1. www.safetyon.ca Surprise Visit! The Ministry of Labour (MOL) at Your Workplace! What Do YOU Do? ​ 1

2. www.safetyon.ca Zenobia Siddiqui, BASc, DOHS, CRSP SafetyON Environmental Inc. 2

3. www.safetyon.ca Let the Numbers Speak 2013-2014 73,000 Field visits33,000 Workplaces126 Orders 3 Source: Ministry of Labour Annual Report

4. www.safetyon.ca Let the Numbers Speak 2013-2014 4 Source: Ministry of Labour Annual Report

5. www.safetyon.ca What is Ministry of Labour (MOL) Occupational Health & Safety Employment Rights & Responsibilities Labour Relations 5

6. Mandate  The ministry's mandate is to set, communicate and enforce workplace standards while encouraging greater workplace self-reliance 6 www.safetyon.ca

7. Mandate 1.Prevention 2.Internal Responsibility System (IRS) 3.Enforcement 7 www.safetyon.ca

8. Prevention 8  Strategize to prevent workplace injuries and illnesses  Set standards for health and safety training e.g. fall protection & Joint Health and Safety Committee (JHSC)

9. www.safetyon.ca Prevention Health and Safety Awareness Training Guide to WHMIS Guide to the OHSA Posting Requirements 9 Resources

10. www.safetyon.ca Prevention 10

11. www.safetyon.ca Internal Responsibility System (IRS)  The IRS means that everyone in the workplace has a role to play in keeping workplaces safe and healthy. 11

12. www.safetyon.ca IRS 12 Employer Supervisor Worker JHSCExternal Parties

13. www.safetyon.ca Employer  The employer, typically represented by senior management, has the greatest responsibilities with respect to health and safety in the workplace and is responsible for taking every precaution reasonable in the circumstances for the protection of a worker. 13

14. www.safetyon.ca Employer  The employer is responsible for ensuring that the IRS is established, promoted, and that it functions successfully. A strong IRS is an important element of a strong health and safety culture in a workplace. A strong health and safety culture shows respect for the people in the workplace. 14

15. www.safetyon.ca Duties of employers 25. (1) An employer shall ensure that, (a)the equipment, materials and protective devices as prescribed are provided; (b)the measures and procedures prescribed are carried out in the workplace; 15

16. www.safetyon.ca Duties of employers 25. (2) Without limiting the strict duty imposed by subsection (1), an employer shall, (a)provide information, instruction and supervision to a worker to protect the health or safety of the worker; (h) take every precaution reasonable in the circumstances for the protection of a worker; 16

17. www.safetyon.ca Supervisors  Supervisors are responsible for making workers fully aware of the hazards that may be encountered on the job or in the workplace  Ensuring that they work safely, responding to any of the hazards brought to their attention,  Including taking every precaution reasonable in the circumstances for the protection of a worker. 17

18. www.safetyon.ca Duties of supervisor 27. (1) A supervisor shall ensure that a worker, (a) works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and (b) uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn. 18

19. www.safetyon.ca Duties of supervisor 27. (2) (a)advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware; (b)where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and (c)take every precaution reasonable in the circumstances for the protection of a worker. R.S.O. 1990, c. O.1, s. 27. 19

20. www.safetyon.ca Workers Worker responsibilities include: reporting hazards in the workplace; working safely and following safe work practices; using the required personal protective equipment for the job at hand; participating in health and safety programs established for the workplace. 20

21. www.safetyon.ca Duties of workers 28. (1) A worker shall, (a)work in compliance with the provisions of this Act and the regulations; (b) use or wear the equipment, protective devices or clothing that the worker’s employer requires to be used or worn; 21

22. www.safetyon.ca Duties of workers (c) report to his or her employer or supervisor the absence of or defect in any equipment or protective device of which the worker is aware and which may endanger himself, herself or another worker; and (d) report to his or her employer or supervisor any contravention of this Act or the regulations or the existence of any hazard of which he or she knows. 22

23. www.safetyon.ca Duties of workers (2) No worker shall, (c) engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct. 23

24. www.safetyon.ca Health and Safety Representatives/ Joint Health and Safety Committees  The health and safety representative, or the joint health and safety committee (JHSC) where applicable, contribute to workplace health and safety because of their involvement with health and safety issues, and by assessing the effectiveness of the IRS. 24

25. www.safetyon.ca Joint health and safety committee 9. (2) A joint health and safety committee is required, (a) at a workplace at which twenty or more workers are regularly employed 25

26. www.safetyon.ca Hazards 26

27. www.safetyon.ca Risk Assessment 27 Recognize Assess Control Evaluate

28. www.safetyon.ca Managing Hazard Hazard Engineering & Administrative Control PPE 28 Training & Documentation JHSC

29. www.safetyon.ca  Develop and enforce labour legislation 29 Enforcement

30. Occupational Health & Safety Act 30

31. Enforcement Industrial Establishment Construction Projects Mines and Mining Plants Health Care and Residential Facilities www.safetyon.ca Sector Specific Regulations 31

32. www.safetyon.ca Why MOL is visiting you?  Number and severity of injuries and associated costs  Compliance history  Hazards inherent to the work  New businesses  Size of businesses 32

33. www.safetyon.ca Why MOL is visiting you? www.safetyon.ca  Specific events or incidents (e.g., critical injuries or fatal injuries, or injuries due to violence)  Presence of new, young or other vulnerable workers.  Part of the blitz  A complaint  Random check 33

34. www.safetyon.ca What MOL inspector is looking for? 34 Inspectors look at everything from housekeeping and personal protective equipment to training and certification.

35. www.safetyon.ca What MOL inspector is looking for Documentation Review The inspector will check that all documentation required under the OHSA is in place: Policies  The employer’s written occupational health and safety policy  The workplace violence and harassment policy and the health and safety awareness poster. These must be displayed in an area accessible by all employees. 35

36. www.safetyon.ca What MOL inspector is looking for Records  Any other required documentation that shows workers have been provided information and instruction on tasks they are required to do may also be requested. Postings  The inspector may ask to see where the documents are posted and verify that a copy of the act and regulations is also displayed. 36

37. www.safetyon.ca What MOL inspector is looking for Blitz  Inspection blitz and initiatives on a specific health and safety issue, such as musculoskeletal disorders (MSDs), and ask how you’ve been working to improve ergonomics and safety in your workplace. Priority Hazards  The inspector will also pay special attention to the ministry’s strategic priority hazards: MSDs, falls, machine safety, and motor vehicle incidents. 37

38. www.safetyon.ca What are some of the powers of an inspector?  Enter Any workplace without a warrant or notice [clause 54(1)(a)]  Question Any person, either privately or in the presence of someone else, who may be connected to an inspection, examination or test [clause 54(1)(h)] 38

39. www.safetyon.ca What are some of the powers of an inspector? 39  Sample Handle, use or test any equipment, machinery, material or agent in the workplace and take away any samples [clauses 54(1)(b) and (e)]  Training Material Look at and copy any material concerning a worker training program or be able to attend the training programs [clause 54(1)(p)]

40. www.safetyon.ca What are some of the powers of an inspector?  JHSC Direct a joint health and safety committee member representing workers, or a health and safety representative, to inspect the workplace at specified intervals [section 55]  Test Require the employer, at his or her expense, to have an expert test and provide a report on any equipment, machinery, materials, agents, etc. [clause 54(1)(f)] 40

41. www.safetyon.ca What are some of the powers of an inspector?  Operate a machinery Require that any equipment, machinery or process be operated or set in motion or that a system or procedure be carried out that may be relevant to an examination, inquiry or test [clause 54(1)(j)] 41

42. www.safetyon.ca What are some of the powers of an inspector?  Professional engineer to test Require the employer, at his or her expense, to have a professional engineer test any equipment or machinery and verify that it is not likely to endanger a worker [clause 54(1)(k)], and stop the use of anything, pending such testing [clause 54(1)(l)], and 42

43. www.safetyon.ca Who can accompany the inspector? The employer has a duty to afford a worker representative the opportunity to accompany the inspector during an inspection. This person may be a worker member of the joint health and safety committee, a health and safety representative, or another knowledgeable and experienced worker (selected by the union, if there is one) [subsection 54(3)]. The inspector may also be accompanied by a person with special, expert or professional knowledge. For example, an inspector may bring an engineer into a workplace to test machinery for purposes of operator safety [clause 54(1)(g)]. 43

44. www.safetyon.ca Who can accompany the inspector? The Act requires every person to assist an inspector in the exercise of his or her powers and duties and in the execution of a search warrant. It is an offence to interfere in any way with an inspector. This includes giving false information, failing to give required information or interfering with any monitoring equipment left in the workplace. 44

45. www.safetyon.ca Enforcement tools Where there is immediate risk of injury to a worker, a “stop work” order is issued to prevent work from continuing until compliance is achieved. Inspectors also can issue tickets under the Provincial Offences Act or initiate prosecution for non- compliance.Provincial Offences Act 45

46. www.safetyon.ca Compliance Orders Time Based Time Unknown Forthwith Stop Work Plan 46

47. www.safetyon.ca Notice of Compliance Along with any orders, the inspector will also provide a Notice of Compliance. This form is to be completed and signed by the employer and health and safety representative or a joint health and safety committee member. The worker representative must check a box beside the order to indicate agreement or disagreement that compliance has been achieved for the order(s). Once the Notice of Compliance form has been sent to the inspector, a copy of the field visit report must be posted in the workplace and a copy provided to the worker representative and joint health and safety committee. 47

48. www.safetyon.ca Offences and Penalties 48 The Ministry of Labour may prosecute any person for violating the Act or the regulations, or for failing to comply with an order of an inspector, a Director of the Ministry of Labour, or the Minister of Labour[section 66(1)]. In deciding whether or not to prosecute, the Ministry takes into account factors including, but not limited to, the seriousness of the offence and whether there have been repeated contraventions or ignored orders.

49. www.safetyon.ca Offences and Penalties If convicted of an offence under the Act, an individual can be fined up to $25,000 and/or imprisoned for up to 12 months. The maximum fine for a corporation convicted of an offence is $500,000. 49

50. www.safetyon.ca Gap Analysis 50 Gap AnalysisProgramObservationGapsComplianceDue Diligence Legislation WHMIS Reg 860 6. (1)6. (1) An employer shall ensure that a worker who works with or in proximity to a controlled product received from a supplier is informed about all hazard information the employer receives from the supplier concerning the controlled product and all further hazard information of which the employer is or ought to be aware concerning its use, storage and handling. WHMISSome workers were missing training records. Training program is not maintained Ensure training is provided and training records are maintained Job shadowing Training in predominant language if required

51. www.safetyon.ca Action Plan 51 ACTION PLAN Legislation: Hazard/Non ComplianceProgramDocumentationTrainingInspection Posting requirements Chemical SafetyWHMISProcedure In- class/Online TasksTimelines Review WHMIS procedure as per new GHS requirement Have JHSC members review Task Owner(s) Status In Progress or Complete Sustainability Plan

52. www.safetyon.ca Questions 52