Amendment to O.Reg 833

Beginning on June 30th 2004, the permissible occupational exposure limits for 4 substances outlined in Ontario Regulation 833 ? Control of Exposures to Biological or Chemical Agents will be reduced considerably. ? In concurrence with the American Conference of Governmental Industrial Hygienist (ACGIH) exposure limits, the Ministry of Labour has approved a proposal to reduce the time-weighted average exposure values (TWAEV) and short-term exposure values (STEV) for manganese, butadiene, benzene and carbon monoxide. ? Most of these changes will take into effect in December of next year; however, the new TWAEV for manganese, which has been slashed 96%, is effective as of June 30th 2004.

Adopted changes for permissible exposure values.

Substance Current Limit New Limit Effective Date
Manganese (dust & compounds) TWAEV 5 mg/m3 0.2 mg/m3 June 30, 2004
1,3-Butadiene TWAEV 5 ppm 2 ppm Dec. 31, 2005
Benzene TWAEV

STEV

 1.0 ppm

5.0 ppm

 0.5 ppm

2.5 ppm

 Dec. 31, 2005
Carbon Monoxide TWAEV

STEV

 35 ppm

400 ppm

 25 ppm

100 ppm

 Dec. 31, 2005

Earlier this year amendments were also made to Bill C-45 of the Criminal Code (March 2004) to modernize the law with respect to the definitions of terms, criminal liability of corporations and the penalties corporations can face. Highlights of the amendments are:

Definitions

  • Neither terms people? nor corporation? are inclusive or specific enough to include all bodies that may be involved in a crime ? therefore the Bill now refers to organizations? as defined to include a public body, body corporate, a society, a company, a firm, a partnership, a trade union or an associations of persons creased for a common purpose.?

Criminal Liability

  • It is no longer necessary to demonstrate physical offense and criminal intent in the same individual ? physical and mental elements are attributed to entire organizations.
  • The class of individuals whose acts or omissions can supply the physical element of a crime has been expanded to include all employees, agents and contractors.
  • Criminal liability to is not charged to senior member? of an organization.
  • Negligence-based crimes are attributable to corporations/organization through the aggregate fault of the senior officer?. ? Crimes of intent or recklessness are attributable to a corporation or organization.

Penalties

  • Maximum fine on an organization has been increased from $25,000 to $100,000 for lesser offenses. ? ? No maximum fine for indictable offences.
  • Maximum penalty for an individual convicted of criminal negligence causing death? is life imprisonment.

Proposed Action: Review past industrial hygiene reports that included air monitoring for Manganese, 1,3-Butadiene, Benzene and Carbon Monoxide at your facility, and determine if there are any potential issues with respect to these substances. ? Do airborne concentrations of these substances approach the new limits? ? If so, consider having repeat hygiene testing and, if necessary, implementing control measures to reduce employee exposures. ? Also, as part of your due diligence, ensure that health and safety and emergency procedures and protocols currently in place are reviewed, evaluated and updated routinely and identify where procedures not in existence should be implemented.