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Opportunities: Health and safety
Actions in progress
Assess impact of workers’ compensation premium rebates on worker health
Status: Action in progress
What we heard
The impact of workplace injuries to an employer’s New Experimental Experience Rating (NEER) is seen to force employees back to work early.
Our plan
The Workplace Safety and Insurance Board will implement a recently approved new rate framework in 2019 that will simplify classification and rate setting processes, and eliminate the NEER and CAD-7 experience rating programs.
The new system will address the sensitivity of the existing programs, do away with rebates and surcharges that adjust employer premiums nearly two years later, and promote more sustained efforts in occupational health and safety to positively impact premium rates.
The new rate framework better reflects workplace risks compared to industry peers, providing an incentive for sustained efforts to reduce workplace injuries and safely return injured workers to work.
Provide a health and safety inspector feedback process
Status: Action in progress
What we heard
Electrical Safety Authority (ESA) inspectors provide poor customer service.
Our plan
The ESA has an existing complaints policy to address reports about inspectors. In October 2016, the ESA launched an enhanced internal complaints registry to better track, monitor and identify trends related to complaints. The ESA actively reviews its processes to improve customer service, while enforcing Ontario’s electrical safety requirements.
Actions tracking
Clarify terminology in the Occupational Health and Safety Act
Status: Action tracking
What we heard
Terminology in the Occupational Health and Safety Act (OHSA) is inconsistent between regulations (e.g., “small business” sizes). Also, the act does not provide definitions (e.g., what constitutes a “substantial” loss of blood) and omits certain injuries (e.g. amputated fingers).
Our plan
The OHSA and its regulations are regularly reviewed for consistency. Although the OHSA and its regulations do not define business sizes, the Ministry of Labour will identify ways to reduce inconsistency or misinterpretation. The ministry will assess how critical injury is defined when considering any future related amendments to its legislation and regulations and consult the public on any changes.
Businesses and workers 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.
Harmonize confined space regulations with industry best practices
Status: Action tracking
What we heard
Regulations that deal with confined spaces such as storage tanks, boilers or chimneys are not aligned with industry best practices.
Our plan
The Ministry of Labour encourages stakeholders to use standards such as NFPA 350 Guide for safe confined space entry and work and CSAZ1006-10 (R2015) Management of work in confined spaces as tools to improve health and safety in their workplaces. These standards complement but do not replace health and safety legislation.
The ministry will review relevant national and international standards the next time the Occupational Health and Safety Act regulation on confined spaces is reviewed.
Communicate workers’ compensation requirements and benefits
Status: Action tracking
What we heard
Businesses have questions regarding workers’ compensation coverage, including:
- the benefits of the Workplace Safety and Insurance Board’s (WSIB) coverage compared to personal or private insurance
- why self-employed individuals with no employees must have WSIB coverage
- why contractors who only work on one or two commercial projects each year must produce WSIB clearance. A pay-per-use scheme would give small contractors more flexibility.
Our plan
The WSIB is undergoing a website review, which will highlight the value of WSIB's coverage and better communicate the requirements and exemptions for coverage.
Most independent operators, sole proprietors, partners in a partnership, and executive officers are not required to have insurance coverage through the WSIB, but may apply for optional insurance.
The exception to this is in the construction sector, where most independent operators, sole proprietors, some partners, and some executive officers are required to have insurance coverage through the WSIB.
Finally, the WSIB allows contractors to register for a minimum coverage period of three months. This ensures that home renovation contractors who also take on short-term commercial construction projects have WSIB coverage.
Make it easier to identify workplace-related injuries
Status: Action tracking
What we heard
The process for determining whether an injury is workplace-related is difficult and requires back and forth appeals.
Our plan
Since implementing a new service delivery program, starting in 2008, the WSIB has significantly reduced the time required to decision. In 2015, over 92% of eligibility decisions were made within two weeks of registration, compared to 65% in 2008. In straightforward claims, many decisions are made within 1 day.
Work-relatedness decisions can be complex, and, as a result a small proportion require additional information, review, and, therefore, time.
Most decisions are also made without requiring an appeal with less than 2% of claims appealed in 2015.
Since modernizing the appeals process, 87% of appeals were resolved in 2015 within six months, compared to 43% in 2012.
A review of the WSIB's web site is currently under way. The WSIB will use this opportunity to ensure workplace parties have access to clear information about reporting requirements and the WSIB's processes for decision-making, reconsideration of decisions, and objections.
Standardize health and safety training and improve record-keeping
Status: Action tracking
What we heard
The employer is responsible for employee training under the Occupational Health and Safety Act.Training must be provided on-site, but not to all staff. There is no process to identify if a new employee has already taken health and safety training.
Our plan
The Ministry of Labour provides free resources to support the Mandatory Worker and Supervisors Awareness Training program. Anyone can deliver the program, on-site or off-site, including associations, third party trainers, or employers. The ministry will review its website in early fall 2017 to clarify messaging around training requirements.
The ministry maintains a database of learners who have successfully completed the Chief Prevention Officer-approved joint health and safety certification training and the working at heights training programs. These records can be accessed by the learner, workplace, or prospective employer as needed by calling the Ministry of Labour Contact Centre at 1-877-202-0008.
Simplify health and safety reporting for small businesses
Status: Action tracking
What we heard
Record keeping for small businesses with no safety incidents is a time consuming and costly process.
Our plan
In 2017, the Ministry of Labour will review its website and resource material to better communicate what records are required to be submitted to the ministry as opposed to records that a business may be required to keep showing compliance with the OHSA and its regulations if an inspection occurs.
WSIB reporting requirements are separate from Ministry of Labour requirements and are determined by the WSIB as an independent agency.
Improve health and safety inspections
Status: Action tracking
What we heard
Health and safety inspections are inconsistent and inefficient. The lack of coordination between inspection bodies means that businesses are disrupted more frequently, costing more time and money. Also, inspectors lack technical knowledge to conduct a proper inspection and don’t work collaboratively with businesses to reach compliance.
Finally, there appears to be no standard code of conduct for inspectors, who can then abuse their position of power.
Our plan
The Ministry of Labour (MOL) will continue to develop and post resource information related to the inspection process. By the end of 2017 the ministry will conduct a review of Part 8: Enforcement in the Guide to the Occupational Health and Safety Act to ensure accuracy.
In addition, the government’s Regulatory Centre of Excellence will work with ministries in 2017 to update the Regulator’s Code of Practice, which promotes a compliance-focused, risk-based approach to inspections that is fair and consistent.
Workplace visits by MOL occupational health and safety inspectors are typically unannounced, and by law, an inspector must be granted access to enter and access all areas of the workplace.
Improve communications for designated substances
Status: Action tracking
What we heard
Table 1: Exposure Limits and Schedule 1 of the Occupational Health and Safety Act’s designated substances regulation do not identify who must comply with these regulations.
Our plan
In 2017, the Ministry of Labour will provide communications to help businesses better understand this regulation. Table 1 and Schedule 1 must be read along with the rest of the regulation to determine who is affected and how.
No action recommended
Streamline training requirements under the Occupational Health and Safety Act and Workplace Hazardous Materials Information System
Status: No action recommended
What we heard
Training requirements are duplicated under the Occupational Health and Safety Act and the workplace hazardous materials information system (WHMIS).
Our plan
There is little duplication between the act and WHMIS. The training programs are intended to provide workers and supervisors with baseline health and safety knowledge as it relates to their roles and responsibilities. This baseline training is for all workers in Ontario.
The Ministry of Labour uses a risk-based approach to WHMIS training. It is intended to enhance training programs by providing workers that may be exposed to a hazardous product with greater tools and awareness.
Review hazardous materials reporting process
Status: No action recommended
What we heard
The Workplace Hazardous Materials Information Systems (WHMIS) should be updated to align with the new global harmonized system of classification and labelling of chemicals (GHS). Businesses also complained that they must update WHMIS every three years, even if there are no substantial changes or safety incidents to report.
Our plan
The Government of Ontario has adopted the GHS, which will replace Ontario’s workplace hazardous materials information system by December 1, 2018. The government established a three-year implementation period to ease the transition and reduce burdens for business.
Safety data sheets no longer have to be updated every three years. However, under the GHS, an employer must update data sheets that change as soon as possible, and no later than 90 days after the information becomes available to the employer.
Provide the workplace hazardous materials information system in multiple languages
Status: No action recommended
What we heard
Workplace Hazardous Materials Information Systems (WHMIS) documents are only available in English or French, and many employees do not understand them.
Our plan
Employers always have the option to provide employees with multilingual training materials. To require employers to translate WHMIS documents into multiple languages would increase employer costs and burden. The ministry will explore options to increase accessibility of WHMIS information.
Adopt a risk-based approach for joint health and safety committees
Status: No action recommended
What we heard
There is a lack of clarity surrounding the role of a Joint Health and Safety Committee (JHSC) in an office building or other low-risk settings.
Our plan
In March 2016, the JHSC certification training program and provider standard was changed to adopt a risk-based approach. Worker training now focuses on assessing and reducing at least six employer selected workplace hazards.