Ministry of Labour prosecutions
Workplaces and workplace parties that violate Ontario’s employment and workplace health and safety laws could face convictions, fines – or even jail time. Readers can visit the ministry’s website to read court bulletins on some of these convictions. In the past several weeks, some of the convictions include:
- Toronto Metal Fabrication Company Fined $50,000 After Worker Injured By Machine
- Toronto Crane Company Fined $95,000 After Worker Fatality
- Windsor Roofing Company Fined in Young Worker Fatality
- Toronto Company Fined $60,000 for Ignoring Orders to Address Safety Violations
- Thomson Construction Fined $50,000 After Worker Suffers Critical Injuries From Fall
Ontario is increasing the general minimum wage to $11.60 on October 1. This latest rate is the result of changes to legislation that was passed in 2014 to tie annual minimum wage increases to the province’s Consumer Price Index. Ontario recently introduced legislation that, if passed, would raise the general minimum wage to $14 per hour on January 1, 2018, and then to $15 an hour on January 1, 2019. Annual adjustments to the minimum wage based on the rate of inflation would resume in October 2019.
Read more at the MOL website HERE
I work at heights, What do I Need to Take?
At ICSS we offer both an MOL approved Working at Heights course and a fall protection course - so what's the difference and what do you need to be taking?
I Work in Construction...
I work in another workplace...
Redmond, WA – Genie Industries, a manufacturer of lifting and material handling equipment, on July 21 issued a safety recall for certain aerial lifts, stating that the platforms may drop because of premature wear of the upper wear pads.
The organization discovered that weld debris in the boom tubes could trigger early corrosion of the pads.
The potentially affected devices have the following serial numbers:
- SX15015H-101 to 161
- SX15016H-162 to 228
- SX150H-500 to 501
- SX18014-101 to 196
- SX18015-197 to 313
- SX18016-314 to 317
- SX18016H-318 to 360
- SX180H-600 TO 602
Users with these devices are directed to order a replacement wear pad kit through the Genie website. For SX150 models, the kit product number is 1280093GT. For SX180 models, the kit product number is 1280092GT.
JUNE MOL REPORT: The Ministry of Labour’s Provincial Co-ordinator reported the following to the
Provincial Labour-Management Committee: There were no fatalities in the construction industry in June
2017.Overall however, year to date fatalities total 7 compared to 5 last year. There were 22 critical injuries
in June 2017, comprised of 10 in single family residential, 1 in road building, 1 in commercial, 2 in
institutional, 4 in multi-residential and 1 in sewer and water main. The majority of the critical injuries
continue to be resultant from falls.
The Provincial Co-ordinator also provided some insights into the Ministry’s Supervisor Awareness and
Accountability blitz at the half way point. The blitz is designed to raise awareness of a supervisor’s
responsibility under the OHSA and to hold them accountable. Supervisors are their employers
representatives on construction projects and their responsibilities include occupational health and safety.
Employers should review and continue to invest in supervisors knowledge, training and experience in
relation to their work
ICSS has now partnered with Intuition First Aid to provide a variety of First Aid training options in the Kingston area.
Contact us for more info at firstname.lastname@example.org
Standard First Aid & CPR
Comprehensive two-day course offering first aid and cardiopulmonary resuscitation (CPR) skills for those who need training due to work requirements or who want more knowledge to respond to emergencies at home. Includes the latest first aid and CPR guidelines. Meets federal and a variety of provincial/territorial regulations for Standard First Aid and CPR. Exceeds competitors standards by including injury prevention content.
Emergency First Aid & CPR
One day course offering an overview of first aid and cardiopulmonary resuscitation (CPR) skills for the workplace or home. Includes the latest first aid and CPR guidelines. Meets OHS regulations for Basic First Aid. Exceeds competitors standards by including injury prevention content.
CPR & AED
Half day course offering an overview of cardiopulmonary resuscitation (CPR) skills for workplace or home. Includes the latest CPR guidelines and meets OHS regulations. Exceeds competitors standards by including injury prevention content.
Marine Basic First Aid
Two day course offering an overview of first aid and cardiopulmonary resuscitation (CPR) skills for the marine/fishing industry. Course meets the requirements of Transport Canada outlined in Transport Publication (TP) 13008. Designed for any person who wants to obtain a rating certificate, endorsement, or a Master or Chief Mate limited certification, and for those providing first aid on board a vessel engaged on a near-coastal voyage, class 2, or on a vessel on sheltered waters.
Blended delivery relies on a combination of in-class, face-to-face instruction with online instruction. Theory and information is conveyed to participants outside of the classroom through an online component, which allows for the in-class component to concentrate on skill development and application of theory. Great for employers that have limited time to spare.
Standard First Aid & CPR and CPR/ AED courses can be re-certified before the expiration date on current certification. Training must have been with Canadian Red Cross previously and a valid card is required as proof.
Ontario MOL clarifies interpretation of 'critical injury’
Considers amputation of more than 1 finger or toe critical injury.
Mar 21, 2017
The Ontario Occupational Health and Safety Act requires employers to report fatalities and “critical injuries” to the Ontario Ministry of Labour.
The Ministry of Labour has recently released clarification on its interpretation of “critical injury” — in particular, clauses 1(d) and (e) of the definition of “critical injury.” It is important to note that this is not an amendment to the definition of “critical injury"; rather, it is an update to the Ministry of Labour’s internal interpretation, which interpretation courts do not have to accept.
Section 1 of Ontario Regulation 834 under the OHSA defines “critical injury” as an injury of a serious nature that,
(a) places life in jeopardy,
(b) produces unconsciousness,
(c) results in substantial loss of blood,
(d) involves the fracture of a leg or arm but not a finger or toe,
(e) involves the amputation of a leg, arm, hand or foot but not a finger or toe,
(f) consists of burns to a major portion of the body, or
(g) causes the loss of sight in an eye.
Clause 1(d) states that a “critical injury” includes the fracture of a leg or arm but not a finger or toe. The Ministry of Labour has clarified that it interprets the fracture of a leg or an arm to include the fracture of a wrist, hand, ankle or foot.
In addition, while clause 1(d) excludes the fracture of a finger or a toe, the Ministry of Labour takes the position that the fracture of more than one finger or more than one toe does constitute a “critical injury” if it is an injury of a serious nature.
Clause 1(e) provides that a “critical injury” includes the amputation of a leg, arm, hand or foot but not a finger or toe.
While the amputation of a single finger or single toe does not constitute a critical injury, the Ministry of Labour interprets the amputation of more than one finger or more than one toe to constitute a “critical injury” if it is an injury of a serious nature.
Notwithstanding the fact that the Ministry of Labour’s interpretation of “critical injury” is just that — the ministry’s interpretation, not the law — employers should be aware of the ministry’s interpretation in order to avoid a failure-to-report charge under the OHSA.
Article Written by:
Chelsea Rasmussen is an associate at Denton’s’ Toronto office, practicing in employment and labour law.
Bill 132, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), includes several amendments to the Occupational Health and Safety Act to enhance employer responsibilities with respect to harassment that occurs in the workplace, including sexual harassment. These amendments came into effect September 8. The ministry has developed new resources to help workplaces comply with the new requirements.
Ontario will raise the general minimum wage from $11.25 to $11.40 on Oct. 1, 2016. Minimum wage rates for liquor servers, students under the age of 18, hunting and fishing guides, and homeworkers will also increase at the same time.
Amendments to the Occupational Health and Safety Act introduced by Ontario’s Sexual Violence and Harassment Legislation is an Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters, come into force on September 8, 2016.
The OHSA amendments expand the Act’s definition of “workplace harassment” to expressly include “workplace sexual harassment”. The amendments also impose additional obligations on employers with respect to their workplace harassment policies, programs and investigations.
With September 8th quickly approaching, the countdown to compliance is on and employers must take the following steps to ensure they meet the Act’s requirements:
- Review and revise existing workplace harassment policies and programs to ensure that they specifically contemplate “workplace sexual harassment”.
- Work in consultation with the joint health and safety committee or health and safety representative (if applicable) to develop and maintain a written workplace harassment program, which sets out:
- reporting measures and procedures for workers to report incidents of workplace harassment to their employer or supervisor and, in the event that the employer or supervisor is the alleged harasser, to a person other than the employer or supervisor;
- how incidents or complaints of workplace harassment will be investigated and dealt with;
- how information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless the disclosure is necessary for investigating, taking corrective action, or by law; and
- how a worker who has allegedly experienced workplace harassment and the alleged harasser (if s/he is a worker of the employer) will be informed of the results of the investigation and of corrective action that has been, or will be, taken.
- Establish internal timelines and practices to ensure that the written workplace harassment program is reviewed as often as necessary, but at least annually.
- Ensure that internal processes are developed and implemented to:
- conduct investigations into all incidents and complaints of workplace harassment; and
- inform the workers involved in the incident and/or complaint of the results of the investigation and of any corrective action that has been, or will be, taken as a result.
- Develop and maintain resources that provide workers with information and instruction on the contents of the workplace harassment policy and program.
In addition to the OHSA’s existing enforcement mechanisms, the amended Act grants inspectors the power to order an employer to have an impartial third party conduct a workplace harassment investigation, at the employer’s expense.
Notably, the OHSA amendments do not detail the circumstances in which an inspector can, or will, issue such an order.
The Ontario Government’s It’s Never Okay Action Plan, which led to the OHSA amendments, indicates that the Government intends to issue a new “Code of Practice” for employers, which will describe in more detail the steps that employers must take to comply with the OHSA amendments. The Code of Practice is expected to be released on or around the September 8th coming into force date and will hopefully provide more guidance on the implementation of the Act.
Reg 833 Extended to Construction Projects
Employers are required under Regulation 833 (Control of Exposure to Biological or Chemical Agents) to limit the exposure of workers to certain hazardous biological or chemical agents. Starting July 1, 2016, Regulation 833 will also apply to construction employers and their workers.