ministry of labour oel durham chapter mol - construction program

Ministry of Labour

OEL Durham ChapterOEL Durham Chapter

MOL - Construction Program

Ministry of Labour2

DisclaimerDisclaimer

This presentation has been prepared to assist the workplace parties in

understanding their obligations under the Occupational Health and

Safety Act (OHSA) and the regulations.

This document does not constitute legal advice. To determine your

rights and responsibilities under OHSA, please contact your legal

counsel or refer to the legislation.

Ministry of Labour3

Mission Statement Mission Statement

Ministry of Labour4

Occupational Health and Safety ActOccupational Health and Safety Act

• The Occupational Health and Safety Act (OHSA) and its regulations are Ontario's primary legislation for workplace health and safety.

• MOL also has a prevention mandate through the Office of the Chief Prevention Officer.

Ministry of Labour5

Purpose of the OHSAPurpose of the OHSA

• The main purpose of the Act is to protect workers from health and safety hazards on the job.

• It sets out duties for all workplace parties and rights for workers.

• It establishes procedures for dealing with workplace hazards and provides for enforcement of the law where compliance has not been achieved voluntarily.

• Fundamental to the successful working of OHSA is the workplace Internal Responsibility System (IRS).

Ministry of Labour6

Internal Responsibility SystemInternal Responsibility System

• The Internal Responsibility System is the underlying philosophy in the OHSA.

• Every individual, worker, supervisor, manager, senior executive, etc. is responsible for health and safety and has specific roles to maintain a safe and healthy workplace as well as improve unsafe working conditions where necessary.

Ministry of Labour7

Internal Responsibility SystemInternal Responsibility System

The Internal Responsibility System does the following:

•Establishes responsibility sharing systems;

•Promotes a safety culture;

•Promotes best practices;

•Helps develop self reliance; and,

•Ensures compliance.

Ministry of Labour8

Who Is Covered by the Act ?Who Is Covered by the Act ?

• Almost every worker, supervisor, employer and workplace in Ontario is covered by the Act

• Workplace owners, constructors and suppliers of equipment or materials to workplaces are covered

• What is not covered ?

• work done by the owner or occupant, or a servant, in a private residence or on the connected land (section 3 (1)); and

• workplaces under federal (Government of Canada) jurisdiction, such as banks, post offices, airlines, interprovincial trucking operations

Ministry of Labour9

Duties of ConstructorsDuties of Constructors - Section 23 - Section 23

• Ensure all measures and procedures prescribed by the Act and Regulations are followed on a project by all employers and workers.

• Ensure all contractors, sub-contractors, employers and workers on the project comply with the Act and Regulations.

• Ensure the health and safety of ALL workers on the project is protected.

• Give notice to Ministry of Labour re: project commencement, on line through the e-NOP service.

• Ensure Registration Form is completed by each employer

• Provide notice to subcontractors re: designated substances.

• (Plus all duties of employers)

Ministry of Labour10

Duties of EmployersDuties of Employers - Section 25 & 26 - Section 25 & 26• Ensure all prescribed equipment, material and protective equipment are provided

• Ensure above items maintained in good condition and used as prescribed

• Ensure all prescribed measures and procedures are followed

• Inform, instruct and supervise workers to protect health and safety

• Appoint competent supervisors

• Acquaint workers/supervisors with hazards

• Assist and co-operate with health and safety representatives

• Not employ anyone under age (construction-no person younger than 16 shall be employed or present on a project)

• Take every precaution reasonable for the health and safety of workers

• Post copy of Act and Regulations

• Prepare a written OHS policy and review annually


Duties of Supervisors - Duties of Supervisors - Section 27Section 27

• Ensure all workers comply with the Act and Regulations

• Ensure all workers follow company safety policy

• Ensure all workers use or wear the equipment, protective devices

• Advise workers of potential or actual danger

• Provide workers with written instructions (where prescribed)

• Take every precaution reasonable to protect worker’s health & safety


Duties of Workers - Section 28Duties of Workers - Section 28• Work in compliance with the Act and Regulations

• Use or wear the equipment, protective devices or clothing that employer requires to be used or worn

• Work in a safe manner

• Notify supervisor and employer of hazards or contravention of the Act or Regulations

• Not use equipment, devices in manner that endangers themselves or other workers

• Not engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct

• Follow corporate safety policy


Rights of Workers

• Right to a healthy and safe work place

• Right to participate

• Right to know

• Right to refuse unsafe work


Definition of WorkerDefinition of WorkerThe definition of worker under the Occupational Health and SafetyAct

(OHSA) expands coverage to unpaid co-op students, certain other learners

and trainees participating in a work placement in Ontario.

Specifically, the new definition of worker now includes:

•Unpaid secondary school students who are participating in a work experience program, authorized by the school board that operates the school in which the students are enrolled,

•Other unpaid learners participating in a program approved by a post-secondary institution, and,

•Any unpaid trainees who are not employees for the purposes of the Employment Standards Act, 2000 (ESA) because they meet certain conditions.

A Volunteer is not defined as a worker.


Reprisals under Section 50 of the OHSAReprisals under Section 50 of the OHSA

Employer’s can not reprisal against a worker for obeying the law or exercising their rights.

•dismiss (or threaten to dismiss) a worker;

• discipline or suspend a worker (or threaten to do so);

• impose (or threaten to impose) any penalty upon a worker, or

•intimidate or coerce a worker.

.


Workplace Violence and HarassmentWorkplace Violence and Harassment

• Every employer in Ontario must prepare and review, at least annually, a policy on workplace violence, as required by the OHSA [Section 32.0.1(1)(a) and (c)].

• Employers must prepare and review a policy on workplace harassment at least annually, as required by the OHSA [Section 32.0.1(b) and (c)].

The policy is required regardless of the size of the workplace or the number of workers.


Occupational Health and Safety Awarenessand Training Regulation (O. Reg. 297/13)

• Basic OHS awareness training is mandatory for all Ontario workers and supervisors.

• The Ministry has produced materials to assist employers/worker/supervisors in complying with this regulation.

• Workbooks and accompanying employer guides for download entitled “Worker Health and Safety Awareness in 4 Steps”.

• Workbooks and accompanying employer guides for download entitled “Supervisor Health and Safety Awareness in 5 Steps”.


Working at Heights (WAH)• As of April 1, 2015 O. Reg. 213/91 and O. Reg. 297/13 (Occupational

Health and Safety Awareness and Training) requires employers to ensure workers who are required under Reg. 213/91 to use fall protection systems successfully complete a WAH training program approved by the Chief Prevention Officer (CPO) from a CPO approved provider, and that the training is valid.

• Workers who would have been trained in compliance with section 26.2 of O. Reg. 213/91 prior to April 1, 2015 have until April 1, 2017 to complete a WAH training program by an approved provider.

• To be approved, a program must meet the WAH Training Program Standard established by the CPO; and a provider would have to meet the WAH Training Provider Standard established by the CPO.


CPO issued Proof of Training

• Name of the worker• Worker ID• Name of approved training program • Name of approved training provider

• Date of successful completion of the training

WAH Proof of Training Template

Proof of Training Example


Role of Ministry of LabourRole of Ministry of Labour

• We administer and enforce Ontario’s Occupational Health and Safety Act (OHSA) R.S.O. 1990 C. 0.1 and its various regulations.

• Safe At Work Ontario is our occupational health and safety compliance strategy, designed to:

- Improve the health and safety culture of workplaces

- Reduce workplace injuries and illnesses

- Lessen the burden on the health care system

- Avoid costs for employers and the WSIB

- Provide a level playing field for compliant employers


Enforcing the OHSA - Enforcing the OHSA - Role of MOL InspectorRole of MOL Inspector

• Monitors compliance with legislation

• Conducts Inspections and Investigations

• Focus on specific industry sectors where there are high injury rates, history of non-compliance, & specific workplace hazards

• Will communicate and enforce the Act & Regulations by various means:

- Orders [forthwith, time and stop work orders]

- Prosecution - tickets, summons, Part 3 prosecution



• Under OHSA, a Ministry of Labour Inspector can enter workplace without notification.

Ministry of Labour inspectors visit workplaces to:

• Conduct proactive inspections to ensure employers are complying with the OHSA.

• Conduct reactive investigations due to workplace injury, fatality, complaint or work refusal.

• Ensure workplace parties are maintaining an effective IRS.

• Blitzes, Initiatives or Regional Initiatives



• In addition, Ministry of Labour employs a team of specialists who may accompany an inspector during a workplace inspection or investigation to provide additional expertise.

• These professionals include:

• Engineers;

• Hygienists;

• Doctors;

• Ergonomists; and

• Radiation experts.


Enforcing the OHSA – MOL Inspector PowersEnforcing the OHSA – MOL Inspector Powers

Inspectors have broad powers under section 54 of the OHSA.

Inspectors’ Powers Include:

Power of Entry

Under clause 54(1)(a) of the OHSA, a Ministry of Labour inspector has the power to enter any workplace without a warrant or notice. By law, if an inspector shows up at your workplace, you are required to permit him or her entry to conduct a workplace inspection or investigation.


Enforcing the OHSA – MOL Inspector PowersEnforcing the OHSA – MOL Inspector Powers

Obtain Information

Once an inspector has begun a workplace inspection or investigation, by law, he or she is permitted to:

• Question any person [54(1)(h)]

• Handle, use or test any equipment, machinery, material or agent in the workplace and take away any samples [54(1)(b) and (e)]

• Look at any documents or records and take them from the workplace in order to make copies [54(1)(c) and (d)], and

• Be accompanied by an expert & photographs [54(1)(g)].


Penalties for Non-CompliancePenalties for Non-Compliance

• The maximum penalties for a contravention of OHSA or its regulations are set out in Section 66 of the OHSA.

• A successful prosecution could, for each conviction, result in: A fine of up to $25,000 for an individual person and/or

up to 12 months imprisonment; A fine of up to $500,000 for a corporation.


OHS System PrioritiesOHS System Priorities• For 2015/2016, the OHS System Priorities are:

1. Vulnerable workers

2. Small business

3. Highest hazards

• OHS System Priorities cross all programs and influence the focus of all inspections.

• Health and Safety Associations (HSAs) & MOL’s Prevention Office support MOL enforcement activities (so do the Occupational Health and Safety Branch [OHSB] and Policy) and provide information to workers and employers.


Inspection Blitzes / Initiatives / FocusInspection Blitzes / Initiatives / Focus• Part of the Safe At Work Ontario strategy is to focus on specific industry

sectors where; - there are high injury rates,

- history of non-compliance

- specific workplace hazards

• Construction Health and Safety Program Blitzes for 2015/2016

▫ 1 May – 30 June 2015 (2 months) – Struck By Hazards

▫ 1 July - 31 Aug 015 (2 months) – Trenching

▫ 1 October – 30 November 2015 (2 months) – Heavy Equipment Operation


Inspection Blitzes / Initiatives / FocusInspection Blitzes / Initiatives / Focus

• Construction Health and Safety Program Initiatives for 2015/2016

▫ Apr 2015 to March 2016 – Supervisory Awareness of OHSA & Regulatory Duties

▫ Apr 2015 to March 2016 – Worker Safety on Sloped Roofs

▫ Apr 2015 to March 2016 – Worker Material Handling Practices & Ergonomic Risks/Controls

• Construction Health and Safety Program Focus for 2015/2016

▫ Apr 2015 to March 2016 – Vulnerable Workers

▫ Apr 2015 to March 2016 – Small Business

▫ Apr 2015 to March 2016 – High Hazard Area: Fall Hazards – Non Compliance


We Are Here to HelpWe Are Here to HelpMinistry of Labour Health & Safety Contact Centre

•Toll-free, 1-877-202-0008

Fax, 905-577-1316

•Call any time to report critical injuries, fatalities or work refusals.

•Call 8:30 a.m. – 5:00 p.m., Monday – Friday, for general inquiries about workplace health and safety.

•In an emergency, always call 911.


Ministry of Labour WebsiteMinistry of Labour Website

The MOL website is the source for the latest news on:

• Blitzes

• Sector plans

• Hazard alerts

• Compliance tools

• Interactive Web Tools

• Prosecution Activity

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Health and Safety AssociationsHealth and Safety Associations

Infrastructure Health & Safety Association (IHSA)

Serves: construction, electrical and utilities, aggregates, natural gas, ready-mix concrete and transportation.

Toll-free: 1-800-263-5024

http://www.ihsa.ca/ on Twitter @IHSAnews

Workers Health & Safety Centre (WHSC)

As Ontario’s designated health and safety training centre, the WHSC provides training for workers, their representatives and employers from every sector and region of the province.

Toll-free: 1-888-869-7950

http://www.whsc.on.ca/ on Twitter @OHS_Training

Occupational Health Clinics for Ontario Workers (OHCOW)

OHCOW provides comprehensive occupational health services - to workers concerned about work-related health conditions and to workers, unions and employers who need support to prevent these health conditions from developing. OHCOW services are free of charge.

Toll-free: 1-877-817-0336

http://www.ohcow.on.ca/

on Twitter @OHCOWclinics


What MOL Expects of YouWhat MOL Expects of You

• Effective Health and Safety Policies & Programs,

• Hazards that are identified and addressed,

• Compliance with the Act and Regulations,

• Management commitment to providing a safe workplace,

• Workers who are turned on to health & safety,

• A Safety Record at or better than average,

• Collaboration with other workplaces/organizations,

• Self-reliance in health and safety (IRS)


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