Legal obligations (LSST RSST CSTC)
June 6, 2015 is the Deadline for Safe Management of Asbestos by Employers
In June 2013, the Regulation respecting occupational health and safety1 (the “Regulation”) was amended to impose new obligations on employers regarding the safe management of asbestos. Employers have until June 6, 2015 to comply with these obligations.
Cette nouvelle réglementation varie selon l'année de construction du bâtiment et le type de matériaux. Elle cible principalement les bâtiments dont les flocages (application par projection) peuvent contenir de l'amiante. La nouvelle règle touche aussi les bâtiments construits avant le 20 mai 1999 afin de localiser les calorifuges (matériaux isolants) contenant de l'amiante et d'en vérifier l'état.
New obligations imposed by the Regulation
The Regulation now obliges employers to inspect buildings where their employees work:
- In the case of buildings built before February 15, 1990, the building must be inspected in order to locate “flocking” containing asbestos and verify the state of such material. Flocking is a mixture of friable materials applied by spray to cover a surface.
- In the case of buildings built before May 20, 1999, the building must be inspected in order to locate “heat insulating material” containing asbestos and verify the state of such material. Heat insulating material means insulating material that covers a facility or equipment to prevent heat loss.
It is important to note that these obligations apply to all employers, regardless of whether they own or lease the building where their employees work. In cases where the employer leases the building, the employer may reach an agreement with the owner on responsibility for inspection costs or the cost of any remedial work that may be required. However, responsibility under the Regulation for inspections and remedial work rests solely on the employer, and not on the building’s owner.
