INDUSTRIAL ESTABLISHMENTS, R.R.O. 1990, Reg. 851

• Jurisdiction: Ontario

Occupational Health and Safety Act

R.R.O. 1990, REGULATION 851

INDUSTRIAL ESTABLISHMENTS

Consolidation Period: From July 1, 2022 to the e-Laws currency date.

Last amendment: 374/22.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“adequate”, when used in relation to a procedure, plan, material, device, object or thing, means that it is,

(a) sufficient for both its intended and its actual use, and

(b) sufficient to protect a worker from occupational illness or occupational injury; (“adéquat”)

“adequately” has a meaning that corresponds to the meaning of “adequate”; (“adéquatement”)

“boom” means the projecting part of a back-hoe, shovel, crane or similar lifting device from which a load is likely to be supported; (“flèche”)

“fire-resistance rating” means the rating in hours or fraction thereof that a material or assembly of materials will withstand the passage of flame and the transmission of heat when exposed to fire, as established for the material or assembly of materials under the Building Code Act; (“indice de résistance au feu”)

“flammable liquid” means a liquid having a flash point below 37.8° Celsius, and a vapour pressure below 275 kilopascals absolute at 37.8° Celsius; (“liquide inflammable”)

“foundry” means the part of a building or premises or the workshop, structure, room or place in which base metals or their alloys are cast in moulds, other than permanent moulds, or where core-making, shakeout or cleaning or any casting or other dust-causing operation ancillary to the casting process is carried on; (“fonderie”)

“gangway” means a defined passageway between a metal melting unit and a metal pouring area; (“passage”)

“lifting device” means a device that is used to raise or lower any material or object and includes its rails and other supports but does not include a device to which Ontario Regulation 209/01 (Elevating Devices), made under the Technical Standards and Safety Act, 2000, applies; (“appareil de levage”)

“log” includes tree-length pulpwood and a pit prop, pole, post, tie or any similar product; (“bille”)

“pouring aisle” means a passageway leading from a gangway where metal is poured into a mould or box; (“allée de coulée”)

“prime mover” means an initial source of motive power; (“élément moteur”)

“service room” means, in relation to a building, a room that accommodates building services and includes a boiler room, furnace room, incinerator room, garbage room, elevator machine room and a room that accommodates air conditioning or heating appliances, pumps, compressors or electrical services; (“local technique”)

“transmission equipment” means any object or objects by which the motion of a prime mover is transmitted to a machine that is capable of utilizing such motion and includes a shaft, pulley, belt, chain, gear, clutch or other device; (“organe de transmission”)

“working space” means any space where persons are engaged in the performance of work within a foundry but does not include offices, lunch rooms, locker rooms, change rooms, rest rooms, washrooms, shower rooms, toilet rooms, pattern shops, maintenance shops, laboratories, shipping areas, the storage space occupied by equipment or materials not regularly in use or the enclosed space where core sands and moulding sands are stored. (“aire de travail”) R.R.O. 1990, Reg. 851, s. 1; O. Reg. 516/92, s. 1; O. Reg. 629/05, s. 1; O. Reg. 420/10, s. 1; O. Reg. 60/18, s. 1; O. Reg. 374/22, s. 1.

Alternative Methods and Materials

2. An employer, owner or constructor may vary a procedure required by this Regulation or the composition, design, size or arrangement of a material, object, device or thing as required by this Regulation,

(a) if the procedure, composition, design, size or arrangement as varied affords protection for the health and safety of workers that is at least equal to the protection that would otherwise be given; and

(b) if the employer, owner or constructor gives written notice of the varied procedure, composition, design, size or arrangement to the joint health and safety committee or the health and safety representative, if any, for the workplace and to any trade union representing workers at the workplace. O. Reg. 186/19, s. 2.

Application

3. This Regulation applies to all industrial establishments. R.R.O. 1990, Reg. 851, s. 3.

PART I
SAFETY REGULATIONS

4. (1) Subject to subsection (2), the minimum age of,

(a) a worker; or

(b) a person who is permitted to be in or about an industrial establishment,

shall be,

(c) sixteen years of age in a logging operation;

(d) fifteen years of age in a factory other than a logging operation; and

(e) fourteen years of age in a workplace other than a factory. R.R.O. 1990, Reg. 851, s. 4 (1).

(2) Clause (1) (b) does not apply to a person who,

(a) while in the industrial establishment, is accompanied by a person who has attained the age of majority;

(b) is being guided on a tour of the industrial establishment;

(c) is in an area of the industrial establishment used for sales purposes; or

(d) is in an area of the industrial establishment to which the public generally has access. R.R.O. 1990, Reg. 851, s. 4 (2).

(3) Clauses (1) (d) and (e) do not apply with respect to a worker who works as a performer in the entertainment and advertising industry. O. Reg. 179/07, s. 1.

(4) In subsection (3),

“entertainment and advertising industry” means the industry of producing,

(a) live or broadcast performances, or

(b) visual, audio or audio-visual recordings of performances, in any medium or format; (“industrie du spectacle et de la publicité”)

“performance” means a performance of any kind, including theatre, dance, ice skating, comedy, musical productions, variety, circus, concerts, opera, modelling and voice-overs, and “performer” has a corresponding meaning. (“representation”) O. Reg. 179/07, s. 1.

5.-6. Revoked: O. Reg. 421/21, s. 1.

Pre-Start Health and Safety Reviews

7. (1) In this section,

“apparatus” means equipment or a machine or device; (“appareil”)

“applicable provision” means an applicable provision of this Regulation that is listed in the Table; (“disposition applicable”)

“protective element” means a shield, a guard, an operating control acting as a guard, a locking device or any other device preventing access; (“élément protecteur”)

“spray booth” means a spray booth as defined in Ontario Regulation 213/07 (Fire Code) made under the Fire Protection and Prevention Act, 1997; (“cabine de pulvérisation”)

“Table” means the Table to this section. (“tableau”) O. Reg. 528/00, s. 2; O. Reg. 420/10, s. 3 (1); O. Reg. 434/21, s. 1 (1).

(2) Subject to subsection (3), an owner, lessee or employer shall ensure that a pre-start health and safety review is conducted if, in a factory, an applicable provision applies and a corresponding circumstance described in the Table will exist,

(a) because a new apparatus, structure or protective element is to be constructed, added or installed or a new process is to be used; or

(b) because an existing apparatus, structure, protective element or process is to be modified and one of the following steps must be taken to obtain compliance with the applicable provision:

(i) New or modified engineering controls are used.

(ii) Other new or modified measures are used.

(iii) A combination of new, existing or modified engineering controls and other new or modified measures is used. O. Reg. 434/21, s. 1 (2).

(3) A pre-start health and safety review is not required,

(a) at a logging operation; or

(b) if an exemption set out in the Table applies. O. Reg. 434/21, s. 1 (2).

(4) A pre-start health and safety review shall be conducted by,

(a) an engineer for item 1, 2, 3, 4, 5, 6 or 7 of the Table; and

(b) an engineer or a person who in the opinion of the owner, lessee or employer possesses special, expert or professional knowledge or qualifications appropriate to assess any potential or actual hazards for item 8 of the Table. O. Reg. 434/21, s. 1 (2); O. Reg. 374/22, s. 2.

(5) A report on the pre-start health and safety review shall,

(a) be made to the owner, lessee or employer in writing;

(b) be signed and dated by the person conducting the review;

(c) have a seal affixed to it in accordance with the requirements under the Professional Engineers Act, if the person conducting the review is an engineer; and

(d) include the following information:

(i) details of the measures to be taken for compliance with the applicable provisions,

(ii) if item 3 or 7 of the Table applies, details of the structural adequacy of the apparatus or structure,

(iii) if any testing is to be performed before the apparatus, structure, protective element or process can be operated or used, as the case may be, details of the measures to be taken to protect the health and safety of workers while the testing is carried out, and

(iv) if the person conducting the review is not an engineer, the person’s special, expert or professional knowledge or qualifications. O. Reg. 434/21, s. 1 (2); O. Reg. 374/22, s. 2.

(6) If a pre-start health and safety review is required, the owner, lessee or employer shall ensure that the apparatus, structure, protective element or process is not operated or used, as the case may be, unless the review has been conducted and,

(a) all measures identified in the review as being required for compliance with the applicable provisions have been taken; or

(b) if some or all of the measures specified in clause (a) are not taken, the owner, lessee or employer has provided written notice to the joint health and safety committee or the health and safety representative, if any, of what measures have been taken to comply with the applicable provisions. O. Reg. 434/21, s. 1 (2).

(7) If a pre-start health and safety review is required, the owner, lessee or employer shall provide a copy of the written report made under...