Rules
and Regulations
The Occupational Health
and Safety Act (OHSA) establishes the rights and duties of all
parties within the workplace with the focus being the protection of
workers from injury while on the job. The Ontario Ministry of Labour
(MOL) is the government authority that enforces the OHSA when
compliance has not been achieved through the internal responsibility
of an employer. This mandate for the ministry involves a wide range
of business sectors that cover the majority of Ontario workplaces.
Application of the Act to such an extensive group of workplaces is
addressed by the specific regulations established by the Ontario
government.
Regulation 851 was
developed to address the issues specific to all industrial
establishments such as factories, offices, arenas, or shops operating
within Ontario. It is for this reason that Regulation 851 covers a
broad range of requirements on topics such as industrial hygiene,
machine guarding, fire prevention, confined spaces, equipment
maintenance, material handling, and protective equipment. Certain
Sections of Regulation 851 require the preparation of a written
report to provide a permanent record regarding the occurrence of
health & safety issues. In particular, Section 7 requires
preparation of a written report detailing the measures that must be
taken for compliance with the relevant provisions listed in the
Table1. These reports are referred
to as "Pre-start Health & Safety Reviews" and their
application as described in the regulation is as follows:
The Act reads:
A pre-start health and safety review is
required if, in a factory other than a logging operation, a provision
of this Regulation listed in the Table
applies and the circumstances described in the Table will exist,
because a new apparatus, structure or protective element is to
constructed, added or installed or a new process is to be used; or
because
an existing apparatus, structure, protective element or process is
to be modified and one of the following steps must be taken to
obtain compliance with the applicable provision:
New or
modified engineering controls are used.
Other
new or modified measures are used.
A
combination of new, existing or modified engineering controls and
other new or modified measures is used.
Provision Table
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Applicable provisions of Regulation 851
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Circumstances
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1.
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Subsections 22 (1), (2) and (4)
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Flammable liquids are located or dispensed in a
building, room or area.
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2.
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Sections 24, 25, 26, 28, 31 and 32
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If any of the following are used as protective
elements in connection with an apparatus:
Safeguarding
devices that signal the apparatus to stop, including but not
limited to safety light curtains and screens, area scanning
safeguarding systems, radio frequency systems and capacitance
safeguarding systems, safety mat systems, two-hand control
systems, two-hand tripping systems and single or multiple beam
systems.
The barrier guards use interlocking
mechanical or electrical safeguarding devices.
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3.
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Clause 45 (b)
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Material, articles or things are placed or
stored on a structure that is a rack or stacking structure.
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4.
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Section 63
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A process involves a risk of ignition or
explosion that creates a condition of imminent hazard to a
person's health or safety.
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5.
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Section 65
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The use of a dust collector involves a risk of
ignition or explosion that creates a condition of imminent hazard
to a person's health or safety.
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6.
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Sections 87.3, 87.4, 87.5 and 88, subsections
90 (1), (2) and (3), and sections 91, 92, 94, 95, 96, 99, 101 and
102
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A factory produces aluminum or steel or is a
foundry that melts material or handles molten material.
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7.
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Sections 51 and 53
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The construction, addition, installation or
modification that relates to a lifting device, traveling crane or
automobile hoist.
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8.
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Sections 127 and 128
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This process uses or produces a substance that
may result in the exposure of a worker in excess of any
occupational exposure limits as set out in Regulation 833, 835,
836, 837, 838, 839, 840, 841, 842, 843, 844, 845 or 846 of the
Revised Regulations of Ontario, 1990.
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1
From Section 7, Ontario
Regulation 851 as amended by O. Reg. 528/00, Occupational Health and
Safety Act
Click on the links provided below for additional
information on laws and standards applicable in Ontario:
MOL
(GOVERNMENT) -- Ontario Ministry Of
Labour (Guidelines for Pre-Start Health and Safety Review: How to
Apply Section 7 of the Regulation for Industrial Establishments)
MOL
(GOVERNMENT) -- Ontario Ministry Of
Labour (General Information)
CSA
-- Canadian Standards Association
ANSI
--
American National Standards Institute
ISO
--
International Organization for Standardization
ASME
-- The
American Society of Mechanical Engineers
NFPA
-- The
National Fire Protection Association
Still
have questions or require a Pre-Start Health and Safety Review?
Contact
us and ask to speak with one of our industrial health &
safety specialists.
Click
on the link below for a PDF version of our Industrial Health &
Safety brochure.
June
2005
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