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Disclaimer: This resource has been prepared to help the workplace parties understand some of their obligations under the Occupational Health and Safety Act (OHSA) and regulations. It is not legal advice. It is not intended to replace the OHSA or the regulations. For further information please see full disclaimer.
The classification of the work determines what other provisions of the Regulation apply to an operation; for example, notification requirements (section 11), measures and procedures (sections 14, 15, 16, 17, and 18), medical surveillance (section 22), record keeping (sections 21 and 22), and training and certification requirements for workers involved Type 3 operations (section 20). As the classification of the work goes from Type 1 to Type 3, the corresponding requirements of the Regulation become increasingly more stringent. The Regulation does not specify who is to do the classification, but, in most cases, it will be the constructor or employer, often in consultation with an appropriately qualified consultant.
The three classifications of operations (Type 1, Type 2 and Type 3) have been established according to the asbestos hazard presented by the work, both to those doing the work and to others outside the work area. They can be thought of as being associated with a low, medium, and high risk of exposure. Activities have been assigned to one of the three types of operations based on an assessment of the risk of exposure. Factors that affect worker exposure to asbestos include the type of asbestos, the type of binder or matrix, the type of work, and the type of control measures used.
Type 1 operations present the lowest exposure risk, generally including the installation or removal of ACM products that are non-friable, that is, material that is not easily crumbled between the thumb and the fingers, or is not already crumbled. The work must be done without damaging the material, or where the material will be damaged, the spread of fibres must be controlled by wetting the material and using non-powered handheld tools. Type 1 operations include:
[ * ] damage includes breakage, cutting, abrading, grounding, sanding, and vibration.
Hand Sawing Asbestos Cement Pipe
Manual Pipe Cutter
Scribing and Breaking Asbestos Cement
Source: Construction Safety Association of Ontario
The following types of operations are classified as Type 2 operations:
Work that may expose a worker to asbestos and that is not classified as a Type 1 or Type 3 operation, is also to be classified as a Type 2 operation.
Source: Construction Safety Association of Ontario
Work with friable or non-friable ACM that has the potential to generate high concentrations of asbestos fibres in air is classified as Type 3. Type 3 operations include:
Removal of more than one square meter of Friable Asbestos
Source: Construction Safety Association of Ontario
Problems in classifying asbestos work may arise either because the Regulation does not say how a particular job is to be classified or because there is a dispute regarding the classification of the work. Any work with asbestos that is not mentioned in the Regulation as Type 1 or Type 3 is to be classified as Type 2 (see paragraph 11 of subsection 12(3)). Subsection 12(6) says that disputes regarding the classification of the work can be referred to a Ministry of Labour inspector, nearest the workplace of the dispute, by anyone involved in the dispute. The inspector will investigate and provide a written decision. Work on the operation must cease until the inspector has given a decision in writing.
The referral of a dispute to a Ministry inspector does not affect an inspector's power to issue an order for a contravention of the Regulation.
It is the Ministry's position that wetting does not adequately control the spread of dust and fibres during the breaking, cutting, drilling, abrading, grinding, sanding or vibrating of asbestos-containing plaster, stucco and other hard finishes by means of non-powered hand-held tools. As such, Type 1 procedures cannot be used for work on these materials. The work will likely be classified as a Type 2 (subsection 12(3), paragraph 6, subsection 12(3) paragraph 8) or Type 3 (subsection 12(4) paragraph 5) operation depending on the tools used.
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Disclaimer: This web resource has been prepared to assist the workplace parties in understanding some of their obligations under the Occupational Health and Safety Act (OHSA) and the regulations. It is not intended to replace the OHSA or the regulations and reference should always be made to the official version of the legislation.
It is the responsibility of the workplace parties to ensure compliance with the legislation. This web resource does not constitute legal advice. If you require assistance with respect to the interpretation of the legislation and its potential application in specific circumstances, please contact your legal counsel.
While this web resource will also be available to Ministry of Labour inspectors, they will apply and enforce the OHSA and its regulations based on the facts as they may find them in the workplace. This web resource does not affect their enforcement discretion in any way.
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