Home Forums Community The OHS Insider is reporting the following: “Industrial Establishments Reg. (Reg. 851)” “*OK to use alternative procedures that provide at least equivalent protection to workers’ health and safety” Can you please expand on this and give examples if possible. Thanks.

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  • Rory Lodge
    Keymaster
    Post count: 182

    Interesting development.

    Jeffrey Turner
    Keymaster
    Post count: 570

    Great Q! Let me explain exactly what this means.

    What Equivalency Is

    Throughout the OHS Regs for Industrial Establishments (Reg. 851) there are specifications of standards that particular health and safety measures must meet, e.g., Sec. 15(b) says that a cover on an opening in a floor, roof or other surface “must be constructed to meet the structural requirements for loads due to the use of floors and roofs as set out in the Building Code.”

    Section 2 of the Regs. is a general “Equivalency” provision that allows employers to “vary” from the required composition, design, size or arrangement if the factors of strength, health and safety are “equal to or greater than the factors of strength, health and safety” in the requirement. The idea of Equivalency is to give employers flexibility to come up with alternative solutions as long as they provide at least the same protection.

    The New Rule

    The point of the revision is to give employers even more leeway by extending equivalency to PROCEDURES required by the Reg. on 2 conditions: 1. The procedure provides at least equivalent protection; and 2. The employer notifies the workplace joint health and safety committee/health and safety rep, if any, and the union representing the workers at the site that it’s implementing an alternative procedure. Examples include:

    * Lockout requirements under Sec. 42
    * The requirement under Sec. 42.2 that work performed on electrical transmission systems or outdoor distribution systems rated at more than 750 volts be performed in accordance with the “Electrical Utility Safety Rules”, published by the Infrastructure Health and Safety Association and revised in 2014.
    * Processes likely to produce a gas, vapour, dust or fume, to such an extent as to be capable of forming an explosive mixture with air regulated by Sec. 63;

    Keep in mind that there are 2 important conditions to implementing alternative procedures: 1. The procedure must provide at least equivalent protection to the procedure required in the Regs; and 2. The employer must notify the workplace joint health and safety committee/health and safety rep, if any, and the union representing the workers at the site that it’s implementing an alternative procedure.

    Again, great Q. I hope this answer helps. Here’s the actual language of the amendment, i.e., the new OHS Ind Regs. Sec. 2. Glenn
    *****
    2. An employer, owner or constructor may vary a procedure required by this Regulation or the composition, design, size or arrangement of a material, object, device or thing as required by this Regulation,

    (a) if the procedure, composition, design, size or arrangement as varied affords protection for the health and safety of workers that is at least equal to the protection that would otherwise be given; and

    (b) if the employer, owner or constructor gives written notice of the varied procedure, composition, design, size or arrangement to the joint health and safety committee or the health and safety representative, if any, for the workplace and to any trade union representing workers at the workplace.

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