James Ebidia - Proactive Health & Safety Solutions

Ontario MOL Proposes Changes to the Occupational Health & Safety Act

2011-03-04T21:16:00.011-05:00

In response to the Expert Panel recommendations led by Tony Dean, the Ontario MOL has introduced Bill 160 An Act to amend the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997 with respect to occupational health and safety and other matters.

Under the proposed Bill the MOL assumes responsibility for prevention. A new Chief Prevention Officer, reporting to the Minister of Labour on strategic priorities, would provide leadership on the prevention of workplace injury and occupational diseases.

The MOL would expand its involvement in workplace health and safety education and promotion. The Minister would also have oversight of the province’s Health and Safety Associations under the leadership of the chief prevention officer and could delegate that oversight to the chief prevention officer.

A new Prevention Council with representatives from the worker and employer communities, and health and safety experts, would provide valuable input into the direction the health and safety system and would be asked to endorse any significant changes to the system.

The Minister would have the authority to establish standards for health and safety training in order enhance this training and ensure workers are properly trained.

Workers, especially the most vulnerable workers, would have improved protections against reprisals for exercising their rights under the Occupational Health and Safety Act. The Bill would amend section 50 of the OHSA (Reprisals by Employer Prohibited) and empower inspectors to refer an alleged reprisal matter to the Board in certain circumstances.

Significant changes include:

empowering the Minister of Labour (the “Minister”) to establish standards for training programs and training providers, and collect information and maintain records of workers’ successful completion of approved training programs;
empowering the Minister to establish training and certification standards for members of joint health and safety committees;
requiring constructors or employers to provide health and safety representatives with training;enabling the co-chair of a joint health and safety committee to make written recommendations to a constructor or employer if the committee fails to reach consensus; and
authorizing a Director designated under section 6 to establish policies respecting the interpretation, administration and enforcement of the OHSA, and to require an inspector to follow such policies.

The Bill Passed First Reading on March 3, 2011

To download a pdf Copy of the Bill click here

Quebec Employer Found Guilty of Criminal Negligence

2011-02-11T21:29:00.003-05:00

In a Quebec Court decision, Mr. Pasquale Scrocca, a landscape contractor, was found guilty of criminal negligence causing death of one of his employees. While performing landscaping work at a commercial building, Mr. Scrocca was operating a backhoe, when the brakes of the vehicle failed and he collided into the employee. Experts confirmed that the vehicle was 30 years old, very poorly maintained and that the brakes were completely non-functional.

Ultimately, the Court concluded that, in neglecting to perform maintenance on the backhoe, Mr. Scrocca markedly departed from the standard of care expected of a prudent and diligent person. As such, Mr. Scrocca was found guilty under Section 219 of the Criminal Code (Canada), which provides that a person that shows wanton or reckless disregard for the lives or safety of another person in omitting to do anything that is his duty is criminally negligent. The Court also invoked Subsection 217.1 of the Criminal Code, which provides that everyone who undertakes or has the authority to direct how another person does work is under a legal duty to take reasonable steps to prevent bodily harm to that person. Section 217.1 of the Criminal Code was introduced in 2004 with the objective of ensuring the health and safety of employees in the workplace and imposing a legal obligation upon those people responsible for supervising work performed. This provision complements Section 51 of An Act Respecting Occupational Health and Safety (Quebec), which provides that every employer must take the necessary measures to protect the health and ensure the safety and physical well-being of its workers. Moreover, the Criminal Code provides that organizations may be held liable when acts or omissions by their representatives are clearly negligent.

The Court imposed a conditional sentence of imprisonment of two years less a day. The sentence will be served in the community with conditions, including a curfew

The Criminal Code provides that in the case of criminal negligence causing death, the maximum penalty for individuals is life in prison and there is no maximum fine for organizations.

This case serves as a reminder to employers and their senior officers and representatives of the significant liability that may be incurred as a result of breaches of occupational health and safety standards.

Texting While Walking - Workplace Hazard?

2011-01-24T18:05:00.007-05:00

Many of you may have heard about or seen the video of the lady walking in a mall while texting and she walked right into the mall fountain. Tripped over the edge of the fountain and fell in face first. Mall security apparently posted a copy of the security videio on youtube and it went viral.

So it got me thinking, since the whole issue of texting while driving, that walking and texting while at work for work related activity is not much different. There have been serious accidents and fatalities related to people walking into traffic and get struck by a vehicle as well as walking into other objects. If the person was an employee who had been issued the mobile phone by the employer for work purposes and was texting or responding to work related emails when the accident occurred - does this result in a "work related accident"? Is this a compensation claim? Is the employer legally liable?

For all employers out there, if the issue of employer vicarious liability holds true for driving while texting, why would it not apply to work related walking and texting?

Due diligence would dictate that an employer should establish strict documented rules for the use of company issued mobile phones. Those rules must be communicated to employees and enforced. The communication and enforcement must be well documented.

What do you think?

Ontario MOL - Consolidation of Accident Report Requirements under the OHSA

2011-01-19T22:13:00.002-05:00

The Ontario MOL is proposing to revoke the Report and Notice Requirements prescribed in the seven regulations and consolidating and harmonizing them in a single regulation.

There would be no substantive changes to the Report and Notice Requirements beyond those needed to harmonize the differences in the current requirements among the seven regulations.

If approved, the proposed consolidated regulation would come into effect on July 1, 2011.

Click here for Proposal Details.

Ontario MOL - Confined Spaces Consolidation Proposal

2011-01-19T21:59:00.002-05:00

The Ontario MOL has released a proposal to consolidate into one regulation under the Occupational Health and Safety Act (OHSA) all regulatory requirements that apply when work is to be done in or in relation to a confined space, which requirements are currently found in five different regulations.

These proposed changes will not significantly affect worker protections or employer obligations regarding confined spaces. Rather, consolidating all of these requirements into one regulation will increase accessibility and transparency of these provisions. The Ministry proposes that the amendments be implemented in 2011.

Click here for Proposal details.

Ontario Health and Safety Legislative Update

2011-01-06T11:33:00.004-05:00

As a service to my blog followers I will try to keep you updated on what is happening in the world of health and safety so here is a good start.

Health and Safety Professionals or those repsonsible for health and safety in their organizations should know that on November 5, 2010, the Ontario government filed a number of regulatory amendments under the Occupational Health and Safety Act, including:

• O. Reg. 419/10, amending Table 1 of Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents); and

• O. Reg. 420/10, amending Regulation 851 (Industrial Establishments).

The regulations are now in force. Your comments on the value of the blog posting and what you would like to know about are always appreciated.

A Health and Safety Resource for the Non Health & Safety Professional

2011-01-03T15:12:00.009-05:00

As we enter 2011 I was pondering on how to bring value to my blog, and it donned on me why not provide advice and information for the non health and safety professional. What I mean by that is those of you that are working in organizations that are responsible for managing the health and safety aspects of the organization but are not really experts or have the knowledge to really undertake that responsibility. Some examples would be all the human resources professionals in companies that don't have a health and safety person so they are given that role as part of HR, restaurant owners whose expertise is to run a restaurant not health and safety, small retail owners whose expertise is to run a store not health and safety, a senior manager like a VP or a controller for a small business whose expertise is to run the company or manage the finances not health and safety. Those are just some examples I have run into over my years in the health and safety profession. So why not dedicate a blog to help people in those types of organizations.

Deciding that is the easy part, but how to let people know it exists and has some value that is the more challenging part. So I will be working on getting the word out to everyone I know who may find this blog of value, and if you read this blog I would sure appreciate your help in letting your network of colleagues know about it. Most important of all I would like your feedback on what information you need and would find valuable in your work related to health and safety.

I will endeavour to continue to provide valuable information to help those in need manage health and safety withing their organizations. As always your feedback will be critical and of greatly appreciated.

Ontario OHS Expert Advisory Panel Report

2010-12-17T17:11:00.014-05:00

Well the long awaited report from the Expert Advisory Panel on Health and Safety, led by Tony Dean, released the results of its review of Ontario's Occupational Health and Safety System.

The panel consulted wide variety of stakeholders for their input about how to improve the prevention system. The panel has made significant recommendations for improving both the structure of the system and its work.

The recommendations include:

The establishment of a new prevention organization, housed in the Ministry of Labour, and an associated council of stakeholders. The health and safety associations would align with this new entity.

A strong emphasis on training, including mandatory awareness training for workers, supervisors, and health and safety representatives.

A special focus on high-risk work, vulnerable workers, and small business.

New efforts to combat the underground economy.

Tougher penalties for willful violators.

For a copy of the report click here

Ontario MOL Loading Dock Blitz: February 1st to 28th, 2011

2010-12-10T17:24:00.002-05:00

The next MOL Biltz will involve a province-wide loading dock inspection blitz. All industry sectors will be affected.

Loading docks and shipping areas have exposure to the four highest hazard priorities for Ontario's prevention system: contact with machinery, motor vehicle incidents, musculoskeletal disorders (MSDs), and slips, trips and falls."

Inspectors will be looking for

vehicles unsecured against accidental movement (O. Reg. 851, section 57)
an absence of signalers, or signalers who are not fulfilling their duties (O. Reg. 851, section 56)
pedestrian traffic hazards, with the movement of vehicles in and out, and other mobile equipment; this would include clearances, lighting, barriers, warning signs…
floor and ground surfaces, making sure there is no accumulation of garbage, no tripping hazards, ice, snow, uneven surfaces…
related hazards, such as falls, lifting devices and forklifts, conveyors, material handling from heights, hazardous chemicals, flammable and explosive substances, personal protective equipment, guarding, lockout...
items unsecured against tipping or falling (O. Reg. 851, section 46)
worker training related to hazards they are exposed to.

Are you in Compliance?

For assistance with reviewing and ensuring your dock safety standards and practices are in compliance with the law and keeping your employees safe, contact PHS Solutions at jebidia@phssolutions.ca or call 416-270-7689.

Ontario Ministry of Labour - One Number for Workplace Health & Safety Calls

2010-11-19T10:33:00.004-05:00

Ontario has launched a new toll-free number 1-877-202-0008 to report workplace health and safety incidents or unsafe work practices.

On Nov. 1, 2010, the Ministry of Labour launched a Health & Safety Contact Centre, which allows anyone, anywhere in Ontario to call one number to report a workplace health and safety incident, critical injury, fatality or work refusal.

For assistance with your health and safety needs call 416-270-7689 and visit www.phssolutions.ca

Ontario MOL Blitz on Lockout and Guarding of Conveyors

2010-11-04T20:21:00.002-04:00

Ontario Ministry of Labour inspectors will focus on lockout and guarding hazards involving conveyor systems from November 1 to December 31 2010 during stepped-up activity at industrial workplaces across Ontario.

Conveyor-related injuries occur less often than other types of injuries in industrial workplaces. However, the injuries that do occur tend to be more severe.

The most common activities in which injuries and deaths occurred involved cleaning a drum or other part of a conveyor, conveyor maintenance, regular activities such as sorting or packing near a conveyor and recovering a jammed item from an unguarded pinch point hazard.

Inspectors will take a “zero tolerance” approach to any contraventions found under the Occupational Health and Safety Act and its regulations.

Blitz Focus

Inspectors will focus on sectors in which conveyors are used. These will include:

Farming operations
Large bakeries
Food and beverage manufacturers
Waste recycling
Cement plants
Auto sector
Printing sector
Soil screening operations for landscaping
Saw mills
Chemical plants
Pharmaceutical plants
Automotive plants
Computer plants
Electronic plants

In particular, inspectors will target establishments:

Known to have conveyors
Known to have hazardous processes and equipment;
Where complaints have been received; and
Where there is a poor compliance history

Priorities

Inspectors will focus on the following key priorities:

Guarding: Inspectors will check for pinch points and other hazardous locations lacking guarding devices on conveyors. Guarding is typically required in locations such as power transmission interfaces, nip points, shear points (where a moving conveyor part meets or passes near a stationary point such as a wall) and spill points (where material could spill from a conveyor).
Locking and Blocking: When it is necessary to open or remove guards, workers must follow lockout procedures to prevent injury from the conveyor starting. Lockout procedures typically involve bringing the machine to a complete stop and disconnecting all its power sources. Blocking is an extra step that must be carried out to prevent the conveyor belt from moving under its own power due to tension on the belt.
Musculosketal Disorders (MSDs): Inspectors will check that workers are not exposed on an ongoing basis to things such as repetitive work, forceful exertions such as heavy lifting and carrying, awkward postures and vibrating equipment that can affect the bones, joints, ligaments and other soft tissues. These types of activities can result in MSDs, which are injuries and disorder of the muscles, tendons and nerves.

PHS Health & Safety Management System Software

2010-11-04T09:48:00.003-04:00

Proactive Health and Safety Solutions Inc. has just released another update to it's leading edge Health and Safety Management System Software application. The web-based application is designed to assist organizations in managing their health and safety needs in support of their efforts to prevent accidents, incidents, achieve legal compliance and due diligence. Please check out this latest update at www.safetysoftware.ca and give me a call at 416-270-7689 to arrange for a full demo of the software features and very affordable pricing.

Criminal Charges Laid in Toronto Scaffolding Collapse

2010-10-19T10:14:00.002-04:00

Well Ontario leads the way again on health and safety related criminal charges.

The owner of a Toronto construction company and two others charged in a deadly scaffolding collapse in Toronto last Christmas Eve have each been released on $10,000 bail.

Four migrant workers who were repairing concrete balconies at an apartment building died when they plummeted 13 storeys to the ground when their swing stage scaffolding broke.

A fifth suffered serious injuries but a sixth man, who had attached himself to a lifeline, was uninjured.

Joel Swartz, 51, of Toronto, owner of Metron Construction Corp., Vadim Kazenelson, 35, of Gormley, Ont., and Benny Saigh, 52, of Toronto, surrendered to police Wednesday morning.

The three men and Metron Construction Corp. each face four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm.

The maximum penalty for criminal negligence causing death is life in prison.

The next court appearance in the case is Nov. 3.

The case is "precedent setting,'' said lead Toronto police Det. Kevin Sedore in an interview.

"I think it's also going to be a wake-up call for supervisors and persons who are directing work and details,'' said Sedore, who called the deaths a preventable tragedy.

A publication ban was imposed on evidence presented at the bail hearing. None of the allegations has been proven in court.

Metron, along with Swing N Scaff of Ottawa, had previously been charged under the Occupational Health and Safety Act.

Following the construction deaths, inspectors from Ontario's Ministry of Labour conducted an enforcement blitz at hundreds of construction sites.

Ontario also launched a review into how to better protect workers after a string of deaths on construction sites across the province.

Stay tuned for more on this case as it evolves.

Health and Safety Management System Software

2010-10-06T19:35:00.003-04:00

Proactive Health and Safety (PHS) Solutions has developed a Health and Safety Management System Software Application to assist your organization to efficiently and effectively manage your Health and Safety needs. This affordable leading edge software has been designed with you in mind. The PHS Solutions Software provides a framework to support the management of the Health and Safety needs of your organization and is based on well recognized management system standards such as CSA OHSMS Z1000-06, and OHSAS 18001-07.

Following a management system approach for health and safety with the support of the software application will also assist your organization in meeting its legislative requirements and in establishing a high level of due diligence expected by health and safety legislation.

To view a demo of the software click here.

For more information on the software click here

Ontario MOL Ergonomics (MSD) Blitz

2010-09-03T15:52:00.008-04:00

Musculoskeletal disorders (MSDs) will be the focus of an upcoming enforcement blitz being conducted by Ontario's Ministry of Labour (MoL).

The blitz will run from September 15 to November 15 and will focus on industrial retail, construction (home building), mining (vehicles and stationary work stations) and health care (hospital) sectors.

"MSD" is a term used to cover a variety of musculoskeletal diagnoses. These include repetitive strain injury, cumulative trauma, back strain and tendonitis.

In retail inspectors will be keeping an eye out for manual materials handling, which means "lifting, pushing, pulling, carrying objects and, in particular, [working] at heights on ladders."

The retail blitz will also examine cashier work stations, cart use and unnecessary materials handling due to aisle obstructions particularly relevant in the back section of the large stores that have a huge volume of products being moved through them.

The home building aspect of the blitz will look at equipment maintenance and access to excavation sites, she reports.

The blitz will also examine access to mining vehicles. For mining, inspectors will be examining large vehicle access and whether the equipment has enough clearance for body parts. They will also make sure roadways in surface mines are well maintained, so workers "don't have a whole lot of whole-body vibration jarring them as they move along."

Finally, for health care will focus on patient lifting, transferring and repositioning, which are the most common musculoskeletal-type task that causes injuries in that sector. Inspectors will also review cart use among support staff, as well as repetitive work and postures among laboratory workers.

For assistance in setting up your Ergonomics Program and Training call PHS Solutions at 416-270-7689.

Bill 168 Is Now Law - Are You Prepared?

2010-06-14T16:33:00.003-04:00

Well the long awaited Bill 168 (now the amendments to Ontario's Occupational Health and Safety Act) can now be enforced by MOL Inspectors. Rest assured that as inspectors now doing their visits to employers will be asking about your Workplace Violence and Harassment Policy and Program.

In order to avoid getting compliance orders you should have the following:

A Workplace Violence and Harassment Policy (one document or combined is ok) posted in a conspicuous place at all you work locations
Developed and implemented a Workplace Violence and Harassment Program that contains all the requirements as noted in the legislation
Carried out risks assessments for workplace violence at each workplace and implement action plans to address the findings of the assessments
Shared the results of the work violence risk assessment with your Joint Health and Safety Committee/Safety Representative
Carried out training for managers on their role and responsibilities related to your program
Carried out training for employees on their role and responsibilities related to your program

If you need some advice contact me at jebidia@phssolutions.ca

Ontario MOL May Blitzes - Falls From Heights & Young Workers

2010-04-15T14:53:00.004-04:00

Ontario Ministry of Labour plans 2 enforcement blitzes in May involving falls from heights, and young workers.

For the falls from heights inspection blitz, inspectors will look for hazards involving platforms, raised floors, mezzanines and ladders, check fall-arrest equipment and guardrails, and watch for dangerous practices (e.g., working on storage racks) and improper use of ladders.

This is the same blitz that occurred in November 2009 where inspectors visited 1,572 workplaces and issued 4,611 orders, including 149 stop-work orders. Falls represent more than 17% of lost-time injury claims, based on Workplace Safety and Insurance Board statistics.

May through August, Ministry of Labour inspectors will also visit workplaces with a high likelihood of hiring young workers, who are at greater risk of injury than other workers.

The Workplace Safety and Insurance Board reports that an average of 42 young Ontario workers — aged 15 to 24 — are injured, made ill, or killed on the job every day. That's almost 2 young workers every hour of every day and every night, seven days a week. Between 2001 and 2008, 27 of these young workers were killed. The highest number of allowed lost-time claims occurs among young workers employed in occupations such as sales and service, transport/equipment operators, and labourers in processing, manufacturing and utilities.

For assistance with your health and safety program please visit PHS Solutions or call 416-270-7689.

MOL Releases a Guide to Workplace Violence & Harassment

2010-04-01T22:32:00.004-04:00

The Ontario Ministry of Labour has released a 50 page guide that explains what workers, supervisors, employers and constructors need to know about the workplace violence and harassment requirements in the Occupational Health and Safety Act. It describes everyone's rights and responsibilities and answers, in plain language, the questions that are most commonly asked about the requirements. Download a copy of from here

Canadian organizations at different stages in development of health and wellness programs

2010-03-15T20:42:00.003-04:00

OTTAWA, March 15 /CNW Telbec/ - A large majority of Canadian organizations surveyed by The Conference Board of Canada take the overall health of their employees into consideration in the design of their benefit programs. However, only about one-quarter of respondents feel that their organization has developed a comprehensive wellness strategy, and one-in-ten have not done so at all.
"During tough economic times, organizations face pressure to make cuts to programs viewed as non-essential. Often, workplace health and wellness initiatives are among the first to be cut. However, it is in these turbulent times, where stress is high and employee morale is a concern, that workplace health and wellness initiatives are needed most," said Karla Thorpe, Associate Director, Compensation and Industrial Relations.
"Canadian organizations are at different stages when it comes to workplace health and wellness. Some struggle with implementing health and wellness initiatives, while others have successfully integrated health and wellness into their overall corporate strategy and identity. The leading-edge organizations are also making issues such as mental health and presenteeism priorities in their health and wellness strategy."
This report, Beyond Benefits: Creating a Culture of Health and Wellness in Canadian Organizations, discusses the link between workplace health and wellness programs, employee health and greater organizational health and features case studies of Canadian organizations that have implemented innovative health and wellness practices. These include:
- BC Hydro, British Columbia
- Lighthouse Publishing, Nova Scotia
- Pfizer Canada, Quebec
- TELUS, British Columbia
- The City of Calgary, Alberta
- The Workplace Safety and Insurance Board of Ontario, Ontario
- UBC Okanagan, British Columbia
The report also includes tips to help employers that are looking to either develop or improve their workplace health and wellness strategies. For example, the report highlights how organizations can move forward by starting small-focusing on the fundamentals before expanding their programs.
This report is part of a series that contains data collected from The Conference Board of Canada's inaugural survey of 255 Canadian organizations' employer-sponsored benefit programs. Additional information on extended health-care plans, dental plans, life and accident plans, and paid time off can be found in the recently released report, Benefits Benchmarking 2009: Balancing Competitiveness and Costs. The third report in this series will focus on the subject of disability plans and casual absences, and will be released in spring 2010.

Canada Adopts ISO 31000 Risk Management Standard

2010-03-12T18:08:00.003-05:00

It will help organizations incorporate internationally recognized best practices for identifying and managing risks across financial, strategic, and operational areas," said Doug Morton, director of Life Sciences & Business Management for CSA Standards.

Canada has adopted the ISO 31000 Risk Management standard, CSA Standards announced Feb. 4, 2010. CAN/CSA ISO 31000 Risk Management. The Principles and Guidelines provide a framework and process for managing risk in any country or industry sector. It may be used by any public, private, or community organization, association, or individual. Following approval by the Standards Council of Canada, it is now a National Standard of Canada.

The Canadian adoption of the ISO 31000 Risk Management standard will enable Canadian organizations to compare their practices with an internationally recognized benchmark and providing them with a proecess for effective risk management."

The standard will help organizations evaluate risks, vulnerabilities, and opportunities as they implement and continuously improve a risk management framework within their organizations management systems. ISO 31000 can be integrated with ISO 14001 Environmental Management; Z1000 Occupational Health and Safety Management; OHSAS 18001 Occupational Health and Safety Management System Requirements; and Z1002 Occupational Health and Safety – Hazards and Risks – Identification, assessment, elimination and control, which is currently under development.

Health and Safety Criminal Charges Laid In Ontario

2010-02-25T22:11:00.004-05:00

Heenan and Blaikie Article of Interest to all Health and Safety Professionals

By Cheryl A. Edwards, Shane D. Todd and Jeremy Warning

In what should serve as a stark reminder for both employers and individuals, police in Ontario recently charged a corporate employer and two individuals with criminal negligence causing death after a fatal workplace accident at a construction project. These events demonstrate that, while criminal prosecutions for workplace accidents remain rare, the police will not hesitate to pursue criminal charges as they deem appropriate. This Management Update examines this most recent case of potential corporate criminal liability for a workplace accident, reviews the global trend towards the criminalization of workplace safety enforcement, and suggests several strategic measures to assist employers in avoiding or mitigating the consequences of criminal charges. See My Website News & Updates for Full Article

Ontario Workplace Violence and Harrassment Law

2010-02-19T22:26:00.005-05:00

BILL 168 IS NOW LAW

Ontario’s Occupational Health and Safety Act (OHSA) now requires employers to take actions related to Workplace Violence and Harassment. PHS Solutions can help you prepare.

On December 9, 2009, Bill 168, amended the Ontario Occupational Health and Safety Act (OHSA) to require worker protection from violence and harassment, and established new specific worker rights relating to violence. The amendments will be enforced by the Ministry of Labour Inspectors starting on June 15, 2010.

These amendments will strengthen protection for workers from workplace violence and address harassment at work, and will apply to all workplaces to which the Ontario Occupational Health and Safety Act currently applies.

The new protections will require employers to:

Develop and communicate workplace violence and harassment prevention policies and programs to workers

Assess the risks of workplace violence, and take reasonable precautions to protect workers from possible domestic violence in the workplace.

Allow workers to remove themselves from harmful situations if they have reason to believe that they are at risk of imminent danger due to workplace violence

Employers will need to understand:

the requirements under Bill 168

what constitutes workplace violence and workplace harassment

your obligations are under the new law

what is a “risk assessment” and how is it performed

the requirements to establish a policy and program that every employer must have in place

the steps to take now in order to be prepared before June 15, 2010

the risk for a non-compliance to the new legal requirements

Workplace Violence Defined

(a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker, this includes but is not limited to physical acts such as punching, hitting, kicking, pushing, damaging property or throwing objects.

(b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,

(c) a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. This may include behaviour such as bringing a weapon of any kind to a workplace or possessing a weapon of any kind while carrying out company business, or threatening to bring a weapon to a workplace.

Harassment Defined

engaging in the course of a vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. It includes any unwanted conduct that is known or ought reasonably to be known to be unwelcome. Harassment comprises any objectionable act, communication or display that is perceived to be insulting, frightening, embarrassing, offensive, humiliating, demeaning, or otherwise unwelcome, and that may have the effect of creating an intimidating, hostile or offensive work environment, interfering with an individual’s performance, negatively affecting an individual’s employment relationship, affecting the inherent personal dignity of the individual or their psychological or physical integrity.

Employers Will Need To Prepare Written Violence and Harassment Policies

Where more than five workers are regularly employed at a workplace, Ontario employers are required to prepare and post a workplace violence and harassment policy.

Employers Will Need To Prepare a Written Violence and Harassment Program

Employers are required to develop, implement and maintain a program to implement the workplace violence policy and the workplace harassment policy. The program should include measures and procedures for:

workers to report incidents of workplace violence and harassment
investigating and dealing with incidents or complaints of workplace violence andharassment

assessing the risks of workplace violence and implementing control measures

training and advising of workers respecting workplace violence and harassment
dealing with work refusals related to workplace violence

responding to information related to domestic violence

reporting workplace violence

Risk Assessment and Control Measures for Workplace Violence Prevention

Employers are required assess the risks of workplace violence that may arise from the nature of the workplace, the type of work, or the conditions of work. There is no specific requirement to asses for the risks of workplace harassment. The risk assessment for workplace violence must include circumstances that would be common to similar workplaces and circumstances specific to the workplace. Based on the results of the assessment the employer must implement appropriate controls to prevent and manage the risk for violence. The assessment must be repeated as often as necessary to ensure that the policy and program continue to protect workers from workplace violence.

The results of the assessment must be communicate to the joint health and safety committee, health and safety representative, or workers directly (if there is no committee or representative) and provide a copy of the assessment if in writing.

Training and Advising Workers

Employers must train workers in the contents of workplace violence and harassment policies and program. The duty of employers and supervisors to provide information and training under sections 25 and 27 of the OHSA require employers and supervisors to provide information, including personal information, related to risks of workplace violence (not harassment) from a person with a history of violent behaviour (for example a patient, customer or another worker) if the worker can be expected to encounter that person during the course of their work, and there is a risk of violence likely to expose the worker to physical injury. Disclosure of personal information is limited to that information reasonably necessary to protect the worker from physical injury.

Dealing with Work Refusals Related To Workplace Violence

Workers have the right to refuse work for conditions in the workplace that constitute “workplace violence” if “workplace violence is likely to endanger himself or herself”. There is mention in the OHSA to permit a worker to refuse work where they believe that workplace harassment is likely to endanger the worker. The worker is to remain in a safe place “that is as near as reasonably possible to his or her workstation and available to the employer or supervisor for the purposes of the investigation.” (this change will effect all work refusals)

Responding To Information Related To Domestic Violence

This provision relates to domestic violence. The employer is required to take every precaution reasonable in the circumstances for the protection of a worker if the employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace. Ontario is the only jurisdiction in Canada to have this provision. It will remain to be seen to what extent the reasonable precaution expectations will be applied.

Reporting Workplace Violence

The employers must prepare a notice under section 52 of the OHSA in the event that a worker is disabled from their regular duties, or requires medical attention, as a result of workplace violence. The employer shall, within four days of the occurrence, give written notice of the occurrence containing the prescribed information and particulars to the Joint Health and Safety Committee, the health and safety representative and the trade union, if any and the Ministry of Labour inspector if requested by an inspector.

For help with your program checkout PHS Solutions

Ontario MOL Forklift Blitz

2010-02-07T00:02:00.002-05:00

Ministry of Labour inspectors will visit industrial workplaces during increased enforcement in February 2010. They will ensure lifting equipment is being:

Inspected and maintained in good condition
Operated by well trained employees; and
Used in a safe work environment.

For help with your program checkout PHS Solutions

Ontario - Workplace Violence and Harassment Legislation

2010-02-04T23:31:00.001-05:00

This new legislation will come into affect on June 15, 2010. Is you organization prepared? Check out the PHS Solutions website for more detailed information.

Welcome To My Blog

2010-02-04T19:48:00.000-05:00

Welcome to my blog I look forward to sharing valuable information with you that will help keep your workplaces healthy and safe. Any comment you may have are always welcome.