New Hazardous-Substance Rules for Federal Workplaces

Summary#

On October 28, 2023, the federal government published a proposal to update hazardous‑substance rules in five workplace health and safety regulations under the Canada Labour Code. If adopted, the changes would add or tighten rules on nanomaterials, thermal stress, non‑solar UV radiation, and radon, tighten air‑sampling and record‑keeping (now 30 years), update referenced standards, and change enforcement rules; the government estimates $70M in costs and $96.4M in benefits (both present value over 20 years) for a net benefit of $26.4M (PV).

What it does#

• Adds new protections and rules across these five regulations:
  • Canada Occupational Health and Safety Regulations (COHSR)
  • Aviation Occupational Health and Safety Regulations (AOHSR)
  • Maritime Occupational Health and Safety Regulations (MOHSR)
  • On Board Trains Occupational Health and Safety Regulations (OBTOHSR)
  • Oil and Gas Occupational Safety and Health Regulations (OGOSHR)
• New or clarified requirements (high‑level):
  • Nanomaterials: require an engineered‑nanomaterial exposure and prevention program following CSA Z12885 (ambulatory reference to the standard).
  • Thermal stress (heat and cold): require employers to develop and use monitoring, clothing, work‑rest cycles, engineering and administrative controls, and training following the ACGIH guidance in TLVs and BEIs.
  • Non‑solar ultraviolet (UV) radiation: limit workplace exposure to UV wavelengths 180–400 nm to the ACGIH exposure limits.
  • Radon: lower the acceptable workplace radon level from 800 Bq/m3 to 200 Bq/m3 (to match Health Canada guidance); add or remove the rule in particular sector regulations as appropriate.
  • Missing exposure limits: where the ACGIH has no limit, require employers to keep airborne concentrations “as low as feasible.”
  • Air sampling: require sampling in the employees’ breathing zone, follow the NIOSH Occupational Exposure Sampling Strategy Manual, and record equipment, flow rates and sampling duration.
  • Records: harmonize retention so air‑sampling and hazard records must be kept 30 years.
  • Standards: change several static references to ambulatory (point to the latest version automatically), and remove obsolete standards.
  • Enforcement: amend the Administrative Monetary Penalties (Canada Labour Code) Regulations so the new rules can be enforced, including administrative penalties for serious breaches.
• Status: this is a proposed set of amendments (Part I notice). The public can comment during the 30‑day prepublication comment period that began with the Canada Gazette posting on October 28, 2023.

Who's affected#

• All workplaces under federal jurisdiction (about 1.3 million employees across Canada), including sectors such as air, rail, road and marine transport, pipelines, banking, telecommunications, broadcasting, postal services, grain and flour mills, research labs, and some Crown or Indigenous employers.
• Specific groups likely to notice the changes:
  • Indoor workplaces: an estimated ~25,000 workplaces would need radon testing, with about 875 expected to require mitigation under the new 200 Bq/m3 limit.
  • Employers that handle nanomaterials: the proposal estimates about 30,000 workers exposed and roughly 1,200–2,000 employers affected (the source gives different figures in places).
  • Workers exposed to thermal extremes: about 58,000 federally regulated workers would be affected immediately (outdoor and indoor).
  • Welders and others using UV‑emitting equipment (transport garages, vehicle maintenance, some labs).
  • Small businesses: estimated ~5,405 small businesses in the federal jurisdiction would face compliance costs (the source estimates about $1,187 per affected small business over 20 years, present value).
• If you’re an employer, health‑and‑safety representative, union, or a worker in a federally regulated sector, these changes would directly affect workplace procedures, training, and record keeping.

Why it matters#

• Health protections: the package fills gaps in the existing rules for newer or previously unregulated hazards (nanomaterials, thermal stress, non‑solar UV, radon). For example, lowering radon to 200 Bq/m3 is intended to reduce lung‑cancer risk in workplaces; the government estimates prevention of about 9.93 cases of lung cancer over 20 years in the federal jurisdiction.
• Practical workplace effects: employers will need to test and sometimes fix buildings for radon, set up thermal‑stress programs (monitoring, rest cycles, training), run nanomaterial exposure‑control programs, take clearer air samples from breathing zones, and keep sampling records for 30 years.
• Costs and benefits: the government’s analysis projects $70M in present‑value costs and $96.4M in present‑value benefits over 20 years, producing a positive net benefit of $26.4M (PV). Costs are uneven: radon mitigation and thermal‑stress controls account for large shares.
• Next steps: this is a proposal, not final law. Interested parties had a 30‑day window to comment after the October 28, 2023 Canada Gazette posting. The final content and timing of any coming into force depend on the regulatory process that follows.