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6. Information for Workers

  • Issued: November 2007
  • Content last reviewed: May 2011

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.

When must the worker be informed?

The worker must be informed when the work they are doing involves material that is:

  • ACM;
  • being treated as if it were ACM;
  • found in a building of which the employer is not the owner and may contain ACM.

The worker must also be advised if the work they are doing is in close proximity to the ACM and as a result may disturb it.

What is considered "in close proximity"?

The proximity of the work must be close enough that ACM may be disturbed during the doing of the work. This will have to be determined on a case-by-case basis.

Who must inform the worker and in what form is the advice provided?

The constructor or the employer must advise the worker and provide information that clearly indicates:

  • the location of all known ACM;
  • the location of all material being treated as though it were ACM; and/or,
  • all material that may be ACM that is found in a building and is the subject of a notice from the employer (engaged in the work) to the owner of the building.

The constructor or the employer must also advise the worker whether the material in each location is friable or non-friable. In those cases where the friable material has been sprayed on, the worker must be advised (if the material is known to be ACM), of the type of asbestos (if known) or in any other case a statement that the material will be treated as though it contains a type of asbestos other than chrysotile.

Where the employer is also the owner of the building and his or her workers may do work that involves material described in subsection 8(2), the owner must also advise those workers of the:

  • location of said material;
  • whether the material is friable or non-friable;
  • in the case of friable sprayed on material, the type of asbestos (if the material is known to be ACM) or on any other case a statement that the material will be treated as though it contained a type of asbestos other than chrysotile.

Does the information in 5(2) have to be in writing?

While the Regulation does not specify how the information is to be provided, the Ministry recommends that the employer provide the information in writing to avoid any uncertainty about whether the information has been provided.

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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.