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Enforcement initiatives and blitzes
Tips on how to prepare for a Ministry of Labour blitz and initiative inspection
Before the inspector’s visit
- Check your accident experience in relation to the blitz/initiative topic.
- Review Occupational Health and Safety Act (OHSA) sections and regulations that may apply based on the blitz’s/initiative’s focus.
- Determine whether you are currently meeting or exceeding the minimum legal requirements in those areas.
- Consult with Ministry of Labour (MOL) Health and Safety Partners for specific information and services that may help you prepare.
- Review the ministry’s blitz-related material.
- Discuss compliance strategies with your Joint Health and Safety Committee or Health and Safety Representative.
During the visit
- Ensure all required documentation is available to the ministry inspector.
- Ensure supervisor and worker health and safety representative are available.
- Ensure the workplace parties co-operate with the ministry inspector.
The inspector will focus on:
- compliance with the OHSA and its regulations
- health and safety programs and policies related to the blitz topic, if applicable
- Internal responsibility system (IRS) training requirements and any deficiencies
- record of injuries, including blitz/initiative related issues/hazards
- workplace specific hazards related to the blitz/initiative.
Note: Inspectors can legally enter a project or workplace at any time without warrant or prior notice (OHSA, section 54(1)(a)). An inspector will identify himself/herself by means of ministry identification. No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or the performance of a duty under this act or the regulations or in the execution of a warrant issued under this act or the Provincial Offences Act with respect to a matter under this act or the regulations.
Overview of 2017-18 health care enforcement initiatives and blitz
During the 2017-18 fiscal year (April 1, 2017 – March 31, 2018), there will be three enforcement initiatives and one blitz for health care workplaces. The schedule for the initiatives and blitz is outlined below and more detail is provided on each of the initiatives and blitz in this section.
- 2014-17 Health Care Enforcement Initiative (April 1, 2017 – June 30, 2017): In 2014, the Ministry of Labour launched a health care enforcement initiative that focuses on the five most serious hazards in health care. This initiative will continue to promote a healthy and safe work environment through to June 30, 2017.
- 2017-18 Health Care Enforcement Initiative (September 1, 2017 – March 31, 2018): The Ministry of Labour will be launching a new seven-month health care enforcement initiative with a heightened focus on the following three priority health care settings: long-term care/retirement homes, primary care workplaces (family health teams and community health centres) and hospitals.
- 2017-18 Noise Hazards Provincial Enforcement Initiative (April 1, 2017 – March 31, 2018): The ministry will be conducting a one year provincial enforcement initiative on noise hazards in all workplaces across the province.
- Slips, Trips and Falls Blitz (October 2, 2017 – November 24, 2017): The Slips, Trips and Falls Blitz will take place in health care workplaces across the province for eight weeks.
Enforcement initiatives
Enforcement initiatives are part of the province’s Safe At Work Ontario compliance strategy.
They may be announced to sectors in advance although individual workplaces are not identified in advance.
Results from province-wide initiatives are posted on the ministry’s website. The initiatives are intended to raise awareness of workplace hazards and promote compliance with the Occupational Health and Safety Act and its regulations.
Inspectors’ findings may influence the frequency and level of future inspections of individual workplaces. Inspectors may also refer employers to health and safety associations for compliance assistance and training.
2014-2017 health care enforcement initiative
In 2014, the Ministry of Labour launched a health care enforcement initiative that focuses on the five most serious hazards in health care.
This initiative will continue to promote a healthy and safe work environment through to June 30, 2017.
The 2014-2017 health care enforcement initiative is based on:
- priorities outlined in the Healthy and Safe Ontario Workplaces Strategy
- stakeholder feedback
- system partner feedback (e.g., Health and Safety Associations)
- inspector field intelligence (e.g., inspectors, regional office staff)
- issues targeted during previous blitz and campaign initiatives
- quantitative data collected from the Workplace Safety and Insurance Board (WSIB) and enforcement activities.
The initiative includes an evaluation of the IRS and compliance with the Occupational Health and Safety Awareness and Training Regulation.
The health care sector experiences the second highest total number of lost time injuries in Ontario, according to WSIB data. As a result, the initiative addresses the five most serious hazards and contributors to lost-time injuries (LTIs) in health care, based on 2014 WSIB data
- musculoskeletal disorders (MSDs) – accounting for 38% of LTIs
- slips, trips and falls – accounting for 19% of LTIs
- exposures to hazardous biological, chemical and physical agents – accounting for 16% of LTIs
- workplace violence – accounting for 11% of LTIs
- contact with and struck-by-object injuries – accounting for 9% of LTIs.
As part of Safe At Work Ontario, ministry inspectors will focus on the IRS as well as the five sector-specific workplace hazards. These hazards and issues are in line with priorities of the ministry’s occupational health and safety system partners.
Please see the “Major hazards and key health and safety priorities” section in this sector plan for more information on the IRS, five most serious hazards, LTI contributing factors, and for resources.
Between 2014 and June 30, 2017, the ministry has been and is inspecting every acute care hospital in Ontario.
Employers have the prime responsibility for ensuring compliance with the OHSA and its regulations.
2017-2018 health care enforcement initiative
The Ministry of Labour will be launching a new seven-month health care enforcement initiative starting in September 2017 and ending March 31, 2018.
The 2017-2018 health care enforcement initiative is based on:
- priorities outlined in the Healthy and Safe Ontario Workplaces Strategy
- Workplace Violence Prevention in Health Care Leadership Table recommendations
- stakeholder feedback
- system partner feedback (e.g. Health and Safety Association)
- inspector field intelligence (e.g. inspectors, regional office staff)
- issues targeted during previous blitz and campaign initiatives
- quantitative data collected from the WSIB and enforcement activities.
The initiative will have three priority areas, which are outlined below:
- Long-term Care / Retirement Homes: ministry inspectors will focus on the IRS by inspecting for compliance with the duties specified within the OHSA as applied to two serious hazards, musculoskeletal disorders and exposure/infection control. The rationale for focusing on these hazards is based on 2015 WSIB data
footnote 2 and stakeholder feedback. - Primary Care (Family Health Teams and Community Health Centres): ministry inspectors will focus on IRS compliance, workplace violence and compliance with O. Reg. 474/07 – Needle Safety.
- Hospitals: ministry inspectors will focus on workplace violence prevention in hospitals, including but not limited to:
- risk assessments, including measures and procedures to control the risks identified in a risk assessment
- summoning immediate assistance when workplace violence occurs or is likely to occur
- providing information related to a risk of workplace violence from a person with a history of violent behaviour and
- including within the written notification of a workplace injury, the steps taken to prevent recurrence.
Ministry inspectors will support the recommendations and tools coming out of the Workplace Violence Prevention in Health Care Leadership Table.
Please see the Major Hazards and Key Health and Safety Priorities section in this sector plan for more information on the IRS, occupational health and safety hazards and resources.
Employers have the prime responsibility for ensuring compliance with the OHSA and its regulations.
2017-2018 noise hazards provincial enforcement initiative
The ministry will be conducting a one-year provincial enforcement initiative on noise hazards in all workplaces across the province. The initiative will take place between April 1, 2017 and March 31, 2018.
Noise is a serious health hazard. If worker exposure to noise from machinery, processes and equipment is not properly eliminated or controlled, over time it may cause permanent hearing loss, a leading cause of occupational disease in Ontario workplaces.
Exposure to high levels of noise in the workplace may also create physical and psychological stress, reduce productivity, interfere with communication and contribute to accidents and injuries by making it difficult to hear moving equipment, other workers and warning signals. Further, hearing loss can have a significant impact on quality of life for workers and their families.
In addition to the negative health effects for workers, noise-induced hearing loss is costly for Ontario’s health and safety system. According to the Workplace Safety and Insurance Board, between 2009 and 2014 the annual costs for noise-induced hearing loss claims for all sectors exceeded $50 million per year.
There is no cure for noise-induced hearing loss; however it can be prevented by eliminating or controlling noise exposures.
In 2017-18, inspectors will check on employer compliance with O. Reg. 381/15 – Noise under OHSA.
Employers have a duty to take all measures reasonably necessary in the circumstances to protect workers from exposure to hazardous sound levels.
The regulation requires that every employer shall ensure that no worker is exposed to a sound level greater than a time-weighted average exposure limit of 85 dBA (decibels measured on the A-weighting network of a sound-level meter) measured over an eight-hour work day.
Where it is practicable to do so, employers must post a clearly visible warning sign at every approach to an area in the workplace where the sound level regularly exceeds 85 dBA.
Employers must comply with this limit following the “hierarchy of controls” which emphasizes the use of engineering controls and work practices to protect workers and places restrictions on the use of hearing protection devices (HPDs) by workers.
When the prescribed exposure limit would be exceeded, employers are required to put in place protective measures to proactively reduce workers’ noise exposure. These measures include:
- engineering controls to reduce noise at the source or along the path of transmission
- work practices such as equipment maintenance (to keep it quieter) or scheduling to limit a worker’s exposure time
- personal protective equipment (PPE) in the form of hearing protection devices (HPDs), subject to the restrictions stated in the regulation.
Employers who provide workers with HPDs must provide them with adequate training and instruction on their care and use.
The training and instruction must address:
- limitations of the device(s)
- proper fit
- inspection and maintenance and if applicable
- cleaning and disinfection.
The regulation requires HPDs to be selected with regard to the:
- sound levels to which a worker is exposed
- attenuation or reduction in sound level provided by the HPD
- manufacturer’s information about its use and limitations.
The regulation also requires HPDs to be used and maintained in accordance with the manufacturer’s instructions.
Enforcement focus
Inspectors will focus on:
- sources of noise
- signage
- engineering controls
- personal protective equipment (hearing protection devices)
- the condition of hearing protection devices
- HPD worker training.
Resources/compliance support
Inspection blitzes
MOL inspectors are responsible for enforcing the OHSA and its regulations at workplaces across the province. As part of the Safe At Work Ontario strategy, they focus on specific industry sectors where there are high injury rates, a history of non-compliance and specific workplace hazards. They will also continue to verify overall compliance with the OHSA and its regulations. Inspectors are not limited to inspecting the issues identified in this document as Safe At Work Ontario areas of focus, and will take enforcement action as appropriate to the situation at each workplace inspected.
Note: Injury and illness trends: The program uses WSIB data to identify injury and illness trends. Trend analyses of the number of fatalities, critical injuries, LTIs, LTI rates and the costs associated with WSIB claims for each sector are used by the program to identify sectors for blitz initiatives. In addition to this information, inspectors also review the compliance history and known hazards inherent to the type of work to select which workplaces to visit.
Slips, trips and falls blitz
Slip, trips and falls accounted for 17% of all LTIs in the health care sector in 2015 (1,096 LTI claims)
The Slips, Trips and Falls Blitz will take place between October 2, 2017 and November 24, 2017 in health care workplaces across the province. Under the OHSA, all employers must:
- take every reasonable precaution in the circumstances to protect workers
- provide information and instruction and
- ensure workers properly use or wear the required equipment.
In 2017-2018, ministry inspectors will focus on maintenance of work surfaces, general housekeeping, safe ladder use, etc. in accordance with sections 33 through 41 of O. Reg. 67/93 - Health Care and Residential Facilities. The goal is to decrease the risk of slip, trip and fall injuries.
Major hazards and key health and safety priorities
In 2017-2018, ministry inspectors will continue to inspect for overall compliance with the OHSA and its regulations, such as the O. Reg. 67/93 - Health Care and Residential Facilities Regulation and the O. Reg. 474/07 - Needle Safety Regulation.
Compliance with OHSA clause 25(2)(a) requires workers to receive information, instruction and supervision regarding safe work practices and conditions.
Employers of workplaces covered by O. Reg. 67/93 must include:
- development, establishment and implementation of written measures and procedures for the health and safety of workers and
- provision of training and educational programs to workers that are relevant to their work.
Measures, procedures and training must be developed in consultation with the workplace’s JHSC or its HSR. Inspectors will also check that the workplace has addressed each of the major hazards and key issues identified in this sector plan.
As part of the inspection process, inspectors will also consider:
- information provided by workplace parties (e.g. workers, supervisors, JHSC/HSR)
- the workplace’s lost-time injury history (Notice of Accident and investigation of critical/fatal injuries and MOL notification)
- JHSC activities (e.g. meeting minutes, inspections, investigations, certification, etc.)
- “field intelligence” (information received by ministry inspectors at workplaces).
The duties of directors and officers of a corporation are key to creating safe workplaces and their duties are outlined in OHSA, section 32, which requires all directors and officers of corporations to take all reasonable care to ensure the corporation complies with the OHSA and its regulations and all orders or requirements issued by a MOL inspector, a MOL director or the Minister of Labour.
For more information on the specific duties of a director and officers of a corporation, see:
- OHSA, section 32
- the ministry’s Guide to the OHSA and
- Who is a Supervisor under the Occupational Health and Safety Act?
The Public Service Health and Safety Association (PSHSA) has an eLearning module for board members. By completing this eLearning module, board members will better understand their OHSA obligations and the penalties for non-compliance. Board members will also be introduced to the idea of health and safety as one of many critical organizational risks that must be managed and mitigated through formal oversight and demonstrated due diligence.
In addition to proactive inspections and consultations under the Safe At Work Ontario strategy, MOL inspectors and other specialized and professional staff also conduct reactive investigations.
Inspectors are not limited to the issues identified in this document as major hazards or key health and safety issues. They will take appropriate enforcement action according to conditions at individual workplaces.
The next section details the health and safety priorities that will be considered during the enforcement initiatives, as well as other major hazards found in the health care sector.
Footnotes
- footnote[1] Back to paragraph WSIB Enterprise Information Warehouse (EIW) Claim Cost Analysis Schema, June 2015 data snapshot, courtesy of Public Services Health and Safety Association (PSHSA)
- footnote[2] Back to paragraph Source: WSIB Enterprise Information Warehouse (EIW) Claim Cost Analysis Schema, June 2016 data snapshot, courtesy of Public Services Health and Safety Association (PSHSA)
- footnote[3] Back to paragraph WSIB Enterprise Information Warehouse (EIW) Claim Cost Analysis Schema, June 2016 data snapshot, courtesy of Public Services Health and Safety Association (PSHSA)