Modernizing Ontario’s Construction Regulation
Have you ever wondered how the Ministry of Labour, Training and Skills Development, referred to as the MOL, manages inspections of construction projects?
At many of the sites that I have worked at, we would have at least 20 ongoing projects at a time, per building!
Imagine how many active projects the MOL must track across Ontario? It could be new building construction, infrastructure (rail and highway), retrofits, excavations, demolitions, and so on.
In 2021, an average of $18 Billion per month was spent in Ontario for building construction work (residential and non-residential).
In addition to investigating critical injuries or fatalities on a job site, the MOL conducts proactive site inspections. These investigations are typically identified by using a monetary threshold and/or list of high hazard activities, reported through a Notice of Project as per O. Reg. 213/91 – Construction Projects.
Current Regulations
In Ontario, the regulation currently calls for construction projects with a cost of $50,000 or more (labour and materials), to have a Notice of Project (NOP) completed and submitted. Projects also involving high hazard activities such as demolition of buildings at least four metres high with a floor area of at least 30 m squared, alteration of a building more than two stories or 7.5 metres high, and tunnel/well work that requires a person to enter are also required to submit an NOP.
Why Are Changes Needed?
The high cost of construction materials, due to inflation and supply issues, has resulted in many projects that did not require an NOP to surpass the monetary threshold.
There is also the argument that construction projects with a value of over $50,000 does not necessarily mean it will be a high hazard project, and projects under $50,000 can have high hazard activities, such as residential roofing.
In an effort to reduce regulatory burdens without compromising health and safety requirements, the proposed amendments outlined below are part of the Modernizing Ontario for People and Businesses Act (MOPBA) and are currently under internal review having completed public consultation back on September 10, 2021.
What are the New Hazard-Based Triggers?
Below are the proposed hazard-based activities that would trigger an NOP submission by constructors.
Note that the MOL has not finalized the list and it may change as public feedback is integrated.
Constructors must file a Notice of Project if work includes:
Prior to installing a tower crane
Prior to erecting scaffolding 15 metres or higher above the base of support (10 metres if a tube and clamp system)
Excavation/trenching more than 1.2 meters deep in which a worker is required/permitted to enter
Prior to erecting formwork that is designed by a professional engineer
The use/handling of explosives at the construction project
Prior to installing of a temporary performance/event structure that is designed by a professional engineer, including pre-manufactured/engineered components assembled on site
Work on a sloped or build-up roof where workers are working less than 2 meters from the perimeter edge or roof opening, such as skylights
Work on a highway or freeway and is expected to require more than 5 days to complete
Work near or in proximity to overhead energized electrical lines where a load/scaffold/machine/person may make contact with the lines or minimum approach distance
Work performed on or near energized electrical equipment, regardless of voltage
Work above or near water involving dredging or generation of hydro electric power
Prior to any operations involving externally-loaded helicopter hoisting
Erection, structural alteration or repair of alternate energy source infrastructure (wind, solar, geothermal) that is connected to the power supply of a building/structure or distribution system
How Were These Amendments Developed?
The MOL developed this new list based on evidence such as the number of orders given in the past, injury and fatality data, Coroner’s Jury Recommendations, and field experience by the MOL inspectors.
These changes allow inspectors to conduct more targeted inspections and provide compliance assistance as needed, capturing high-risk but smaller value projects.
Final Thoughts
With the pandemic restrictions ramping down and construction activities increasing as workplaces re-open, the Ministry of Labour, Training and Skills Development are making a concerted effort to increase oversight and enforcement at workplaces activing working in high hazard situations.
While it is beneficial to update and expand the list of hazard-based activities to target activities more prone to injury/fatality, eliminating the monetary threshold instead of adjusting for inflation may be detrimental to addressing risk on projects that don’t have a hazard-based trigger. It also makes the submission of an NOP more subjective to the business.
Much work is still required to get the amendment’s to where they’re needed, but it is a strong step in the right direction to proactively identify high hazard activities and ensure appropriate protection measures are in place and enforced.
References:
https://www.ontariocanada.com/registry/view.do?postingId=38027&language=en