T. 416.968.7200
New PPE and Toilet Regulation In Effect July 1, 2023
So there can be no misunderstanding, here’s the new regulation under the Occupational Health and Safety Act for Personal Protective Equipment and toilet and cleanup facilities on construction sites. Your member contractors should be made aware of these changes. It will come into force on July 1, 2023.
ONTARIO REGULATION 61/23
made under the OCCUPATIONAL HEALTH AND SAFETY ACT
Made: March 9, 2023 | Filed: March 29, 2023 |
Published on e-Laws: March 29, 2023 | Printed in The Ontario Gazette: April 15, 2023
AMENDING O. REG. 213/91 (CONSTRUCTION PROJECTS)
1. Section 21 of Ontario Regulation 213/91 is amended by adding the following subsection:
(4) Personal protective clothing and equipment that is provided, worn or used shall be a proper fit, having regard to all relevant factors including body types.
2. (1) Subsection 29 (4) of the Regulation is revoked and the following is substituted:
(4) Subject to subsections (5) and (6), the facilities shall be located not more than 90 metres, where reasonably possible, and otherwise not more than 180 metres, measured horizontally, from the project work area.
(2) Section 29 of the Regulation is amended by adding the following subsection:
(11.1) The facilities shall be kept in good repair at all times.
3. (1) Subsection 29.1 (1) of the Regulation is revoked and the following substituted:
(1) Each toilet facility shall meet the following requirements:
1. The facility shall have,
i. a toilet with an open-front toilet seat,
ii. a toilet paper holder and an adequate supply of toilet paper, and
iii. a self-closing door that can be locked from the inside.
2. The facility shall,
i. be adequately illuminated by natural or artificial light,
ii. be adequately heated, if that is possible,
iii. be adequately ventilated, and
iv. afford the user privacy and protection from weather and falling objects.
3. If the facility is a single-toilet facility, it shall be completely enclosed.
(1.1) For greater certainty, the requirement that a facility be completely enclosed does not apply to a portable urinal.
(2) Section 29.1 of the Regulation is amended by adding the following subsections:
(2.1) Where the minimum number of toilets required at a project under subsection (5) or (7) is five or more, at least one facility at the project shall be for the use of female workers only, where reasonable in the circumstances.
(2.2) If the facility is intended for use by males only or females only, it shall have a sign indicating that.
(2.3) If the facility is intended for use by female workers, there shall be a disposal receptacle for sanitary napkins.
(3) Subsection 29.1 (4) of the Regulation is revoked and the following substituted:
(4) If a project is being carried out in a remote unpopulated area and it is not reasonably possible to provide toilet facilities required under subsection (3), other types of toilet facilities shall be provided.
4. (1) Subsection 29.2 (1) of the Regulation is revoked and the following substituting:
(1) Subject to subsection (1.0.1), each single-toilet facility shall be provided with its own clean-up facility.
(1.0.1) One readily accessible clean-up facility may be provided for every two single-toilet facilities if those single-toilet facilities are located together in the same area at the project.
(2) Subsection 29.2 (3) of the Regulation is revoked and the following substituted:
(3) If it is not reasonably possible to have a wash basin with running water at a clean-up facility, both of the following shall be provided:
1. A means of cleaning hands. 2. An alcohol-based hand sanitizer containing a minimum of 60 per cent alcohol.
Commencement