Amendments to the Workplace Safety and Health Regulation and the Administrative Penalty Regulation
The proposed amendments to the Workplace Safety and Health Regulation (Regulation) will implement consensus recommendations from the Workplace Safety and Health Act Review Committee (Review Committee). The Regulations will adopt mandatory training standards and certification requirements for those that work with asbestos or conduct asbestos sampling, establish a public registry of training providers and employers that work with asbestos or conduct asbestos sampling, and will require building owners to have the same responsibilities as employers related to asbestos.
In addition to the recommendations from the Review Committee, additional changes were identified during the drafting process that will clarify the term “asbestos containing material” (ACM), amend the notice period for reporting work that may release ACM, require an employer to obtain a serial number from the Workplace Safety and Health Branch (WSH) before undertaking asbestos work, and require that asbestos abatement work be done by a competent person.
Corresponding references to asbestos under the Administrative Penalty Regulation are also proposed to be updated.
The proposed amendments to the Workplace Safety and Health Regulation will:
- Require building owners to have the same responsibilities as employers to address gaps in communication and ensure safe working conditions related to asbestos.
- Adopt the Workers Compensation Board of Manitoba (WCB) Asbestos Abatement Training Program Standard into law for those that work with asbestos containing material.
- Adopt the WCB Asbestos Surveyor/Sampling Training Program Standard into law for those that carry out asbestos inventories or sampling.
- Require workers to be re-certified to the WCB standard to which they trained every three years.
- Establish a public registry of employers that have certified workers and work with asbestos or conduct sampling/inventories.
- Establish a public portal listing endorsed training providers for asbestos work.
- Include a transition period to provide time for compliance.
These amendments implement consensus recommendations of the Workplace Safety and Health Review Committee, which met in 2023-2024 to provide recommendations on the Workplace Safety and Health Act and regulations.
Additional items were identified that create interpretation and enforcement challenges. This amendment also proposes the following changes:
- Clarify the definition of “asbestos containing material” (ACM).
- Amend the notice period for reporting work that may release ACM.
- Require an employer to obtain a serial number from the Workplace Safety and Health branch before undertaking asbestos work.
- Require that asbestos abatement work be done by a competent person.
Corresponding references to asbestos in the Administrative Penalty Regulation are also proposed to be updated.
These amendments aim to strengthen protections for workers in Manitoba and ensure laws are in keeping with current developments in the field of occupational safety and health.
