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Opportunities: Occupational health and safety
Actions in progress
Create a clear guide to explain what portions of Workplace Hazardous Materials Information System (WHMIS) regulations are under provincial and federal control
Status: Action in progress
What we heard
Unlike their foreign counterparts, Ontario businesses shipping directly to Canadian users must comply with all WHMIS 2015 data sheet components. As well, Ontario suppliers cannot use Safety Data Sheets from other GHS countries in Canada without revisions, requiring businesses to modify PDFs. They must also provide information in French, even if customers do not need it.
Our plan
WHMIS is changing to adopt new international standards for classifying hazardous chemicals and providing information on labels and safety data sheets. Ontario is adopting new international standards for classifying hazardous chemicals and providing information on labels and safety data sheets. These new international standards are part of a global harmonized system. The transition to WHMIS 2015 is being phased in across Canada between February 2015 and December 2018, with guidance from Health Canada. Federal Hazardous Products Regulations require supplier and workplace safety data sheets to be available in English and French. The Ministry of Labour has also updated its guide to WHMIS, the Occupational Health and Safety Act and the WHMIS regulation (Regulation 860) to reflect the transition to WHMIS 2015.
Work with Occupational Health and Safety inspectors to ensure a clear and consistent inspection process that includes standardized training and a code of conduct for inspectors
Status: Action in progress
What we heard
The Occupational Health and Safety system is seen as ineffective, open to interpretation, and too focused on punishment. Training to encourage compliance is expensive and not presented in a way that encourages information retention.
Our plan
During inspections, the Ministry of Labour’s health and safety inspectors may provide workplace parties with compliance assistance, such as referring them to the relevant health and safety associations for information and training related to specific areas of occupational health and safety. Inspectors may also refer to relevant resources in the narrative of their field visit reports.
The Ministry of Labour strives for consistency among its inspectorate throughout the province. All health and safety inspectors take part in a nine-month program of classroom training and field experience when they are hired. Inspectors adhere to the Regulator’s Code of Practice, and follow a comprehensive manual of policies and procedures, which is part of their training.
The Ministry of Labour provides free resources to assist employers in complying with mandatory occupational health and safety awareness training for both workers and supervisors online. The website also offers a variety of compliance resources for workplace parties such as posters, guides, fact sheets, videos and hazard alerts.
Consider revising the education and enforcement techniques of the Control of Exposure to Biological or Chemical Agents regulation
Status: Action in progress
What we heard
Enforcement and compliance with the Control of Exposure to Biological or Chemical Agents Regulation is seen as insufficient and leaving workers at risk for personal harm, potentially due to a lack of cooperation between ministries and a lack of knowledge.
Our plan
In 2018/2019, the Ministry of Labour will review and update, as needed, awareness training and related resources.
The Ministry of Labour continues to promote measures to control worker exposure to toxic agents at Ontario workplaces. During field visits, Ministry of Labour inspectors provide information to workers on their right to refuse unsafe work and reminders that health and safety awareness training for workers and supervisors is required.
The ministry provides information and training resources on its website to provide compliance assistance and to reduce the burden on employers.
The Ministry of Labour enforces the Control of Exposure to Biological or Chemical Agents Regulation (Reg. 833 under the Occupational Health and Safety Act) and co-operates with other ministries on common issues.
A key concept to workplace health and safety in Ontario is the workplace’s internal responsibility system. All parties are encouraged to work together to identify and control hazards to prevent exposure to biological and chemical agents. Everyone in the workplace has a responsibility to prevent worker injuries, illness and deaths.
Continue to publicize the clarifications and associated rationale to Critical Injury regulations
Status: Action in progress
What we heard
The current definition of critical injury is seen as being too narrow by not including a single amputated finger or toe, which employees feel constitutes a critical injury.
Our plan
In January, 2017, the Ministry of Labour published a clarification to Regulation 834 under the Ontario Health and Safety Act (OHSA). This states the amputation of more than one finger or toe constitutes a critical injury if it is an injury of a serious nature.
Workplace parties and interested stakeholders can contact the Ministry of Labour’s Health and Safety Contact Centre toll-free at 1-877-202-0008 if they have questions about the definition of critical injury or to report an incident.
The OHSA and its regulations are regularly reviewed for consistency. The Ministry of Labour will assess how critical injury is defined when considering any future related amendments to the Act and its regulations, and will consult the public on any changes proposed in the future.
Communicate the upcoming regulatory renewal activities, and the role the Technical Standards and Safety Authority (TSSA) plays in setting testing requirements
Status: Action in progress
What we heard
The Operating Engineer regulation sets a high standard for obtaining higher classes of certification, creating shortages for required roles such as Class 2 Operating Engineers. The high standards are difficult because of:
- Unrealistic practical experience requirements (e.g., operation of steam-driven turbines is not always possible when steam is purchased from third parties) limiting the ability to pass a required class of Operating Engineer without gaining experience from another employer.
- Overly difficult testing requirements, which are too focused on memorization rather than competence and experience.
Having different classes of Operating (Stationary) Engineer for facilities where there is no steam generation equipment and more competency-focused examinations are seen as possible solutions.
Our plan
The TSSA will raise the concerns about the difficulty of the testing requirements at the next Interprovincial Power Engineering Curriculum Committee meeting.
The ministry andthe TSSA will inform the regulated sector in spring 2018 about the current Operating Engineers regulatory review, including plans to broaden the experience requirements and opportunities for stakeholders to participate.
The TSSA will also educate stakeholders about the Standardization of Power Engineer Examinations Committee model for operating engineer examination and testing by spring 2018.
Actions tracking
Review the Designated Substances regulation to determine if certain substances require the current level of regulation
Status: Action tracking
What we heard
The Designated Substances Regulation is no longer relevant due to changes in industry which have largely removed the use of these substances in ways that present health hazards.
Our plan
The Designated Substances Regulation (O. Reg. 490/09) under the Occupational Health and Safety Act was the subject of a public consultation in 2015. The consultation proposal was based on recommendations by occupational health experts at St. Michael’s Hospital. The recommendations are currently being finalized. If approved, the proposal would modernize the regulation based on the most current science.
Review regulations for mining safety to identify how to facilitate the adoption of new technology
Status: Actions tracking
What we heard
Mines should be required to track people underground using newer technological solutions.
Our plan
The Ministry of Labour completed a comprehensive review of mining health, safety and prevention issues in April 2015. It was led by the Chief Prevention Officer and an Advisory Panel with representatives from labour, management and health and safety system partners.
Regulation 854 under the Occupational Health and Safety Act has been recently amended to reflect many of the recommendations from the review. The amendments came into effect on July 1, 2016 and January 1, 2017.
Regular reviews and updates to Regulation 854 are part of a well-established process which relies on the expertise of labour and management representatives on the Mining Legislative Review Committee (MLRC) and its various subcommittees. The MLRC is currently considering potential amendments relating to requirements for ventilation, hoisting, and management of change processes, including consideration of new and emerging technologies and their impact.
The Ministry of Labour also develops guidelines and resources to help stakeholders comply with requirements, which are available online.
Conduct an evaluation of the Worker and Supervisor Occupational Health and Safety Training program
Status: Actions tracking
What we heard
The Worker and Supervisor health-training program’s test is seen as being too easy, not actually requiring the trainee to understand the course’s content to pass
Our plan
The Ministry of Labour funds research on the outcomes of mandatory awareness training requirements. Mandatory awareness training provides workers and supervisors with information about their rights and duties under the Occupational Health and Safety Act. The Institute for Work and Health is preparing a report for the ministry on the effectiveness of the mandatory awareness training requirements under the Awareness and Training regulation. The Ministry of Labour will review the final report when it is released and consider further steps.
Harmonize the new biological or chemical agent notification with the federal New Substances Notification Regulations requirements
Status: Actions tracking
What we heard
Existing regulations requiring companies to notify the Ministry of Labour of the intention to manufacture, distribute or supply a new biological or chemical agent are costly and duplicate a more clear and transparent federal requirement. The process for Section 34 of the Occupational Health and Safety Act in particular is not transparent, duplicates the federal Canadian Environmental Protection Act New Substances Notification Regulations, and is based on an out of date US Toxics Control Act 1979 - 1980 Inventory.
Our plan
The Ministry of Labour will determine whether there is duplication with the federal requirements (i.e., if they include both biological and chemical agents as contemplated by Section 34 of the Occupational Health and Safety Act (OHSA) and examine opportunities to harmonize the OHSA and regulation requirements with federal requirements where appropriate.
Review financial penalties imposed as a result of health and safety violations and explore alternative incentives for compliances
Status: Actions tracking
What we heard
The concept of imposing hefty fines on companies that have a health and safety breach is seen as outdated and negatively impacts the ability of the company to redeploy those funds into health and safety activities as a response to the breach.
Our plan
On December 14, 2017, a more effective fine framework entered into force to increase compliance with health and safety laws and keep workers safer on the job.
The purpose of financial penalties and other compliance approaches is to raise awareness of workplace hazards to prevent injuries and deaths. Recent research from the Institute for Work & Health indicates that specific deterrence in the form of fines and tickets for health and safety contraventions is effective.
In 2018, the Ministry of Labour intends to launch an accreditation framework and employer recognition program to recognize employers who implement Chief Prevention Officer (CPO) accredited occupational health and safety management systems (OHSMS) in their workplaces and meet additional criteria for employer recognition. The Ministry of Labour completed public consultations on draft OHSMS Accreditation Standard and to gather feedback on additional criteria for employer recognition that could form the basis of a voluntary program to encourage the use of these systems. The ministry is currently evaluating all stakeholder responses received for consideration in associated program material.
The Ministry of Labour takes enforcement action, as appropriate, in response to any violation of the Occupational Health and Safety Act and its regulations. Enforcement may range from the issuing of orders to the laying of charges.
Consider the review and alteration of first aid requirements for manufacturers
Status: Actions tracking
What we heard
Company requirements for first aid (e.g., a stainless steel wash basin) are seen as outdated and misaligned with current first aid requirements.
Our plan
The Ministry of Labour is currently reviewing Regulation 1101 – First Aid Requirements under the Workplace Safety and Insurance Act, 1997. The ministry will consult with the public on any proposed changes to the first aid regulation.
The ministry is also working with federal-provincial-territorial partners to explore the possibility of harmonizing workplace first aid requirements across Canada to reduce regulatory burden on interprovincial employers and workers.
Communicate the Technical Standards and Safety Authority’s (TSSA) new strategic plan to industry
Status: Actions tracking
What we heard
Inconsistent application of regulatory requirements across the chemical sector leads to regional variations in training and operator requirements for regulated equipment, and an uneven playing field for producers. Specific concerns include:
- Inconsistent application of safety standards requirements by safety inspectors arising from lack of clear policies and procedures.
- Poor inter-organization communication and incompatible advice across the different technical portfolios.
- Lack of clarity on how to discuss/resolve concerns over issues that span different TSSA regulatory functions.
Our plan
The TSSA will continue to communicate its strategic plan and ongoing updates with industry stakeholders through its industry advisory councils, its website and social media platforms.
The TSSA is responsible for administering and enforcing the regulations under the TSSA to help keep the people of Ontario safe. TSSA has developed a new five-year strategic plan to effectively reduce safety risks and provide value to consumers and businesses in Ontario. The plan is focused on service excellence and modernizing the regulatory framework.
As part of the five-year plan, the TSSA will be implementing various initiatives to support more consistent, efficient and supportive customer interactions. These include using regulated customer feedback to appropriately improve service delivery and safety outcomes and leveraging technology and service delivery innovations to enhance the TSSA’s value and effectiveness. Plans are in place to further refine the customer value survey methodology, which will provide better insights into the customers’ experiences and help improve relationships with industry stakeholders.
The TSSA will also work with the government to review and update, where possible, the regulations under the Technical Standards and Safety Act to maintain high levels of public safety while helping to reduce burden on business.
Work with the TSSA to communicate the review of the Operating Engineers regulatory renewal project
Status: Actions tracking
What we heard
Standards surrounding operating engineers and the classification of plants are seen by industry as outdated and a burden to expansion. Specifically, companies wishing to acquire an additional boiler for redundancy purposes only are restricted from doing so since the additional capacity would move the equipment into a different class. This inhibits businesses from investing in back-up capacity in their facilities.
Seemingly outdated rating of refrigeration plants in the Operating Engineers Regulation forces businesses wishing to replace older technology to restrict their choices to smaller sized units in order to avoid employing licensed Refrigeration Operators for year-round on-site support.
Our plan
The Ministry of Government and Consumer Services and the Technical Standards and Safety Authority (TSSA) will inform industry stakeholders in 2018 about the Operating Engineers regulatory review.
As part of the regulatory review, under the Technical Standards and Safety Act, the ministry is considering adopting a risk-based approach to the regulation. This approach would shift business requirements to be informed by the risk of the plant rather than more prescriptive requirements (e.g., the number of boilers or plant ratings). The TSSA will also identify opportunities for stakeholders to participate and provide input before any update to the plant categorization process is finalized and implemented.
Moving to a risk-based approach supports public safety, modern business practices and innovation by encouraging businesses to adopt technology and/or approaches that lower the safety risk of their plant. The risk-based approach also aligns with the TSSA’s new five-year strategic plan to effectively reduce safety risks and modernize the regulatory framework.
Working with the geothermal industry to create role clarity and review industry practices to understand where policy decisions duplicate or impose unnecessary burden
Status: Actions tracking
What we heard
There is a lack of role clarity regarding the qualification of different trades (technician, designer, driller and engineering technician) for work regarding the creation and installation of geothermal systems and how these can be aligned with industry-developed standards.
Provincial and federal standards imposed on top of industry-developed standards appear to provide additional barriers to an internationally recognized program which has been proven to be adaptable in other jurisdictions, and impose additional burdens to business without clear benefits.
Our plan
The Ontario College of Trades welcomes submissions from geothermal industry stakeholders in order to better determine the precise nature of the opportunity and the most appropriate actions to further address it.
Once the College has a better understanding of the geothermal industry’s concerns, including more precise information relating to the nature and location of the work, it will be able to provide analysis of the current scopes of practice to advise which trade(s) are permitted to perform the work involved in specific scenarios.
No action recommended
Review policies related to shallow drilling with specific focus on requirements for qualified drillers
Status: No action recommended
What we heard
Rather than adjusting the industry-led national quality program, post-2012 requirements for geothermal shallow drillings are seen as being overly burdensome and radically shrinking the number of qualified drillers without any identified new benefits.
Our plan
Ontario supports the use of geothermal heating to support the reduction of greenhouse gas emissions from homes and buildings as part of Ontario’s Climate Change Action Plan.
The Ministry of the Environment and Climate Change has rules in place to ensure safety during the drilling, installation, and use of geothermal technology to protect the environment and human health. The ministry is not considering changes to its oversight of geothermal systems at this time.
The Environmental Protection Act requires installers of all vertical, closed-loopgeothermal systems to obtain an Environmental Compliance Approval prior to installation or alteration of a system.
The ministry, working with the Ontario College of Trades, outlined the certifications and licences that individuals must hold if they wish to work on various geothermal systems in its Earth Energy Systems in Ontario Technical Bulletin.
Work with industry to determine if protections for hearing are seen as sufficient
Status: No action recommended
What we heard
There is a perception that employee safety precautions (e.g., ear muffs or sound guards on devices) may not be effective and, as such, businesses should test employees' hearing to ensure preventative measures are effective.
Our plan
Workplace noise is a key priority in Ontario’s Occupational Disease Action Plan (ODAP). The ODAP raises awareness of occupational disease and seeks opportunities to prevent noise-induced hearing loss. The ODAP is an initiative of the Ministry of Labour’s Prevention Office.
Ontario’s Noise Regulation under the Occupational Health and Safety Act, which came into force in 2016, protects workers from noise-induced hearing loss.
Employers must use all protective measures reasonably necessary in the circumstances to protect workers from exposure to hazardous sound levels. The measures include engineering controls, work practices, and hearing protection devices. Where hearing protection devices are used, the regulation outlines additional requirements around the selection of the device.
A guide to the Noise Regulation is available on the ministry’s website to help employers and other workplace parties comply with the regulation.
Consider if Ontario should continue the removal of non-friable asbestos, and if the rationale for removing it should be explained
Status: No action recommended
What we heard
The decision of the Ontario government to remove asbestos from its buildings, while in a non-friable state, was seen as being not grounded in science and resulting in large costs to taxpayers.
Our plan
The Occupational Health and Safety Act and its regulations, including O. Reg. 278/05 (Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations), do not require the removal of non-friable asbestos from buildings, including public ones. Infrastructure Ontario manages Ministry of Infrastructure buildings and ensures compliance with all asbestos management requirements in the Occupational Health and Safety Act through its asbestos management program. This program includes at a minimum an annual inspection of asbestos-containing materials and detailed instructions for ongoing in-place management.