O. Reg. 751/20: OCCUPATIONAL HEALTH AND SAFETY AWARENESS AND TRAINING, Filed December 15, 2020 under Occupational Health and Safety Act, R.S.O. 1990, c. O.1

ontario regulation 751/20

made under the

Occupational Health and Safety Act

Made: December 11, 2020
Filed: December 15, 2020
Published on e-Laws: December 15, 2020
Printed in The Ontario Gazette: January 2, 2021

Amending O. Reg. 297/13

(OCCUPATIONAL HEALTH AND SAFETY AWARENESS AND TRAINING)

1. Sections 7 and 8 of Ontario Regulation 297/13 are revoked and the following substituted:

Required training programs

7. (1) An employer shall ensure that a worker who may use a method of fall protection listed in section 6 has successfully completed,

(a) a working at heights training program that meets the requirements set out in subsection (2) for which the validity period has not expired as described in section 8; or

(b) a training program on fall protection prescribed under section 139 of the Occupational Health and Safety Regulations, 2012 made under the Occupational Health and Safety Act (Newfoundland and Labrador) for which the validity period has not expired as described in section 8.

(2) The following requirements apply to a working at heights training program described in clause (1) (a):

1. It must be approved by the Chief Prevention Officer under subsection 7.1 (2) of the Act as meeting the working at heights training program standard that applied at the time of the training.

2. It must be provided by a training provider approved by the Chief Prevention Officer under subsection 7.2 (2) of the Act as meeting the working at heights training provider standard that applied at the time of the training.

(3) Subsection (1) does not apply if the worker,

(a) is performing work on a project at a workplace where,

(i) automobiles are manufactured or assembled,

(ii) automobile marshalling is conducted,

(iii) automobile parts manufacturing is conducted,

(iv) automobile parts warehousing occurs, or

(v) automobile research and development is conducted; and

(b) is directly employed by an employer that manufactures or assembles automobiles and that owns and operates the workplace described in clause (a).

(4) In subsection (3),

“automobile” includes a van or truck with a gross vehicle weight rating of 14,000 pounds (6,350 kilograms) or less; (“automobile”)

“automobile marshalling” means receiving assembled automobiles from the location where they are manufactured or assembled, storing the automobiles before delivery to purchasers or persons who sell to purchasers, organizing them for delivery and arranging for delivery; (“triage d’automobiles”)

“automobile parts manufacturing” means,

(a) producing automobile parts that are supplied directly to an automobile manufacturing or assembling factory or an automobile parts warehouse, and

(b) producing elements of automobile parts where those elements are supplied directly to an automobile manufacturing or assembling factory; (“fabrication de pièces automobiles”)

“automobile parts warehousing” means receiving automobile parts or accessories, storing them, organizing them for delivery and delivering them or arranging for delivery; (“entreposage de pièces automobiles”)

“automobile research and development” means research, development, design, engineering or testing related to automobile or automobile parts manufacturing or assembly. (“recherche et développement automobile”)

Training — period of validity

8. (1) The working at heights training described in clause 7 (1) (a) is valid for three years from the date of successful completion of the training program.

(2) Despite subsection (1), any working at heights training described in clause 7 (1) (a) that was successfully completed between February 28, 2017 and August 31, 2017 is valid for four years from the date of successful completion of the training program.

(3) The training program on fall protection described in clause 7 (1) (b) is valid until the date indicated on the proof of successful completion issued to the worker by the Workplace Health, Safety and Compensation Commission under the Occupational Health and Safety Regulations, 2012 made under the Occupational Health and Safety Act (Newfoundland and Labrador).

2. Section 9 of the Regulation is amended by striking out “working at heights”.

3. (1) Subsection 10 (1) of the Regulation is amended by striking out “working at heights”.

(2) Subsection 10 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) The training record for working at heights training described in clause 7 (1) (a) shall include the following information:

. . . . .

(3) Subsection 10 (3) of the Regulation is revoked and the following substituted:

(3) A copy of a worker’s proof of successful completion of a working at heights training program described in clause 7 (1) (a), issued by the Chief Prevention Officer, is a training record for the purposes of subsection (1).

(3.1) A copy of a worker’s proof of successful completion of a training program on fall protection described in clause 7 (1) (b) that is issued by the Workplace Health, Safety and Compensation Commission under the Occupational Health and Safety Regulations, 2012 made under the Occupational Health and Safety Act (Newfoundland and Labrador) is a training record for the purposes of subsection (1).

4. Section 11 of the Regulation is revoked.

Commencement

5. This Regulation comes into force on the later of January 1, 2021 and the day it is filed.