Are you Managing Asbestos-containing materials correctly according to Regulation 278/05 and construction projects?

Knowing the location, condition, type of asbestos, friability (and quantity), as well restricting disturbance, training etc. are all Regulated requirements.An assessment for friable and non-friable asbestos-containing materials (ACM) is required to be performed in buildings as per Ontario Ministry of Labour Regulation 278/05, for the purposes of management of ACM. If asbestos-containing materials are present, an asbestos management plan is required. Knowing the location, condition, type of asbestos, friability (and quantity), as well restricting disturbance, training etc. are all Regulated requirements.

Separate assessments that include destructive testing for ACM should be performed prior to construction in most buildings, with the possible exceptions of those buildings where ceiling spaces and walls spaces are visible and there is no destructive testing required. Performing this type of assessment limits the unexpected discovery and disturbance of hidden/unknown ACM during construction, and is prudent as removal and disturbance of ACM is a regulated requirement under o. Reg. 278/05.

As per Section 30 of the Ontario Occupational Health and Safety Act Revised Statutes of Ontario 1990, (as amended), prior to tendering project work in a building, the building owner must provide a report on Designated Substances (including asbestos) to contractors tendering on the work. In turn, all contractors requesting tenders from subcontractors must furnish this report to subcontractors. The Owner is responsible for the contractors’ costs for abatement if this is not provided. This is another instance where destructive testing for ACM can and should be performed where it might not be possible during a management level assessment for asbestos. There is no regulated requirement to have a Designated Substances Assessment completed for the purposes of management or maintenance of Designated Substances (excepting asbestos under the specific O.Reg. 278/05).

The following is a list of Designated Substances that are often present in buildings;

• Asbestos
• Lead 
• Mercury
• Silica (free crystalline silica)

The following designated substances (in pure form) are not typically found in buildings, and more often present in manufacturing etc.:

• Ethylene Oxide
• Vinyl Chloride (vinyl chloride monomer, not PVC)
• Benzene
• Arsenic
• Coke Oven Emissions
• Acrylonitrile
• Isocyanates

Often we add the following to the list of substances identified in hazardous materials assessments, as their presence can impact construction or disposal costs:

• Polychlorinated Biphenyls (PCBs)
• Ozone Depleting Substances (ODS)
• Visible Mould (Microbial Contamination)

ODSs and PCBs are regulated with regards to handling and disposal but not for management purposes. 

Mould has become a much larger issue in recent years, but an assessment for the presence of mould is not a regulated requirement. In summary, we tend to only perform Hazardous Materials Assessments (and destructive testing) prior to construction, but perform asbestos assessments for management at all times. 

We have had clients ask for Designated Substances Assessments in lieu of construction, but we do see more value in performing this with destructive testing immediately prior to construction.

Article By: Anthony Rakic Senior Project Manager, Hazardous Materials, at Pinchin Ltd.