Many Ontario workplaces are now required to track, report and develop plans to reduce the toxic substances they use, create and release beginning January 1, 2010.
The Toxics Reduction Act was passed on June 3, 2009 by the Ontario government. The stated purpose of this environmental law is to "help prevent pollution and protect human health and the environment by reducing the use, creation and release of toxic substances and to better inform Ontarians of toxic substances in their communities." The Ministry of the Environment (MOE) has now published regulation 455/09, the first under the Toxics Reduction Act.
Regulation 455/09 spells out the requirements facilities must meet to comply with the Act, including:
1. Tracking toxic substances used, created and released.
2. Development of plans, including options to reduce each toxic substance.
3. Making summaries of the plan available to the public.
4. Reporting to the MOE on annual progress in reducing toxic substances and making certain information available to the public.
5. Updating the overall plan at least every five years.
The Toxics Reduction Act is loosely modeled after Massachusetts' Toxics Use Reduction Act (TURA) passed in 1989. In both cases, the requirement to develop a toxics use reduction plan is mandatory while implementation is not.
A major difference between these legislated toxic use reduction initiatives is the fact Massachusetts created the Toxics Use Reduction Institute dedicated to providing research and support services to Massachusetts companies wanting to implement their toxics use reduction plans.
The state’s legislation also set targets for reducing the generation of toxic waste by 50% statewide. These targets were met after just nine years. The success of this system continues today. Companies in Massachusetts reduced their use of toxic chemicals by 40%, waste by 71% and on-site releases by 91%.
In Ontario though workers, their representatives and others are concerned similar outcomes will be difficult due to a number of shortcomings in the current Toxics Reductions Act and regulation. For instance, the regulation fails to prescribe clearly established reduction targets to help inspire innovation or benchmark progress. Many believe the lack of a dedicated Toxics Use Reduction Institute will further hamper any hope of real success.
Another major concern is employers are not required to consult with the joint health and safety committee (JHSC) when developing the toxics reduction plan or at any other stage in the process. There is also no requirement for the employer to provide a copy of the plan to the JHSC or union.
According to Vern Edwards, director, health, safety and environment, Ontario Federation of Labour, "Labour is pushing for this to be rectified with an additional regulation."
There seems to be government interest for this. In fact, in their fact sheet about the new regulation dated December 4, 2009, the MOE stated they plan "to consult on an enhanced toxics reduction planning process by building on the expertise and resources found in the workplace." (workersxzcompxzkit)
"Workers and members of joint committees would certainly qualify as useful resources in any enhanced toxics reduction planning process," says Edwards. "Labour will continue attempts to convince the MOE to mandate the involvement of workers and joint committees. Only then can we begin to ensure the most effective solutions are planned and implemented for the health and well-being of workers and the wider community."
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
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