An occupational health and safety update: What employers need to know in July 2023

This blog post sets out changes to Ontario occupational health and safety law that come into effect this summer. The Ontario government introduced these changes through the various Working for Workers Act(s), as well as a number of campaigns and directives. Here’s what employers need to know this summer, in order to keep compliance with occupational health and safety law top of mind:

• Naloxone kits: As of June 1, 2023, employers who are aware, or ought reasonably to be aware that there may be a risk of a worker having an opioid overdose at a workplace must provide (and maintain in good condition) a naloxone kit at the workplace. Employers must also:
  • Ensure that the naloxone kit is in the charge of a worker who works in the vicinity of the kit. This worker must have received training on how to recognize an opioid overdose and how to administer naloxone, as well as training on any hazards related to the administration of naloxone;
  • Comply with certain storage requirements, such as keeping the kit in a hard case, and disposing of kits that have been used or have expired;
  • Meet certain kit content requirements, which differ between spray kits and injectable kits; and
  • Post the names and workplace locations of the workers who are in charge of the naloxone kit in the workplace (and who have received the prescribed training) in a conspicuous place in the vicinity of the naloxone kit.
    
• Fines: We expect that employers will see yet another rise in the maximum fine a corporation may receive upon conviction of an offence under the Occupational Health and Safety Act this summer. In the Working for Workers Act, 2023, the Ontario government has once again proposed increasing the maximum fine a corporation may receive upon conviction, this time from CA$1.5 million to CA$2 million. As of today’s date, the Working for Workers Act, 2023 is not yet in effect, and has been ordered for a third reading. However, because this bill was introduced by the Ontario government, we expect this bill will pass and employers should be aware that another increase is on its way.
  
• Inspections: The Ontario government announced several health and safety campaigns, set to take place over the summer and into next year. The campaigns include both education and outreach, and a surge in inspections. Specifically, Ontario employers should expect to see:
  • Inspections in the construction industry focused on falls from heights and struck-by equipment;
  • Inspections in the healthcare industry with respect to musculoskeletal disorders;
  • Inspections in the industrial industry focused on material handling; and
  • Inspections in the mining industry focused on training.

If you have any questions about this topic, please reach out to the authors, Adrian Miedema and Emily Kroboth.