November 28, 2008

PINCHIN ENVIRONMENTAL LTD.

Workers clean lead contamination during plant decommissioning.

Ministry of Labour building inspectors take on environmental infractions

Designated reports list on-site toxic substances

DON PROCTER

correspondent

TORONTO

Ministry of Labour building inspectors blitzed demolition and retrofit projects this summer, showing just how serious the department is about taking on infractions.

One of the ministry’s priorities is to enforce designated substance requirements, including lead reporting.

Owners or contractors could face fines or stop-work orders if materials containing such toxic substances as lead are being disturbed.

A Designated Substance Report (DSR), which lists toxic substances on site, is required whether the substances may be disturbed by the project or not, says Bruce Stewart, vice-president, Pinchin Environmental Ltd., a major environmental consultant in Toronto that prepares site DSRs.

Under Ontario’s Occupational Health and Safety Act (OHSA) regulations, 11 substances are designated as potentially toxic materials of concern.

“Of those, asbestos, lead, mercury and silica are frequently present in existing building materials on construction projects.”

If a project doesn’t have a DSR, Section 30 of the Occupational Health and Safety Act makes the owner, and potentially the building/design team, liable for any claims made for extra costs by the constructor or the subs.

The owner or contractor could also be liable to new tenants or existing occupants for any residue of toxic materials released in the building, explains Stewart.

An example might be lead residue left behind after an interior sandblasting operation.

With Toronto’s push to intensify its inner city, MOL inspectors might expect to be busier than ever dealing with increased renovation and demolition activity.

“We are going to be building more infill construction in the city as opposed to greenfield construction out in the suburbs, so it just makes sense,” says Stewart.

“It’s perhaps not new news but over the past few years, MOL has almost doubled the number of inspectors.”

When lead or other toxic substances are found on site, contractors should look for advice from environmental consultants on safe removal.

Stewart says if an owner or builder fails to list or report a significant toxic substance in the DSR (such as lead on steel to be removed by the demolition contractor) at the tender stage than the contractor has the right, under the OHSA, to ask for more money to complete the contract properly.

PINCHIN ENVIRONMENTAL LTD.

During every type of demolition or renovation work, precautions need to be taken to do such things as remove lead containing mortar during masonry repair operations and to contain lead mortar during removal in urban settings.

“If an owner doesn’t disclose it in the tender, how is the contractor expected to include the necessary safe work practices in the price?”

MOL guidelines for disturbance of any form of lead are based on the level of lead exposure. 

While no site containment or protective respirators are required for Level 1 work (removing lead materials such as lead painted trim without using heat), in cases where lead levels fall under the category of Level 2, a half-face protective respirator with a particulate filter is required.

Higher lead exposure operations (such as torching lead-based steel materials) qualify as Level 3 removal and require full-face respirators or, in the case of sandblasting, special abrasive blasting respirators and helmets. Containment methods will vary by site and whether the work is indoors or out.

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