Falls from heights are one of the leading causes of critical injuries and fatalities in Ontario workplaces according to the Ministry of Labour. As a result, beginning April 1, 2015, employers in Ontario must ensure that workers on construction projects who are required to use certain methods of fall protection complete an approved Working at Heights training program.
The Occupational Health and Safety Awareness and Training Regulation (O. Reg 297/13) (see our previous posts here) has been amended to provide for mandatory Working at Heights training. These amendments come into force April 1, 2015.
However, there is a two-year transition period for certain workers: the Working at Heights training requirements do not apply until April 1, 2017 in respect of a worker who has completed training that meets the requirements of the Construction Projects Regulation (section 26.2 of O. Reg. 213/91) before April 1, 2015. If a worker has not been adequately trained in the use of fall protection systems before April 1, 2015, then the training requirements apply as of April 1, 2015.
Who Must be Trained?
The Working at Heights training requirements apply to workers on construction projects who are required under the Construction Projects Regulation to use any of the following methods of fall protection:
- A travel restraint system;
- A fall restricting system;
- A fall arrest system;
- A safety net;
- A work belt; or
- A safety belt.
The Working at Heights training requirements apply in addition to the existing training requirements under the Construction Projects Regulation with respect to fall protection systems. The fall protection systems training under the Construction Projects Regulation requires, among other things, that a worker who may use a fall protection system is adequately trained in its use and given adequate oral and written instructions by a competent person.
Workers who work at heights and use fall protection systems at workplaces not covered by the Construction Projects Regulation do not have to complete the Working at Heights training at this time.
What Will the Training Cover?
The Chief Prevention Officer (CPO) has established Working at Heights training standards for training programs and for training providers.
The Working at Heights Training Program Standard contains the required information that must be included in a CPO-approved training program. Specifically, the Working at Heights training program will consist of two modules:
- Module 1: Working at Heights Basic Theory – covers foundational elements on how to work safely at heights. It must be at least three hours long.
- Module 2: Working at Heights Practical – provides more advanced information on fall protection systems and includes hands-on demonstration of equipment and procedures. It must be at least three and a half hours long.
The Working at Heights Training Provider Standard outlines the requirements for training providers seeking approval by the CPO to deliver an approved training program.
What are the Responsibilities of an Employer?
In respect of a worker who may use one of the methods of fall protection listed above, employers are required to ensure the following:
1. workers have successfully completed a Working at Heights training program that is approved by the CPO as meeting the Working at Heights Training Program Standard that applied at the time of the training
2. the training provider is approved by the CPO as meeting the Working at Heights Training Provider Standard that applied at the time of the training
3. the validity period of a worker’s training has not expired
4. a record of the Working at Heights training is maintained and includes the following information:
- the name of the worker
- the name of the approved training provider
- the date on which the approved training was successfully completed
- the name of the approved training program that was successfully completed
5. the record of training is available to a Ministry of Labour inspector on request
What is Required in a Record of Training and How do Workers Get It?
According to the Ministry of Labour, an approved training provider is required to provide a worker with proof of training upon successful completion of the training program.
The approved training provider must also notify the CPO of a worker’s successful completion of an approved Working at Heights training program. Upon receipt of such notification, the CPO will issue a wallet-sized proof of training card to the worker. A copy of a worker’s proof of training card issued by the CPO is considered a training record.
The Ministry of Labour will keep a secure, centralized database of all workers who successfully completed the training (collected by the CPO under the authority of the OHSA). Workers and current or potential employers (with the worker’s consent) will be able to access information about a worker’s successful completion of a Working at Heights training program.
For How Long is the Training Valid?
The training is valid for three years from the date of successful completion of the training program. According to the Ministry of Labour’s “Frequently Asked Questions”, once a worker’s training is no longer valid, the worker can take an approved half-day “refresher” training program (which covers the contents of Module 2) to renew the validity of his or her training.
A worker does not need to retake the Working at Heights training if the worker changes employers during the three-year validity period. An employer should request that new employees provide proof of completion upon hiring.
How Can an Employer Find a CPO-Approved Provider?
The Ministry of Labour website lists CPO-approved Working at Heights training providers and programs, as well as the dates on which they were approved. At the time of writing, there are seven CPO-approved providers listed on the website.
If an employer wishes to deliver “in-house” training to its workers, it must seek CPO approval to become a training provider. More information on the provider application can be found here.
What are the Potential Consequences if an Employer does not Comply?
A Ministry of Labour inspector may request that an employer provide copies of records of Working at Heights training for its workers, or a worker provide a copy of his or her CPO-issued proof of training. If an employer has not complied with the mandatory Working at Heights training requirements, an inspector may take enforcement action, including issuing orders requiring an employer to comply, issuing a stop work order where an imminent hazard exists, or prosecuting an employer under the Provincial Offences Act, where appropriate.
Keep checking www.occupationalhealthandsafetylaw.com for further updates on this topic.