Human Resources Legislative Update
OHSA Changes to Head Protection, Elevated Work Platform, and Respirator Requirements Coming
Date: April 21, 2026
On April 20, 2026, Ontario made a series of changes which will impact construction projects and workplaces handling Designated Substances. These changes introduce Type 2 headwear requirements on construction projects, impose new, detailed training requirements for workers operating mobile elevating work platforms, and integrate certain CSA/ANSI standards into Regulations made under the Occupational Health and Safety Act (Act),
This series of proposed and upcoming changes impacts four Regulations:
- Construction Projects, O. Reg. 213/91,
- Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations, O. Reg. 278/05,
- the broader Designated Substances Regulation, O. Reg. 490/09, and
- Control of Exposure to Biological or Chemical Agents, RRO 1990, Reg 833
The changes also introduce a new Regulation:
Type 2 Headwear May Be Required – O. Reg. 213/91
Section 22 of the Construction Projects Regulation currently requires that workers wear protective headwear. Coming into force on July 1, 2027, the Regulation will further require that a worker who may be exposed to side impact hazards on a Project wear Type 2protective headwear that is compliant with CSA Standard Z94.1 or ANSI Z89.1. Type 2 headwear provides lateral protection, in addition to impact at the crown of the head.
With respect to strapping, the CSA Standard does not explicitly require a chinstrap for Type 2 headwear in all cases – but does require a chinstrap in conditions “where headwear can become dislodged from the user’s head.” This can be difficult for employers to assess and ascertain, but the risk may exist in windy environments or where work is being performed at a non-vertical angle. If and when used, a chinstrap should be designed for the particular make and model of the headwear.
Where side impact is not a risk on the Project, which too may be difficult to assess and demonstrate if an incident takes place, workers may continue to use Type 1 or other head protection, so long as the headwear complies with the requirements of CSA Standard Z94.1 or ANSI Z89.1.
New Elevated Work Platform Regulation – O. Reg. 117/26
Sections 143-149 of the Construction Projects Regulation currently set out requirements for Elevated Work Platforms on construction jobsites. The new O. Reg. 117/26 extracts these requirements from the Construction Projects Regulation, creating a stand-alone list of requirements for any machine or device intended for moving persons, tools and materials to working positions (including mobile elevated platforms and vehicle mounted aerial devices).
In line with the changes proposed to the other affected Regulations, the Elevated Work Platform Regulation incorporates references to acceptable CSA standards for elevating work platforms.
Importantly, the Elevated Work Platform Regulation introduces new training requirements for the users of mobile elevating working platforms. Employer must provide workers with information, through both theory and practical means, on 17 topics, including how to select the proper work platform for the work being performed, storage, inspection and maintenance tasks use of PPE, addressing problems and malfunctions, the risks and hazards of operation, and other items related to the operation of a mobile elevating working platforms. The Regulation further requires that an employer implement a method of evaluating a worker’s ability to operate the equipment before they begin this work.
The Elevated Work Platform Regulation does provide a grace period with respect to the implementation of this requirement: if a worker has already completed training for a mobile elevated work platform that meets the requirements of section 147 of the Construction Projects Regulation for the group and type of equipment that the worker uses, the worker does not need to complete the new training requirements until five years after the date their original training was completed.
This new Regulation will come into force on January 1, 2027.
CSA Compliant Materials Now Acceptable – O. Regs. 278/05 and 490/09
The existing Designated Substances Regulations and the Regulation on Control of Exposure to Biological or Chemical Agents require that respirator devices meet the standards set out by the National Institute for Occupational Safety and Health. Effective July 1, 2026, this requirement will be broadened to accept respirator devices and particulate filters that are CSA compliant.
The Regulation also broadens the acceptable list of particulate filters under the respective Regulations, to include CA-labelled CSA compliant filters.
Takeaways
- For employers handling designated substances, the changes to these Regulations reflecting CSA standards may open a range of new possible products for safe use in the workplace.
- Employers on construction projects should reassess worksite hazards to determine if Type 2 headwear is required.
- Employers using mobile operating work platforms should take stock of their existing training programs and training providers for compliance with the requirements of the new regulation.
If you have any questions about your obligations in connection with this upcoming change, please feel free to contact a member of our Construction Labour group.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©