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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

Ontario Bill to extend protection of OHSA to unpaid trainees

A new Ontario Bill will give unpaid trainees the protection of the Occupational Health and Safety Act.  The OHSA currently gives that protection to paid workers only.

The current definition of “worker” under the OHSA is “a person who performs work or supplies services for monetary compensation . . .”

Under Bill 18, the OHSA’s definition of “worker” will be expanded to include unpaid high school, college and university students in certain approved programs; as well as certain unpaid trainees receiving training for their own benefit and not for the benefit of the employer.  Bill 18 also allows the government to pass a regulation making other unpaid persons “workers” under the OHSA.

Practically, most employers will already apply their safety programs to unpaid trainees as if the OHSA already applied to them.  The main impact of the redefinition of “worker” will be that employers are now exposed to charges and fines if unpaid trainees – who, one suspects, have a higher than average risk of being injured – are in fact injured. This makes it all the more important that employers ensure that trainees receive all necessary safety training.

Bill 18 passed first reading on July 16, 2014.  Due to the Liberal majority, the Bill is expected to pass.  We do not yet know when the Bill will come into force.

Bill 18, which contains amendments to a number of other employment-related laws, may be accessed here.

Ontario Bill to extend protection of OHSA to unpaid trainees

Saskatchewan Introduces Ticketing System for Certain Workplace Safety Violations

As of July 1, 2014, Saskatchewan employers who violate certain occupational health and safety laws may be issued a Summary Offence Ticket, which carry fines ranging from $250 to $1,000, depending on the offence (plus victim surcharges).

According to the Saskatchewan Ministry of Labour Relations and Workplace Safety, these tickets are intended to avoid time-consuming and costly prosecutions, while serving as a deterrent to those who are non-compliant with occupational health and safety laws in Saskatchewan workplaces.

Two designated Occupational Health Officers will be issuing tickets for the 12 ticketable offences, which include failing to ensure that workers use personal protective equipment ($1,000); failing to ensure that workers use a fall protection system where a worker may fall three metres or more ($1,000); failing to submit a written progress report ($600); and failing to ensure that any opening or hole is covered and clearly marked or otherwise protected ($1,000).

It is likely that most tickets will be issued to employers, contractors, owners, self-employed persons and suppliers.  There is one offence that applies to workers: clear failure to use personal protective equipment that has been provided by the employer ($250). However, a worker will be ticketed only after the officer determines that the employer provided the worker with the correct PPE, adequately trained the worker on its use, and the worker disobeyed clear direction to use the PPE.

These safety tickets are like speeding tickets – they will typically be issued either on the spot or sent by mail after an officer has assessed the situation and facts on the ground.  Further, everyone who receives a ticket has the right to challenge it in court.

The government indicates that before issuing tickets, officers will assess the severity of the situation and will first try to use other tools, including Compliance Undertakings, Officer’s Reports, Notices of Contravention and Stop Work Orders.  Further, tickets will only be issued where all other avenues to ensure compliance with health and safety in the workplace have been exhausted or are ineffective.

The Saskatchewan Ministry of Labour Relations and Workplace Safety has prepared an overview of Summary Offence Ticketing.

Saskatchewan Introduces Ticketing System for Certain Workplace Safety Violations

Canada Day deadline: Less than One Month to Complete Safety Awareness Training

Employers have less than one month to ensure that their workers and supervisors complete the mandatory “basic occupational health and safety awareness training” by July 1, 2014.

This training is mandatory for all workers and supervisors whose workplace is covered by the Occupational Health and Safety Act, regardless of industry.

For many employers, the simplest way to comply is to have your workers and supervisors complete the Ministry of Labour’s free e-learning module, print the certificate of completion, and provide the certificate to you before July 1st.

Employers can also offer in-person training programs that are tailored to the specific requirements of their workplace, as long as the training meets the minimum content requirements set out in the regulation.  If employers are providing in-person training, it may be wise to have the presenter, throughout the presentation, refer employees to the corresponding material in the Ministry of Labour workbooks, in order to ensure that all of the required material is covered.

As mentioned in our February 25, 2014 article, a Ministry of Labour inspector has advised us that, immediately after July 1st, inspectors will likely issue a reminder to employers who have not conducted the training by the deadline.  Employers who continue to be non-compliant with the regulation will likely receive a compliance order, and in cases of ongoing failure, could be charged and fined.

If you require additional information on how to comply with this new regulation, see:

  • our February 25, 2014 article, which sets out “what you need to do” to comply with this new requirement;
  • our April 3, 2014 article, which provides various strategies for employers as to how to provide this training; and
  • our May 1, 2014 article, which discusses who has to take this training and how employers can continue to ensure that they are compliant with the training requirements after July 1, 2014.

We are available to assist employers with complying with this new obligation – by the Canada Day deadline.

Keep checking www.occupationalhealthandsafetylaw.com for further updates on this topic, or contact Adrian Miedema or Chelsea Rasmussen.

Canada Day deadline: Less than One Month to Complete Safety Awareness Training

Government OHSA advisors must be licenced paralegals, court decides

Employees of Ontario’s Office of the Worker Advisor and Officer of the Employer Advisor who provide legal services relating to the Occupational Health and Safety Act must be licensed paralegals, an Ontario judge has decided.

Since 2007, paralegals have been regulated by the Ontario Law Society Act.  A paralegal must not provide legal services unless licensed by the Law Society of Upper Canada, which regulates lawyers and paralegals in Ontario.

The Law Society went to court asking for a declaration that government employees who provide legal services relating to the OHSA must be licensed paralegals.  The issue arose when the Office of the Worker Advisor (which provides certain legal services to non-unionized workers) and Office of the Employer Advisor (which provides legal services to smaller employers) started advising on safety-related reprisals after 2011 amendments to the Occupational Health and Safety Act.  The amendments permitted the OWA to educate, advise and provide representation before the Ontario Labour Relations Board to union-unionized workers who experienced reprisals from employers under the OHSA.  The Law Society had granted an exemption to the OWA and OEA to provide legal services in relation to the Workplace Safety and Insurance Act but not the OHSA.

The OWA had posted two “Worker Representative” positions which required that the successful candidates hold a paralegal license from the Law Society.  The union, OPSEU, objected to that requirement and argued that the Worker Representatives need not be licensed paralegals, although they admitted that the OHSA services being provided by the Worker Representatives were “legal services” under the Law Society Act.  OPSEU, however, argued that the Law Society Act did not apply to the government and that the Workplace Safety and Insurance Act exemption applied.

The court disagreed, holding that the Law Society Act applied to the government, and that the Workplace Safety and Insurance Act exemption did not apply to OHSA advice.  That meant that the OWA and OEA employees who provided legal services on OHSA matters were required to be registered with the Law Society as paralegals.

In an age of increasing regulation of professional advisors, health and safety consultants who are not licensed paralegals should consider whether they are providing “legal services” and therefore need to obtain a paralegal license from the Law Society.

LSUC v. OPSEU et al., 2014 ONSC 270 (CanLII)

Government OHSA advisors must be licenced paralegals, court decides

Ontario announces new JHSC certification training standards, refresher requirements

The Ontario Ministry of Labour has announced that new “JHSC Certification Training Standards” will come into effect in early 2015.  In the meantime, the existing “Certification Standards for Joint Health and Safety Committees, May 1996” remain in effect.

The new standards and certification requirements would include Part One training (general to all workplaces), which would have to be taken from an approved training provider; and Part Two training that would be sector-specific and would be formalized with approved training programs taken from approved training providers.

The Ministry also anticipates that the Chief Prevention Officer will establish new requirements that all certified members take refresher training within three years of certification to maintain certification status.  This would be a new requirement.

The Ministry of Labour’s announcement may be found here.

 

Ontario announces new JHSC certification training standards, refresher requirements

Bill Would Increase Fines, Prison Terms for Workers Compensation Offences in Manitoba

It’s not just courts that are increasing fines for safety offences.  The Manitoba government has proposed substantial increases to fines under the Manitoba Workers Compensation Act.

If Bill 65 is passed, the top fine under the Workers Compensation Act for workers would increase to $5,000 (from $1,500) and the top fine for employers would increase to $50,000 (from $7,500).  The maximum term of imprisonment for an offence would increase to six months (from three).

Offences under the Workers Compensation Act include knowingly making a false statement to the Workers Compensation Board and failing to report a workplace accident giving rise to a claim for workers’ compensation.

The fines under the Workers Compensation Act are separate from those under the Workplace Safety and Health Act, which provides for fines of up to $500,000 and a six-month prison term in cases of workplace accidents or other incidents involving violations of that Act.

Bill 65 would also establish a “prevention committee” of the board of directors of the Workers Compensation Board.  As well, it would require the Workers Compensation Board to undertake activities aimed at the prevention of workplace injury and illness.  In addition, the Bill would give the Workers Compensation Board authority to inspect workplaces and to require employers and others to produce documents in connection with timely and safe return to work and to determine compliance with the Act.

The Bill may be accessed here.

Bill Would Increase Fines, Prison Terms for Workers Compensation Offences in Manitoba

Two months until July 1 safety awareness training deadline: will you be compliant?

The July 1, 2014 deadline is quickly approaching.  Employers in Ontario have two months to ensure that their workers and supervisors complete “basic occupational health and safety awareness training” before the deadline.

Our February 25, 2014 article set out “what you need to do” to comply with this new requirement.  Our April 3, 2014 article set out various strategies for employers as to how to provide this training.

In this article, we will provide updates and address a number of questions that have recently arisen, including who has to take this training and how employers can continue to ensure that they are compliant with the requirements of this Regulation even after their current workforce is trained.

Ministry of Labour Guide to Requirements for Basic Awareness Training

The Ministry of Labour has now released “A Guide to OHSA Requirements for Basic Awareness Training”.  It is fairly brief and worth reading.

Are directors and officers of a company or charity required to take the supervisor training?

The issue of whether directors and officers of a company or charity are considered supervisors is dependent on the particular facts of the situation.  If a director or officer has the responsibilities of a supervisor under the Occupational Health and Safety Act in an Ontario workplace (i.e. the person has charge of a workplace or authority over a worker in Ontario), the Ministry of Labour will likely expect the director or officer to complete the supervisor safety awareness training.  “Authority over a worker” includes, among other things, the ability to promote and discipline workers, schedule work and grant leaves of absence.  If the director or officer is not a “supervisor” under the OHSA, he or she is not required to take the training.

Are volunteers with a charity or not-for-profit organization required to take the training?

Under the OHSA, a worker is defined in part as “a person who performs work or supplies services for monetary compensation”.  As a result, a volunteer is not considered a worker and does not have to take the safety awareness training.  We recommend, however, that if a volunteer is doing work that involves any safety risks, you require him or her to take the safety awareness training.

Must employers verify that temporary employees sent to them by temporary employment agencies have completed safety awareness training?

Yes.  Where a worker is employed by a temporary employment agency and sent to another company to perform temporary work assignments, the temporary employment agency and the company both have safety duties under the OHSA.  While the temporary employment agency is required to provide the training, the company at which the temporary employee is working is required to confirm that the employee has received the training.

Update your checklists and agreements now

Hiring checklists and offer letters:
Ontario employers should update their hiring checklists and offer letters now.  Hiring checklists should include a requirement that a new worker or supervisor provide to the employer proof of having received the safety awareness training.  Going forward, employment offer letters / employment contracts should include a condition that a worker or supervisor has completed or will complete the appropriate safety awareness training.

Contractor and temporary employment agency agreements:
Employers should also include, in their standard-form contractor or temporary employment agency agreements, a requirement that the contractor or temporary employment agency not send to the employer any workers who have not completed the training, and that the contractor or temporary employment agency provide proof that its workers have received the training.  Employers must ensure they have an up-to-date record of safety awareness training for all workers and supervisors who perform work for the employer (which includes workers and supervisors from contractors and temporary employment agencies) in order to demonstrate compliance in the event the Ministry of Labour inspects the workplace.

Keep in mind employees who may require accommodation

Some employees with disabilities, language or literacy issues may require accommodation in order to complete their safety awareness training.  These employees may need additional time, or for the material to be read aloud or clarified.  Some may benefit from the opportunity to ask questions in a one-on-one environment.

The Ministry of Labour currently offers the worker and supervisor workbooks, and accompanying employer guides, in English, French, Traditional Chinese, Simplified Chinese, Hindi, Punjabi, Portuguese, Spanish, and Urdu.  The Ministry of Labour’s e-learning modules are currently available in English and French; however, its website indicates that the e-learning modules will be available in the seven additional languages in Spring 2014.

Please let us know if you would like our assistance in complying with this Regulation, including with slides for face-to-face training and template “proof of completion” certificates for employers to use. 

Keep checking www.occupationalhealthandsafetylaw.com for further updates on this topic, or contact Adrian Miedema or Chelsea Rasmussen.

Two months until July 1 safety awareness training deadline: will you be compliant?

Join us May 1st for Seminar / Webinar on Ontario’s New Safety Training Requirements (and Two Other Interesting Topics)

Please join us on May 1st for a complimentary seminar / webinar on the following topics:

July 1st Deadline Looming: How to Comply with Ontario’s New Safety Awareness Training Regulation
Adrian Miedema

Internal Fraud — Managing Termination and Asset Recovery Options
Mark Evans and Blair McCreadie

An Update on Ontario’s Workplace Violence and Workplace Harassment Law
Saba Zia

CHRP Accreditation
This program may be eligible for recertification points.

CPD Accreditation
This 1.5 hour program can be applied toward 9 of the 12 educational hours for Continuing Professional Development required annually by the Law Society of Upper Canada. Please note that these CPD hours are not accredited for the New Member Requirement.

Event Details

May 1, 2014
Registration & Breakfast
8:00 – 8:30 a.m. EDT
Seminar
8:30 – 10:00 a.m. EDT

Dentons Canada LLP, 77 King St West, North Building, 5th Floor, Toronto

Or by webinar

To RSVP:

RSVP to Carla Vasquez, Specialist, Marketing and Events at carla.vasquez@dentons.com.

Join us May 1st for Seminar / Webinar on Ontario’s New Safety Training Requirements (and Two Other Interesting Topics)

Ontario Proposes Increasing “Distracted Driving” Fines – and Adding Demerit Points

Ontario’s government has introduced a Bill that would result in harsher penalties for distracted driving.

The proposed amendments to the Highway Traffic Act would:

-Increase the fine range from $60 – $500 to $300 – $1,000, and

-Assign three demerit points upon conviction of a distracted driving offence.

Sections 78 of the Highway Traffic Act prohibits holding of “a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages”.  Since that provision was introduced in 2009, it has become widely recognized that distracted driving is a major road safety issue in Ontario.

Ontario employers should consider implementing a “distracted driving” policy if they have not done so already – particularly where employees regularly drive on business.

Ontario Bill 173 may be accessed here, and a government press release on the Bill may be accessed here.

Ontario Proposes Increasing “Distracted Driving” Fines – and Adding Demerit Points

Three months until July 1 training deadline: Update on Ontario’s new safety awareness training requirement

Ontario employers have less than three months left to ensure that their workers and supervisors get “basic occupational health and safety awareness training” before the July 1, 2014 deadline.

Our February 25, 2014 article set out “what you need to do” to comply with this new requirement.

We have been considering various strategies for our clients as to how to provide this training, and have been in touch with the Ministry of Labour. Here are some updates and additional insights for employers to consider.

Can you combine the worker and supervisor training into one joint in-person session?

There is substantial overlap between the required content of the worker and supervisor training sessions.

If your company will be delivering the training face-to-face not using the Ministry’s online e-module, and is considering combining the worker and supervisor training into one session for all employees, ensure that the session covers all of the required content in the Regulation – but also covers the material from the perspective of both workers and supervisors.

The new Regulation refers to a basic occupational health and safety awareness training program for workers and a basic occupational health and safety awareness training for supervisors. A Ministry of Labour inspector could argue that “for” means “from the perspective of” or “tailored to”. So if, for instance, in a joint session you present only the supervisor’s perspective on a particular safety topic, an inspector might say that you have not complied with the Regulation’s requirement to provide the training “for” workers.

Although the required content for the worker and supervisor training overlap to some extent, you can see from the safety awareness training materials prepared by the Ministry of Labour (see our February 25th article for hyperlinks to those materials) that the Ministry approaches these topics quite differently for workers and supervisors. When delivering the safety awareness training, it is important to ensure that for each topic, workers and supervisors understand the distinction between their respective roles and responsibilities, even if the topic itself – such as “duties and rights of workers under the Act” – is required content in both the worker and supervisor training.

If you are going to combine the worker and supervisor sessions into one joint session, the safest approach is to ensure that any combined training session satisfies all of the criteria in the Regulation while articulating the different perspectives, roles and responsibilities of workers and supervisors. This will likely make the joint session longer than worker-only or supervisor-only sessions would be, possibly defeating the benefit of combining the worker and supervisor sessions.

Must supervisors also take the worker training?

There is some legal debate, based on the wording of the Regulation, as to whether supervisors who complete the supervisor training before July 1st must also complete the worker training. The debate centres around when the Regulation “came into force”, since part of the Regulation came into force on November 14, 2013 and the rest will come into force on July 1, 2014. A Ministry of Labour representative has recently advised us that the Ministry’s position is that July 1, 2014 is the applicable date.

Based on the Ministry’s position, a supervisor will be exempt from completing the worker training if:

(a) the supervisor was performing work as a supervisor for the employer prior to July 1, 2014; and

(b) the supervisor completed a basic occupational health and safety awareness training program for supervisors that contains the required supervisor contents, before July 1, 2014.

As a result, employers should ensure that all supervisors take the supervisor training before July 1st, because if they do, it appears that the Ministry of Labour will not require them to also take the worker training.

What about supervisors outside Ontario who supervise workers in Ontario?

Where your company has a supervisor outside Ontario – for instance, in Calgary – who supervises a worker in Ontario, the safe approach would be to have the Calgary supervisor complete Ontario’s basic safety awareness training for supervisors. Although, except in very limited circumstances, the Ontario Occupational Health and Safety Act does not apply to supervisors or workers working outside Ontario, a Ministry of Labour inspector could take the position that the OHSA does require an Ontario employer to ensure that any person supervising Ontario workers take the training – even if the supervisor is not located in Ontario.

Revising your contractor agreement

Ontario employers are required to ensure that contractors – who are “workers” under the OHSA – working for the employer have taken the worker safety awareness training. We are suggesting that companies revise their template contractor agreement to include a clause in which the contractor confirms that he or she has completed the training and that he or she will provide proof.

E-learning modules need specific web browsers

If you plan to have your workers and supervisors complete the training through the Ministry of Labour’s online e-learning modules, ensure that your company’s computers have at least Internet Explorer 9 or Chrome 17, or they won’t be able to access the modules.

Keep checking www.occupationalhealthandsafetylaw.com for further updates on this topic, or e-mail us at adrian.miedema@dentons.com or chelsea.rasmussen@dentons.com.

 

Three months until July 1 training deadline: Update on Ontario’s new safety awareness training requirement