Retail

Sector summary

This sector is comprised of establishments primarily engaged in the retailing of merchandise, generally without transformation, and providing services related to the sale of merchandise. Examples are liquor, beer and wine stores, food stores, pet stores and pharmacy and drug stores.

Key hazards

The following list represents hazards to which workers are commonly exposed in the retail sector:

• slips, trips and falls
• activities that may lead to musculoskeletal disorders (MSDs)
• material handling hazards (such as workers being struck by objects, caught or crushed between objects)
• workplace violence and workplace harassment.

In general, hazards that are not covered by a regulation and hazards in workplaces not covered by a sector-specific regulation are addressed through the application of the general duty clause 25 (2)(h) of the Occupational health and safety Act (OHSA).

Workplace parties should refer to the narrative portion of the field visit report, if they have received one, for further information or contact their health and safety association for guidance.

Slips, trips and falls

Slips, trips and falls hazards include hazards that result in workers falling onto the same surface or falling from a height.

Injuries to workers can include fractures, lacerations and loss of consciousness. In extreme circumstances injuries caused from a fall can lead to permanent disability or death.

The Regulation for Industrial Establishments (Regulation 851) applies to industrial establishments (such as an office building, factory, arena, shop or office or any land, buildings and structures pertaining there to) and sets out a number of requirements for worker protection against slips, trips and falls, including but not limited to sections 11, 13, 14, 15, 73 and 85.

• Floors and other surfaces used by workers must be free of obstructions, hazards, accumulations of ice and snow and not have a slippery surface [section 11].
• Review fall protection equipment required when working from heights [section 85].
• Ensure that training is provided to a worker on the use of protective clothing and equipment (i.e. fall arrest equipment [section 79].
• In areas requiring ladder use, review compliance with section 73.
• Employers must provide information, instruction and supervision to protect workers from slips, trips and falls and acquaint workers with the hazards [OHSA clauses 25(2)(a) and 25(2)(d)].

Musculoskeletal disorders (MSDs)

Workplace pains and strains can be serious and disabling for workers, causing pain and suffering ranging from discomfort to severe disability.

MSD is not a medical diagnosis; it is an umbrella term for a group of injuries. Some of these injuries include: back pain, muscle strain, tendonitis, carpal tunnel syndrome (CTS), rotator cuff syndrome, tennis elbow and shoulder pain.

• Identify and assess job-related MSD risk factors (i.e. identify tasks and activities involving manual material handling, use of ladders, static or repetitive movements etc.).
• Review training on job-specific MSD risk factors.
• Assess controls to reduce worker exposure to MSDs.
• Contact your health and safety association for guidance in assessments and prevention of MSDs.

Material handling hazards: struck by objects, caught between or crushed by objects

Injuries associated with material handling can include workers being struck by objects, caught between objects and/or crushed by mechanical compression. Manual material handling may also lead to MSDs.

Regulation 851 sets out requirements for material handling in sections 45, 46, 47, 48, 49 and 50. Section 51 contains requirements regarding mechanical lifting devices.

• Review operations/processes involving the movement material and product from receiving areas to areas where they are stored or made available to consumers.
• Ensure that products and materials are stored safely and can be retrieived or moved by workers safely [section 45].
• Ensure that mechanical lifting devices are maintained in good condition, are operated by a competent person and are capable of handling loads [section 51].

Workplace violence and workplace harassment

The OHSA sets out requirements for workplace violence and harassment in sections 32.0.1 to 32.0.8.

• Ensure that appropriate workplace violence and harassment policies have been established in accordance with the OHSA [section 32.0.1].
• Conduct a workplace violence risk assessment or re-assessment [section 32.0.3].
• Ensure that workplace violence and workplace harassment programs are developed and maintained to implement the policies [sections 32.0.2 and 32.0.6].
• Ensure that workers have received information and instruction on the workplace violence and harassment policy and program [sections 32.0.5 and 32.0.7].
• Subject to some conditions, the employer must provide information to a worker related to the risk of workplace violence from a person with a history of violent behaviour [subsection 32.0.5(3)].
• Employers may wish to consider the use of the ministry’s Code of Practice to Address Workplace Harassment under the Occupational health and safety Act.

Further information regarding the requirements related to workplace violence can be found in the Ministry of Labour (MOL) guide Workplace violence and harassment: Understanding the law.

Additional information, including more information about new workplace harassment provisions, can be found on the MOL topic webpages for Workplace Violence and Workplace Harassment.

Trends

• Only critical injury events reported to the ministry are included here.
• These represent data that were reported to the ministry and may not represent what actually occurred at the workplace.
• The critical injury numbers represent critical injuries reported to the ministry and not necessarily critical injuries as defined by the Occupational health and safety Act.
• Non-workers who are critically injured may also be included in the ministry’s data.
• The Ministry of Labour tracks and reports fatalities at workplaces covered by the OHSA. This excludes death from natural causes, death of non-workers at a workplace, suicides, death as a result of a criminal act or traffic accident (unless the OHSA is also implicated) and death from occupational exposures that occurred many years ago.
• Data are subject to change because of inspectors’ updates to the database.

Most common orders issued under the OHSA

From April 1, 2016, to March 31, 2017, the most common orders issued by the Ministry of Labour under the OHSA were:

• An employer shall post, in the workplace, a copy of this act and any explanatory material prepared by the ministry, both in English and the majority language of the workplace, outlining the rights, responsibilities and duties of workers [clause 25(2)(i)].
• An employer shall ensure that, the equipment, materials and protective devices provided by the employer are maintained in good condition [clause 25(1)(b)].
• At a project or other workplace where no committee is required under section 9 and where the number of workers regularly exceeds five, the constructor or employer shall cause the workers to select at least one health and safety representative from among the workers who do not exercise managerial functions [subsection 8(1)].
• An employer shall take every precaution reasonable in the circumstances for the protection of a worker [clause 25(2)(h)].
• An employer shall prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy [clause 25(2)(j)].

Most common orders issued under the Industrial Regulations

From April 1, 2016, to March 31, 2017, the most common orders issued by the Ministry of Labour under Regulation 851 were:

• A floor or other surface used by any worker shall be kept free of obstructions, hazards, and accumulations of refuse, snow or ice, and not have any finish or protective material used on it that is likely to make the surface slippery [section 11].
• Machinery, equipment or material that may tip or fall and endanger any worker shall be secured against tipping or falling [section 46].
• Material, articles or things shall be transported, placed or stored so that the material, articles or things, will not tip, collapse or fall, and can be removed or withdrawn without endangering the safety of any worker [clause 45(b)].
• A lifting device shall, be thoroughly examined by a competent person to determine its capability of handling the maximum load as rated, prior to being used for the first time, and thereafter as often as necessary but not less frequently than recommended by the manufacturer and in any case, at least once a year, and a permanent record shall be kept, signed by the competent person doing the examination [clause 51(1)(b)].

Industrial regulations identified by section

Inspectors may issue orders in the retail sector under the following sections of the Regulation for Industrial Establishments where appropriate.

• Section 11 – safe work surfaces
• Sections 13 and 14 – guardrails
• Sections 24, 25, 26, 28 and 32 – guarding of equipment
• Section 45 – material handling and storage
• Section 49 – compressed gas cylinders
• Section 73 – portable ladder

Applicable regulations

• Critical Injury – Defined Regulation 834
• Noise Regulation O. Reg. 381/15
• Occupational Health and Safety Awareness and Training O. Reg. 297/13
• Regulation for Industrial Establishments Regulation 851
• Workplace Hazardous Materials Information System (WHMIS) Regulation 860

Regulation for Construction Projects

Employers should be aware that in situations where construction work is undertaken, the Construction Projects Regulation (O. Reg. 213/91) may apply.

Construction work can be described as new work, additions, alterations or maintenance and repairs. The Occupational health and safety Act defines construction as including erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project but does not include any work or undertaking underground in a mine.

General resources

Publications | Ministry of Labour

For information and Guides, Fact Sheets, Information Bulletins, Guidelines, Alerts, Engineering Data Sheets, Extracts, Reports, Consultations, Codes, and Standards.

Videos and photos | Ministry of Labour

To view Ministry of Labour videos and photos.

Health and Safety Partners

To learn about sector-assigned health and safety associations.

By the numbers: WSIB statistical report

To review Workplace safety and insurance board (WSIB) injury experience data.