Asbestos was one of the first designated substances to be regulated in Ontario. It is governed by Regulation 278 – Asbestos on Construction Projects and in Buildings and Repair Operations. The regulation specifies methods and procedures for working with or around asbestos-containing materials.

“Asbestos-containing material” (ACM) means material that contains 0.5 per cent or more asbestos by dry weight. The Regulation defines asbestos as any of six fibrous silicates as: [O. Reg. 278/05, s. 1(2)]

Actinolite.
Amosite.
Anthophyllite.
Chrysotile.
Crocidolite.
Tremolite.

The Regulation applies to: [O. Reg. 278/05, s. 2(1)]

every project and its owner
every constructor, employer and worker engaged in or on the project
the repair, alteration or maintenance of a building
every employer and worker involved in the repair, alteration or maintenance of the building and the owner of the building
every building in which material that may be asbestos containing material (ACM) has been used and the owner of the building
the repair, alteration, or maintenance of machinery, equipment, aircraft, ships, locomotives, railway cars and vehicles and work on a building that is necessarily incidental to the repair, alteration or maintenance of machinery or equipment where it is likely that ACM may be handled, dealt with, removed or disturbed, and every employer and worker engaged in this work to which the requirements for asbestos under Ontario Regulation 490/09 do not apply
the demolition of machinery, equipment, aircraft, ships, locomotives, railway cars and vehicles, and
every employer and every worker engaged in the demolition. These people include contractors and subcontractors who perform work for or supply services to the employer.

Note: An owner is defined in the Act and includes a trustee, receiver, mortgagee in possession, tenant, lessee, or occupier of any lands or premises used or to be used as a workplace, as well as a person who acts for or on behalf of an owner as an agent or delegate.

The Regulation does not apply: [O. Reg. 278/05, s. 2(4)]

to the owner of a private home that is occupied by the owner or the owner''s family
to the owner of a residential building that contains no more than four units, one of which is occupied by the registered owner or family of the registered owner

However, the Regulation does apply to constructors, employers and workers engaged in private construction projects and repair or maintenance of such buildings.

Establishing Whether Material is Asbestos-Containing

The Regulation requires that U.S. EPA Test Method EPA/600/R-93/116 be used to determine:

whether a material is ACM,
the type of asbestos in the material, and
the content of asbestos in the material. [O. Reg. 278/05, s. 3(1)]

The sample must be randomly collected by a competent worker and representative of each area of homogeneous material. [O. Reg. 278/05, s. 3(2)] The minimum number of bulk samples required is established in Table1 of the regulation [O. Reg. 278/05, s. 3(3)] and if analysis establishes the material contains 0.5% or more asbestos by dry weight the entire area of homogeneous material is deemed to be asbestos-containing material. [O. Reg. 278/05, s. 3(4)]

Restrictions on sprayed material, insulation, sealants

Material that contains 0.1% or more asbestos by dry weight must not be applied by spraying or as thermal insulation if it can become friable. [O. Reg. 278/05, s. 4(1)(2)] Liquid sealants cannot be applied to friable asbestos-containing material if the material is deteriorated or the material is insufficient to support the weight of the sealant. [O. Reg. 278/05, s. 4(3)]

Information for Workers

A worker must be informed about

The location of all ACM.
For each location, whether the material is friable or non-friable.
For sprayed-on friable material, for each location, the type of asbestos or whether the material will be treated as though it contained a type of asbestos other than chrysotile.

The requirement to inform workers applies if the work involves ACM, is being treated as ACM, or is in close proximity to the material and may disturb it. [O. Reg. 278/05, s. 5(2)]

Demolition

Demolition may only be carried out or continued when any ACM that may be disturbed has been removed to the extent practicable. [O. Reg. 278/05, s. 6(1)] This requirement does not apply to situations where demolition is required in order to gain access to the ACM that must be removed, in which case workers must be protected. [O. Reg. 278/05, s. 6(2)]

Ongoing asbestos management in buildings

This section applies if: [O. Reg. 278/05, s. 8(2)]

The owner treats material as if it were asbestos-containing material.
The owner has been advised of the discovery of material that may be ACM.
The owner knows or ought reasonably to know that ACM has been used in the building.
ACM has been confirmed by examination or by the owner who has had an examination of the material carried out.

The owner shall: [O. Reg. 278/05, s. 8(3)]

prepare and keep on the premises a record containing:
- the location of all ACM,
- whether the material is friable or non-friable,
- for sprayed-on material, if the material is known to be ACM, its type or a statement that the material will be treated as though it contained a type of asbestos other than chrysotile.
- The record must be updated every 12-months and whenever the owner becomes aware of new information relating to the record. [O. Reg. 278/05, s. 8(5)]

Give an occupier of the building notice in writing of information contained in the record. [O. Reg. 278/05, s. 8(3)(b)]

The owner must provide information contained in the report to an employer contracted by the owner’s employers notice in writing of information contained in the record if their work may disturb the material. [O. Reg. 278/05, s. 8(3)(c)(d)]
Inspect the material at reasonable intervals to determine its condition. [O. Reg. 278/05, s. 8(3)(f)]

The owner must establish and maintain for their workers a training and instruction program dealing with

asbestos hazards
personal protective equipment (use, care and disposal)
personal hygiene
measures and procedures prescribed by the Regulation, and

Subsection 8(8) [O. Reg. 278/05, s. 8(8)] requires that even where no work is being done to a building, if friable material used as fireproofing or acoustical or thermal insulation has fallen and is being disturbed, all work involving the material must cease and the owner must have the material examined as set out in section 3 in order to determine whether it is ACM. Examination is not required unless it is treated as ACM and in the case of sprayed-on material as a type other than chrysotile. [O. Reg. 278/05, s. 8(9)] If the material is ACM or treated as though it were, the owner shall have the material cleaned up and removed. If the material will continue to fall due to its deterioration the fireproofing or insulation must be repaired, sealed, removed or permanently enclosed by the owner. [O. Reg. 278/05, s. 8(10)]

Employer Responsibility

An employer shall advise the owner of a building if the employer’s workers discover material that may be ACM. [O. Reg. 278/05, s.9]

Owner’s responsibilities before requesting tender or arranging work

Before an owner requests tenders or arranges for demolition, alteration, or repair, the owner must have a report prepared stating whether any material that may be handled, dealt with, disturbed or removed is or is not ACM. This requirement applies whether the material is friable or non-friable. [O. Reg. 278/05, s. 10(1)] An examination of the material is required to determine if it is ACM or not [O. Reg. 278/05, s. 10(2)] unless the owner

Knows the material is not ACM, or
Knows the material is ACM and in the case of sprayed-on material the type, or
The work is to be carried out as though it were ACM and in the case of sprayed-on material treated as though it were a type other than chrysotile. [O. Reg. 278/05, s. 10(3)]

The owner shall prepare a report that identifies

Whether the material is or is not ACM, or if the work is to be performed as though the material were ACM and in the case of sprayed-on friable material as though it contained a type of asbestos other than chrysotile.
The material condition and whether it’s friable or non-friable, and
Drawings, plans and specifications to show the location of the material. [O. Reg. 278/05, s.10(4)]

The owner shall give prospective constructors a copy of the report. A constructor must provide the report to prospective contractors. A contractor must provide the report to prospective subcontractors. [O. Reg. 278/05, s. 10(5)(6)]

Discovery of ACM during Work

If material is discovered during work that was not referred to in the owner’s report and may be ACM, the constructor and employer shall immediately notify, orally and in writing, the Ministry of Labour, the owner, the contractor and the joint health and safety committee or health and safety representative for the workplace. [O. Reg. 278/05, s. 10(7)(8)] The notice must include the:

name and address of the person giving the notice,
name and address of the owner,
municipal address or description of where the work will be carried out,
description of the work,
starting date and duration, and
name and address of the supervisor. [O. Reg. 278/05, s. 11(3)(a-f)]

Work with the material shall stop until it has been determined whether it is ACM or not or as though the material were ACM and in the case of sprayed-on friable material as though it contained a type of asbestos other than chrysotile. [O. Reg. 278/05, s. 10(10)]

Notice of Type 3 and certain Type 2 Operations

Before beginning a Type 3 operation, or removal of more than one square meter of insulation using a glove bag (Type 2), the constructor or employer shall notify, orally and in writing, the Ministry of Labour. [O. Reg. 278/05, s. 11(1)(2)] The notice shall include:

name and address of the person giving the notice,
name and address of the owner,
municipal address or description of where the work will be carried out,
description of the work,
starting date and duration, and
name and address of the supervisor. [O. Reg. 278/05, s. 11(3)(a-f)]

Classifications of Work

The regulation sets out three classifications of work which determine the measures and procedures, notification requirements, record keeping, medical surveillance and training and certification requirements for workers. In most cases, the constructor or employer in consultation with an appropriately qualified consultant determines the classification of work.

Type 1 Operations

Type 1 operations present the lowest exposure risk, generally including the installation or removal of ACM products that are non-friable, that is, material that is not easily crumbled between the thumb and the fingers, or is not already crumbled. The work must be done without damaging the material, or where the material will be damaged, the spread of fibres must be controlled by wetting the material and using non-powered handheld tools. Type 1 operations include: [O. Reg. 278/05, s. 12(2)]

installation or removal of ACM ceiling tiles (less than 7.5 m²) without damage
installation or removal of non-friable ACM, other than ceiling tiles, without damage
breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable ACM that is wetted and where the work is done using non-powered hand-held tools, and
removal of less than one square metre of drywall where ACM joint-filling compounds were used.

“Damage” includes breakage, cutting, abrading, grounding, sanding, and vibration.

Type 2 Operations

The following types of operations are classified as Type 2 operations: [O. Reg. 278/05, s.12(3)]

the removal of all or part of a false ceiling to access a work area, if ACM is likely to be lying on the surface of the false ceiling
enclosure of friable ACM
application of tape, a sealant or other covering to pipe or boiler insulation that is ACM
installing or removing ACM ceiling tiles that cover an area of 7.5 m² or more if the work is done without damaging the tiles
the removal or disturbance of one square metre or less of friable asbestos-containing material during the repair, alteration, maintenance or demolition of all or part of machinery or equipment or a building, aircraft, locomotive, railway car, vehicle or ship
breaking, cutting, drilling, abrading, grinding, sanding, or vibrating non-friable ACM using non-powered hand-held tools if the material is not wetted
cleaning or removing filters used in air handling equipment in a building that has sprayed ACM fireproofing
removal or disturbance of one square metre or less of friable ACM during the repair, alteration, maintenance or demolition of all or part of machinery or equipment or a building, aircraft, locomotive, railway car
glove bag removals of ACM insulation
breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material if the work is done by means of power tools that are attached to dust-collecting devices equipped with High Efficiency Particulate Aerosol (HEPA) filters
removing insulation that is asbestos-containing material from a pipe, duct or similar structure using a glove bag, or
an operation that may expose a worker to ACM and is not classified as Type 1 or 2.

Type 3 Operations

Work with friable or non-friable ACM that has the potential to generate high concentrations of asbestos fibres in air is classified as Type 3. Type 3 operations include: [O. Reg. 278/05, s. 12(4)]

removal or disturbance of more than one square metre of friable ACM
spray application of a sealant to friable ACM
cleaning or removal of air-handling equipment, including rigid ducting but not including filters, in a building that has sprayed ACM fireproofing
repair, alteration or demolition of a kiln or furnace made, in part, of refractory materials that are ACM
breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable ACM with power tools not attached to dust-collecting devices with HEPA filters, and
repair, alteration or demolition of a building in which asbestos products were manufactured, unless the asbestos was cleaned up and removed before March 16, 1986.

When working with friable ACM, drywall or ceiling tiles, the type of operation is based on the total area on which work is done consecutively in a room or enclosed area even if work is divided into smaller jobs. [O. Reg. 278/05, s. 12(5)]

The Ministry of Labour, Immigration, Training and Skills Development must be notified if there is a dispute about the classification of an operation. Work on the operation must be stopped until the MLITSD has provided its decision in writing. [O. Reg. 278/05, s. 12(6)]

Respirators

A respirator assigned to a worker must: [O. Reg. 278/05, s. 13(1)]

be for his/her exclusive use
must be fit-tested unless it is equipped with a hood or helmet
be used and maintained according to the employer’s written procedures
be cleaned, disinfected and inspected after each use
have damaged or deteriorated parts replaced
be stored in a convenient, clean and sanitary location.

For suppled-air respirators: [O. Reg. 278/05, s. 13(2)]

Compressed air used for breathing must meet the standards set out in Table 1 of CSA Z180.1-00 – Compressed Breathing Air and System (2000).
If an oil-lubricated compressor is used to supply air, a continuous carbon monoxide monitor with alarm must be provided.
For ambient breathing air systems, the air intake must be located in accordance with Appendix B of CSA Z180.1-00 – Compressed Breathing Air and System (2000).

When respirators are used at work, the employer must establish written procedures for the selection, care and use of the respirators and those procedures must be reviewed by each worker required to wear a respirator. [O. Reg. 278/05, s. 10(3)] A worker who is required to wear a respirator must be physically able to perform the work while using the respirator. [O. Reg. 278/05, s. 13(4)]

The following measures and procedures apply to Type 1 Operations [O. Reg. 278/05, s. 14]

Remove visible dust from surfaces with a damp cloth or HEPA vacuum.
Use drop sheets of polyethylene or other impervious materials.
Drywall containing less than 1 square meter of asbestos-containing joint compound must be wetted before and during the work.
A wetting agent must be added to water used to control the spread of dust.
Frequently, at regular intervals, and immediately upon completing work, dust and waste must be cleaned up, removed using a HEPA vacuum or by damp mopping or wet sweeting. Dust, waste and drop sheets must be placed in a container that meets this regulation.
Drop sheets and Polyethylene sheeting used for barriers and enclosures shall be wetted and appropriately discarded and not be reused unless they are rigid and can be thoroughly cleaned.
Compressed air must not be used to clean up dusts.
Eating, drinking, chewing or smoking shall not be permitted in the work area.
Although respiratory protection is not required for Type 1 operations, a worker may request one and the employer must provide it. The respirator must be NIOSH approved and selected in accordance with Table 2 of this regulation. The worker must wear and use the respirator.
Although protective clothing is not required for Type 1 operations, a worker may request it and the employer must provide it. The clothing and it must be selected in accordance with this regulation. The worker must wear the protective clothing.
Before leaving the work area the worker must decontaminate the protective clothing using a HEPA vacuum or damp wiping before removing the protective clothing, or place it in an appropriate waste container.
Facilities must be available for workers to wash hands and face before leaving the work area.

The following measures and procedures apply to Type 2 and 3 Operations [O. Reg. 278/05, s. 15]

A sufficient number of warning signs must be posted in the work area to warn about of the hazards. The signs must read “There is an asbestos dust hazard and access to the work area is restricted to personal wearing protective clothing and equipment”.
A wetting agent must be added to water and used to control the spread of dust.
Eating, drinking, chewing or smoking shall not be permitted in the work area.
Use dust-tight, impervious waste containers suitable for the waste. The container must be identified and cleaned with a damp cloth or HEPA vacuum before being removed from the work area
Dust and waste shall be cleaned up and removed using a HEPA vacuum or by damp mopping or wet sweeping and placed in a suitable waste container. Drop sheets shall not be reused.
Polyethylene sheeting and similar material must not be reused. They must be wetted and placed in an appropriate waste container.
Barriers and portable enclosures must be rigid. If they are to be reused they shall be cleaned by HEPA vacuum or by damp wiping.
Every worker who enters the work area must be provided with a NIOSH approved respirator in accordance with Table 2 of this regulation. The employer must also ensure protective clothing is provided to workers that is impermeable to asbestos fibres, consists of a head and full body covering fitting snugly at the ankles, wrists and neck, and that suitable footwear is worn. If protective clothing is torn it shall be repaired or replaced.
Compressed air is not permitted for cleaning dust from surfaces.
Only persons wearing protective clothing and equipment shall enter the work area.

Additional measures and procedures for Type 2 Operations [O. Reg. 278/05, s. 16]

A HEPA vacuum must be used to clean up any ACM that may be lying on the surface of a false ceiling when removing all or part of it for access.
Damp wiping or a HEPA vacuum must be used to clean up friable material that is crumbled, pulverized or powdered and is lying on any surface before it is disturbed.
Friable ACM that is not crumbled, pulverized or powdered and may be disturbed or removed during the work must be wetted before the work begins and throughout.
Polyethylene drop sheets or other suitable materials must be used to prevent the spread of dust.
For the following two operations if carried on indoors:
The spread of dust shall be prevented by
Before leaving the work area, workers must decontaminate using a HEPA vacuum or damp wiping.
Facilities must be available for workers to wash hands and face before leaving the work area.

For glove bag operations the following procedures apply in addition to the procedures required for Type 2 [O. Reg. 278/05, s. 17]

Walls, barricades, fencing or other suitable means shall be used to separate the work area from the rest of the workplace.
The mechanical ventilation system serving the work area shall be disabled and all openings or voids including ducts must be sealed.
Drop sheets made of polyethylene or other impervious material are to be placed under the work area.
The glove bag must be made of strong and impervious material and equipped with:
A glove bag must have a proper seal otherwise it cannot be used.
The glove bag must be inspected before it is attached to insulation jacketing or coating.
The glove bag must be inspected before it is attached to pipe, duct or other similar structure and at regular intervals and shall not be used if defects are detected. The contents of the glove bag must be wetted and the disposed of along with the glove bag in an appropriate container. The work area shall be cleaned by HEPA vacuum before removal work is resumed.
The air inside the bag shall be removed through an elasticized valve, by means of a vacuum equipped with a HEPA filter. The pipe, duct or similar structure shall be wiped down and sealed with a suitable encapsulant and the glove bag, with the waste inside, shall be placed in an appropriate waste container. The work area shall be cleaned by damp wiping or by HEPA vacuum.

Additional Measures and Procedures for Type 3 Operations [O. Reg. 278/05, s. 18]

The work area shall be separated from the rest of the workplace by walls, the placing of barricades or fencing or other suitable means.

The following procedures apply to Type 3 operations involving breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable asbestos-containing material, if the work is done by means of power tools that are not attached to dust-collecting devices equipped with HEPA filters. [O. Reg. 278/05, s. 18(2)]

Polyethylene enclosures or other suitable impervious materials must be used if the work area is not enclosed by walls. The enclosure must also include one or more transparent windows to allow observation from outside the enclosure. A curtain made from polyethylene or other suitable impervious material must be installed at each entrance or exit from the work area.
Excluding outdoor operations or work in buildings to be demolished, a ventilation system equipped with a HEPA filtered exhaust unit must be used to create and maintain a negative air pressure of 0.02 inches of water within the enclosed area relative to the area outside of the enclosure. The air pressure must be measured at regular intervals. The air intake must be taken from an area free from contamination of any hazardous dusts, vapours, smoke, fume, mist or gas.
A competent person must inspect and maintain the ventilation system. The inspection is required before each use and damaged or defective parts replaced before the ventilation system is used.
Before leaving the work area, workers must decontaminate using a HEPA vacuum or damp wiping.
Facilities for the washing of hands and face shall be made available to workers and shall be used by every worker when leaving the work area.

The following procedures apply to Type 3 operations carried on outdoors involving the following activities:

The removal or disturbance of more than one square metre of friable asbestos-containing material during the repair, alteration, maintenance or demolition of all or part of a building, aircraft, ship, locomotive, railway car or vehicle or any machinery or equipment.
The spray application of a sealant to friable asbestos-containing material.
Cleaning or removing air handling equipment, including rigid ducting but not including filters, in a building that has sprayed fireproofing that is asbestos-containing material.
Repairing, altering or demolishing all or part of a kiln, metallurgical furnace or similar structure that is made in part of refractory materials that are asbestos-containing materials.

When performing work:

ACM must be thoroughly wetted before and during removal unless it is hazardous to do so.
Dust and waste shall not be permitted to fall freely from one work level to another.
After the work area has been cleaned up using the HEPA vacuum or by damp mopping or wet sweeping, the work area must be washed down with water.
Temporary electrical power for tools and equipment in wet removal operations shall be equipped with ground fault circuit interrupters.
The decontamination facility shall be located as close as practicable to the work area and shall consist of
The decontamination rooms shall be arranged in sequence and constructed so that any person entering or leaving the work area must pass through each room.
When leaving the work area, a worker shall enter the decontamination facility and shall, in the following order

The following procedures apply to Type 3 operations carried on indoors involving the following activities:

The removal or disturbance of more than one square metre of friable asbestos-containing material during the repair, alteration, maintenance or demolition of all or part of a building, aircraft, ship, locomotive, railway car or vehicle or any machinery or equipment.
The spray application of a sealant to friable asbestos-containing material.
Cleaning or removing air handling equipment, including rigid ducting but not including filters, in a building that has sprayed fireproofing that is asbestos-containing material.
Repairing, altering or demolishing all or part of a kiln, metallurgical furnace or similar structure that is made in part of refractory materials that are asbestos-containing materials.
Repairing, altering or demolishing all or part of any building in which asbestos is or was used in the manufacture of products, unless the asbestos was cleaned up and removed before March 16, 1986.

Be aware that:

Friable asbestos-containing material that is lying on any surface shall be cleaned up and removed using a HEPA vacuum or by damp wiping. Everything shall be removed from the work area or covered with polyethylene sheeting or other suitable impervious material.
A polyethylene enclosure or other suitable impervious material that is impervious to asbestos if the work area is not enclosed by walls. A decontamination facility is required and must consist of a series of interconnecting rooms including:
The decontamination rooms shall be arranged so that any person entering or exiting the facility must pass through each room.
The mechanical ventilation system serving the work area shall be disabled and all openings or voids, including ventilation ducts to or from the work area, shall be sealed by tape or other appropriate means.
For operations carried on indoors where the building will not be demolished, a ventilation system equipped with a HEPA filtered exhaust unit must be used to create and maintain a negative air pressure of 0.02 inches of water within the enclosed area relative to the area outside of the enclosure. The air pressure must be measured at regular intervals. The air intake must be taken from an area free from contamination of any hazardous dusts, vapours, smoke, fume, mist or gas.
A competent person must inspect and maintain the ventilation system. The inspection is required before each use and damaged or defective parts replaced before the ventilation system is used.
The shower room in the decontamination facility must have cold and hot water whose temperature is not less than 40° Celsius or more than 50° Celsius. Controls must be available to regulate water flow and temperature. The shower room must also be equipped with clean towels
When leaving the work area, a worker shall enter the decontamination facility and shall, in the following order:
If practicable, existing electrical power distribution systems that are not water-tight shall be de-energized and locked out where wet removal operations are to be carried out.
Temporary electrical power for tools and equipment in wet removal operations shall be equipped with ground fault circuit interrupters.
Friable asbestos-containing material shall be thoroughly wetted before and during removal if safe to do so.
A competent worker must inspect the enclosures, barriers and decontamination facility at the start and end of each shift and at least once each day on days where there are no shifts. If defects are found, no work shall be carried out and the defect must be repaired immediately.
If practicable, dust and waste shall be kept wet.
When work is complete, negative air pressure must be maintained. The walls of the enclosure must be washed or HEPA vacuumed. Equipment and tools must be cleaned by damp cloth or HEPA vacuum or discarded in an appropriate waste container. A visual inspection must be carried out by a competent person to ensure the enclosure and work area are free from visible dust or debris.
Once dried and clean clearance air testing must be carried out by a competent person unless the operation is carried out in a building to be demolished.
The barriers, enclosure and decontamination facility shall not be removed or dismantled until cleaning has been done in accordance with this regulation and the work area inside the enclosure has passed the clearance air testing if it is required.

Sample collection for clearance air testing shall be performed using the phase contrast microscopy method or transmission electron microscopy. If the clearance air test fails, the work area, inner surfaces of the enclosures, equipment, and tools shall be cleaned again in accordance with this regulation. A visual inspection must be carried out by a competent worker.

Clearance air testing using the phase contrast microscopy method shall be carried out in accordance with U.S. National Institute of Occupational Safety and Health Manual of Analytical Methods, Method 7400, Issue 2: Asbestos and other Fibres by PCM (August 15, 1994), using the asbestos fibre counting rules, and shall comply with the following requirements: [O. Reg. 278/05, s. 18(6)]

Testing shall be based on samples taken inside the enclosure.
Before and during air sampling, fibres shall be dislodged inside the enclosure using forced air.
At least 2,400 litres of air shall be drawn through each sample filter.
The number of air samples to be collected shall be in accordance with Table 3 of this regulation.
In order for the clearance air test to pass, every air sample has an airborne concentration that does not exceed 0.01 fibres per cubic centimeters of air.
If the clearance air test fails using the phase contract microscopy method, the samples may be subjected to a second analysis using transmission electron microscopy in accordance with the standard mentioned in this regulation.
When a second analysis is performed using transmission electron microscopy, the work area inside the enclosure passes the clearance air test only if every air sample collected has a concentration of asbestos fibres that does not exceed 0.01 fibres per cubic centimetre of air.

Clearance air testing using the transmission electron microscopy method shall be carried out in accordance with U.S. National Institute of Occupational Safety and Health Manual of Analytical Methods, Method 7402, Issue 2: Asbestos by TEM (August 15, 1994), and shall comply with the following requirements: [O. Reg. 278/05, s. 18(7)]

Testing shall be based on samples taken inside the enclosure and samples taken outside the enclosure but inside the building.
Before and during air sampling, fibres shall be dislodged inside the enclosure using forced air
At least 2,400 litres of air shall be drawn through each sample filter.
At least five air samples shall be taken inside each enclosure and at least five air samples shall be taken outside the enclosure but inside the building.
Sampling inside and outside the enclosure shall be conducted concurrently.
The work area inside the enclosure passes the clearance air test if the average concentration of asbestos fibres in the samples collected inside the enclosure is statistically less than the average concentration of asbestos fibres in the samples collected outside the enclosure, or if there is no statistical difference between the two average concentrations.
Within 24 hours after the clearance air testing results are received, the owner and the employer shall post a copy of the results in a conspicuous place or places at the workplace, and if the building contains other workplaces, in a common area of the building. A copy shall be provided to the joint health and safety committee or the health and safety representative, if any, for the workplace and for the building. [O. Reg. 278/05, s. 18(8)]
The owner of the building shall keep a copy of the clearance air testing results for at least one year after receiving them. [O. Reg. 278/05, s. 18(9)]

Instruction and training

The employer shall ensure that a competent person provides training and instruction to every worker in a Type 1, 2, or 3 Operation. The training must include: [O. Reg. 278/05, s. 19(1)]

The hazards of asbestos exposure.
Personal hygiene and work practices.
The use, cleaning and disposal of respirators and protective clothing.

The joint health and safety committee or the health and safety representative, if any, for the workplace shall be advised of the time and place where the instruction and training are to be carried out. [O. Reg. 278/05, s. 19(2)]

Instruction and training related to respirators shall include the limitations of the respirator, inspection and maintenance, proper fitting and cleaning and disinfection. [O. Reg. 278/05, s. 19(3)]

Asbestos Abatement Training Programs

Before performing or supervising the work, the employer shall ensure that any worker involved in Type 3 operations has completed the Asbestos Abatement Worker Training Program approved by the Ministry of Labour, Immigration, Training and Skills Development and that every supervisor in a Type 3 operation has successfully completed the Asbestos Abatement Supervisor Training Program approved by the Ministry of Labour, Immigration, Training and Skills Development. [O. Reg. 278/05, s. 20(2)]

Documentation provided by the Ministry of Labour, Immigration, Training and Skills Development is conclusive proof that a worker and supervisor have successfully completed the program. [O. Reg. 278/05, s. 20(3)].

Asbestos work report

The employer of a worker in a Type 2 or Type 3 operation must complete an asbestos work report at least once every 12-months and immediately upon the termination of the worker’s employment. [O. Reg. 278/05, s. 21(1)] The asbestos work report must be sent to the Ministry of Labour, Immigration, Training and Skills Development Provincial Physician and a copy given to the worker. [O. Reg. 278/05, s. 21(2)]

Asbestos Workers Register

The Ministry of Labour, Immigration, Training and Skills Development Provincial Physician shall establish and maintain an Asbestos Workers Register listing the name of each worker for whom an employer submits an asbestos work report. [O. Reg. 278/05, s. 22(1)] A worker on the asbestos workers register may volunteer to undergo prescribed medical examinations on the recommendation of the Provincial Physician. [O. Reg. 278/05, s. 22(2)] The worker may volunteer to undergo subsequent examinations if recommended by his/her physician. [O. Reg. 278/05, s. 22(3)]

A medical examination includes medical questionnaire, chest x-rays and pulmonary function tests. Subsequent examinations of the same type if recommended by the worker’s physician will occur at least every five years after the most recent examination. [O. Reg. 278/05, s. 22(4)]

If a worker is removed from exposure to asbestos because an examination discloses he/she may have or has a condition resulting from exposure to asbestos, the worker is entitled to compensation for loss of earnings provided by the Workplace Safety and Insurance Act, 1997. [O. Reg. 278/05, s. 22(5)]

Use of equivalent measure or procedures

A constructor or employer may vary a measure or procedure that is required by Regulation 278 if it affords protection that is at least equal to the measures and procedures in the regulation. The constructor or employer must give written notice to the Joint Health and Safety Committee or Health and Safety Representative. [O. Reg. 278/05, s. 23]

Notice to inspector

Any written notices required by this regulation must be provided to an inspector by delivering it in person, sending it by ordinary mail, courier or fax, or by electronic means. [O. Reg. 278/05, s. 24(1)]

Oral notice required by this regulation to an inspector at the Ministry of Labour shall be given in person, by telephoning the inspector or by sending the notice by electronic means [O. Reg. 278/05, s. 24(2)]

Table 1
Bulk material samples
Subsection 3 (3)

Item	Type of material	Size of area of homogeneous material	Minimum number of bulk material samples to be collected
1.	Surfacing material, including without limitation material that is applied to surfaces by spraying, by troweling or otherwise, such as acoustical plaster on ceilings and fireproofing materials on structural members	Less than 90 square metres	3
		90 or more square metres, but less than 450 square metres	5
		450 or more square metres	7
2.	Thermal insulation, except as described in item 3	Any size	3
3.	Thermal insulation patch	Less than 2 linear metres or 0.5 square metres	1
4.	Other material	Any size	3

Table 2: Respirators

Column 1		Column 2
Work Category		Required respirator
Type 1 Operations
Worker requests that the employer provide a respirator to be used by the worker, as described in paragraph 12 of section 14		Air purifying half-mask respirator with N-100, R-100 or P-100 particulate filter
Type 2 Operations
Work described in paragraph 1 of subsection 12 (3)		One of the following: - Air purifying full-facepiece respirator with N-100, R-100 or P-100 particulate filter - Powered air purifying respirator equipped with a tight-fitting facepiece (half or full-facepiece) and a high efficiency filter or N-100, P-100 or R-100 particulate filter - Negative pressure (demand) supplied air respirator equipped with a full-facepiece - Continuous flow supplied air respirator equipped with a tight fitting facepiece (half or full-facepiece)
Work described in paragraphs 2 to 7 and 9 to 11 of subsection 12 (3)		Air purifying half-mask respirator with N-100, R-100 or P-100 particulate filter
Breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable material containing asbestos by means of power tools, if the tool is attached to a dust collecting device equipped with a HEPA filter as described in paragraph 8 of subsection 12 (3)	Material is not wetted	One of the following: - Air purifying full-facepiece respirator with N-100, R-100 or P-100 particulate filter - Powered air purifying respirator equipped with a tight-fitting facepiece (half or full-facepiece) and a high efficiency filter or N-100, P-100 or R-100 particulate filter - Negative pressure (demand) supplied air respirator equipped with a full-facepiece - Continuous flow supplied air respirator equipped with a tight fitting facepiece (half or full-facepiece)
	Material is wetted to control spread of fibre	Air purifying half-mask respirator with N-100, R-100 or P-100 particulate filter
Type 3 Operations
Breaking, cutting, drilling, abrading, grinding, sanding or vibrating non-friable material containing asbestos by means of power tools, if the tool is not attached to a dust collecting device equipped with a HEPA filter as described in paragraph 5 of subsection 12 (4)	Material is not wetted	Pressure demand supplied air respirator equipped with a half mask
	Material is wetted to control spread of fibre	One of the following: - Air purifying full-facepiece respirator with N-100, R-100 or P-100 particulate filter - Powered air purifying respirator equipped with a tight-fitting facepiece (half or full-facepiece) and a high efficiency filter or N-100, P-100 or R-100 particulate filter - Negative pressure (demand) supplied air respirator equipped with a full-facepiece - Continuous flow supplied air respirator equipped with a tight fitting facepiece (half or full-facepiece)
Work with friable material containing asbestos, as described in paragraphs 1 to 4 and 6 of subsection 12 (4)	Material is not wetted	Pressure demand supplied air respirator equipped with a full facepiece
Work with friable material, as described in paragraphs 1 to 4 and 6 of subsection 12 (4), that contains a type of asbestos other than chrysotile	Material was applied or installed by spraying, and is wetted to control spread of fibre	Pressure demand supplied air respirator equipped with a half mask
Work with friable material, as described in paragraphs 1 to 4 and 6 of subsection 12 (4), that contains only chrysotile asbestos		One of the following: - Air purifying full-facepiece respirator with N-100, R-100 or P-100 particulate filter - Powered air purifying respirator equipped with a tight-fitting facepiece (half or full-facepiece) and a high efficiency filter or N-100, P-100 or R-100 particulate filter - Negative pressure (demand) supplied air respirator equipped with a full-facepiece- Continuous flow supplied air respirator equipped with a tight fitting facepiece (half or full-facepiece)
Work with friable material containing asbestos, as described in paragraphs 1 to 4 and 6 of subsection 12 (4)	Material was not applied or installed by spraying, and is wetted to control spread of fibre	One of the following: - Air purifying full-facepiece respirator with N-100, R-100 or P-100 particulate filter - Powered air purifying respirator equipped with a tight-fitting facepiece (half or full-facepiece) and a high efficiency filter or N-100, P-100 or R-100 particulate filter - Negative pressure (demand) supplied air respirator equipped with a full-facepiece - Continuous flow supplied air respirator equipped with a tight fitting facepiece (half or full-facepiece)

Table 3: Air Samples

Minimum number of air samples to be taken from each enclosure	Area of enclosure
2	10 square metres or less
3	More than 10 but less than 500 square metres
5	500 square metres or more

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