Updates to Federal Hazardous-Substance Rules

Summary#

This is a proposed set of changes to health and safety rules under the Canada Labour Code that would update hazardous-substance protections across five federal OHS rules. If adopted, the amendments would add rules for nanomaterials, thermal stress, non‑solar UV radiation and radon (lowering the workplace radon level to 200 Bq/m3), clarify air-sampling and record-keeping, and make related enforcement changes. The Canada Gazette published the proposal on October 28, 2023 and invited comments for 30 days.

What it does#

• Updates the hazardous-substances parts of these rules: 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) and Oil and Gas Occupational Safety and Health Regulations (OGOSHR).
• Adds new requirements:
  • Employers must set up a nanomaterials exposure and prevention program following CSA Standard Z12885.
  • Employers must develop and use procedures to monitor and control thermal stress (heat and cold), following ACGIH guidance.
  • Limits and protections for non‑solar UV radiation (e.g., welding lamps) based on ACGIH exposure values.
  • Harmonizes workplace radon limits with Health Canada guidance by setting 200 Bq/m3 as the annual average limit (replaces the older 800 Bq/m3 figure).
• Fills gaps where exposure limits don’t exist by requiring airborne chemical levels “be kept as low as feasible.”
• Clarifies air-sampling rules (where samples should be taken, equipment details) by referencing the NIOSH sampling manual.
• Harmonizes record-keeping: air-sampling and hazard records must be kept for 30 years.
• Updates references to standards (changing some static references to “ambulatory” references so the latest versions apply).
• Amends the Administrative Monetary Penalties (Canada Labour Code) Regulations (AMPs Regulations) so these new obligations can be enforced financially if needed.

Who's affected#

• All workplaces under federal jurisdiction — roughly 1.3 million employees — including sectors such as air, rail, road and marine transportation, pipelines, banks, telecommunications, broadcasting, postal/courier services, grain handling, uranium mining, Crown corporations, First Nations band councils and the federal public service.
• Specific counts estimated in the analysis:
  • About 25,000 indoor workplaces would need radon testing over 20 years; roughly 875 would require mitigation.
  • Thermal-stress rules would immediately affect about 58,000 workers (roughly 45,000 outdoor and 13,000 indoor).
  • Nanomaterial rules are expected to affect about 1,200 employers and 30,000 employees.
  • Up to 5,405 small businesses in the federal jurisdiction would face costs from the changes.
• Employers will face costs for testing, new procedures, training, buying referenced standards and possible mitigation work. The government’s analysis estimates total present-value costs of $70 million and benefits of $96.4 million, a net present-value gain of $26.4 million over 20 years.
• The proposal would let officials use administrative monetary penalties (AMPS) to enforce the new obligations.

Why it matters#

• Worker health: the changes aim to fill gaps and bring federal workplace rules up to date on hazards that science now recognizes — for example, reducing radon exposure should lower future lung‑cancer cases (the analysis estimates about 9.93 cases avoided over 20 years).
• Clearer rules for employers: standardized air-sampling methods, longer record-keeping (30 years) and up-to-date standards reduce uncertainty and can cut repeat testing and disputes.
• Costs and benefits: while employers (and some small businesses) will face upfront and ongoing costs, the government’s impact study projects net benefits overall (benefit-to-cost ratio 1.38).
• Consistency across jurisdictions: the proposal seeks better alignment with provincial rules and some U.S. practices on exposure limits and record retention.
• This is a proposal, not final law — stakeholders had an opportunity to comment after the Canada Gazette notice of October 28, 2023.