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GHS (WHMIS 2015) online courses now available

The Canadian Centre for Occupational Health and Safety has released two online courses on WHMIS 2015, which implements the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

One course is for managers and supervisors, and is intended to help them understand their duties under the WHMIS 2015 (GHS) legislation.  The other course explains the purpose of safety data sheets and the information contained in them.

The law provides for a transition period to GHS.  By December 1, 2018, the transition to GHS must be complete for all parties, including employers.  By that date, employers should have no hazardous products with old WHMIS labels and safety data sheets.

More information on the training courses may be found here.

GHS (WHMIS 2015) online courses now available

New Alberta Bill 208 seeks to provide protection against workplace bullying

On November 9, 2016, Calgary MLA Craig Coolahan introduced Bill 208, Occupational Health and Safety (Protection From Workplace Harassment) Amendment Act, 2016. This Bill seeks to address workplace bullying by introducing provisions dealing with harassment into Alberta’s Occupational Health and Safety Act.

Currently, Alberta’s occupational health and safety legislation contains requirements relating to workplace violence. However, since “violence” is defined in the legislation as conduct that caused or is likely to cause physical injury, the existing requirements do not apply to many cases of workplace harassment.

The proposed amendments include a definition of “harassment” that would require the conduct to constitute a threat to the health or safety of the worker. The amendments would add a specific obligation on employers to ensure, as far as it is reasonably practicable, that its workers are not exposed to harassment in their employment. It would also add an obligation on workers to refrain from causing or participating in the harassment of another worker. Employers would be required to establish and administer a workplace harassment policy and investigate complaints of workplace harassment. Workers who are not satisfied with the outcome of the employer’s investigation process would have the option to file a complaint with an officer.

Bill 208 can be found here.

New Alberta Bill 208 seeks to provide protection against workplace bullying

Bill 132 update: OHSA amendments are now in force; MOL updates plain language guide on workplace violence and harassment

As we have previously reported, Bill 132’s amendments to the workplace harassment provisions of the Ontario Occupational Health and Safety Act came into force on September 8, 2016.

On September 13, 2016, the Ministry of Labour published an updated version of its guide, Workplace Violence and Harassment: Understanding the Law (the “Guide”), which now includes guidance on the Bill 132 amendments.  The Guide seeks to explain, in plain language, “what every worker, supervisor, employer and constructor needs to know about workplace violence and harassment requirements in the Occupational Health and Safety Act” and also answers frequently asked questions about the OHSA. In particular, the Guide clarifies the following points about the OHSA’s workplace harassment provisions:

  • The suggested content of a workplace harassment policy, which is not otherwise set out in the OHSA;
  • Examples of “reasonable action” that do not constitute workplace harassment under the OHSA;
  • That employers can combine their workplace harassment policies and programs into one document or combine both documents with other workplace policies of the employer (e.g. workplace violence policies, anti-harassment or anti-discrimination policies, etc.), as long as all of the OHSA’s requirements are complied with;
  • That someone either internal or external to the organization can receive reports of workplace harassment, as long as the report is addressed objectively and investigated in an appropriate manner;
  • The characteristics of an “appropriate” investigation, including: who can investigate complaints, suggested stages of a complex investigation, and suggested timeframes for completing investigations;
  • Examples of “corrective action” and how to provide the results of the investigation to involved parties in situations where the alleged harasser has left the organization;
  • When and how employers should conduct a review of their existing workplace harassment programs;
  • The scope of the employer’s duty to provide workers with “information and instruction”; and
  • Who is an “impartial person” who could conduct a harassment investigation ordered by a Ministry of Labour inspector under the OHSA’s new enforcement mechanism.

The Ministry of Labour confirms that, unlike the Ministry’s Code of Practice for Workplace Harassment (which we reported on here), adherence to the contents of the Guide does not constitute compliance with the law. However, the Ministry also notes that its health and safety inspectors may refer to the Guide when enforcing compliance with the OHSA. As such, the Guide is a helpful resource for employers when creating, reviewing and implementing their workplace harassment policies and programs. The Guide can be accessed here.

Bill 132 update: OHSA amendments are now in force; MOL updates plain language guide on workplace violence and harassment

Bill 132 Update: MOL Releases Code of Practice to Help Employers Comply with OHSA’s Harassment Provisions

Further to our series of posts on Ontario’s new Sexual Violence and Harassment Legislation, which amends the Occupational Health and Safety Act, the Ontario Ministry of Labour has recently issued a Code of Practice to Address Workplace Harassment under Ontario’s Occupational Health and Safety Act. The Code of Practice deals with the OHSA’s new Workplace Harassment provisions, which come into force on September 8, 2016. The Code of Practice is effective as of that same date.

Importantly, although employers are not legally required to comply with the Code of Practice, those who do will be considered by the Ministry to have complied with the harassment provisions of the OHSA. As such, the Code of Practice is a practical tool that employers can use to ensure compliance.

The Code of Practice is divided into four Parts, each of which is further subdivided into a “General Information” section, which provides guidance on the interpretation of the OHSA’s Workplace Harassment provisions, and a “Practice” section, which details requirements that employers may follow to comply with the OHSA.

The Code of Practice’s Preface indicates that following its requirements is “just one way in which employers can meet the legal requirements regarding workplace harassment” and a failure to comply with all or part of the Code of Practice may not be a breach of the OHSA. However, the Code of Practice also states that, while employers may choose to adhere to one or all of the Code of Practice’s Parts, if an employer does adhere to a Part, it must adhere to all of the Practice requirements under that Part in order to be deemed in compliance with the related Workplace Harassment provision in the OHSA.

The Code of Practice’s “General Information” sections provide guidance on the interpretation of the OHSA’s Workplace Harassment provisions, as follows:

  • Part I: Workplace Harassment Policy – This section outlines the contents of a Workplace Harassment Policy and explains that employers may choose to prepare a separate Workplace Harassment Policy or combine it with their workplace violence, occupational health and safety and/or anti-discrimination and anti-harassment policies. A template Workplace Harassment Policy is included in the Code of Practice (Sample Workplace Harassment Policy)
  • Part II: Workplace Harassment Program – This section considers reporting mechanisms for incidents and complaints of Workplace Harassment. In particular, it clarifies that a person who receives a complaint of Workplace Harassment should not be under the alleged harasser’s direct control. Further, in instances where the worker’s employer or supervisor is the alleged harasser, an alternate person who can “objectively address the complaint” must be designated to receive reports of Workplace Harassment, such as an employer’s board of directors and/or a consultant. Further, the Workplace Harassment program should set out whether this person would only receive the complaint, or whether this person would be expected to carry out an investigation.

    This section also considers the consequences of incidents of Workplace Harassment. In incidents arising from individuals who are not the employer’s workers, the section suggests that employers could either modify or refuse its services to such people. Consequences for workers could include: apologies, education, counseling, shift changes, reprimands, suspension, job transfer, termination or, in instances where workplace harassment is prevalent or commonplace, training for everyone in the workplace.

  •  Part III: Employer’s Duties Concerning Workplace Harassment – This section relates to investigations into Workplace Harassment and provides that: an “appropriate investigation” must be “objective”; the investigator must not be “directly involved in the incident or complaint” or “under the direct control of the alleged harasser”; and the investigator should have knowledge of how to conduct an investigation appropriate in the circumstances. The parties to the complaint should be updated periodically on the status of the investigation. The Code of Practice includes a sample investigation template, which can be found here: Sample Investigation Template
  • Part IV: Providing Information and Instruction on a Workplace Harassment Policy and Program – This section outlines the scope of the “Information and Instruction” that an employer must provide to its workers under the OHSA. Employers provide information and instruction on “what conduct is considered workplace harassment” and supervisors need to receive specific instruction on “how to recognize and handle a workplace harassment incident”. The employer should keep records of the information and instruction provided to its workers for at least one year.

Notably, the “Practice” sections list additional requirements that are not contemplated by the OHSA’s new Workplace Harassment provisions, including, but not limited to:

  •  Indicating, in a Workplace Harassment Program, when an external person will be retained to conduct a workplace harassment investigation (for example, but not limited to, when the alleged harasser is a president, owner, high-level management or senior executive);
  • A timeframe of 90 calendar days or less to complete an appropriate investigation, unless there are extenuating circumstances warranting a longer investigation (e.g. more than five witnesses or key witnesses unavailable due to illness);
  • Listing seven steps to an investigation that an employer must complete, at a minimum, including giving the alleged harasser(s) the opportunity to respond to allegations raised and, in some circumstances, providing the worker who has experienced Workplace Harassment with a reasonable opportunity to reply; and
  • That corrective action, if any, that is or will be taken as a result of the investigation, must be communicated in writing within 10 calendar days of the investigation being concluded.

The Code of Practice attaches a Sample Workplace Harassment Program, which provides guidance on addressing the Code of Practice’s requirements.

The Ministry of Labour indicates that the Code of Practice is “designed to help employers meet their obligations” with respect to the OHSA’s Workplace Harassment provisions. As such, it provides insight on the Ministry of Labour’s expectations for developing, implementing and maintaining Workplace Harassment Policies and Programs. While employers do not need to comply with the Code of Practice’s requirements to ensure compliance with the OHSA, a consideration of the information and requirements set out in the Code of Practice will help employers address Workplace Harassment in a manner that is consistent with the Act and the Ministry’s expectations. The full text of the Code of Practice can be found here.

Bill 132 Update: MOL Releases Code of Practice to Help Employers Comply with OHSA’s Harassment Provisions

The Countdown is On: The New OHSA Amendments Come into Force in Less Than 60 Days

As we previously reported, the amendments to the Occupational Health and Safety Act introduced by Ontario’s Sexual Violence and Harassment Legislation, An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters, come into force on September 8, 2016.

By way of reminder, the OHSA amendments expand the Act’s definition of “workplace harassment” to expressly include “workplace sexual harassment”. The amendments also impose additional obligations on employers with respect to their workplace harassment policies, programs and investigations.

With September 8th quickly approaching, the countdown to compliance is on and employers must take the following steps to ensure they meet the Act’s requirements:

  1. Review and revise existing workplace harassment policies and programs to ensure that they specifically contemplate “workplace sexual harassment”.
  2. Work in consultation with the joint health and safety committee or health and safety representative (if applicable) to develop and maintain a written workplace harassment program, which sets out:
  • reporting measures and procedures for workers to report incidents of workplace harassment to their employer or supervisor and, in the event that the employer or supervisor is the alleged harasser, to a person other than the employer or supervisor;
  • how incidents or complaints of workplace harassment will be investigated and dealt with;
  • how information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless the disclosure is necessary for investigating, taking corrective action, or by law; and
  • how a worker who has allegedly experienced workplace harassment and the alleged harasser (if s/he is a worker of the employer) will be informed of the results of the investigation and of corrective action that has been, or will be, taken.
  1. Establish internal timelines and practices to ensure that the written workplace harassment program is reviewed as often as necessary, but at least annually.
  2. Ensure that internal processes are developed and implemented to:
  • conduct investigations into all incidents and complaints of workplace harassment; and
  • inform the workers involved in the incident and/or complaint of the results of the investigation and of any corrective action that has been, or will be, taken as a result.
  1. Develop and maintain resources that provide workers with information and instruction on the contents of the workplace harassment policy and program.

In addition to the OHSA’s existing enforcement mechanisms, the amended Act grants inspectors the power to order an employer to have an impartial third party conduct a workplace harassment investigation, at the employer’s expense. Notably, the OHSA amendments do not detail the circumstances in which an inspector can, or will, issue such an order.

The Ontario Government’s It’s Never Okay Action Plan, which led to the OHSA amendments, indicates that the Government intends to issue a new “Code of Practice” for employers, which will describe in more detail the steps that employers must take to comply with the OHSA amendments. The Code of Practice is expected to be released on or around the September 8th coming into force date and will hopefully provide more guidance on the implementation of the Act.  Stay tuned as we will provide a further update upon its release.

The Countdown is On: The New OHSA Amendments Come into Force in Less Than 60 Days

Ontario MOL consulting on new mandatory construction hazard awareness training

The Ontario Ministry of Labour is proposing to require all construction employers to ensure that their workers complete a new “construction hazard awareness training” program.

This training program would be an add-on, for “construction” employers, to the mandatory basic health and safety training that all employers in Ontario are required to ensure that their workers receive.

Construction employers would have two ways to comply with the two training requirements: (1) ensure that their workers complete a training program approved as meeting the criteria of a training program and “provider standard” established by the MOL’s Chief Prevention Officer; or (2) complete a training program developed by the employer, in consultation with the joint health and safety committee, based on the learning outcomes to be set out in a regulation.

The MOL is seeking public feedback, including on a draft Construction Health and Safety Awareness Training Program Standard that would set out requirements that a training program must include in order to be approved by the Chief Prevention Officer.

For more information, click here.

 

 

Ontario MOL consulting on new mandatory construction hazard awareness training

GHS update: Health Canada and U.S. OSHA seek public input on aligning hazard communication regulations, announce March 3 webinar

Health Canada and the U.S. Occupational Safety and Health Administration (OSHA) have announced that they are seeking public input on aligning hazard communication regulations in Canada and the United States.

The Regulatory Cooperation Council, a joint group set up by the U.S. and Canada, held initial discussions in the United States and Canada in late 2015.  The mandate of the Regulatory Cooperation Council is to collaborate on implementing the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS) in Canada and the U.S., and to coordinate efforts in any future developments of the GHS.

Health Canada and OHSA will now be hosting a webinar on March 3, 2016.  The webinar will present an updated “work plan” and provide the opportunity for stakeholders to provide input on aligning U.S. and Canadian hazard communication regulations. Any person interested in attending the webinar should check the Regulatory Cooperation Council section on OHSA’s Hazard Communication website.

 

GHS update: Health Canada and U.S. OSHA seek public input on aligning hazard communication regulations, announce March 3 webinar

July 1, 2016: All Ontario employers must comply with new noise regulation

As of July 1, 2016, all Ontario employers will be required to comply with a new workplace noise Regulation under the Occupational Health and Safety Act.

The new Regulation (381/15) replaces noise protection requirements currently in the regulations for Industrial Establishments, Mines and Mining Plants, and Oil and Gas-Offshore.  Those regulations apply to many – but not all – Ontario employers.

The noise obligations will be new for employers with the following types of workplaces:

  • construction projects
  • health care facilities
  • schools
  • farming operations
  • fire services
  • police services
  • amusement parks

The new Regulation’s basic requirements are:

-Employers must take “all measures reasonably necessary in the circumstances to protect workers from exposure to hazardous sound levels”

-The noise-protection measures must “include the provision and use of engineering controls, work practices” and, where required (and permitted), hearing protection devices

-In general, every employer must ensure that “no worker is exposed to a sound level greater than an equivalent sound exposure level of 85 dBA, Lex,8” (as calculated according to the Regulation) without requiring workers to wear hearing protection devices

-Hearing-protection devices are a secondary (not primary) noise-protection solution and will be permitted in only certain listed circumstances

-Employers must, where practicable, post a warning sign at every approach to an area where the sound level regularly exceeds 85

-Employers who provide hearing-protection devices must provide appropriate hearing-protection training to workers who use those devices.

The Regulation may be found online here.

July 1, 2016: All Ontario employers must comply with new noise regulation

Bill 132: Ontario’s New Sexual Violence and Harassment Legislation

The Ontario Government recently introduced Bill 132, An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters as a response to the Government’s “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment” policy statement announced earlier this year.

Bill 132 will amend various existing statutes with respect to sexual violence, sexual harassment, and domestic violence. For employers, important changes will stem from Bill 132’s proposed amendments to the Occupational Health and Safety Act (the “OHSA”), which include modifying the current definition of “workplace harassment” and imposing additional obligations on employers concerning their workplace harassment policies, programs and investigations.

Under Bill 132, the OHSA’s definition of “workplace harassment” will be expanded to include “workplace sexual harassment”, which is defined as:

  1. Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome; or
  2. Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

Notably, Bill 132 also clarifies that a reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment.

Bill 132 will require an employer’s program to implement a workplace harassment policy under section 32.06(2) of the OHSA to further set out:

  • Measures and procedures for workers to report incidents of workplace harassment to a person other than the employer or supervisor, if the employer or supervisor is the alleged harasser;
  • How incidents or complaints of workplace harassment will be investigated and dealt with;
  • That information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless the disclosure is necessary for the investigation or corrective action, or is required by law; and
  • How a worker who has allegedly experienced workplace harassment and the alleged harasser (if he or she is a worker of the employer) will be informed of the results of the investigation and of any corrective action taken.

An employer will be required to renew its program at least annually and provide its workers with appropriate information and instruction on the contents of both the policy and program.

When faced with a “workplace harassment” incident or complaint, under Bill 132 an employer will be required to ensure that an appropriate investigation is conducted and that both the worker who has allegedly experienced harassment and the alleged harasser (if s/he is a worker of the employer) are informed of the results and of any corrective action that has been, or will be, taken. Notably, Bill 132 will allow an inspector to order an employer to have an investigation and report completed by an impartial third-party, at the employer’s expense.

Bill 132 passed first reading on October 27, 2015. If passed, the provisions of Bill 132 relating to the OHSA will come into force either six months after receiving Royal Assent or on July 1, 2016, whichever is the later date.

The Bill can be found here. A press release from the Ontario Government announcing Bill 132 can be found here

This article originally appeared on the Dentons blog, employmentandlabour.com.

Bill 132: Ontario’s New Sexual Violence and Harassment Legislation

B.C. introduces more legislation to improve workplace safety after mill fires

British Columbia recently introduced legislation to promote workplace safety in sawmills.  Bill 35 will require more extensive involvement from members of the joint health and safety committee during workplace accident investigations, and the immediate reporting of fires or explosions that could cause serious injury to a worker.

Bill 35 is the government’s response to two tragic mill accidents, the subsequent coroners’ reports, as well as specific proposals in the 2014 WorkSafeBC Review and Action Plan. In 2012, two mill explosions, one in Prince George, and one in Burns Lake, killed four men and injured dozens of other workers. Following those accidents, a coroners’ inquest was undertaken which resulted in specific recommendations relating to workplace safety and the standards required for building and refitting mills.  In addition, WorkSafeBC published its 2014 Review and Action Plan that included recommendations to make sawmills a safer place to work and to improve British Columbia’s investigation and inspection regime.

The government accepted all of the recommendations made in the WorkSafeBC Review and Action Plan Report. Bill 35 proposes amendments to the Workers Compensation Act as part of the broader undertaking to improve safety at sawmills.

The proposed legislative changes include the following:

  • Employers must immediately report to WorkSafeBC all fires or explosions that have the potential to cause serious injury to a worker.
  • There must be meaningful participation by workers and employer representatives in employer accident investigations and mandates a specific role for workplace health and safety committees to provide advice to the employer on proposed equipment or machinery changes that may affect worker health or safety.
  • Employer investigation reports must be provided to the workplace health and safety committee or worker health and safety representative, or be posted at the work site.
  • WorkSafeBC will be involved in proactively assisting workplace health and safety committees in resolving disagreements regarding health and safety matters.

Bill 35 also builds on legislative changes made under Bill 9 earlier this year, which increased WorkSafeBC’s ability to promote and enforce occupational health and safety regulations and addresses administrative issues relating to WorkSafeBC’s annual report and service plan and to the WorkSafeBC Superannuation Plan.

If you have any questions about this proposed legislation, please contact Jillian Frank in our Vancouver office at jillian.frank@dentons.com.

 

 

B.C. introduces more legislation to improve workplace safety after mill fires

U.S. OSHA and Health Canada continue “partnership” to coordinate labelling and classification of hazardous chemicals, implement GHS

Health Canada and the U.S. Occupational Safety and Health Administration (OSHA) have announced that they will “continue their partnership” to “align United States and Canadian regulatory approaches regarding labelling and classification requirements for workplace chemicals through the Regulatory Cooperation Council.”

In 2013, Health Canada and OSHA signed a Memorandum of Understanding to promote ongoing collaboration on implementing the Globally Harmonized System of Classification and Labelling (GHS) in both countries.  Countries around the world are adopting GHS, which provides a consistent international system for chemical classification and labelling.

OSHA and Health Canada say that they intend to reduce inconsistencies among hazard communication regulations and to provide concise information to protect workers exposed to hazardous chemicals.  The two countries intend to implement a system allowing the use of one label and one safety data sheet that would be compliant in both countries.

In February 2015, the Government of Canada published in the Canada Gazette, Part II the Hazardous Products Regulations (HPR) which modified the Workplace Hazardous Materials Information System (WHMIS) 1988 to incorporate GHS.

While those amendments came into force February 11, 2015, there will be a transition period during which suppliers and employers can comply with either the old WHMIS system (WHMIS 1988) or the new WHMIS system (WHMIS 2015) (the transition period rules and periods differ for employers and suppliers).

For further information on the transition, in Canada, to WHMIS 2015, click here.

U.S. OSHA and Health Canada continue “partnership” to coordinate labelling and classification of hazardous chemicals, implement GHS

April 1, 2015: New Working at Heights Training Requirements on Construction Projects

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.

April 1, 2015: New Working at Heights Training Requirements on Construction Projects

Update on changes to WHMIS requirements and transition period

Work Safe Alberta has released an Occupational Health and Safety bulletin to assist Alberta employers and workers understand the impact of the recent amendments to the federal WHMIS legislation ( see my earlier blog post Federal government announces changes to WHMIS Legislation ) particularly during the transition period when suppliers have the option to comply with either the new WHMIS system (WHMIS 2015) or the old system (WHMIS 1988).

During the transition period, Alberta employers may receive hazardous products that follow either WHMIS 1988 or WHMIS 2015. Employers will need to be familiar with both systems and be able to educate and train workers on both systems. The Work Safe Alberta bulletin provides guidance to employers in meeting their WHMIS obligations during this transition period and until Alberta’s occupational health and safety legislation is amended to align with the federal WHMIS changes.

The Work Safe Alberta bulletin can be found here.

The federal transitional requirements can be found in the Canada Gazette Part II.

Update on changes to WHMIS requirements and transition period

Federal government announces changes to WHMIS Legislation

The federal government has announced certain amendments to the federal Workplace Hazardous Materials Information System (WHMIS) legislation which covers suppliers of hazardous chemicals in Canada. The purpose of the amendments is to align with the Globally Harmonized System for Classification and Labelling of Chemicals (GHS). The GHS is being adopted by countries around the world and provides a consistent international system for chemical classification and labelling.

While the amendments came into force February 11, 2015, there will be a transition period during which suppliers can comply with either the old WHMIS system (WHMIS 1988) or the new WHMIS system (WHMIS 2015).

Alberta’s Occupational Health and Safety Code, 2009 (OHS Code), Part 29 contains the applicable WHMIS requirements for employers and workers in Alberta and is in the process of being amended to align with the federal legislation and the GHS. It is anticipated that there will also be a transition period during which Alberta employers can comply with either or both WHMIS systems.

Further information about these changes can be found on the Work Safe Alberta website or the Health Canada website.

Federal government announces changes to WHMIS Legislation

The deadline for Albertans to provide input on changes to Alberta’s Occupational Health and Safety Code is fast approaching

The Alberta government has made revisions to Alberta’s Occupational Health and Safety Code and has invited the public to provide comments on the proposed changes by way of surveys. The deadline for completing the surveys is January 31, 2015.

Some of the proposed changes include requiring employers to develop written policies and procedures to deal with workplace harassment (in addition to workplace violence) and changes to Part 29 – WHMIS to align with the proposed federal legislation.

To review the proposed changes and complete the surveys go to http://work.alberta.ca/occupational-health-safety/ohs-code-public-consultation.html.

The deadline for Albertans to provide input on changes to Alberta’s Occupational Health and Safety Code is fast approaching

Ontario taking steps to implement GHS (Globally Harmonized System of Classification and Labeling of Chemicals), amend WHMIS requirements

The Ontario Ministry of Labour is proposing amendments to safety laws as part of a broader national and international initiative to implement the “Globally Harmonized System of Classification and Labeling of Chemicals”, known as “GHS”, which is a worldwide system of classifying and providing information about hazardous workplace chemicals.

The proposed amendments are to the Occupational Health and Safety Act provisions that relate to the Workplace Hazardous Materials Information System (WHMIS), and to certain provisions of the WHMIS regulation.

The MOL notes that the United States, Australia, New Zealand, the European Union, China, Japan and South Korea are already in the process of implementing the GHS.

In Canada, the federal government has taken steps to implement the GHS.  The MOL says that, “All provinces and territories must amend their WHMIS requirements to reflect the changes to WHMIS legislation and regulations”.

The MOL is proposing that new requirements would come into force on June 1, 2015, but that there would be a lengthy transition period until June 2017 for full implementation of the GHS.

The MOL’s consultation period runs from November 3, 2014 to December 19, 2014.

For more information, click here.

Ontario taking steps to implement GHS (Globally Harmonized System of Classification and Labeling of Chemicals), amend WHMIS requirements

Ontario MOL consulting on extending noise protection to all Ontario workers

The Ontario Ministry of Labour is proposing that all Ontario workers be protected from excess noise in the workplace.

Currently, the regulations for Industrial Establishments, Mines and Mining Plants and Oil and Gas-Offshore include noise-protection provisions.  However, many Ontario workplaces are not covered by those regulations.

The MOL says that examples of Ontario workers that are not currently covered by noise-protection requirements in the existing regulations, are those in health care facilities, schools, farming operations, fire services, police services and amusement parks.

The MOL has also released a proposal to introduce noise protection requirements for Ontario construction workers.

Comments on the proposal are due on December 29, 2014.

For more information, click here.

Ontario MOL consulting on extending noise protection to all Ontario workers

Federal work refusals now require “imminent or serious threat”

Federal employers have a new definition of “danger” to apply, and an updated work refusal process to use, effective October 31, 2014.

The federal government amended the definition of “danger” to, according to a government statement, “ensure that work refusals are used only when employees are facing an imminent or serious threat to their life or health.”

“Danger” is now defined as “any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered.”

The previous definition of “danger” was the somewhat-convoluted, “any existing or potential hazard or condition or any current or future activity that could reasonably be expected to cause injury or illness to a person exposed to it before the hazard or condition can be corrected, or the activity altered, whether or not the injury or illness occurs immediately after the exposure to the hazard, condition or activity, and includes any exposure to a hazardous substance that is likely to result in a chronic illness, in disease or in damage to the reproductive system”.

The federal Labour Program also states, on its website,

“The refusal to work process has been amended to clarify when the employer and health and safety committee (or representative) must conduct their investigations and the Labour Program has developed a report template that can be used to record the findings. For further information, please consult Information document 4, “Right to Refuse Dangerous Work” and a series of questions and answers pertaining to the restructured process.”

 

Federal work refusals now require “imminent or serious threat”

MOL permits employer to have multi-workplace joint health and safety committee, union’s challenge dismissed

A union has lost a request to suspend a Ministry of Labour Director’s order allowing a school board to establish a multi-workplace joint health and safety committee.

The Ontario Occupational Health and Safety Act requires a joint health and safety committee at each workplace where twenty or more workers are regularly employed.  The default rule under the OHSA is that each workplace should have its own committee.  However, the Minister of Labour or his or her delegate has the power to make an Order permitting one joint health and safety committee to cover multiple workplaces.

The Peel District School Board received an Order from a Ministry of Labour Director permitting it to establish and maintain a multi-workplace joint health and safety committee according to certain “terms of reference”.

The Canadian Union of Public Employees challenged the MOL Director’s multi-workplace Order at the Ontario Labour Relations Board, and asked the OLRB to suspend that Order pending the outcome of the appeal.

The OLRB refused to suspend the Order, deciding that the OLRB “appears to have no jurisdiction to deal with anything but an inspector’s order”, not an Order of the Minister of Labour or an MOL Director.  As such, the OLRB had no authority to suspend the multi-workplace Order.

This decision shows that when one workplace party asks the Minister of Labour to permit a multi-workplace joint health and safety committee, the time for parties to make submissions is before the Minister (or MOL Director) makes his or her decision.  Effectively, there is no appeal to the OLRB.

Canadian Union of Public Employees v Peel District School Board, 2014 CanLII 38304 (ON LRB)

MOL permits employer to have multi-workplace joint health and safety committee, union’s challenge dismissed

Ontario employers to bear WSIB costs of injured agency employees

A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them.

Bill 18, which passed first reading on July 16, 2014, will amend the Workplace Safety and Insurance Act to attribute to an employer the WSIB accident costs of any temporary agency employee who is injured while working for them.

Previously, temporary agencies needed to bring a “transfer of costs” application to the Workplace Safety and Insurance Board to have the WSIB attribute the accident costs to the employer instead of the temporary agency.  Once Bill 18 passes (the coming-into-effect date is not yet known), that will no longer be necessary.

Most employers will already be conscientious about the safety of agency employees working for them.  Bill 18 adds an additional incentive.

Bill 18, which amends a number of other Ontario laws including the Occupational Health and Safety Act (see our post of July 22nd) may be accessed here.

Ontario employers to bear WSIB costs of injured agency employees