Bill 168 Is Now Law - Are You Prepared?

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

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

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

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

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

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

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.
  
  

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