Summary of Proposal:
The Ministry of Labour (the ministry) is proposing various amendments to Regulation 851 (Industrial Establishments) under the Occupational Health and Safety Act (OHSA). Regulation 851 applies to a variety of different workplaces in Ontario, including offices and office buildings, factories, arenas, shops, restaurants and logging operations. The regulation sets out sector-specific requirements that protect the health and safety of Ontarians who work in these workplaces. 

The ministry has prepared a consultation paper for public review and comment which highlights the proposed amendments to Regulation 851, which are intended to:

• Update existing requirements regarding guardrails, fall protection, protection against drowning, signallers, eyewash fountains and deluge showers to reflect current workplace practices, processes and technologies;
• Add new requirements for risk assessments and traffic management programs that are similar to recent amendments to Regulation 854 (Mines and Mining Plants);
• Add new requirements for scaffolds and suspended access equipment, similar to existing requirements currently set out in O. Reg. 213/91 (Construction Projects);
• Add new, specific requirements for storage racks and for high visibility safety apparel for signallers to improve worker health and safety and to improve clarity and transparency regarding compliance expectations; and
• Make additional amendments for clarification and to increase alignment between OHSA regulations.

Analysis of Regulatory Impact:


The Ministry of Labour (the ministry) is proposing various amendments to Regulation 851 (Industrial Establishments) under the Occupational Health and Safety Act (OHSA). Regulation 851 applies to a variety of different workplaces in Ontario, including offices and office buildings, factories, arenas, shops, restaurants and logging operations. The regulation sets out sector-specific requirements that protect the health and safety of Ontarians who work in these workplaces. All ministries are subject to requirements set out in the Reducing Regulatory Cost for Business Act, 2017 (RRCBA), which came into force January 1, 2018. As part of its obligations under the RRCBA, the Ministry of Labour is conducting a Regulatory Impact Analysis (RIA) of these proposed amendments. A RIA is a process of identifying and assessing the incremental benefits and costs of regulations and non-regulatory alternatives. Specifically, the ministry is seeking your comments and feedback pertaining to costs of implementing these proposed amendments. We would be particularly interested in receiving information about how the proposed amendments would impact costs associated with: capital and equipment; training and education; maintenance of new or previously owned equipment; labour; record keeping and reporting; other operating costs; and, other administrative costs. The ministry will consider the information provided as we develop the proposal and the associated RIA.