Draft regulations to amend the Regulation respecting occupational health and safety and the Safety Code for the construction industry | Protecteur du Citoyen
October 14, 2020

Draft regulations to amend the Regulation respecting occupational health and safety and the Safety Code for the construction industry

Corps

In a letter to Ms. Manuelle Oudar, the Chair of the Board of Directors and Chief Executive Officer of the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), Ombudsperson Marie Rinfret commented on:

→ The draft Regulation to amend the Regulation respecting occupational health and safety;

→ The draft Regulation to amend the Safety Code for the construction industry.

The Ombudsperson is concerned that the definition of "respirable asbestos fibre," updated in the two draft regulations, does not take recent scientific developments into account, nor does it reflect the work of the Bureau d’audiences publiques sur l’environnement (BAPE). The agency says that "short" fibres (less than 5 μm in length) must be recognized as being potentially toxic. However, the new definition of "respirable asbestos fibre" excludes short fibres.

The Ombudsperson considers that both these draft regulations must be consistent with current scientific knowledge about short fibres. She therefore made two recommendations to the CNESST.