Section 7 of the Occupational Health & Safety Act in Ontario, Regulation 851 for Industrial Establishments requires Pre-Start Health and Safety Reviews to be performed when existing processes have new or modified engineering controls, or new apparatus, structure, or when protective elements are constructed or modified. The Ontario Ministry of labour has approved some changes which will improve personnel and employee health and safety within industrial establishments. Section 7 of the Act was amended in 2021 by Ontario Regulation 434 and these changes will take effect in January 2022. This blog was created to provide the reader with an overview.
While these amendments address minor changes to how a Pre-Start Health and Safety Review (PSR) is done, they also provide more clarity to the applicable circumstances triggering the need for a PSR and some of the exceptions that might apply. The revised Table in section 7 now contains a consolidated list of exceptions making it easier to understand and reference.
Here is a link to the OH&S Act, Regulation 851 for Industrial Establishments, including section 7 and the revised table. https://www.ontario.ca/laws/regulation/900851#BK6 . Included are changes to be implemented January 2022, by O.Reg. 434/21.
A notable change is indicated in Item #1 regarding the storage and dispensing of flammable liquids. It states that a PSR is required if:
– More than 235 litres of flammable liquids are in a building or room.
– Flammable liquids are dispensed in a building, room, or area.
The amendments further state that an Owner, Lessee or Employer shall ensure that a pre-start health and safety review is conducted when:
1) A new apparatus, structure or protective element is to be constructed, added, or installed or a new process is to be used; or
2) An existing apparatus, structure, protective element, or process is to be modified and one of the following steps must be taken to comply with applicable provisions:
– 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.
The Owner is responsible to ensure that the PSR is completed, and a Professional Engineer is required to conduct the PSR for all applicable circumstances in the Table for section 7, Item #1 to #7. There is an exception for item #8, whereby the Owner can choose to get the PSR conducted by a P. Eng. or someone who possesses special, expert, or professional knowledge or qualification to assess potential hazards for:
– A process which uses or produces a hazardous biological or chemical agent and uses a ventilation system to limit the exposure of a worker in accordance with any exposure limit set out in Regulation 833 (Control of Exposure to Biological or Chemical Agents).
The amendment puts more emphasis on the record keeping for all PSRs conducted. Subsections 5 to 9 in the revised section 7 talk about these changes and a quick summary follows:
1) The PSR report shall be submitted to Owner, Lessee, or Employer in writing, signed and dated by the reviewer. This should also include the P. Eng. seal if the PSR is conducted by a Professional Engineer. If the reviewer is not a Professional Engineer, the person’s special, expert, or professional knowledge or qualification should be a part of the report.
2) The Owner is responsible to address all inadequacies and measures highlighted in the report.
– If any of these measures are not taken, the Owner is expected to provide a written notice to the Joint Health and Safety committee or the Health and Safety representative and clarify any alternate measures taken to comply with the applicable provisions.
– All exceptions, reports, and documentation related to the PSR should be kept and made available for review at the establishment.
Cemcorp Ltd. has the professional knowledge and expertise to successfully conduct PSRs and has assisted many clients achieve a safer workplace. If you require a PSR or just need some guidance about workplace safety at your facility, then give us a call at 905.566.7227. We are here to help!
