As of January 1, 2010, many Ontario workplaces will be required to track, report and develop plans to reduce the toxic substances they use, create and release.

On June 3, 2009, the Ontario government passed the Toxics Reduction Act. 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. This regulation spells out the requirements facilities must meet to comply with the Act, including:

• tracking toxic substances used, created and released,
• development of plans, including options to reduce each toxic substance,
• making summaries of the plan available to the public,
• reporting to the MOE on annual progress in reducing toxic substances and making certain information available to the public, and
• updating the overall plan at least every five years.

According to a MOE fact sheet, the Toxics Reduction Act and regulation applies to approximately 2000 facilities in the manufacturing and mineral processing sectors (excluding physical extraction, crushing or grinding) that are required to report to the National Pollutant Release Inventory (NPRI) and to the MOE under Regulation 127/01 for acetone.

The Toxics Reduction Act is modeled loosely after Massachusetts's Toxics Use Reduction Act (TURA) passed in 1989. In both cases, 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. Their legislation also set targets for reducing the generation of toxic waste by 50 per cent statewide. These targets were met after just nine years. The success of this system continues today. Companies in Massachusetts have reduced their use of toxic chemicals by 40 per cent, waste by 71 per cent and on-site releases by 91 per cent.

Workers, their representatives and others here in Ontario though are concerned similar outcomes will be difficult with a number of shortcomings in the current Toxics Reductions Act and regulation. For instance, the regulation fails to prescribe a 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 the fact 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.

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."

Meantime, workers and their representatives can access a copy of the information that is made available for the public.

Want to know more from the Ministry of the Environment about the Toxics Reduction Act and regulation?

Want to know which facilities are required to report on emissions to the National Pollutant Release Inventory?  (see Schedule 3 - Criteria for Reporting)

Want to read more about the potential shortcoming of the Toxics Reduction Act and regulations?

Want more information on WHSC's Health and Safety and the Environment Program call a WHSC training service representative at 1-888-869-7950 or a WHSC near you.