelines. Part X of the COHSR and Part VII of the OBTOHSR currently require that federally regulated employees not be exposed to more than 800 Becquerels per cubic metre (Bq/m3) of radon on average over a given year in the workplace. Health Canada, in consultation with the Federal Provincial Territorial Radiation Protection Committee, modified the guidelines to lower the threshold for acceptable levels of radon in a dwelling from 800 Bq/m3 to 200 Bq/m3 due to scientific studies that conclusively linked the risk of developing lung cancer to levels of radon. Health Canada also recognized that other jurisdictions in the world including Australia, China, Germany, and the United Kingdom set radon exposure levels at 200 Bq/m3. The new proposed requirements for radon testing and mitigation would affect all workplaces covered by the Code where radon is present.

Maximum exposure limits

Maximum exposure limits for some hazardous substances already exist in the current OHS regulations. For example, the COHSR specifies concentration limits for airborne grain, flour dust and asbestos fibres. However, limits are not specified for all hazardous substances, and the absence of limits may suggest to employers that some substances are not hazardous. As a result, employees may be exposed to dangerous levels of an airborne hazardous substance not explicitly listed in the OHS regulations under the Code.

The American Conference of Governmental Industrial Hygienists (ACGIH) is a charitable scientific organization that advances occupational and environmental health. It publishes Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs) annually, the most internationally accepted document outlining exposure limits. The ACGIH states that all exposures to hazardous substances must be kept “as low as reasonably achievable” (referred to as the ALARA principle), taking into consideration economic and social factors. This publication is currently referenced in the five OHS regulations to address exposure to airborne grain, flour dust and asbestos fibres.

Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs)footnote 2are terms used by the ACGIH. TLVs refer to “airborne concentrations of chemical substances and represent conditions under which it is believed that nearly all workers may be repeatedly exposed, day after day, over a working lifetime, without adverse health effects.” BEIs are “guidance values for evaluating biological monitoring results. Biological monitoring provides an important means to assess exposure and health risk to workers. It entails measurement of a chemical determinant in the biological media of those exposed and is an indicator of the uptake of a substance.” TLVs and BEIs are important as they are used to evaluate and control potential workplace health hazards and specifically to make recommendations about hazardous substances.

Standards incorporated by reference, record keeping, and air-sampling guidelines

Standards

Standards organizations exist worldwide, and their main role is to create and maintain technical standards. These standards create consistency for terminology, test methods, and codes of practice, to name a few, for manufacturers, professional organizations, and governments. Standards are developed for a variety of sectors, including construction and infrastructure, fire protection, and occupational health and safety. Incorporating these standards by reference ensures that Canadian regulations remain consistent with those of the rest of the world. The Labour Program has qualified individuals who participate in standards association technical committees for those standards that are referenced in the five OHS regulations. This allows the Labour Program to provide feedback and to ensure the standard covers specific information when the standard is referenced in regulation.

In Canada, the CSA Group comprises two organizations: Standards Development, and Testing, Inspection and Certification. Standards Development is a not-for-profit standards development organization and Testing, Inspection and Certification provides global testing, inspection, and certification. Both organizations have technical committees that develop and update standards through a consensus-based process. The membership of a CSA Group Technical Committee consists of four categories: General Interest, Producer Interest, Regulatory Authority and User Interest. The general interest group includes representatives of academic or scientific background; the producer interest group includes representatives involved with manufacturing, retailing or distribution; the regulatory authority group includes regulators at any level of government; and the user interest group includes those representing consumer interests. The Labour Program participates in the Technical Committees as a member of the regulatory authority group. The standards developed by the Technical Committees are subject to review within five years from the date of publication.

The Standards Council of Canada (SCC) is a separate entity from the CSA Group and was created by the Government of Canada as a Crown corporation in 1970 with a mandate to promote standardization in Canada. The SCC leads and facilitates the development and use of national and international standards and accreditation services. Canadian and international standards that are incorporated by reference in the OHS regulations are reviewed by the SCC as a rule of thumb every five years. The review process confirms that the content of a standard is current, and the standard is reaffirmed, or the review process prompts the need for a revision to be released.

The OHS regulations contain many references to incorporated standards. References to standards related to fire protection, ventilation, and ionizing and non-ionizing radiation are static in that they refer to a specific, dated version and are out of date or obsolete. Amending the references to refer to the most recent version of the standard (to be “ambulatory”) would ensure that the proposed Regulations remain up to date. This would be beneficial, as the most recent version of the standard would automatically be referenced in these regulations without having to amend the actual regulations.

Six standards, listed here, are referenced in the OHS regulations and are unilingual. There are no official French translations.

The Labour Program continues to utilize these unilingual standards as the information they contain is widely regarded by the international community as being the most predominantly used standard in their respective sectors. Should relevant and internationally recognized bilingual standards become available, the Labour Program will review those standards and reference them if appropriate. This is currently not the case.

Record keeping

The five OHS regulations presently require employers to maintain records of hazard investigations and air sampling reports, but there is a discrepancy between the two requirements with regard to the amount of time that employers must keep reports. Hazard investigation reports must be kept for 30 years, whereas air sampling reports must only be kept for 3 years under four of the OHS regulations (the COHSR, the MOHSR, the AOHSR and the OBTOHSR) and two years under the OGOSHR. Because some chemicals have a long latency period before adverse effects are manifested, the effects of airborne hazardous substances may not be known until well into the future. Harmonizing the record-keeping requirements of the five OHS regulations by extending the record-keeping period for sampling reports would facilitate internal investigations into incidents of occupational illness that could occur years after an incident or known exposure.

Air-sampling guidelines

The five OHS regulations require air sampling to be undertaken where a worker may be at risk of exposure to airborne chemical agents. However, the regulations do not specifically direct employers to take air samples from the breathing zone where the employees are most likely to be exposed to the highest concentration of the airborne chemical agent. This results in employers not taking air samples in areas of the workplace that are most important for worker health and safety. Additionally, the regulations and their referenced standards do not provide clear direction to employers as to which sampling method to employ for measuring air samples against specific threshold limit values. As a result, employers frequently do not differentiate between types of threshold limit values and employ incorrect sampling techniques, which render the measurements invalid for the purposes of the hazard investigation.

Based on completed sampling reports that summarize the sampling techniques used, and the results, the Labour Program identified several occasions where the appropriate sampling technique was not followed. This resulted in the need to redo the sampling at the cost of the employer.

Stakeholder consultations revealed the need to clarify the duration of sampling required and the sampling technique to be used as prescribed for airborne chemical agents.

Objective

The objective of the proposed Regulations is to protect the health and safety of employees in federally regulated workplaces by limiting their exposure to hazardous substances. This will be accomplished by introducing new regulatory requirements for exposure to nanomaterials, thermal stress, non-solar UV radiation, and radon; providing a methodology for situations where exposure threshold limits have not been established; updating references to incorporated standards; harmonizing record-keeping requirements; and clarifying air-sampling requirements.

Description

These proposed Regulations would amend the hazardous substances requirements for the following five OHS regulations under the Code:

Additionally, these proposed Regulations would also amend the Administrative Monetary Penalties Regulations (AMPs Regulations).

The amendments would introduce new requirements for nanomaterials, thermal stress, and non-solar UV radiation; harmonize radon levels with Health Canada guidelines; provide a methodology for situations where exposure threshold limits have not been established; update references to incorporated standards from static to ambulatory; and revise record-keeping and air-sampling requirements.

To ensure these requirements are enforceable through administrative monetary penalties (AMPs), consequential amendments would be made to the AMPs Regulations.

New requirements for nanomaterials

The proposed Regulations would amend the five OHS regulations to require employers to establish an engineered nanomaterial exposure and prevention control program in accordance with the CSA Standard Z12885 standard when such nanomaterials are present in the workplace. This standard describes elements of hazard identification, preventative and protective measures, and specifies proper work procedures and training needs. It also provides guidance on health and safety practices in occupational settings relevant to nanotechnologies. It focuses on the manufacture and use of engineered nanomaterials in workplaces.

Since the CSA Z12885 standard is updated regularly to keep current with changing technology, it would be incorporated as an ambulatory reference. Where insufficient or inconclusive data on a new nanomaterial exists, employers would be required to take precautionary measures as indicated in the standard to prevent or minimize harm in circumstances where there is uncertainty about the exact nature and extent of the risk.

New requirements to control thermal stress

The proposed Regulations would amend the five OHS regulations to require employers, in consultation with the workplace committee, the health and safety representative, or the policy committee, as appropriate, to develop and implement procedures for the monitoring and control of thermal stress.

These procedures would address the following:

In developing and implementing the procedures for monitoring and control of thermal stress, employers would need to comply with the ACGIH publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), which would be incorporated by reference. This standard specifies exposure limits for heat stress, heat strain and cold stress and includes upper- and lower-bound temperature limits that an employee must not be exposed to in the workplace. The reference to the standard would be ambulatory, meaning that employers would need to comply with the most updated version of the standard.

New requirements for non-solar UV radiation

The proposed Regulations would amend the five OHS regulations to require that employees be kept free from exposure to UV radiation with a wavelength in air ranging from 180 to 400 nanometres (nm) inclusive — other than solar radiation — if the level of radiation exceeds the levels indicated in the ACGIH publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs). This publication specifies the maximal exposure level of a worker to UV radiation and would be incorporated by ambulatory reference.

Harmonization of the radon requirement

The proposed Regulations would amend the acceptable level of radon and set it to 200 Bq/m3 in the COHSR to be consistent with Health Canada’s guidelines and would add it to the OGOSHR. The radon requirement is not in the MOHSR or the AOHSR, as radon exposure is not an issue in these workplaces. The proposed Regulations would repeal the radon limit from the OBTOHSR, as radon exposure is not an issue on board trains.

New maximum exposure limits requirement

The proposed Regulations would amend the five OHS regulations to require employers to ensure that the concentration of any airborne chemical substances, where a set threshold limit value has not been established by the ACGIH, be kept as low as feasible if employees are exposed to them.

Update references to standards

The proposed Regulations would update the references to currently incorporated standards and change the type of reference from static to ambulatory. As indicated, ambulatory references refer to the most up-to-date version of the standard, and regulated parties are expected to comply with the most current version.

The following references related to fire protection, ventilation, and ionizing and non-ionizing radiation would be updated.

The COHSR

The MOHSR

The OGOSHR

The OBTOHSR

The AOHSR

Record-keeping requirements

The proposed Regulations would harmonize the hazard investigation and air sampling report retention time in the five OHS regulations by requiring the employer to maintain records of air sampling for internal use for 30 years. In addition, the proposed Regulations would require employers to keep and maintain records of hazardous substances used by contractors.

Air sampling

The proposed Regulations would clarify the current air-sampling requirements in the five OHS regulations by adding detailed instructions on where and how often the air samples should be taken. The proposed method is specified in the unilingual NIOSH Occupational Exposure Sampling Strategy Manual, which would be incorporated by ambulatory reference. The proposed Regulations would require that samples be taken where there is the likelihood of a concentration of an airborne chemical agent or in the breathing zones of highly exposed employees. The proposed Regulations specify the names of the equipment to be used for sampling, as well as the equipment’s detection limits, flow rate and sampling time. The proposed Regulations will also require that when recording the sampling and testing instrument used, the names and precision of the equipment (i.e. all measurements will have results that are close to one another), its detection limits and flow rates, and the sampling duration for each test, be included in the record.

Removal of outdated requirements

The proposed Regulations would

In addition, the proposed Regulations would

Regulatory development

Consultation

In 2009, the RRC identified Part X of the COHSR as a priority for review. As a result, a working group was created and reviewed Part X of the COHSR in depth between 2009 and 2014. Members met 18 times and reached a consensus on each element of proposed regulatory amendments that at the time would only amend the COHSR.

In 2014, the RRC was amalgamated with the Labour Operations Practices Committee to form the Occupational Health and Safety Advisory Committee (OHSAC). In 2021, the scope of this regulatory initiative expanded to include the four other regulations under the Code that also have provisions for hazardous substances, to ensure consistency and harmonization. As a result, further consultations with the Occupational Health and Safety Advisory Committee took place in June 2022. The proposed Regulations and the expanded scope were presented to OHSAC members and were met with a positive response. Following this meeting, OHSAC members were given a period of 31 business days to provide the Labour Program with any applicable questions they may have regarding these amendments.

The Labour Program received comments from five stakeholders as a result of this consultation: one employer and four unions. The employer expressed concerns regarding the adoption of new standards. They suggested that the new standards would create confusion and that the current requirements under the OHS regulations were sufficient. They were also concerned that the new maximum exposure limits will place further technical burden on employers.

The four unions were broadly supportive of the amendments, as they would further protect worker health and safety. Concerns were raised, however, regarding the enforcement of the new requirements. There was also concern that the limits or practices within the newly referenced standards would not be mandatory.

With respect to the referencing of new standards, the new requirements would specify which limits and practices within the standards are mandatory. Enforcement of the proposed Regulations to the OHS regulations would be maintained through existing approaches. These approaches include educating and counselling employers on their obligations, seeking an assurance of voluntary compliance from the employer, or issuing a compliance order to cease the contravention and take steps to prevent its reoccurrence. To address more serious or repeated violations, an administrative penalty may be issued.

Modern treaty obligations and Indigenous engagement and consultation

An assessment of modern treaty implications conducted in accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation concluded that the proposed Regulations would not disproportionally impact modern treaty holders. As a result, specific engagement and consultations with Indigenous Peoples were not undertaken. However, in their role as employers, First Nation band councils would need to ensure that their buildings comply with the proposed Regulations. The prepublication comment period, which will be open to all Canadians, will provide an opportunity for Indigenous Peoples to provide feedback on the proposed Regulations.

Instrument choice

Providing increased protection to employee health and safety where there is exposure to nanomaterials, thermal stress, non-solar ultraviolet radiation, radon and chemical substances when exposure threshold limits have not been established could only be accomplished through amendments to the federal OHS regulations. In addition, updating references to incorporated standards, harmonizing record-keeping requirements and clarifying air-sampling requirements could only be accomplished through amendments to the federal OHS regulations. Therefore, no other instruments were considered.

Regulatory analysis

Benefits and costs

Summary

The total estimated costs of this regulatory initiative are $70M in present value (PV) over the next 20 years (2023–2042), with total benefits estimated at $96.4M (PV). The net impact is positive, estimated at $26.4M (PV). The amendments will have uneven impacts across the Canadian federal jurisdiction. Four provisions account for a significant share of the monetized impacts:

Below, the impacts of the new requirements in the regulations are summarized and fall into the following categories:

  1. Lowering allowable radon levels
  2. Monitoring and control of thermal stress
  3. Nanomaterial provisions
  4. Standards incorporated by reference.
  5. Non-solar UV radiation
  6. Maximum exposure limits
  7. Record keeping for toxic substances
  8. New air-sampling guidelines
1. Lowering allowable radon levels

Consultations regarding the costs and benefits associated with the new radon provisions were held with officials from the Radon Protection Bureau of Health Canada from 2016 to 2017. As a result of the amendments, approximately 25 000footnote 3 indoor workplaces would have to undergo radon testing over the next 20 years (approximately 23 000 in the first year and 1 700 in years 2 to 20, as a result of employment growth in the federal jurisdiction [FJ] during this period). Of these workplaces, approximately 875 are expected to exceed mean radon concentration levels of 200 Bq/m3 and would require radon mitigation procedures (approximately 814 workplaces in the first year, and an additional 61 workplaces in years 2 to 20 from new businesses entering the FJ in this period).footnote 4 The bulk of the costs is expected to be one-time costs in the first year after implementation (2023), and they are estimated at $15.4M in present value.footnote 5 Costs in subsequent years are lower, averaging about $60,000. Total costs over 20 years, expressed in present value (PV), are estimated at $16M. Federally regulated employees would be subjected to lower levels of radon gases, which would reduce the potential risk of developing lung cancer. The number of at-risk employees is estimated to be at 31 529 in 2023.footnote 6 It is estimated that the new requirements will reduce radon exposure and result in the prevention of 9.93 cases of lung cancer over the next 20 years. Total benefits are estimated at $37.4M (PV) over this period, or $3.5M on an annualized basis.

2. Monitoring and control of thermal stress

The costs related to the development and implementation of procedures for the monitoring and control of thermal stress would be ongoing. Thermal stress can affect outdoor and indoor workers and it is anticipated that the proposed changes would immediately affect 58 000 federally regulated workers in total. At present, there are approximately 45 000 outdoor federally regulated workers affected by outdoor thermal stress conditions, mainly in the rail, telecommunications, energy and air-transport sectors, representing some 200 employers. Letter carriers at Canada Post are not included in this number, as the corporation has already instituted a thermal stress program. The potential of indoor thermal stress currently affects approximately 13 000 federally regulated workers, primarily in the flour and grain milling industries,footnote 7 representing approximately 380 employers in these sectors.footnote 6

Costs for employers to comply with the proposed Regulations monetized over 20 years are estimated at $43.1M (PV) and annualized costs are estimated at $4.1M. The expected improvements in productivity flowing from the new thermal stress provisions, estimated at between 9.5% and 12.5% of labour costs as set out below, would result in approximately $52.3M (PV) in savings over 20 years for all affected employers. Annualized benefits are estimated at $4.9M. Net savings are estimated at just under $867,000 annually.

3. Nanomaterial provisions

Employers will be required to implement a nanomaterials prevention and control program and provide requisite training. This will affect some 1 200 employers and 30 000 likely exposed employees in 2023. Total costs over 20 years, for both the development and implementation of the program, and training of affected employees, stands at an estimated $6.5M (PV), and approximately $611,000 on an annualized basis.

For benefits to break-even with the costs of this provision, a minimum of 24.3 cases of injury/disease related to nanomaterial exposure would have to be avoided over 20 years. This represents a rate of injury/disease reduction from nanomaterial exposure of only 0.05%, or slightly less than one injury per 2 000 exposed workers over 20 years.

4. Standards incorporated by reference

The proposed Regulations include multiple standards incorporated by reference. Costs related to the purchase and translation of newly applicable standards are upfront costs, and these costs accrue only in the first year after implementation of the regulatory amendments. Total costs stand at around $4.5M in 2023, which include $4.2M for stakeholders to purchase the newly applicable standards, and approximately $249,000 in translation costs (if the standards are not already available in French).

5. Non-solar UV radiation

An internal review conducted by the Labour Program in the period from 2009 to 2014 found employers were already following the ACGIH recommendations. In addition, equipment manufacturers tend to update their equipment to conform to the latest standards. As a result, the impact of the proposed Regulations is assumed to be very small.

6. Maximum exposure limits

In the context of maximum exposure limits, costs are estimated as negligible because internal data show that many employers are already complying.

7. Record-keeping for toxic substances

The record-keeping requirements related to air sampling are expected to result in only a very small increase in administrative costs, due to the small number of forms received annually. Total costs over 20 years are estimated at $1,660, with annualized costs of $157.

8. New air sampling standard

The proposed Regulations will include specific instructions related to the sampling of indoor air in order to reduce the number of samples rejected by the Labour Program due to poor sampling techniques. Negligeable costs are associated with this element of the proposed Regulations and would be limited to employees familiarizing themselves with the new standard. This element is expected to provide clarification to employers on the required sampling procedures, which is expected to reduce the number of required re-samples per year and confer a small benefit to affected employers.

Total costs and benefits

The net impact of the proposed Regulations is positive. The net present value (NPV) of the proposed Regulations over the 20-year study (discounted at 7% per year) is estimated at $26.4M. The benefit-to-cost ratio for the proposed Regulations is 1.38. In this case, benefits exceed costs, which indicate economic viability and tangible value to the public.

For more information about the costs and benefits related to the proposed Regulations, the cost-benefit analysis report is available upon request.

Analytical framework

The cost-benefit analysis assesses the benefits and costs of the proposed Regulations (i.e. the regulatory scenario) compared to a scenario where these changes did not occur (i.e. baseline scenario).

Baseline scenario

In the baseline scenario, the limit for radon exposure in regulated workplaces would remain at the current threshold of 800 Bq/m3. Based on an estimated 25 000 total indoor workplaces in the FJ, with an estimated 970 000 workers (assuming an average work site size of around 39 employees in the FJ), this will result in approximately 875 workplaces continuing to expose some 33 000 workers to radon levels over 200 Bq/m3 over the next 20 years.footnote 8 At an average radon level of 399 Bq/m3, this would cause approximately 10 lung cancer deaths over this period.footnote 9

In addition, under the baseline scenario, employers would not be obligated to monitor and control thermal stress hazards, leaving some 48 000 workers exposed to outdoor thermal stress hazards, and approximately 13 000 workers exposed to indoor thermal stress conditions over the next 20 years. Productivity losses linked to working in temperature extremes without these controls are estimated at approximately between 9.5% and 12% during periods of exposure to excessive heat and cold conditions.footnote 10

Finally, under the baseline scenario, the current regulations do not provide updated protections related to non-solar UV radiation, nanomaterials, nor incorporate the ALARA principle, potentially leaving thousands of workers vulnerable to exposure to hazardous substances in the workplace.

Regulatory scenario

The scope of the analysis is limited to the Canadian workplaces subject to Part II of the Canada Labour Code, which encompass approximately 1.3 million Canadian workers, including approximately 29 000 Indigenous workers on First Nation reserves and in Inuit and Metis communities.footnote 6 Within this sector, a subset of employees are affected, depending on the proposed regulatory activity. The analytical period is from 2023 to 2042 with a discount rate of 7%. The base year for costing is 2023 and the present value base year is 2023. All values are presented in 2022 Canadian dollars.

The measures related to radon testing and mitigation would impact the broadest number of stakeholders. Radon gas is present in all buildings, thus potentially affecting all indoor workers. Over the next 20 years, it is estimated that just under 25 000 workplaces will require radon testing, with approximately 875 workplaces requiring radon mitigation because of levels exceeding the new threshold of 200 Bq/m3.

The provisions related to thermal stress would affect approximately 45 000 workers in 2023 (employed by some 200 employers) who work outside, mainly in the railway, air transport, long shoring, communications, energy and mining sectors. In addition, approximately 13 000 employees who currently work indoors would also be affected. Sectors where employees are at significant risk of indoor thermal stress exposure are in the flour and grain industry, representing approximately 380 employers. In total, the thermal stress provisions would immediately affect 58 000 indoor and outdoor workers.

In the context of the new provisions related to nanomaterials, affected industries are mainly in the transportation, communications, energy and public sectors (research laboratories, agriculture, National Research Council, forensic labs of the Royal Canadian Mounted Police). Similar to the affected employee population in the case of non-solar radiation, it is estimated that approximately 30 000 employees working in these industries may be exposed to nanomaterials based on their occupation.footnote 11

Industries affected by new requirements related to non-solar UV radiation exposure include the transportation sector (welders in transport garages and vehicle maintenance shops) and a small portion of the federal public sector (research laboratories engaged in photobiology, photochemistry, or laser materials processing). An internal review conducted by the Labour Program in the period from 2009 to 2014 found that employers were already following the ACGIH recommendations. In addition, equipment manufacturers tend to update their equipment to conform to the latest standards. As a result, the impact of the proposed Regulations would be very small. In addition, the number of employees potentially affected is no more than 11 000 employees.footnote 12

In the context of the application of maximum exposure limits, affected industries are primarily in the transport sector (truck operators, locomotives and bus operators, vehicle and locomotive maintenance personnel, forklift operators and maintenance, custom officers on the bridges between Canada and the United States). However, based on sampling data taken in 2016 measuring effective control measures used in these sectors over five years, most employers were found to be limiting exposure levels to within existing occupational exposure limits/threshold limit values. Therefore, the proposed Regulations would result in minor costs and benefits. These were not estimated. Since industries have been voluntarily adopting the standard, we assume that this is likely to continue. Notwithstanding, regulation is needed to ensure compliance in future, as standards may change, or technologies evolve.

Benefits
Reduction in radon exposure

In order to quantify the risk reduction and associated benefits, the number of at-risk employees for radon exposure (31 529 in 2023) was estimated by multiplying the number of work sites requiring and undergoing mitigation, i.e. the estimated number of work sites with radon levels in excess of 200 Bq/m3 (approximately 814 in 2023footnote 13) by the average work site size (39).footnote 6

A study by Darby et al. found that the cumulative absolute risks for lung cancer by age 75 at 0, 100, 400, and 800 Bq/m3 were found to be 0.41%, 0.47%, 0.67%, and 0.93% in lifelong non-smokers, and 10.1%, 11.6%, 16.0%, and 21.6% in smokers, respectively.footnote 14 A Health Canada study found the average radon concentration for federal buildings with mean radon levels above 200 Bq/m3 was 399 Bq/m3.footnote 15 Extrapolation from the values in the Darby et al. studyfootnote 15 found the overall reduction in lung cancer risk from a decrease in radon levels from 399 Bq/m3 to 200 Bq/m3 was 0.13% for non-smokers and 2.9% for smokers. This excess risk was then adjusted to 0.02% for non-smokers and 0.56% for smokers, in order to reflect actual time spent at the workplace.

The cost-benefit analysis assumes impacts from radon mitigation will not materialize for 10 years after implementation, affecting 32 599 employees in the first 10 years. The number of smokers within this population was estimated at 12.9%.footnote 16 Using the above input parameters, the number of avoided incidences of lung cancer cases resulting from the implementation of the proposed Regulations in years 11–20 was estimated as a total of 9.93 cases of lung cancer avoided in years 11–20, 2.27 cases avoided in non-smokers and 7.66 in smokers.

In addition to an expected reduction in lung cancer incidence, additional benefits were found through applying a Willingness to Pay (WTP) model. A 2002 study conducted by Spiegel and Krewski, using contingent valuation, found that at radon levels of 399 Bq/m3, 17% of survey respondents indicated they had acted to reduce radon exposure. Expressed and revealed preferences of respondents indicating they would, or did, act to reduce exposure, respectively, increased with radon-level exposure and knowledge of the radon guidelines and associated health impacts.footnote 17 For those respondents who did act to reduce radon exposure, they paid an average of $221 for a 100 Bq/m3 reduction in radon levels. Adjusted to 2022 dollars and for a reduction of 199 Bq/m3 (from an average level of 399 Bq/m3 to 200 Bq/m3), this translates into a WTP of $683.34. Factoring in the 33 880 affected workers over 20 years (31 529 in the first year after implementation), and assuming 17% would be willing to pay for a reduction in radon exposure at 399 Bq/m3, total discounted benefits over 20 years from applying a WTP model is estimated at $3.6M.

Total benefits from radon mitigation over 20 years are estimated at $37.4M (PV) or $3.5M on an annualized basis. Annual benefits for the 2033–2042 period (assuming a latency period of 10 years before onset of symptoms), where there are avoided cases of lung cancer, are estimated to average $8.8M per year.

Outdoor thermal stress

The introduction of thermal stress monitoring and controls, and prescribed training for all affected employees, will result in the prevention of productivity losses associated with extreme weather conditions. A study from the state of Washington estimated productivity losses of between 7% and 12% in extreme heat conditions.footnote 18 This means that with monitoring and administrative controls, productivity gains can be expected in the range of 7% to 12%.

To monetize these savings, the number of affected outdoor workers was multiplied by their duration of exposure to extreme heat conditions (140 hours annually), and to extreme cold (16.88 hours annually) in order to calculate the total hours exposed for all employees. This amount was then multiplied by the average hourly salary ($41.86 in 2022), and by the estimated median productivity loss of 9.5%, resulting in a benefit of $3.98 per affected hour worked. Total benefits in the form of productivity gains from these provisions (for both extreme cold and heat exposure) are estimated at $46.8M over 20 years (PV). Annualized savings are estimated at $4.4M annually.

Indoor thermal stress

The main source of benefits related to the mitigation of indoor thermal stress is the recovery of lost productivity. However, expected productivity gains were calculated using the upper limit found in the Washington State study (12%), rather than the median value (9.5%), to account for the fact that it is much easier to control extreme temperature conditions in indoor work environments. Using the same formula as used to calculate the expected savings from the outdoor thermal stress provisions and substituting for the appropriate affected worker population and productivity gains, total productivity benefits are estimated at approximately $5.5M (PV) over 20 years (approximately $518,000 on an annualized basis).

Nanomaterials

Unfortunately, understanding of the health impacts of nanomaterial exposure is still in its infancy, and not much is known regarding their long-term effects. As a result, benefits were assessed using a break-even analysis to highlight the likelihood of a positive net benefit stemming from the mitigation of employee exposure to nanomaterials. Using the Relative Disutility Factors by Injury Severity Level, and Maximum Abbreviated Injury Scale (MAIS) recommended by the United States Department of Transportation (DOT) which monetizes the benefits of avoided injuries by severity level as a fraction of the Value of Statistical Life (VSL), the estimation of a break-even point (in terms of avoided injury/disease) was possible. The MAIS model is summarized in the table below.

Table 1: Relative Disutility Factors by Injury Severity Level (MAIS)table 1 note a
MAIS level Severity Fraction of VSL
MAIS 1 Minor 0.003
MAIS 2 Moderate 0.047
MAIS 3 Serious 0.105
MAIS 4 Severe 0.266
MAIS 5 Critical 0.593
MAIS 6 Unsurvivable 1.000
Table 1 note(s)
Table 1 note a

Table reproduced from the United States Department of Transportation, “Departmental Guidance: Treatment of the Value of Preventing Fatalities and Injuries in Preparing Economic Analyses,” March 2021, p. 10.

Return to table 1 note a referrer

Assuming a conservative estimate that injury/disease due to nanomaterial exposure will cluster around moderate severity, each case of avoided injury/disease has a value of $416,888. Applying this value to the total cost of the nanomaterial provisions, over 20 years, a reduction of 24.3 cases of injury/disease would have to occur to break even. This represents a rate of injury/disease reduction from nanomaterial exposure of only 0.05%, or slightly less than one injury per 2 000 exposed workers over 20 years. It is easy to envisage the probability that the new nanomaterial provisions will have a net positive impact.

Savings from new air-sampling guidelines

The proposed inclusion of specific instructions related to the sampling of indoor air will confer a small benefit to employers. There is an average of six samples rejected by the Labour Program per year, which are required to be resampled by the affected employer. With an average cost per sample of approximately $4,600, it is estimated that the clarification of proper sampling procedures in the proposed Regulations will prevent the necessity to redo these samples, thereby reducing total sampling costs by approximately $28,000 per year (current dollars), and by approximately $314,000 over 20 years (PV).

Total benefits

The total monetized expected benefit from the proposed Regulations is $96.4M (PV) over 20 years, and $9.1M on an annualized basis.

Costs
Radon testing and mitigation

It is estimated that in the first year after implementation, 23 253 workplaces will undergo radon testing; in subsequent years, this falls to an average of around 90 buildings annually, as only new workplace buildings will require testing. In terms of workplaces undergoing radon mitigation, in the first year, approximately 814 workplaces will be subject to mitigation. In subsequent years, this falls to 4 workplaces. It is estimated that 3.56% of work sites (buildings) tested would have mean radon levels above 200 Bq/m3 and will require mitigation. This is based on radon testing findings by Health Canada.footnote 19 Average costs per radon test are estimated at approximately $534, and the costs of mitigation are estimated at approximately $3,717 for the average workplace.footnote 20

Total costs for radon testing and mitigation are estimated at $15.4M in the first year after implementation, with average annual costs in subsequent years estimated at approximately $60,000. Total costs expressed in terms of present value over 20 years are estimated at approximately $16M. Annualized costs over 20 years are estimated at $1.5M.

Outdoor thermal stress

Costs to employers comprise seven main components: training, monitoring, the purchase of protective clothing, the development of an internal reporting protocol, water provision, administrative controls and engineering controls.footnote 21

The cost elements below are based on data provided by Canada Post for their thermal stress program. For these proposed Regulations, the cost of training was estimated at one hour per affected employee (44 698 employees in 2023), with the cost equal to the average hourly wage ($41.86), as employees will not be engaged in regular work activities during the one-hour training session. Monitoring costs are estimated at $295 per affected workplace annually (an estimated 753 work sites in 2023). Annual protective clothing costs are estimated at approximately $107 per employee affected. The cost of developing an internal reporting protocol is estimated at four hours of employee time, per employer (198 employers in 2023), at the average hourly wage, and is considered a one-time cost ($167.43 per employer).

Costs related to administrative controls include additional work rest cycles (work breaks) and water provision. Costs related to these cycles during extreme heat and cold events were assessed as equivalent to the cost of the extra work pauses (hereafter referred to as “breaks”) required (the extra time required in breaks and the wages paid to the affected worker during these work pauses), per the recommended standards.footnote 22 Weather data revealed a weighted average (when accounting for the FJ population distribution across Canadian climatic zones) of approximately 2.5 extreme cold days per yearfootnote 23 and 20 extreme heat days (over 30 degrees) per FJ worker across Canada.footnote 24 Costs are equal to the total number of extra break hours required, in this case one extra hour per day, multiplied by the employees affected and the average hourly wage. In the context of the cost of water provision to affected employers, the study by the state of Washington in 2006 found the median cost to employers averaged approximately $25 USD per day (around 42 Can$ in 2022 dollars) to provide water during extreme heat days.footnote 25 In 2022 Canadian dollars, this translates into $859 per affected employer per year. It is estimated that 90% of employers are already applying these administrative controls and costs were adjusted accordingly.footnote 26

Total costs related to the mitigation of outdoor thermal stress are approximately $4.8M in the first year after implementation and average $3.3M in subsequent years. Total present value is estimated at $38.6M over 20 years, and $3.6M on an annualized basis.

Indoor thermal stress

As in the case with the provisions related to the mitigation of outdoor thermal stress, costs to employers comprise similar components (with the exception of protective clothing and water provision).

The cost of training was estimated at one hour per affected employee (12 792 affected employees in 2023), multiplied by the average hourly wage ($41.86) for a total training cost of approximately $535,473. Monitoring costs are estimated at $147 per affected work site annually (469 work sites in 2023).footnote 27 The cost of developing an internal reporting protocol is estimated at four hours of employee time, per employer (198 employers in 2023), at the average hourly wage, and is considered a one-time cost ($167.44 per employer). These costs are based on data provided by Canada Post.

It is estimated that administrative controls for affected indoor environments (grain and flour mills) will only need to be applied during periods of outdoor heat extremes, as indoor thermal stress conditions are heavily influenced by outdoor temperatures. As a result, it is estimated that administrative controls will be required for a total of four weeks (160 working hours annually). Administrative controls are estimated at an extra half hour break per workday, half the amount required for outdoor thermal stress conditions, because engineering controls, such as fans and heating, ventilating and air conditioning (HVAC) systems, which are expected to already be in place at these workplaces, are more effective in indoor environments. Costs specifically related to engineering controls are negligible, as HVAC systems, temporary equipment, shields, insulation, and fans to reduce exposure are likely to be already installed in indoor work environments.

Total present value for the provisions related to indoor thermal stress is estimated at approximately $4.4M over 20 years and $419,000 on an annualized basis.

Maximum exposure limits

Based on sampling data measuring effective control measures used in affected sectors (primarily in the transport industry) over five years, most employers were found to be limiting exposure levels to within existing occupational exposure limits/threshold limit values. Therefore, the proposed Regulations result in minor costs and benefits. These were not estimated. Since industries have been voluntarily adopting the standard, it is assumed that this is likely to continue.

Purchasing and translation of applicable new standards

Costs related to the purchase and translation of newly applicable standards are upfront costs and these costs accrue only in the first year after implementation of the regulatory amendments. Total costs stand at around $4.5M in 2023, which include $4.2M for stakeholders to purchase the newly applicable standards, and approximately $249,000 in translation costs (if the standards are not already available in French).

It is anticipated that all affected employers will purchase the standards that are now applicable in the proposed Regulations, if they are not available for free, at a total cost of approximately $688 per employer in the off-board federal jurisdiction. Employers in the on-board oil and gas and rail sector will accrue additional costs of $187 (for standards that are currently ambulatory in the Canada Occupational Health and Safety Regulations, the Aviation Occupational Health and Safety Regulations and the Maritime Occupational Health and Safety Regulations, but not in the proposed Regulations specific to these industries).footnote 28 In total, this will affect approximately 5 460 employers in the off-board sector, and 650 employers in the on-board sector (which includes the 33 firms in the on-board rail, and oil and gas sectors that will have to purchase and translate an additional three standards that are not currently ambulatory in the OHS regulations specific to their industries).

It is assumed that each of the 17 industry sector associations in the federal jurisdiction would provide translation services, so as not to burden each employer with the costs themselves and impose any unnecessary duplication in costs for membership employers. Most of the standards referenced are published by American industrial associations and only in English. The standards that require translation contain together a total of 2 629 pages of text (1 308 for the on-board sector, and an additional 1 321 for the oil and gas and on board rail sectors). At approximately $10 a page, this translates into roughly $249,000 in translation costs. It is estimated that approximately 15% of employers would require translation into French, which is based on the proportion of employers in the federal jurisdiction based in Quebec (approximately 18%),footnote 29 and adjusted by three percentage points to account for the fact that not all firms would find it necessary to bear these costs and translate the standards into French for two reasons: the high rate of bilingualism amongst French speakers in Quebec, and the relatively high cost of translation for smaller firms.

Nanomaterials

The cost to develop a nanomaterials prevention and control program (NPCP) is composed of several components: hazard identification, preventative and protective measures, development of proper work procedures and an assessment of training needs. Drawing on findings from previous cost-benefit studies on the costs of similar hazard prevention programs under federal OHS regulations, it is estimated that each of these components will take approximately 6 hours per one full-time equivalent (FTE) employee.footnote 30 Since there are four unique components, the NPCP will take 24 hours (per FTE) to develop per employer.

The majority of employees exposed to nanomaterials are in the transport, communications and energy sector, with a handful in the federal public sector. It is estimated that in 2023, a total of approximately 2 000 employers will be affected. Costs to develop the program are highest in the first year, estimated at approximately $1.2M after implementation of the proposed Regulations. Total costs (PV) over the 20-year cost-benefit period are approximately $2.7M and $253,000 on an annualized basis.

In addition, employees will require training and refresher training every 3 years. Training will consist of the proper use of safety equipment to prevent exposure to nanomaterials and is estimated to take one hour to complete per employee, with an additional half hour refresher training every 3 years. Currently, an estimated 30 000 employees in the FJ are likely to be exposed to nanomaterials and will require training. Costs are measured as opportunity costs and are equal to the time to take the training multiplied by the average hourly pay in the FJ of $41.86 per hour. Costs are highest in the first year after implementation of the proposed Regulations, as all affected employees require training, and are estimated at approximately $1.3M. Total costs for training are approximately $3.8M (PV) over 20 years and $358,000 on an annualized basis.

Total costs over 20 years, for both the development and implementation of the prevention and control program, and training of affected employees, are an estimated $6.5M (PV) and approximately $611,000 on an annualized basis.

New record-keeping requirements for toxic substances

The record-keeping requirements are expected to result in only a very small increase in administrative costs, flowing from the changes to the current COHSR, MOHSR, OBTOHSR, AOHSR and OGOSHR. Records related to air sampling must now be retained for 30 years from the current mandatory 3 years (2 years currently in the case of the OGOSHR). It is estimated that there are approximately eight reports of this type annually, affecting eight unique employers, and retaining these records for the longer period will result in approximately 30 minutes per year in additional labour time at the average wage, including overhead (to consult these records for comparison in cases where new air-sampling tests have been conducted). Total costs over 20 years are estimated at $1,660, with annualized costs of $157.

New air sampling guidelines

Costs to learn about the new air sampling guidelines are expected to be limited and were not estimated. As was stated above, the proposed Regulations clarify the current requirements with the addition of detailed instructions as specified in the NIOSH Occupational Exposure Sampling Strategy Manual, which will be incorporated by ambulatory reference. Employers will have clearer guidelines on how to proceed with air sampling, which is expected to save time once employers become familiar with the new detailed instructions, offsetting the initial learning curve. In addition, it is assumed that when conducting air sampling, employers refer to the guidelines each time a sample is taken due to the relative infrequency of the procedure to be undertaken, also making any incremental costs unlikely. No training costs are expected, as employers required to conduct air sampling are assumed to be familiar with the basic elements of the procedure.

Compliance and enforcement

Costs may include advising employers on their obligations, seeking an assurance of voluntary compliance from the employer, issuing a compliance order, and in cases of more serious or repeated violations, the possibility of issuing an AMP under Part IV of the Code. As the federal OHS program is already involved in these types of enforcement activities as a core function, additional resource requirements (including the hiring of new staff) are likely to be minimal. These were not estimated. In addition, the added clarity to the OHS regulations from this regulatory initiative would assist in preventing misunderstandings that presently result in additional time being expended by OHS officials, offsetting the small costs of compliance and enforcement.

Total costs

The total expected costs associated with the proposed Regulations will amount to $70M (PV). The majority of costs incurred over the 20-year cost benefit period will stem from the controlling and mitigation of outdoor thermal stress exposure. The costs associated with reducing the risks associated with outdoor thermal stress exposure are significant, amounting to $38.6M (PV) over this 20-year period.

Cost-benefit statement
Monetized costs

Costs are summarized in the following nine tables below:

Table 2: Radon provisions
Description of cost (affected stakeholders) First year: 2023 (current dollars) Final year: 2042 (current dollars) Total (present value) Annualized value
Cost of radon testing $12,414,610 $51,297 $12,901,547 $1,217,815
Cost of radon mitigation $3,025,350 $12,726 $3,146,154 $296,975
Radon testing and mitigation (all employers with offices) $15,439,960 $64,024 $16,047,701 $1,514,789
Table 3a: Outdoor thermal stress provisions
Description of cost (affected stakeholders) First year: 2023 (current dollars) Final year: 2042 (current dollars) Total (present value) Annualized value
Cost of training $1,683,860 $52,278 $2,180,104 $205,786
Cost of monitoring $199,992 $216,035 $2,335,000 $220,407
Cost of protective clothing $479,628 $556,491 $5,762,077 $543,899
Cost of administration controls, extreme heat $1,870,956 $2,170,786 $22,476,998 $2,121,670
Cost of administration controls, extreme cold $469,797 $545,084 $5,643,974 $532,751
Cost of internal reporting protocol $29,842 $213 $31,900 $3,011
Cost of water provision $17,017 $19,201 $202,199 $19,086
Outdoor thermal stress testing and mitigation (transport, energy, telecommunications) $4,751,092 $3,560,088 $38,632,252 $3,646,611
Table 3b: Indoor thermal stress provisions
Description of cost (affected stakeholders) First year: 2023 (current dollars) Final year: 2042 (current dollars) Total (present value) Annualized value
Cost of training $481,910 $9,621 $580,766 $54,820
Cost of monitoring $62,191 $73,846 $755,744 $71,337
Cost of administration controls, extreme heat $267,728 $270,482 $3,046,850 $287,601
Cost of internal reporting protocol $57,110 $0 $57,110 $5,391
Indoor thermal stress testing and mitigation (grain and flour millers) $868,939 $353,949 $4,440,471 $419,149
Table 4a: Administrative costs
Description of cost (affected stakeholders) First year: 2023 (current dollars) Final year: 2042 (current dollars) Total (present value) Annualized value
Administrative costs $167 $167 $1,898 $179
Table 4b: Costs of translation and purchase of standards
Description of cost (affected stakeholders) First year: 2023 (current dollars) Final year: 2042 (current dollars) Total (present value) Annualized value
Translation $248,780 $0 $248,780 $248,780
Purchase $4,202,355 $0 $4,202,355 $4,202,355
Costs of translation and purchase of standards $4,451,135 $0 $4,451,135 $420,156
Table 4c: Costs of nanomaterials provisions
Description of cost (affected stakeholders) First year: 2023 (current dollars) Final year: 2042 (current dollars) Total (present value) Annualized value
Hazard prevention plan $1,203,821 $40,286 $2,685,534 $253,495
Training $1,267,063 $130,213 $3,790,785 $357,823
Costs of nanomaterials provisions $2,470,883 $170,499 $6,476,319 $611,319
Table 5: Total costs
Description of cost (affected stakeholders) First year: 2023 (current dollars) Final year: 2042 (current dollars) Total (present value) Annualized value
Radon testing and mitigation (all employers with offices) $15,439,960 $64,024 $16,047,701 $1,514,789
Outdoor thermal stress testing and mitigation (transport, energy, telecommunications) $4,751,092 $3,560,088 $38,632,252 $3,646,611
Indoor thermal stress testing and mitigation (grain and flour millers) $868,939 $353,949 $4,440,471 $419,149
Administrative costs $167 $167 $1,898 $179
Costs of translation and purchase of standards $4,451,135 $0 $4,451,135 $420,156
Costs of nanomaterials provisions $2,470,883 $170,499 $6,476,319 $611,319
Total costs $27,982,177 $4,148,727 $70,049,777 $6,612,203
Monetized benefits
Table 6: Benefits for impacted stakeholders
Impacted stakeholder in the federal jurisdiction Description of benefit First year: 2023 (current dollars) Final year: 2042 (current dollars) Total (present value) Annualized value
Employers Reduction in lung cancer incidence $3,662,682 $8,965,003 $37,363,687 $3,526,868
Employers (transport, energy, telecommunications) Productivity gains from reduction in thermal stress exposure (outdoors) $3,944,424 $4,505,419 $46,770,051 $4,414,762
Employers (grain and flour milling) Productivity gains from reduction in thermal stress exposure (indoors) $481,910 $486,867 $5,484,331 $517,682
Employers Cost savings from clearer sampling procedures $27,664 $27,664 $313,593 $29,601
Employers (transport, energy, telecommunications, public service) Reduced injuries from reduction in exposure to nanomaterials $2,470,883 $170,499 $6,476,319 $611,319
All stakeholders Total benefits $10,587,564 $14,155,452 $96,407,981 $9,100,231
Table 7: Summary of monetized costs and benefits
Impacts First year: 2023 (current dollars) Final year: 2042 (current dollars) Total (present value) Annualized value
Total costs $27,982,177 $4,148,727 $70,049,777 $6,612,203
Total benefits $10,587,564 $14,155,452 $96,407,981 $9,100,231
Net impact −$17,394,613 $10,006,725 $26,358,204 $2,488,028

Sensitivity analysis

The net present value was subjected to a Monte Carlo analysis using the total discounted costs and total discounted benefits as input variables into the model. To account for the possibility that costs and benefits may be much higher or lower than expected, the original cost and benefit estimates were put into a range, between half of their original estimate, and 50% more than their original estimate. For example, $35,024,888 was placed at the low end of the range (half the original estimate) for the discounted costs and $105,074,665, at the high end (50% greater than the original estimate). Similarly, for total discounted benefits, $48,203,990 was placed at the low end of the range (half the original estimate) and $144,611,971, at the high end (50% higher than the original estimate). The selected ranges are shown in the table below:

Table 8: Ranges used for Monte Carlo analysis
Indicator Nominal value Minimum value Maximum value
Total discounted cost $70,049,777 $35,024,888 $105,074,665
Total discounted benefit $96,407,981 $48,203,990 $144,611,971

The Monte Carlo simulation shows that even with the possibility of large cost-over runs of 50% and benefits as low as 50% of the initial estimate (far below expectations), a positive total discounted net benefit can be expected approximately 76% of the time.

Distributional impact analysis

The impacts of the proposed Regulations are not evenly distributed amongst all sectors. While the new provisions on radon would apply generally to all buildings where federally regulated employees are working, sectors and firms with greater concentrations of employment indoors will be more affected. In addition, since Health Canada has already begun testing federal buildings (where the majority of federal public sector workplaces are located), a significant portion of workplaces in the federal public sector (approximately 56%) have already been tested. Of the buildings tested, 3.56% were found to have concentration levels of radon over 200 Bq/m3 and 21% of these have already undergone radon mitigation. In the federal private sector, no such large-scale testing has been coordinated. As a result, a larger proportion of private sector workplaces will require testing and mitigation in comparison.

The thermal stress provisions would have impacts concentrated in the following industries: rail, telecommunications, energy, and air-transport sectors, which have a large number of outdoor workers and in the grain and flour mill industry for indoor workers exposed to possible extreme temperature conditions.

The other provisions: non-solar UV radiation, nanomaterials and the adoption of maximum exposure limits affect few industries in the federal jurisdiction, and within them only a few specific occupations. For example, impacts related to the new non-solar UV radiation requirements are limited to the transportation sector (welders in transport garages and vehicle maintenance shops) and a small portion of the federal public sector (research laboratories engaged in photobiology, photochemistry, or laser materials processing). For the new requirements related to nanomaterials, affected industries are mainly in the transportation, energy and federal public sector (research laboratories, agriculture, National Research Council, forensic labs of the Royal Canadian Mounted Police). Finally, regarding the impact of the adoption of maximum exposure limits, while all workplaces are required to implement the ALARA principle, only a small percentage will be directly impacted. Affected industries are primarily in the transport sector (truck operators, locomotives and bus operators, vehicle and locomotive maintenance personnel, forklift operators and maintenance, custom officers on the bridges between Canada and the United States).

Table 9: Monetized costs and benefits by industry sector
Industry sector Total costs Total benefits Net benefits Annualized costs Annualized benefits
Air transportation $15,251,284 $18,051,016 $2,799,732 $1,439,613 $1,703,888
Banking / banks $6,066,252 $14,104,464 $8,038,212 $572,611 $1,331,362
Broadcasting (television, radio, Internet) $3,908,417 $5,225,917 $1,317,500 $368,927 $493,290
Communications $9,076,080 $11,913,652 $2,837,572 $856,718 $1,124,564
Energy / mining / mineral processing $2,468,060 $2,996,525 $528,466 $232,967 $282,851
Federal public services / public service departments / Crown corporations $1,635,082 $3,221,984 $1,586,902 $154,340 $304,133
Feed, flour and seed $3,262,842 $4,197,940 $935,099 $307,989 $396,256
Fisheries / fishing $1,748 $20,551 $18,803 $165 $1,940
Grain handling / grain elevators $2,116,755 $2,865,487 $748,732 $199,807 $270,482
Indigenous / First Nations $772,964 $1,196,665 $423,700 $72,962 $112,957
Interprovincial infrastructure (bridges, tunnels, canals, causeways) $14,268 $39,486 $25,219 $1,347 $3,727
Longshoring / stevedoring / port / harbour operations / pilotage $6,525,866 $7,949,283 $1,423,417 $615,996 $750,356
Pipeline transportation $256,853 $343,252 $86,399 $24,245 $32,401
Postal services / postal contractors $152,329 $346,665 $194,336 $14,379 $32,723
Rail transportation $10,744,116 $13,041,986 $2,297,870 $1,014,168 $1,231,071
Road transportation $7,431,584 $10,449,661 $3,018,077 $701,489 $986,374
Water transportation (shipping and ferries) $365,277 $443,447 $78,170 $34,480 $41,858
Federal public sector $1,635,082 $3,221,984 $1,586,902 $154,340 $304,133
Federal private sector $68,414,694 $93,185,996 $24,771,302 $6,457,863 $8,796,099
Total $70,049,777 $96,407,981 $26,358,204 $6,612,203 $9,100,231

Small business lens

Analysis under the small business lens concluded that this proposed Regulations would impact small businesses. The regulatory changes associated with amending these regulations will impose compliance costs on small businesses but are not expected to result in any incremental administrative burden. There would be approximately 5 405 small businesses in the federal jurisdiction impacted by this regulatory amendment.footnote 31 This represents approximately 30% of all small businesses and 28% of all businesses.footnote 32 The radon provisions will impact small businesses with indoor workplaces in all sectors. The air, rail, telecommunications, longshoring, energy, and milling industries will experience impacts because of the thermal stress provisions and the fact that most outdoor workers, or affected indoor workers (milling industry), work primarily in these industry sectors. The proposed Regulations do not contain any provisions providing for flexibility for small businesses, as doing so would afford employees at small businesses fewer protections than employees at larger firms.

Application of the lens identified net costs to small businesses of approximately $6.4M (PV, $2022) over 20 years, or an annualized cost of approximately $112 per small business (PV) for the 20-year period after implementation of the amendments. This results in a cost of approximately $1,187 per small business over 20 years (PV).footnote 33

Table 10: Compliance impacts
Activity Annualized costs Annualized benefits (labour cost-savings related to productivity) Net annualized compliance benefits
Radon testing and mitigation $71,174 $0 -$71,174
Thermal stress testing and mitigation (outdoors) $317,489 $337,848 $20,360
Thermal stress testing and mitigation (indoors) $176,294 $195,539 $19,245
Purchase and translation of referenced standards $374,954 $0 -$374,954
Nanomaterials prevention and control program and training $198,868 $0 -$198,868
Total compliance cost $1,138,778 $533,387 -$605,391

Administrative impacts

There are no administrative impacts on small businesses.

Table 11: Total compliance and administrative impacts
Totals Annualized value Present value
Total cost (all impacted small businesses) $1,138,778 $12,064,227
Total benefits (all impacted small businesses) $533,387 $5,650,711
Net cost per impacted small business $112 $1,187

One-for-one rule

The one-for-one rule applies as there would be an incremental increase in the administrative burden on business. No regulatory titles are repealed or introduced.

The amendments are expected to result in only a small increase in the administrative burden. Records related to air sampling must now be retained for 30 years, an increase from the current mandatory 3 years in the COHSR, the MOHSR, the OBTOHSR, and the AOHSR, and 2 years in the OGOSHR. It is estimated that there are approximately eight reports of this type annually, affecting eight unique employers (one record per employer), and retaining these records for the longer period will result in approximately 30 minutes per year in additional labour time at the average wage, including overhead (to consult these records for comparison in cases where new air sampling tests have been conducted). Annualized costs are estimated at approximately $65 per year, and $8 per affected firm (2012 price year, 2012 PV).

Regulatory cooperation and alignment

The proposed Regulations would support regulatory cooperation and alignment. The Canadian Free Trade Agreement established a regulatory reconciliation process, overseen through the Regulatory Reconciliation and Cooperation Table (RCT), to help address barriers to trade experienced by companies doing business across provincial and territorial borders. One of the work plan items of the RCT is to promote regulatory cooperation across Canada with respect to occupational exposure limits for chemicals and airborne contaminants. Nanoparticles, radon, and thermal stress in the workplace are not regulated by the provinces and territories, except in Alberta, where regulations for thermal stress are aligned with this proposed Regulations.

Maximum exposure limits, expressed as the “as low as reasonably achievable” principle, are contained in the regulations of the Yukon, Saskatchewan, Alberta, and British Columbia. Discussions are ongoing on this subject in the remaining provinces.

In addition, the proposed Regulations would result in Canada and the United States having similar OHS regulations for exposure limits to nanomaterials, thermal stress, UV radiation, and the retention time for records of employee exposure to hazardous substances. Both countries are developing a similar approach to strengthen the regulation of nanotechnology applications. The National Nanotechnology Initiative (NNI) is a U.S. Government research and development initiative. The NNI addresses issues related to the health and safety of nanotechnology through working groups. Concerning thermal stress, the Centers for Disease Control and Prevention in the United States provides recommendations in the document titled “Preventing Heat-related Illness or Death of Outdoor Workers,” which recommends the same measures as in the proposed Regulations with regard to the maximum exposure limits, monitoring requirements, protective clothing and equipment, engineering controls and employee training.

U.S. regulations concerning exposure to UV radiation reference the same standard. The proposed Regulations to require that records be maintained for 30 years would be aligned with the federal regulations of the United States.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required, as there are no broader environmental impacts.

Gender-based analysis plus

Issue identification

A gender-based analysis plus (GBA+) assessment was conducted as part of the development of the proposed Regulations.

The impacts of exposure to hazardous substances tend to affect different groups in unique ways. Below, a variety of impacts are discussed and analyzed based on diverse attributes of workers that include gender and age.

Gender
Nanomaterials

The federally regulated industries that are known to handle nanotechnologies include aircraft servicing, pipeline manufacturers, research laboratories, communication industries, as well as the road and rail transportation industry. The Federal Jurisdiction Workplace Survey found that these industries are predominantly made up of men, with women accounting for only 39% of the population in pipeline industries, telecommunication and broadcasting services industries, and accounting for only 15% of employees in road transport and 19% in rail transport.footnote 34 Due to the higher number of men in federally regulated industries with potential exposure to nanotechnologies, the proposed Regulations would positively impact more men than women. Although women make up a smaller proportion of federally regulated employees in the sectors affected by nanotechnologies, there is a risk that if exposed during pregnancy, offspring of employees could be affected by nanomaterials.footnote 35 Prenatal exposure to nanoparticles is of concern as nanoparticles have the potential to cross the placental barrier, which could cause toxicity to the fetus and lead to adverse effects such as respiratory toxicity in offspring.footnote 36

Given that women who are pregnant will be exposing their fetus to nanomaterials, the proposed Regulations requiring employers to establish a nanomaterials prevention and control program in accordance with the CSA Z12885 standard will benefit pregnant employees and mitigate the negative impacts nanomaterials may have on their offspring. The standard describes elements of hazard identification, preventative and protective measures, and specifies proper work procedures and training needs, as well as guidance on health and safety practices for relevant nanotechnologies. This information will provide the employee with the opportunity to make informed decisions prior to working with certain nanomaterials that could have detrimental effects to their offspring. Employees will then be better able to make informed decisions regarding their health and safety in the workplace.

Thermal stress

Thermal extremes can be caused by a combination of natural or artificial ambient environments, metabolic heat from physically demanding work, a specific process in a workplace or protective clothing impairing heat dissipation.footnote 37 As previously stated, thermal stress is the effect of adverse temperature conditions on the body at temperature extremes.

Workers who work outdoors in federally regulated industries, such as rail and air transportation, long-shoring, energy and mining, are predominantly men.footnote 34 Thermal exposure can cause acute impairment of work capacity, as well as chronic effects on health that can contribute to reduced productivity.footnote 37 Due to the higher number of men in federally regulated industries with potential exposure to thermal stress, the proposed Regulations would positively impact more men than women. In addition, the mining and minerals sector is an important employer of Indigenous peoples in Canada. Indigenous people account for 9.4% of Canada’s total population,footnote 38 and account for 12% of the industry’s labour force in the upstream mining subsector.footnote 39 Therefore, Indigenous people, as well as other workers in these sectors would benefit from the proposed Regulations as the standard specifies upper- and lower-bound temperature limits for employee workplace exposure, in addition to procedures for monitoring and controlling thermal stress.

Although women make up a smaller portion of employees in the mining industry, accounting for 14% of the employees,footnote 39 they are physiologically more at risk when exposed to thermal stress. Anthropometricfootnote 40 differences in men and women mean women are more susceptible to heat and cold stress due to differing insulation and heat-loss processes.footnote 41 Women at different phases of their menstrual cycle, such as during the luteal phase, may have varying core temperatures at rest and during heat exposure, compared to women in the follicular phase.footnote 37 Therefore, this implies that some workers are able to tolerate higher heat loads than others at varying times in their cycle, without sustaining heat-related illnesses, and be more capable of working in hot environments.footnote 37 Pregnancy also plays a role in heat stress management for women, as they will be more susceptible to heat-related illnesses.footnote 41 Given that women have a lower tolerance for thermal extremes, the proposed Regulations for new requirements, including monitoring thermal conditions, protective clothing and equipment, as well as work rest cycles, to name a few, and requiring employers to comply with the standard exposure limits for heat stress, heat strain and cold stress, including upper- and lower-bound temperature limits, will have a positive impact on women employees. The new proposed requirements will contribute to a healthier and safer work environment for those who are at higher risk.

Radon

There is limited evidence to suggest sex differences impact health from radon exposure, and research suggests that radon as a natural, radioactive substance, has similar damaging effects on the human body.footnote 42 The proposed Regulations to harmonize radon requirements with Health Canada guidelines will benefit all employees.

Age
Thermal stress

Workers who are 45 years and older are at a greater risk from the negative effects of exposure to heat and cold stress. As workers age, their regular body processes tend to slow down, which includes the ability to remove excess heat from the body quickly due to a reduction in blood flow to the skin, sweating, fitness and overall cardiovascular function.footnote 41 Poor health and a low level of fitness in older individuals will also increase their susceptibility to the extremes of heat. Individuals who may also have underlying medical issues may experience thermal stress worse and could experience greater thermal stress on their body.footnote 43 As the heat tolerance level begins to diminish, this can lead to greater risk for developing serious illnesses such as heat exhaustion and heat stroke. Research suggests that aging results in gradual reduction in maximum aerobic power (VO2max), in stroke volumefootnote 44and cardiac output, and reduction in sweat excretion.footnote 45 Older employees may have trouble more rapidly acclimatizing to environments, as compared to younger employees. Therefore, older workers and individuals who are more susceptible to heat stress would experience greater positive impacts by the proposed Regulations.

Similar to heat stress, older workers may face greater sensitivity to lower thermal stress. When the body is in a cold environment, it tries to prevent excessive heat loss by increasing internal body heat through vasoconstriction at the skin, shivering and increasing the body’s metabolic heat.footnote 46 Employees with underlying medical issues, for example diabetes, may have trouble acclimatizing to lower thermal stress conditions because of impairment in the body’s ability to increase metabolic heat production and decrease skin blood flow in cold conditions.footnote 47 Workers who take medications such as insulin for this underlying medical condition will be more susceptible to cold stress induced injuries and illnesses because medication can affect the perception and tolerance of cold.footnote 48 Consequently, older workers and workers with underlying medical conditions would experience a greater positive impact through the proposed Regulations.

The proposed Regulations would require employers to develop and implement procedures for the monitoring and control of thermal stress, by monitoring thermal conditions and requiring protective clothing, and equipment, etc., contributing to a healthier and safer work environment for those who are at higher risk due to age-related factors.

Non-solar UV radiation

Over time, exposure to ultraviolet radiation can increase the risks for eye damagefootnote 49 and is associated with different types of skin cancer, sunburn, accelerated skin aging, as well as cataracts and other eye diseases. The severity of the effect depends on the wavelength intensity and duration of exposure. The effects of non-solar UV radiation are non-discriminatory — all people are susceptible to the diseases brought about by ultraviolet radiation. However, it should be noted that age is a factor when considering risk to ultraviolet radiation exposure. Skin cancer risks increase as you age, likely due to accumulated exposure to UV radiation.footnote 50 The average age for a federal public servant is 44.2 years of age, as of 2019.footnote 51 According to the 2022 Welding Industry Report, the average age of a welder is 39 years of age.footnote 52 The proposed Regulations would help mitigate the risk to older workers who are more susceptible to adverse outcomes when exposed to non-solar UV radiation. In addition, the proposed Regulations would also provide better protection to younger workers who may plan on spending a significant portion of their careers in occupations exposed to non-solar UV radiation.

Summary

The proposed Regulations are expected to positively impact all employees given that they would improve occupational health and safety in federally regulated sectors.

A notable positive impact would be expected for employees who are at an increased risk from hazardous substances due to certain physiological factors, including pregnant employees, employees over a certain age (mainly 45 years or older) and employees who may have pre-existing medical conditions. It is anticipated that this proposed Regulations will positively impact men, who have a greater representation in federally regulated sectors such as aircraft servicing, pipeline manufacturing, research laboratories, air transport, long shoring, energy, and the mining sectors, where nanomaterials and thermal stress are present. Although women make up a smaller percentage of workers who may be exposed to nanotechnologies and thermal stress, there is a risk that, through exposure during pregnancy, offspring of employees could be exposed to these risks as well. Thermal stress may also have greater adverse impacts on workers due to age, as well as underlying health issues. Therefore, the proposed Regulations specifying upper- and lower-bound temperature limits and procedures for monitoring and controlling thermal stress would have a greater benefit for older employees. Finally, the proposed Regulations would help mitigate the risk to older workers who are more susceptible to adverse outcomes when exposed to non-solar UV radiation.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Regulations would come into force on the day on which they are published.

Compliance and enforcement

Compliance with the proposed Regulations to the OHS regulations would be achieved using a variety of existing approaches along a compliance continuum. This may include educating and counselling employers on their obligations, seeking an assurance of voluntary compliance from the employer, or issuing a direction to cease the contravention and take steps to prevent its reoccurrence. To address more serious or repeated violations, an AMP under Part IV of the Code may be issued. No additional inspectors or inspections, specifically related to these amendments are anticipated.

Designated occupational health and safety violations are listed and classified under Schedule 1 of the current AMPs Regulations. When amendments are made to Part II of the Code or its associated regulations, Schedule 1 of the AMPs Regulations must also be amended to reflect any updates to obligations or provisions.

The AMPs Regulations specify the method used to determine the amount of an AMP when issuing the notice of violation. The baseline penalty amount applicable to a violation varies depending on the type of person or department believed to have committed a violation and the classification of the violation.footnote 53 Each designated violation is classified as either Type A, B, C, D or E, in order of increasing severity, according to the level of risk and/or the impact and significance of the violation, as outlined in Table 1.

Table 12: Classification method for violations under the Code
TYPE PART II
A Related to administrative and technical provisions.
B Related to low-risk hazards that may result in a minor injury or illness that requires medical treatment, but that do not result in disabling injuries.
C Related to medium-risk hazards that may result in a serious injury or illness that prevents an employee from effectively performing their regular work duties.
D Related to high-risk hazards that may result in serious injury or fatality.
E Involves immediate life-threatening hazards or hazards known to cause latent occupational disease. These hazards give the employee little to no opportunity to avoid or minimize severe injury or death or occupational disease.

The following guidelines will be reviewed and updated to assist employers with compliance with the proposed Regulations:

The Labour Program’s compliance policy outlines the proactive and reactive activities used by delegated officials to ensure compliance. Statutory powers allow delegated officials to enter work sites and perform various activities to enforce compliance with the Code and the OHS regulations.

Contact

Duncan Shaw
Senior Director
Occupational Health and Safety
Workplace Directorate
Labour Program
Department of Employment and Social Development
165 De l’Hôtel-de-Ville Street
Place du Portage, Phase II, 10th Floor
Gatineau, Québec
K1A 0J2
Email: EDSC.LAB.SST.POLITIQUES-LAB.OHS.POLICY.ESDC@labour-travail.gc.ca

ANNEX

Table 13: New standards to be referenced and their impact
Baseline scenario Regulatory scenario Incremental impacts
Standards currently listed (baseline scenario) How current standards are referenced (static or ambulatory) All proposed standards would be ambulatory Most recent edition of standard
  1. Available for free? Cost of purchasing the standard?
  2. Available in both official languages?
 Description of incremental costs and benefits from the difference between current and proposed standards (or from the addition of proposed standards on top of current ones)
New standard would be referenced Not referenced CSA Standard Z12885, Nanotechnologies — Exposure control program for engineered nanomaterials in occupational settings, as amended from time to time 2020
  1. $285 (PDF)
  2. Not available in French, 174 Pages
 Assumed to have negligible impact because of the small population affected (see the "Benefits and costs" section)
New standard would be referenced Not referenced National Institute for Occupational Safety and Health entitled Occupational Exposure Sampling Strategy Manual, as amended from time to time 1977
  1. Free
  2. Not available in French, 150 Pages
 Limited impact (employers tend to consult the instruction manual as industry practice)

American Conference of Governmental Industrial Hygienists entitled Industrial Ventilation, 20th edition, dated 1988, as amended from time to time

(This standard was spit into two new standards. No new requirements.)

 Not referenced American Conference of Governmental Industrial Hygienists entitled Industrial Ventilation: A Manual of Recommended Practices for Design, as amended from time to time 2019
  1. $214.74 on techstreet.com (PDF)
  2. Not available in French, 680 pages
 No impact
American Conference of Governmental Industrial Hygienists entitled Industrial Ventilation: A Manual of Recommended Practice for Operation and Maintenance, as amended from time to time 2020
  1. $187.96 on techstreet.com (PDF)
  2. Not available in French, 304 pages
 Assumed to have negligible impact because employers tend to abide by latest standards as industry practice, especially when the current standard referenced is much older than the latest standard
Table 14: Currently referenced standards that are not all currently ambulatory
Baseline scenario Regulatory scenario Incremental impacts
Standards currently listed (baseline scenario) How current standards are referenced (static or Ambulatory) All proposed standards would be ambulatory Most recent edition of standard
  1. Available for free? Cost of purchasing the standard?
  2. Available in both official languages?
 Description of incremental costs and benefits from the difference between current and proposed standards (or from the addition of proposed standards on top of current ones)
NIOSH Manual of Analytical Methods, third edition, volumes 1 and 2, dated February 1984, as amended from time to time

Ambulatory in the COHSR, the AOHSR and the MOHSR

Static in the OBTOHSR and the OGOSHR

 NIOSH Manual of Analytical Methods, as amended from time to time 2017
  1. Free
  2. Not available in French, 935 pages
 No impact
American Conference of Governmental Industrial Hygienists, in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time Ambulatory American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time (thermal stress and UV radiation are sections in this publication that would now be referenced) 2023
  1. $73.79 (PDF)
  2. Not available in French, 308 pages
 Yes for thermal stress (see Benefits and Costs section) Likely to be negligible for UV radiation because of small population affected, (see the "Benefits and costs" section)
National Health and Welfare, in respect of radio frequency and microwave devices in the frequency range from 10 kHz to 300 GHz, Safety Code 6, dated 1990, as amended from time to time Ambulatory in all except static in the OGOSHR (1979) Safety Code 6, as amended from time to time, published by Health Canada 2015
  1. Free
  2. Available in English and French
 Assumed to have negligible impact because employers tend to abide by latest standards as industry practice, especially when the current standard referenced is much older than the latest standard
National Health and Welfare, in respect of short-wave diathermy equipment, Safety Code 25, dated 1983, as amended from time to time Ambulatory in all except static in the OGOSHR (1983) Safety Code 25, as amended from time to time, published by Health Canada 1983
  1. Free
  2. Available in English and French
 No impact (latest standard available has not changed)
National Health and Welfare, in respect of X-ray equipment in medical diagnosis, Safety Code 20A, dated 1980; as amended from time to time Ambulatory except static in the OGOSHR (1981) Safety Code 35, as amended from time to time, published by Health Canada 2008
  1. Free
  2. Available in English and French
 Assumed to have negligible impact because employers tend to abide by latest standards as industry practice, especially when the current standard referenced is much older than the latest standard

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending Certain Regulations Made Under the Canada Labour Code under subsection 125(3)footnote a and sections 157footnote b and 270footnote c of the Canada Labour Code footnote d.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Duncan Shaw, Senior Director, Occupational Health and Safety, Labour Program, Department of Employment and Social Development, 165 de l’Hôtel-de-Ville Street, Place du Portage, Phase II, 10th Floor, Gatineau, Quebec K1A 0J2 (email: EDSC.LAB.SST.POLITIQUES-LAB.OHS.POLICY.ESDC@labour-travail.gc.ca).

Ottawa, October 23, 2023

Wendy Nixon
Assistant Clerk of the Privy Council

Regulations Amending Certain Regulations Made Under the Canada Labour Code

Canada Occupational Health and Safety Regulations

1 The definition National Fire Code in section 1.2 of the Canada Occupational Health and Safety Regulations footnote 54 is replaced by the following:

National Fire Code
means the National Fire Code of Canada, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, as amended from time to time; (Code national de prévention des incendies du Canada)

2 Section 6.2 of the Regulations and the heading before it are repealed.

3 Subsection 6.10(3) of the Regulations is replaced by the following:

(3) If a generator is used for emergency lighting, the inspection, testing and maintenance of the emergency power system for lighting must be in accordance with the requirements referred to in section 6.5 of the National Fire Code.

4 Section 10.1 of the Regulations is amended by adding the following in alphabetical order:

thermal stress
means hot or cold working conditions under which employees who have been exposed will experience adverse health effects; (stress thermique)

5 Section 10.3 of the Regulations is replaced by the following:

10.3 (1) Every employer must keep a record of each hazardous substance that, in the work place, is used, produced, handled or stored by the employer for use in the work place.

(2) Every employer must keep a record of each hazardous substance that, in the work place, is used, produced, handled or stored by a contractor for use in the work place.

(3) For the purposes of subsections (1) and (2), the employer may, for each hazardous substance, keep the record in the work place where the substance is used, produced, handled or stored or keep a centralized record in respect of several work places in one work place.

(4) The employer must keep each record referred to in subsections (1) and (2) for 30 years after the day on which the substance that is the subject of the record is last used, produced or handled.

6 Subsection 10.12(1) of the Regulations is replaced by the following:

10.12 (1) If a hazardous substance is present in a work place and there is a possibility of a fire or explosion being caused by static electricity, the employer must implement the practices set out in the publication of the National Fire Protection Association in the United States entitled NFPA 77, Recommended Practice on Static Electricity, as amended from time to time.

7 Section 10.16 of the Regulations is replaced by the following:

10.16 (1) A hazardous substance must not be used for any purpose in a work place if it is feasible to use a non-hazardous substance instead.

(2) If a hazardous substance must be used for any purpose in a work place and an equivalent substance that is less hazardous could be used for that purpose, the equivalent substance must be substituted for the hazardous substance if feasible.

8 (1) The portion of subsection 10.17(1) of the Regulations before paragraph (a) is replaced by the following:

10.17 (1) Every ventilation system installed, on or after the date on which this section comes into force, to control the concentration of an airborne hazardous substance must be designed, constructed, installed, operated and maintained so that

(2) The portion of paragraph 10.17(1)(b) of the Regulations before subparagraph (i) is replaced by the following:

(3) Subparagraphs 10.17(1)(b)(ii) and (iii) of the Regulations are replaced by the following:

9 (1) The portion of subsection 10.19(1) of the English version of the Regulations before paragraph (a) is replaced by the following:

10.19 (1) An employee must be kept free from exposure to

(2) Paragraph 10.19(1)(a) of the Regulations is replaced by the following:

(3) Paragraphs 10.19(1)(b) and (c) of the English version of the Regulations are replaced by the following:

(4) Subsections 10.19(1.1) and (2) of the Regulations are replaced by the following:

(1.1) An employee’s exposure to a concentration of airborne asbestos fibres must be as close to zero as feasible, but in any event the employer must ensure that the concentration is not in excess of the value established for airborne asbestos fibres in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

(5) Subsections 10.19(3) and (4) of the Regulations are replaced by the following:

(3) If the concentration of an airborne chemical agent is likely to exceed the value referred to in subsection (1) for that chemical agent or the concentration of airborne asbestos fibres is likely to exceed zero, an employer must ensure that a qualified person measures the concentration of the chemical agent or asbestos fibres in the breathing zone of the employees who are most likely to be exposed to the highest concentration of the chemical agent or asbestos fibres in accordance with

(4) A paper or electronic record of each measurement taken under subsection (3) must be kept by the employer at their place of business that is nearest to the work place where the samples were taken to effect the measurement for a period of 30 years after the day on which the last sample to effect that measurement was taken.

(6) Paragraphs 10.19(5)(a) to (c) of the Regulations are replaced by the following:

(7) Paragraph 10.19(5)(e) of the Regulations is replaced by the following:

10 The Regulations are amended by adding the following after section 10.19:

10.19.1 The employer must ensure that the concentration in the air of an airborne chemical agent, other than airborne grain dust, airborne flour dust and airborne asbestos fibres, to which employees are exposed and for which the value has not been established by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time, is maintained at levels that are as low as feasible.

10.19.2 (1) If engineered nanomaterials are present in the work place, the employer must ensure that, in accordance with CSA Standard Z12885, Nanotechnologies — Exposure control program for engineered nanomaterials in occupational settings, as amended from time to time, a qualified person

(2) For the purposes of subsection (1), engineered nanomaterials means materials with at least one external dimension in the nanoscale or having an internal structure or a surface structure in the nanoscale.

10.19.3 The employer must ensure that the relevant controls that are set out under the heading “Thermal Stress” in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time, are in place if an employee is exposed to thermal stress reaching one of the following thresholds:

10.19.4 (1) The employer, in consultation with the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative must, in order to control thermal stress, develop procedures that address the following:

(2) The employer must implement the procedures developed to control thermal stress.

11 Subsection 10.20(3) of the Regulations is repealed.

12 (1) Subsections 10.26(1) and (2) of the Regulations are replaced by the following:

10.26 (1) If one of the following devices that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used in the work place, the employer must apply the following document set out for that device:

(2) Subsection 10.26(4) of the Regulations is replaced by the following:

(4) An employee, other than a nuclear energy worker as defined in section 2 of the Nuclear Safety and Control Act, must not be exposed in any year to a concentration of radon that, on average, over the year, is higher than 200 Bq/m3.

(5) An employee must be kept free from exposure to ultraviolet radiation, other than solar radiation, that has a wavelength ranging from 180 nm up to and including 400 nm, if that radiation exceeds the value for ultraviolet radiation listed in the table entitled “Ultraviolet Radiation TLV® and Relative Spectral Effectiveness”, in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

13 Section 10.47 of the Regulations is repealed.

14 Paragraphs 10.48(a) to (e) of the Regulations are replaced by the following:

15 (1) Paragraph 10.49(a) of the Regulations is replaced by the following:

(2) Paragraphs 10.49(e) and (f) of the Regulations are replaced by the following:

(3) Paragraphs 10.49(i) to (k) of the Regulations are replaced by the following:

16 Subsections 15.2(1) and (2) of the Regulations are repealed.

On Board Trains Occupational Health and Safety Regulations

17 Section 7.1 of the On Board Trains Occupational Health and Safety Regulations footnote 55 is amended by adding the following in alphabetical order:

thermal stress
means hot or cold working conditions under which employees who have been exposed will experience adverse health effects; (stress thermique)

18 Section 7.2.1 of the Regulations is replaced by the following:

7.2.1 (1) Every employer must keep a record of each hazardous substance that, in the work place, is used, produced, handled or stored by the employer for use in the work place.

(2) Every employer must keep a record of each hazardous substance that, in the work place, is used, produced, handled or stored by a contractor for use in the work place.

(3) For the purposes of subsections (1) and (2), the employer may, for each hazardous substance, keep the record in the work place where the substance is used, produced, handled or stored or keep a centralized record in respect of several work places in one work place.

(4) The employer must keep each record referred to in subsections (1) and (2) for a period of 30 years after the day on which the substance that is the subject of the record is last used, produced or handled.

19 Paragraph 7.3(2)(h) of the Regulations is replaced by the following:

20 Section 7.6 of the Regulations is replaced by the following:

7.6 (1) A hazardous substance must not be used for any purpose in a work place if it is feasible to use a non-hazardous substance instead.

(2) If a hazardous substance must be used for any purpose in a work place and an equivalent substance that is less hazardous could be used for that purpose, the equivalent substance must be substituted for the hazardous substance if feasible.

21 Section 7.11 of the Regulations is replaced by the following:

7.11 If a hazardous substance is present in a work place and there is a possibility of a fire or explosion being caused by static electricity, the employer must implement the practices set out in the publication of the National Fire Protection Association in the United States entitled NFPA 77, Recommended Practice on Static Electricity, as amended from time to time.

22 (1) The portion of subsection 7.20(1) of the English version of the Regulations before paragraph (a) is replaced by the following:

7.20 (1) An employee must be kept free from exposure to

(2) Paragraph 7.20(1)(a) of the English version of the Regulations is replaced by the following:

(3) Subsections 7.20(1.1) to (3) of the Regulations are replaced by the following:

(1.1) An employee’s exposure to a concentration of airborne asbestos fibres must be as close to zero as feasible, but in any event the employer must ensure that the concentration is not in excess of the value established for airborne asbestos fibres in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

(2) If the concentration of an airborne chemical agent is likely to exceed the value referred to in paragraph (1)(a) for that chemical agent or the concentration of airborne asbestos fibres is likely to exceed zero, an employer must ensure that a qualified person measures the concentration of the chemical agent or asbestos fibres in the breathing zone of the employees who are most likely to be exposed to the highest concentration of the chemical agent or asbestos fibres in accordance with

(3) A paper or electronic record of each measurement taken under subsection (2) must be kept by the employer at their place of business that is nearest to the work place where the samples were taken to effect the measurement for a period of 30 years after the day on which the last sample to effect that measurement was taken.

(4) Paragraphs 7.20(4)(a) to (c) of the Regulations are replaced by the following:

(5) Paragraph 7.20(4)(e) of the Regulations is replaced by the following:

23 The Regulations are amended by adding the following after section 7.20:

7.20.1 The employer must ensure that the concentration in the air of an airborne chemical agent, other than airborne asbestos fibres, to which employees are exposed and for which the value has not been established by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time, is maintained at levels that are as low as feasible.

7.20.2 (1) If engineered nanomaterials are present in the work place, the employer must ensure that, in accordance with CSA Standard Z12885, Nanotechnologies — Exposure control program for engineered nanomaterials in occupational settings, as amended from time to time, a qualified person

(2) For the purposes of subsection (1), engineered nanomaterials means material with at least one external dimension in the nanoscale or having an internal structure or a surface structure in the nanoscale.

7.20.3 The employer must ensure that the relevant controls that are set out under the heading “Thermal Stress” in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time, are in place if an employee is exposed to thermal stress reaching one of the following thresholds:

7.20.4 (1) The employer, in consultation with the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative must, in order to control thermal stress, develop procedures that address the following:

(2) The employer must implement the procedures developed to control thermal stress.

24 (1) Subsection 7.23(1) of the Regulations is replaced by the following:

7.23 (1) If a device that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used in a work place, the employer must apply the limits set out in Safety Code 6, published by the Department of Health, as amended from time to time.

(2) Subsection 7.23(3) of the Regulations is replaced by the following:

(3) An employee must be kept free from exposure to ultraviolet radiation, other than solar radiation, that has a wavelength ranging from 180 nm up to and including 400 nm and that exceeds the value for ultraviolet radiation listed in the table entitled “Ultraviolet Radiation TLV® and Relative Spectral Effectiveness”, in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

Oil and Gas Occupational Safety and Health Regulations

25 The definition National Fire Code in section 1.1 of the Oil and Gas Occupational Safety and Health Regulations footnote 56 is replaced by the following:

National Fire Code
means the National Fire Code of Canada, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, as amended from time to time; (Code national de prévention des incendies)

26 Section 1.6 of the Regulations is replaced by the following:

1.6 Despite any provision in any standard incorporated by reference in these Regulations, other than a standard incorporated in sections 11.23.2 and 13.7, a reference to another publication in that standard is a reference to the publication as it read on October 30, 1987.

27 Section 11.1 of the Regulations is amended by adding the following in alphabetical order:

thermal stress
means hot or cold working conditions under which employees who have been exposed will experience adverse health effects; (stress thermique)

28 Section 11.5 of the Regulations is replaced by the following:

11.5 The report referred to in section 11.4 must be kept by the employer at the work place to which it applies for 30 years after the date on which the qualified person signed the report.

29 Section 11.6 of the Regulations is replaced by the following:

11.6 (1) A hazardous substance must not be used for any purpose in a work place if it is feasible to use a non-hazardous substance instead.

(2) If a hazardous substance must be used for any purpose in a work place and an equivalent substance that is less hazardous could be used for that purpose, the equivalent substance must be substituted for the hazardous substance if feasible.

30 Section 11.11 of the Regulations is replaced by the following:

11.11 If a hazardous substance is stored, handled or used in a work place, any hazard resulting from that storage, handling or use must be confined to as small an area as feasible.

31 Section 11.14 of the Regulations is replaced by the following:

11.14 If a hazardous substance is present in a work place and there is a possibility of a fire or explosion being caused by static electricity, the employer must implement the practices set out in the publication of the National Fire Protection Association in the United States entitled NFPA 77, Recommended Practice on Static Electricity, as amended from time to time.

32 (1) The portion of subsection 11.23(1) of the English version of the Regulations before paragraph (a) is replaced by the following:

11.23 (1) An employee must be kept free from exposure to

(2) Paragraphs 11.23(1)(a) and (b) of the Regulations are replaced by the following:

(3) Paragraph 11.23(1)(c) of the English version of the Regulations is replaced by the following:

(4) Subsections 11.23(1.1) to (3) of the Regulations are replaced by the following:

(1.1) An employee’s exposure to a concentration of airborne asbestos fibres must be as close to zero as feasible, but in any event the employer must ensure that the concentration is not in excess of the value established for airborne asbestos fibres in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

(2) If the concentration of an airborne chemical agent is likely to exceed the value referred to in paragraphs (1)(a) or (b) for that chemical agent or the concentration of airborne asbestos fibres is likely to exceed zero, an employer must ensure that a qualified person measures the concentration of the chemical agent or asbestos fibres in the breathing zone of the employees most likely to be exposed to the highest concentration of the airborne chemical agent or airborne asbestos fibres in accordance with

(3) A paper or electronic record of each measurement taken under subsection (2) must be kept by the employer at their place of business that is nearest to the work place where the samples were taken to effect the measurement for a period of 30 years after the day on which the last sample to effect that measurement was taken.

(5) Paragraphs 11.23(4)(a) to (c) of the Regulations are replaced by the following:

(6) Paragraph 11.23(4)(e) of the Regulations is replaced by the following:

33 The Regulations are amended by adding the following after section 11.23:

11.23.1 The employer must ensure that the concentration in the air of an airborne chemical agent, other than airborne grain dust and airborne asbestos fibres, to which employees are exposed and for which the value has not been established by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time, is maintained at levels that are as low as feasible.

11.23.2 (1) If engineered nanomaterials are present in the work place, the employer must ensure that, in accordance with CSA Standard Z12885, Nanotechnologies — Exposure control program for engineered nanomaterials in occupational settings, as amended from time to time, a qualified person

(2) For the purposes of subsection (1), engineered nanomaterials means materials with at least one external dimension in the nanoscale or having an internal structure or a surface structure in the nanoscale.

11.23.3 The employer must ensure that the relevant controls that are set out under the heading “Thermal Stress” in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time, are in place if an employee is exposed to thermal stress reaching one of the following thresholds:

11.23.4 (1) The employer, in consultation with the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative must, in order to control thermal stress, develop procedures that address the following:

(2) The employer must implement the procedures developed to control thermal stress.

34 Section 11.28 of the Regulations is replaced by the following:

11.28 (1) If one of the following devices that is capable of producing and emitting energy in the form of electromagnetic waves or acoustical waves is used in a work place, the employer must apply the following document set out for that device:

(2) An employee, other than a nuclear energy worker as defined in section 2 of the Nuclear Safety and Control Act, must not be exposed in any year to a concentration of radon that on average, over the year, is higher than 200 Bq/m3.

(3) An employee must be kept free from exposure to ultraviolet radiation, other than solar radiation, that has a wavelength ranging from 180 nm up to and including 400 nm and that exceeds the value for ultraviolet radiation listed in the table entitled “Ultraviolet Radiation TLV® and Relative Spectral Effectiveness”, in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

Maritime Occupational Health and Safety Regulations

35 The definition National Fire Code in section 209 of the Maritime Occupational Health and Safety Regulations footnote 57 is replaced by the following:

National Fire Code
means the National Fire Code of Canada, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, as amended from time to time. (Code national de prévention des incendies)

36 Subsection 238(1) of the Regulations is replaced by the following:

238 (1) Every enclosed working area in which materials handling equipment powered by an internal combustion engine is used must be ventilated in a manner such that the carbon monoxide concentration in the atmosphere of the working area is not in excess of the value established for carbon monoxide in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

37 Section 243 of the Regulations is amended by adding the following in alphabetical order:

thermal stress
means hot or cold working conditions under which employees who have been exposed will experience adverse health effects; (stress thermique)

38 Section 244.1 of the Regulations is replaced by the following:

Record of Hazardous Substances

244.1 (1) Every employer must keep a record of each hazardous substance that, in the work place, is used, produced, handled or stored by the employer for use in the work place.

(2) Every employer must keep a record of each hazardous substance that, in the work place, is used, produced, handled or stored by a contractor for use in the work place.

(3) For the purposes of subsections (1) and (2), the employer may, for each hazardous substance, keep the record in the work place where the substance is used, produced, handled or stored or keep a centralized record in respect of several work places in one work place.

(4) The employer must keep each record referred to in subsections (1) and (2) for 30 years after the day on which the substance that is the subject of the record is last used, produced or handled.

39 Section 246 of the Regulations is replaced by the following:

246 (1) A hazardous substance must not be used for any purpose in a work place if it is feasible to use a non-hazardous substance instead.

(2) If a hazardous substance must be used for any purpose in a work place and an equivalent substance that is less hazardous could be used for that purpose, the equivalent substance must be substituted for the hazardous substance if feasible.

40 Subsection 250(5) of the Regulations is replaced by the following:

(5) If a hazardous substance is present in a work place and there is a possibility of a fire or explosion being caused by static electricity, the employer must implement the practices set out in the publication of the National Fire Protection Association in the United States entitled NFPA 77, Recommended Practice on Static Electricity, as amended from time to time.

41 (1) The portion of subsection 255(1) of the English version of the Regulations before paragraph (a) is replaced by the following:

255 (1) An employee must be kept free from exposure to

(2) Paragraph 255(1)(a) of the Regulations is replaced by the following:

(3) Paragraphs 255(1)(b) to (d) of the English version of the Regulations are replaced by the following:

(4) Subsections 255(1.1) to (3) of the Regulations are replaced by the following:

(1.1) An employee’s exposure to a concentration of airborne asbestos fibres must be as close to zero as feasible, but in any event the employer must ensure that the concentration is not in excess of the value established for airborne asbestos fibres in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

(2) If the concentration of an airborne chemical agent is likely to exceed the value referred to in paragraphs (1)(a), (b) or (c) for that chemical agent or the concentration of airborne asbestos fibres is likely to exceed zero, an employer must ensure that a qualified person measures the concentration of the chemical agent or asbestos fibres in the breathing zone of the employees who are most likely to be exposed to the highest concentration of the chemical agent or asbestos fibres in accordance with

(3) A paper or electronic record of each measurement taken under subsection (2) must be kept by the employer on board the vessel on which the samples were taken to effect the measurement for a period of 30 years after the day on which the last sample to effect that measurement was taken.

(5) Paragraphs 255(4)(a) to (c) of the Regulations are replaced by the following:

(6) Paragraph 255(4)(e) of the Regulations is replaced by the following:

42 The Regulations are amended by adding the following after section 255:

255.1 The employer must ensure that the concentration in the air of an airborne chemical agent, other than airborne grain dust, airborne flour dust and airborne asbestos fibres, to which employees are exposed and for which the value has not been established by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time, is maintained at levels that are as low as feasible.

255.2 (1) If engineered nanomaterials are present in the work place, the employer must ensure that, in accordance with the CSA Standard Z12885, Nanotechnologies — Exposure control program for engineered nanomaterials in occupational settings, a qualified person

(2) For the purposes of subsection (1), engineered nanomaterials means materials with at least one external dimension in the nanoscale or having an internal structure or a surface structure in the nanoscale.

255.3 The employer must ensure that the relevant controls that are set out under the heading “Thermal Stress” in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time, are in place if an employee is exposed to thermal stress reaching one of the following thresholds:

255.4 (1) The employer, in consultation with the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative must, in order to control thermal stress, develop procedures that address the following:

(2) The employer must implement the procedures developed to control thermal stress.

Aviation Occupational Health and Safety Regulations

43 Section 5.1 of the Aviation Occupational Health and Safety Regulations footnote 58 is amended by adding the following in alphabetical order:

thermal stress
means hot or cold working conditions under which employees who have been exposed will experience adverse health effects; (stress thermique)

44 Section 5.3 of the Regulations is replaced by the following:

5.3 (1) Every employer must keep a record of each hazardous substance that, in the work place is used, produced, handled or stored by the employer for use on board an aircraft.

(2) Every employer must keep a record of each hazardous substance that, in the work place, is used, produced, handled or stored by a contractor for use on board an aircraft.

(3) For the purposes of subsections (1) and (2), the employer may, for each hazardous substance, keep the record in the work place where the substance is used, produced, handled, or stored or keep a centralized record in respect of several work places in one work place.

(4) The employer must keep each record referred to in subsections (1) and (2) for 30 years after the day on which the substance that is the subject of the record is last used, produced or handled.

45 Section 5.15 of the Regulations is replaced by the following:

5.15 (1) A hazardous substance must not be used for any purpose in a work place if it is feasible to use a non-hazardous substance instead.

(2) If a hazardous substance must be used for any purpose in a work place and an equivalent substance that is less hazardous could be used for that purpose, the equivalent substance must be substituted for the hazardous substance if feasible.

46 (1) Subsections 5.16(1) to (3) of the Regulations are replaced by the following:

5.16 (1) An employee must be kept free from exposure to a concentration of an airborne chemical agent, other than airborne asbestos fibres, in excess of the value established for that chemical agent in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

(1.1) An employee’s exposure to a concentration of airborne asbestos fibres must be as close to zero as feasible, but in any event the employer must ensure that the concentration is not in excess of the value established for airborne asbestos fibres in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

(2) If the concentration of an airborne chemical agent is likely to exceed the value referred to in subsection (1) for that chemical agent or the concentration of airborne asbestos fibres is likely to exceed zero, an employer must ensure that a qualified person measures the concentration of the chemical agent or asbestos fibres in the breathing zone of the employees who are most likely to be exposed to the highest concentration of the chemical agent or asbestos fibres in accordance with

(3) A paper or electronic record of each measurement taken under subsection (2) must be kept by the employer at a location accessible to affected employees for a period of 30 years after the day on which the last sample to effect that measurement was taken.

(2) Paragraphs 5.16(4)(a) to (c) of the Regulations are replaced by the following:

(3) Paragraph 5.16(4)(e) of the Regulations is replaced by the following:

47 The Regulations are amended by adding the following after section 5.16:

5.16.1 The employer must ensure that the concentration in the air of an airborne chemical agent, other than airborne asbestos fibres, to which employees are exposed and for which the value has not been established by the American Conference of Governmental Industrial Hygienists in its publication entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time, is maintained at levels as low as feasible.

5.16.2 (1) If engineered nanomaterials are present in the work place, the employer must ensure that, in accordance with the CSA Standard Z12885, Nanotechnologies — Exposure control program for engineered nanomaterials in occupational settings, a qualified person

(2) For the purposes of subsection (1), engineered nanomaterials means materials with at least one external dimension in the nanoscale or having an internal structure or a surface structure in the nanoscale.

5.16.3 The employer must ensure that the relevant controls that are set out under the heading “Thermal Stress” in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time, are in place if an employee is exposed to thermal stress reaching one of the following thresholds:

5.16.4 (1) The employer, in consultation with the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative must, in order to control thermal stress, develop procedures that address the following:

(2) The employer must implement the procedures developed to control thermal stress.

48 (1) Subsection 5.19(1) of the Regulations is replaced by the following:

5.19 (1) If a device that is capable of producing and emitting energy in the form of electromagnetic waves or acoustical waves is used on board an aircraft, the radiation to which an employee is exposed must not exceed the limits set out in section 2 of Safety Code 6, published by the Department of Health, as amended from time to time.

(2) Section 5.19 of the Regulations is amended by adding the following after subsection (2):

(3) An employee must be kept free from exposure to ultraviolet radiation, other than solar radiation, that has a wavelength ranging from 180 nm up to and including 400 nm and that exceeds the value for ultraviolet radiation listed in the table entitled “Ultraviolet Radiation TLV® and Relative Spectral Effectiveness”, in the publication of the American Conference of Governmental Industrial Hygienists entitled Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs), as amended from time to time.

Administrative Monetary Penalties (Canada Labour Code) Regulations

49 Item 463 of Division 1 of Part 2 of Schedule 1 to the Administrative Monetary Penalties (Canada Labour Code) Regulations footnote 59 is replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
463 10.3(1) A
463.1 10.3(2) A
463.2 10.3(4) A
50 Item 509 of Division 1 of Part 2 of Schedule 1 to the Regulations is replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
509 10.16(1) C
509.1 10.16(2) C
51 Division 1 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 534:
Item

Column 1

Provision

Column 2

Violation Type
534.1 10.19.1 D
534.2 10.19.2(1)(a) D
534.3 10.19.2(1)(b) D
534.4 10.19.3(a) D
534.5 10.19.3(b) D
534.6 10.19.4(1)(a) D
534.7 10.19.4(1)(b) D
534.8 10.19.4(1)(c) D
534.9 10.19.4(1)(d) D
534.91 10.19.4(1)(e) D
534.92 10.19.4(1)(f) A
534.93 10.19.4(2) D
52 Division 1 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 550:
Item

Column 1

Provision

Column 2

Violation Type
550.1 10.26(5) D

53 Item 628 of Division 1 of Part 2 of Schedule 1 to the Regulations is repealed.

54 Item 633 of Division 1 of Part 2 of Schedule 1 to the Regulations is repealed.

55 Item 80 of Division 2 of Part 2 of Schedule 1 to the Regulations is replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
80 5.3(1) A
80.1 5.3(2) A
80.2 5.3(4) A
56 Item 121 of Division 2 of Part 2 of Schedule 1 to the Regulations is replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
121 5.15(1) C
121.1 5.15(2) C
57 Division 2 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 130:
Item

Column 1

Provision

Column 2

Violation Type
130.1 5.16.1 D
130.2 5.16.2(1)(a) D
130.3 5.16.2(1)(b) D
130.4 5.16.3(a) D
130.5 5.16.3(b) D
130.6 5.16.4(1)(a) D
130.7 5.16.4(1)(b) D
130.8 5.16.4(1)(c) D
130.9 5.16.4(1)(d) D
130.91 5.16.4(1)(e) D
130.92 5.16.4(1)(f) A
130.93 5.16.4(2) D
58 Division 2 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 135:
Item

Column 1

Provision

Column 2

Violation Type
135.1 5.19(3) D
59 Item 734.1 of Division 4 of Part 2 of Schedule 1 to the Regulations is replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
734.1 244.1(1) A
734.2 244.1(2) A
734.3 244.1(4) A
60 Item 749 of Division 4 of Part 2 of Schedule 1 to the Regulations is replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
749 246(1) C
749.1 246(2) C
61 Division 4 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 796:
Item

Column 1

Provision

Column 2

Violation Type
796.1 255.1 D
796.2 255.2(1)(a) D
796.3 255.2(1)(b) D
796.4 255.3(a) D
796.5 255.3(b) D
796.6 255.4(1)(a) D
796.7 255.4(1)(b) D
796.8 255.4(1)(c) D
796.9 255.4(1)(d) D
796.91 255.4(1)(e) D
796.92 255.4(1)(f) A
796.93 255.4(2) D
62 Division 5 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 345:
Item

Column 1

Provision

Column 2

Violation Type
345.1 11.23.1 D
345.2 11.23.2(1)(a) D
345.3 11.23.2(1)(b) D
345.4 11.23.3(a) D
345.5 11.23.3(b) D
345.6 11.23.4(1)(a) D
345.7 11.23.4(1)(b) D
345.8 11.23.4(1)(c) D
345.9 11.23.4(1)(d) D
345.91 11.23.4(1)(e) D
345.92 11.23.4(1)(f) A
345.93 11.23.4(2) D
63 Division 5 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 360:
Item

Column 1

Provision

Column 2

Violation Type
360.1 11.28(2) D
360.2 11.28(3) D
64 Item 109 of Division 6 of Part 2 of Schedule 1 to the Regulations is replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
109 7.2.1(1) A
109.1 7.2.1(2) A
109.2 7.2.1(4) A
65 Item 125 of Division 6 of Part 2 of Schedule 1 to the Regulations is replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
125 7.6(1) C
125.1 7.6(2) C
66 Division 6 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 166:
Item

Column 1

Provision

Column 2

Violation Type
166.1 7.20.1 D
166.2 7.20.2(1)(a) D
166.3 7.20.2(1)(b) D
166.4 7.20.3(a) D
166.5 7.20.3(b) D
166.6 7.20.4(1)(a) D
166.7 7.20.4(1)(b) D
166.8 7.20.4(1)(c) D
166.9 7.20.4(1)(d) D
166.91 7.20.4(1)(e) D
166.92 7.20.4(1)(f) A
166.93 7.20.4(2) D

Coming into Force

67 These Regulations come into force on the day on which they are registered.

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Privacy notice

The information you provide is collected under the authority of the Financial Administration Act, the Department of Public Works and Government Services Act, the Canada–United States–Mexico Agreement Implementation Act,and applicable regulators’ enabling statutes for the purpose of collecting comments related to the proposed regulatory changes. Your comments and documents are collected for the purpose of increasing transparency in the regulatory process and making Government more accessible to Canadians.

Personal information submitted is collected, used, disclosed, retained, and protected from unauthorized persons and/or agencies pursuant to the provisions of the Privacy Act and the Privacy Regulations. Individual names that are submitted will not be posted online but will be kept for contact if needed. The names of organizations that submit comments will be posted online.

Submitted information, including personal information, will be accessible to Public Services and Procurement Canada, who is responsible for the Canada Gazette webpage, and the federal institution managing the proposed regulatory change.

You have the right of access to and correction of your personal information. To seek access or correction of your personal information, contact the Access to Information and Privacy (ATIP) Office of the federal institution managing the proposed regulatory change.

You have the right to file a complaint to the Privacy Commission of Canada regarding any federal institution’s handling of your personal information.

The personal information provided is included in Personal Information Bank PSU 938 Outreach Activities. Individuals requesting access to their personal information under the Privacy Act should submit their request to the appropriate regulator with sufficient information for that federal institution to retrieve their personal information. For individuals who choose to submit comments anonymously, requests for their information may not be reasonably retrievable by the government institution.