Ministry of Labour OEL Durham Chapter MOL - Construction Program

Ministry of Labour 2 Disclaimer This presentation has been prepared to assist the workplace parties in understanding their obligations under the Occupational Health and Safety Act (OHSA) and the regulations. This document does not constitute legal advice. To determine your rights and responsibilities under OHSA, please contact your legal counsel or refer to the legislation.

Ministry of Labour 3 Mission Statement

Ministry of Labour 4 Occupational Health and Safety Act The Occupational Health and Safety Act (OHSA) and its regulations are Ontario's primary legislation for workplace health and safety. MOL also has a prevention mandate through the Office of the Chief Prevention Officer.

Ministry of Labour 5 Purpose of the OHSA The main purpose of the Act is to protect workers from health and safety hazards on the job. It sets out duties for all workplace parties and rights for workers. It establishes procedures for dealing with workplace hazards and provides for enforcement of the law where compliance has not been achieved voluntarily. Fundamental to the successful working of OHSA is the workplace Internal Responsibility System (IRS).

Ministry of Labour 6 Internal Responsibility System The Internal Responsibility System is the underlying philosophy in the OHSA. Every individual, worker, supervisor, manager, senior executive, etc. is responsible for health and safety and has specific roles to maintain a safe and healthy workplace as well as improve unsafe working conditions where necessary.

Ministry of Labour 7 Internal Responsibility System The Internal Responsibility System does the following: Establishes responsibility sharing systems; Promotes a safety culture; Promotes best practices; Helps develop self reliance; and, Ensures compliance.

Ministry of Labour 8 Who Is Covered by the Act ? Almost every worker, supervisor, employer and workplace in Ontario is covered by the Act Workplace owners, constructors and suppliers of equipment or materials to workplaces are covered What is not covered ? work done by the owner or occupant, or a servant, in a private residence or on the connected land (section 3 (1)); and workplaces under federal (Government of Canada) jurisdiction, such as banks, post offices, airlines, interprovincial trucking operations

Ministry of Labour 9 Duties of Constructors - Section 23 Ensure all measures and procedures prescribed by the Act and Regulations are followed on a project by all employers and workers. Ensure all contractors, sub-contractors, employers and workers on the project comply with the Act and Regulations. Ensure the health and safety of ALL workers on the project is protected. Give notice to Ministry of Labour re: project commencement, on line through the e-NOP service. Ensure Registration Form is completed by each employer Provide notice to subcontractors re: designated substances. (Plus all duties of employers)

Ministry of Labour 10 Duties of Employers - Section 25 & 26 Ensure all prescribed equipment, material and protective equipment are provided Ensure above items maintained in good condition and used as prescribed Ensure all prescribed measures and procedures are followed Inform, instruct and supervise workers to protect health and safety Appoint competent supervisors Acquaint workers/supervisors with hazards Assist and co-operate with health and safety representatives Not employ anyone under age (construction-no person younger than 16 shall be employed or present on a project) Take every precaution reasonable for the health and safety of workers Post copy of Act and Regulations Prepare a written OHS policy and review annually

Ministry of Labour 11 Duties of Supervisors - Section 27 Ensure all workers comply with the Act and Regulations Ensure all workers follow company safety policy Ensure all workers use or wear the equipment, protective devices Advise workers of potential or actual danger Provide workers with written instructions (where prescribed) Take every precaution reasonable to protect worker’s health & safety

Ministry of Labour 12 Duties of Workers - Section 28 Work in compliance with the Act and Regulations Use or wear the equipment, protective devices or clothing that employer requires to be used or worn Work in a safe manner Notify supervisor and employer of hazards or contravention of the Act or Regulations Not use equipment, devices in manner that endangers themselves or other workers Not engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct Follow corporate safety policy

Ministry of Labour 13 Rights of Workers Right to a healthy and safe work place Right to participate Right to know Right to refuse unsafe work

Ministry of Labour 14 Definition of Worker The definition of worker under the Occupational Health and SafetyActOccupational Health and SafetyAct (OHSA) expands coverage to unpaid co-op students, certain other learners and trainees participating in a work placement in Ontario. Specifically, the new definition of worker now includes: Unpaid secondary school students who are participating in a work experience program, authorized by the school board that operates the school in which the students are enrolled, Other unpaid learners participating in a program approved by a post-secondary institution, and, Any unpaid trainees who are not employees for the purposes of the Employment Standards Act, 2000 (ESA) because they meet certain conditions. Employment Standards Act, 2000 A Volunteer is not defined as a worker.

Ministry of Labour 15 Reprisals under Section 50 of the OHSA Employer’s can not reprisal against a worker for obeying the law or exercising their rights. dismiss (or threaten to dismiss) a worker; discipline or suspend a worker (or threaten to do so); impose (or threaten to impose) any penalty upon a worker, or intimidate or coerce a worker..

Ministry of Labour 16 Workplace Violence and Harassment Every employer in Ontario must prepare and review, at least annually, a policy on workplace violence, as required by the OHSA [Section (1)(a) and (c)]. Employers must prepare and review a policy on workplace harassment at least annually, as required by the OHSA [Section (b) and (c)]. The policy is required regardless of the size of the workplace or the number of workers.

Ministry of Labour 17 Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13) Basic OHS awareness training is mandatory for all Ontario workers and supervisors. The Ministry has produced materials to assist employers/worker/supervisors in complying with this regulation. Workbooks and accompanying employer guides for download entitled “Worker Health and Safety Awareness in 4 Steps”. Workbooks and accompanying employer guides for download entitled “Supervisor Health and Safety Awareness in 5 Steps”.

Ministry of Labour 18 Working at Heights (WAH) As of April 1, 2015 O. Reg. 213/91 and O. Reg. 297/13 (Occupational Health and Safety Awareness and Training) requires employers to ensure workers who are required under Reg. 213/91 to use fall protection systems successfully complete a WAH training program approved by the Chief Prevention Officer (CPO) from a CPO approved provider, and that the training is valid. Workers who would have been trained in compliance with section 26.2 of O. Reg. 213/91 prior to April 1, 2015 have until April 1, 2017 to complete a WAH training program by an approved provider. To be approved, a program must meet the WAH Training Program Standard established by the CPO; and a provider would have to meet the WAH Training Provider Standard established by the CPO.

Ministry of Labour 19 CPO issued Proof of Training Name of the worker Worker ID Name of approved training program Name of approved training provider Date of successful completion of the training

Ministry of Labour 20 Role of Ministry of Labour We administer and enforce Ontario’s Occupational Health and Safety Act (OHSA) R.S.O C. 0.1 and its various regulations. Safe At Work Ontario is our occupational health and safety compliance strategy, designed to: - Improve the health and safety culture of workplaces - Reduce workplace injuries and illnesses - Lessen the burden on the health care system - Avoid costs for employers and the WSIB - Provide a level playing field for compliant employers

Ministry of Labour 21 Enforcing the OHSA - Role of MOL Inspector Monitors compliance with legislation Conducts Inspections and Investigations Focus on specific industry sectors where there are high injury rates, history of non-compliance, & specific workplace hazards Will communicate and enforce the Act & Regulations by various means: - Orders [forthwith, time and stop work orders] - Prosecution - tickets, summons, Part 3 prosecution

Ministry of Labour 22 Enforcing the OHSA - Role of MOL Inspector Under OHSA, a Ministry of Labour Inspector can enter workplace without notification. Ministry of Labour inspectors visit workplaces to: Conduct proactive inspections to ensure employers are complying with the OHSA. Conduct reactive investigations due to workplace injury, fatality, complaint or work refusal. Ensure workplace parties are maintaining an effective IRS. Blitzes, Initiatives or Regional Initiatives

Ministry of Labour 23 Enforcing the OHSA - Role of MOL Inspector In addition, Ministry of Labour employs a team of specialists who may accompany an inspector during a workplace inspection or investigation to provide additional expertise. These professionals include: Engineers; Hygienists; Doctors; Ergonomists; and Radiation experts.

Ministry of Labour 24 Enforcing the OHSA – MOL Inspector Powers Inspectors have broad powers under section 54 of the OHSA. Inspectors’ Powers Include: Power of Entry Under clause 54(1)(a) of the OHSA, a Ministry of Labour inspector has the power to enter any workplace without a warrant or notice. By law, if an inspector shows up at your workplace, you are required to permit him or her entry to conduct a workplace inspection or investigation.

Ministry of Labour 25 Enforcing the OHSA – MOL Inspector Powers Obtain Information Once an inspector has begun a workplace inspection or investigation, by law, he or she is permitted to: Question any person [54(1)(h)] Handle, use or test any equipment, machinery, material or agent in the workplace and take away any samples [54(1)(b) and (e)] Look at any documents or records and take them from the workplace in order to make copies [54(1)(c) and (d)], and Be accompanied by an expert & photographs [54(1)(g)].

Ministry of Labour 26 Penalties for Non-Compliance The maximum penalties for a contravention of OHSA or its regulations are set out in Section 66 of the OHSA. A successful prosecution could, for each conviction, result in:  A fine of up to $25,000 for an individual person and/or up to 12 months imprisonment;  A fine of up to $500,000 for a corporation.

Ministry of Labour 27 OHS System Priorities For 2015/2016, the OHS System Priorities are: 1.Vulnerable workers 2.Small business 3.Highest hazards OHS System Priorities cross all programs and influence the focus of all inspections. Health and Safety Associations (HSAs) & MOL’s Prevention Office support MOL enforcement activities (so do the Occupational Health and Safety Branch [OHSB] and Policy) and provide information to workers and employers.

Ministry of Labour 28 Inspection Blitzes / Initiatives / Focus Part of the Safe At Work Ontario strategy is to focus on specific industry sectors where;- there are high injury rates, - history of non-compliance - specific workplace hazards Construction Health and Safety Program Blitzes for 2015/2016 ▫1 May – 30 June 2015 (2 months) – Struck By Hazards ▫1 July - 31 Aug 015 (2 months) – Trenching ▫1 October – 30 November 2015 (2 months) – Heavy Equipment Operation

Ministry of Labour 29 Inspection Blitzes / Initiatives / Focus Construction Health and Safety Program Initiatives for 2015/2016 ▫Apr 2015 to March 2016 – Supervisory Awareness of OHSA & Regulatory Duties ▫Apr 2015 to March 2016 – Worker Safety on Sloped Roofs ▫Apr 2015 to March 2016 – Worker Material Handling Practices & Ergonomic Risks/Controls Construction Health and Safety Program Focus for 2015/2016 ▫Apr 2015 to March 2016 – Vulnerable Workers ▫Apr 2015 to March 2016 – Small Business ▫Apr 2015 to March 2016 – High Hazard Area: Fall Hazards – Non Compliance

Ministry of Labour 30 We Are Here to Help Ministry of Labour Health & Safety Contact Centre Toll-free, Fax, Call any time to report critical injuries, fatalities or work refusals. Call 8:30 a.m. – 5:00 p.m., Monday – Friday, for general inquiries about workplace health and safety. In an emergency, always call 911.

Ministry of Labour 31 Ministry of Labour Website The MOL website is the source for the latest news on: Blitzes Sector plans Hazard alerts Compliance tools Interactive Web Tools Prosecution Activity 31

Ministry of Labour 32 Health and Safety Associations Infrastructure Health & Safety Association (IHSA) Serves: construction, electrical and utilities, aggregates, natural gas, ready-mix concrete and transportation. Toll-free: Workers Health & Safety Centre (WHSC) As Ontario’s designated health and safety training centre, the WHSC provides training for workers, their representatives and employers from every sector and region of the province. Toll-free: on Occupational Health Clinics for Ontario Workers (OHCOW) OHCOW provides comprehensive occupational health services - to workers concerned about work-related health conditions and to workers, unions and employers who need support to prevent these health conditions from developing. OHCOW services are free of charge. Toll-free: on

Ministry of Labour 33 What MOL Expects of You Effective Health and Safety Policies & Programs, Hazards that are identified and addressed, Compliance with the Act and Regulations, Management commitment to providing a safe workplace, Workers who are turned on to health & safety, A Safety Record at or better than average, Collaboration with other workplaces/organizations, Self-reliance in health and safety (IRS)

Ministry of Labour 34 ? ? QUESTIONS ? ?