The Canada Labour Code and regulations in Newfoundland and Quebec contain substitution requirements.  British Columbia also has a limited requirement for substituting toxic substances.

In the U.S.A., Massachusetts established the Toxics Use Reduction Act (TURA) in 1989.  This law encourages reductions in the amount of toxins used and generated as a result of an industrial process or operation.  It is reportedly the preferred mechanism for complying with all legislation governing worker and environmental health and applies to companies with ten or more full-time workers manufacturing 25,000 pounds or more of a “reportable” toxic substance.  TURA requires companies to report on toxin use, not toxin release. Central to TURA is a facility based plan to reduce toxins.

Massachusetts also provides support for these facilities or companies in the form of training and research into alternative substances.  The information accumulated over an eight year period and reported in 1997 demonstrated that companies generated 41 percent less toxic waste and reduced use of toxic chemicals by 24 percent.

Ontario would not be breaking new ground by bringing in substitution requirements.  Clearly the MOL would need to work with other ministries to introduce in Ontario what has been working in Massachusetts for many years.

The Massachusetts experience was used as an example of best practice in the previously discussed report prepared for the Canadian Strategy for Cancer Control. The lack of mandatory substitution requirements was identified as a gap in legislation and government policy in that same report.

Labour’s Concern Over the Use of TLVs

Our position on the use of the ACGIH TLVs as legal limits is well documented with the Ministry of Labour.  We have provided detailed critiques of these limits and the MOL practice of relying on them to protect workers.  Our submission to the MOL in March of 2000 on the proposed revisions to the Occupational Exposure Limits (OELs) provided this information.  We do not feel it necessary to reproduce that information as our position has not changed and we refer the Ministry to that document for the details.