Proposed EHS regulatory changes – December 2020

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This is a list of select proposed EHS regulatory changes in Canada and the United States. We cover EHS legislation in over 100 countries and 200 jurisdictions. If you would like to track EHS legislation in specific regions, jurisdictions or countries, we are happy to help. Please send us a request for more information here and we will get in touch shortly.

Canada

United States

Canada

Alberta

Bill 47: Ensuring Safety and Cutting Red Tape Act, 2020

Published date: 2 Dec, 2020
Industry Sector: General Industry, Office Spaces, Building Management and Maintenance

The rules respecting workers’ compensation and occupational health and safety could soon change in Alberta.

According to lawyers from Miller Thomson, the changes would notably
– reinstate “the cap on maximum insurable earnings for injured and ill workers”;
– limit “presumptive coverage for psychological injuries to firefighters, police officers, peace officers, paramedics, corrections officers, and emergency dispatchers (other workers will still have access to coverage for work-related psychological injuries through the normal claim process)”;
– restore “a voluntary system for reinstating an injured worker (right now this is mandatory for workers with at least 12 months’ service)”;
– remove “the requirement for employers to continue making contributions to health benefit plans for injured workers who are off of work”;
– add “flexibility to requirements for work site health and safety committees and representatives for work sites with multiple employers and a prime contractor”;
– clarify “definitions and reporting requirements for ‘potentially serious incidents’”; and
– clarify “rules and definitions around ‘dangerous work’ refusals”.

Additional information is available here and here.

Ontario

Fuel Oil Code Adoption Document (CAD) amendment 2020

Published date: 1 Dec, 2020
Industry Sector: General Industry, Building Management and Maintenance

The Ontario Government announced its intention to update the Fuel Oil Code Adoption Document adopted into its legislation, to adopt by reference the latest edition of CSA B139 series codes (CSA B139.1.0, CSA B139.1.1, CSA B139.1.2 and CSA B139.2) and to adopt the TSSA’s updated version of the Field Approval Code (FAC).

According to the Government of Ontario, theses changes would notably
– add “an annual visual inspection requirement of fuel oil tanks, tubing, piping and fuel oil filters for leakage”;
– add a new requirement “to remove an aboveground or underground tank system that has not been used for more than three (3) years”;
– add a new requirement “limiting the acceptance of tanks conforming to the American Petroleum Institute standard 650 for storage tanks (API 650) to field erected tanks with capacities that exceed 175,000 L”;
– add new requirements “for through-the-wall venting for condensing appliances”;
– adopt the 2020 edition of CSA B149.3 and the 2019 edition of NFPA 85 and NFPA 86;
– remove 27 Ontario-specific amendments made to various incorporated codes.

Interested persons are invited to make comments by January 30, 2021.

Additional information is available here.

Quebec

Bill 695, An Act to set a standard for the maximum concentration of manganese in drinking water

Published date: 9 Dec, 2020
Industry Sector: General Industry

The rules respecting drinking water could soon change in Quebec to set a standard for the maximum concentration of manganese.

The new standard would “specify that drinking water cannot contain more than 0.06 milligrams of manganese per litre”.

This change would be implemented by amending the Regulation respecting the quality of drinking water (RRQ,cQ-2,r40).

Additional information is available here.

United States

Federal

Duck Boat Safety Enhancement Act of 2020

Published date: 14 Dec, 2020
Industry Sector: Water Tansportation

The United States government is proposing to implement new regulations related to the safety of amphibious passenger vessels, including during severe weather emergencies. The proposed changes notably add training requirements and emergency procedures for operators of amphibious passenger vessels.

Additional information is available here.

Railroad Workplace Safety

Published date: 11 Dec, 2020
Industry Sector: Rail Transportation

The Federal Railroad Administration is proposing to revise its regulations governing railroad workplace safety to: Allow for the use of alternative security standards for electronic display systems used to view track authority information for roadway worker safety, and exempt certain drone roadway maintenance machines from existing environmental control requirements.

Written comments must be received by February 9, 2021.

Additional information is available here.

Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Revisions to the Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf

Published date: 9 Dec, 2020
Industry Sector: Oil and Gas Industry

The Department of the Interior is proposing to revise its existing regulations for exploratory drilling and related operations on the Arctic Outer Continental Shelf. The proposed changes would notably revise provisions covering pollution prevention, source control and equipment, and submission procedures related to operating plans.

Comments must be received on or before February 8, 2021.

Additional information is available here.

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