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Ministry of Labour: Regulatory Updates

Industrial Establishments Regulation Amendments

The amendments to Regulation 851 - Industrial Establishments help modernize workplace health and safety requirements that apply to Ontario industrial establishments, including offices, factories, arenas, and shops.

They will increase flexibility by:

  • allowing the use of alternative procedures if worker health and safety is at least as well protected
  • allowing workers to wear personal flotation devices instead of lifejackets when appropriate
  • allowing the use of antidotes, flushing fluids or washes instead of eyewash fountains or emergency showers, where appropriate, to prevent permanent injury to the eyes or skin

For more information read the amending regulation, O. Reg. 186/19.

The amended regulation comes into effect: July 1, 2019

Occupational Health Regulatory Modernization Amendments

The amendments will streamline and modernize the occupational health regulatory scheme under the Occupational Health and Safety Act. This includes Regulation 833 – Control of Exposure to Biological or Chemical Agents and O. Reg. 490/09 – Designated Substances.

They will:

  • replace the 9 separate Medical Surveillance Codes with one single consolidated and updated Medical Surveillance Code (learn more about the new code)
  • replace the 16 separate Codes for Respiratory Equipment and Measuring Airborne Substances with new, updated, and consolidated respiratory protection and measuring provisions
  • permit businesses to use the “Quebec model” for calculating exposures to hazardous substances for irregular work shifts
  • add “substitution,” or substituting hazardous substances with those that are less hazardous, to the hierarchy of controls

For more information, read the amending regulations:

  • O. Reg. 189/19, which amends O. Reg. 490/09 – Designated Substances
  • O. Reg. 185/19, which amends Regulation 833 – Control of Exposure to Biological or Chemical Agents

The amended regulations will come into effect on January 1, 2020.

Updated and Consolidated Medical Surveillance Code

The Code for Medical Surveillance for Designated Substances sets out the Medical Surveillance Program requirements for the following designated substances: asbestos, benzene, coke oven emissions, isocyanates, lead (inorganic and organic), mercury (alkyl and non-alkyl compounds) and silica.

The code applies to employers that are required to provide for medical examinations under subsection 20(4) of O. Reg. 490/09 – Designated Substances. This code provides updated guidance to physicians and other health professionals.

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Working at Heights/Refresher & Joint Health and Safety Part 1 and 2 News!

News for working at heights/refresher & Joint Health and Safety part 1 and 2 certificates

Some important changes and information we would like to inform our learners about Working at Heights/Working at Heights Refresher, Joint Health & Safety Part 1 & 2 and Refresher

 

  • The Ministry of Labour has contracted Bluedrop Learning Networks to develop and maintain an online Certification Management System (CMS) for all mandatory training records. 
  • CMS is powered by software known as SkillsPassTM.
  • The system will allow learners to access their training records online and on their smartphones 24/7.
  • As of March 4th, Learners will be able to set up and claim their accounts by visiting https://myskillspass.com/client/msp/skillspass/
  • To access and set up an account, learners will need their address, year of birth, email address and phone number
  • Only learners will be able to login and update their profile
  • Learners can give consent online for their employers to view their training record
  • Questions about setting up an account or technical issues can be resolved by contacting Bluedrop at support@myskillspass.com

 

Please click the link below to see a detailed video on how to use the new system.

https://www.youtube.com/watch?time_continue=61&v=5363d13lpN8

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Training Expiry What Courses expire and when?

No Set Expiry

The majority of courses you will take do not have a set expiry date – but it is expected that the content be reviewed on an annual basis in-house, specific to your own hazards and needs. However if you have not used the skills learned in a period of time then due diligence suggests that you re-take the course to ensure the information is fresh and clear in your mind.

Examples of courses without an expiry date are WHMIS/GHS, Bill 168, Fall Protection, etc.

 

Set Expiry

There are a few courses where a set expiry term has been mandated:

  • Working at Heights (Construction): 3 years
  • Lift Truck: 3 years
  • Transportation of Dangerous Goods: 3 years
  • First Aid: 3 years

 

How can ICSS help?

ICSS tracks all training and will send updates prior to your training expiring to the Health and Safety contact for your company. In the month prior to your training expiring the contact will receive a notice and information regarding upcoming courses or booking training.

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Cannabis Legalization

 October 17th, 2018 Cannabis has become legal in Canada

Workplace Questions to ask yourself about Cannabis Legalization...

  • Have you prepared your workplace?
  • Do you have a policy in place or  have updated existing ones?
  • Have your front-line Supervisors been trained?

If not... Industrial & Construction Safety Solutions can help!

Contact us today for more information or take our online cannabis in the workplace course by clicking here

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Top 10 OHS Violations for 2017 as per MOL

Top 10 OHS Violations for 2017 as per MOL

  1. Workplace violence and harassment (11,662 violations)

  2. Fall protection (9,658)

  3. Lack of personal protective equipment (8,318)

  4. Improper access and egress (6,472)

  5. Health and safety representative and JHSC (6,239)

  6. Administrative (6,007)

  7. Basic OHS awareness training (5,232)

  8. Improper use/maintenance of ladders / scaffolding (4,846)

  9. Lack of machine/equipment guarding (4,276)

  10. Housekeeping/work surfaces

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Ontario evaluating working at heights training program

Ontario evaluating working at heights training program

11 construction workers have died this year from falls on the job

construction Toronto

Ontario's Ministry of Labour is reviewing effectiveness of work at heights training for the construction industry. REUTERS/Mark Blinch

 

Ontario is evaluating the effectiveness of the mandatory working at heights training standards to help prevent fall accidents and fatalities at construction sites. Falls from heights are the number 1 cause of traumatic fatalities of construction workers in Ontario. Between Jan. 1 and Oct. 31, 40 workers died in incidents on the job. Eleven of those fatalities were due to falls.

“Falls continue to be a leading cause of critical injuries and fatalities of construction workers in Ontario. By ensuring that these training standards are effective, we will reduce fatal incidents at work by making sure workers receive high-quality, consistent training for this high-hazard activity,” said Minister of Labour Kevin Flynn.

In Ontario, employers must ensure that certain workers complete a working at heights training program that has been approved by the chief prevention officer and delivered by an approved training provider before they can work at heights.

The training standards allow for “high quality and consistent training” for learners, and include a practical component on the appropriate use of fall protective equipment, the MOL said. In order to continue ensuring the safety of workers, the government needs to assess the effectiveness of the training and make improvements to the standards where necessary.

After the review is complete, the Ministry of Labour (MOL) will review the results of the evaluation to determine whether any changes to improve the effectiveness of the WAH training initiative are needed.

Ontario is investing $595,000 to assess the effectiveness of the working at heights training standards.

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Ontario proposing to triple maximum OHSA fine to $1.5 million

Ontario proposing to triple maximum OHSA fine to $1.5 million

Fine against supervisors, directors could be quadrupled to $100,000

Dec 6, 2017

 

The Ontario government has introduced legislation to triple the maximum fine under the Occupational Health and Safety Act (OHSA) against corporations to $1.5 million per charge, and quadruple the maximum fine against individual persons — such as workers, supervisors or directors — to $100,000 per charge.

The proposed amendments are, one might say, buried in Schedule 30 to Bill 177 that would implement certain “budget measures." Perhaps for that reason, they have received very little attention. The bill is called, Stronger, Fairer Ontario Act (Budget Measures), 2017.

The bill received second reading on Nov. 30 and has now been referred to the Standing Committee on Finance and Economic Affairs.

The bill would also change the limitation period for laying charges under the OHSA, which is currently one year.

The new limitation period would be the later of one year or “the day upon which an inspector becomes aware of the alleged offence.”

That seems to mean that for accidents that employers are not required to report to the Ministry of Labour, the limitation period would continue running until the MOL finds out about the accident, which could be years later when an inspector drops in for an inspection of the workplace.

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Occupational Exposure Limit (OELs) Updates

Occupational Exposure Limit (OELs) Updates

Effective January 1, 2018, Regulation 833 and O. Reg. 490/09 are amended by (O. Reg. 287/17) and (O. Reg. 288/17) to reflect the adoption of new or revised occupational exposure limits (OELs) or listings for 21 chemical substances based on recommendations by the American Conference of Governmental Industrial Hygienists (ACGIH). These changes were included in the Ministry’s 2016 consultation “Proposed Changes Affecting the Control of Hazardous Substances under the Occupational Health and Safety Act.” An overview of these changes is given below:

  • Addition of specific listings for 4 substances in regulation: Cyanogen bromide, Ethyl isocyanate, Peracetic acid and Phenyl isocyanate.
  • Revisions to exposure limits or listings for 17 substances currently regulated: Acetone, Atrazine, Barium sulfate, 1-Bromopropane, Ethylidene norbornene, Lithium hydride, Methomyl, Methyl formate, Methyl isocyanate, Naphthalene, Nickel carbonyl, Oxalic Acid, Pentachlorophenol, Pentane, and Trichloroacetic acid, 1,2,3 – Trichloropropane, and Triethylamine.

In addition to the changes noted above, effective January 1, 2018, the Ministry has moved forward with the adoption of proposals that were the subject of earlier consultations. These changes include the adoption of a more protective OEL for the substance beryllium, the adoption of the ACGIH method for addressing exposures to the aliphatic hydrocarbon gases (C1 – C4), and changing the minimum oxygen content in section 138(1) of Regulation 851 – Industrial Establishments from 18% to 19.5% as set out in (O. Reg. 289/17).

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New Employment Sign

There is a new Employment Standards Poster to be posted in all workplaces.

Copies can be downloaded HERE

Hard copies can also be ordered from the MOL

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MOL Prosecutions

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:

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Minimum Wage Increase on Oct 1

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

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Working at Heights Vs. Fall Protection

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...

You need to take Working at Heights (full day training). This is the course mandated by the MOL, there's some info from them below:

The Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13) requires employers to ensure that workers on construction projects successfully complete a working at heights training program if they may use specified methods of fall protection. The working at heights training requirements apply to the employers of workers on construction projects who are required by O. Reg. 213/91 (Construction Projects Regulation) to use any of the following methods of fall protection:

  • travel restraint system
  • fall restricting system
  • fall arrest system
  • safety net
  • work belt
    OR
  • safety belt

This training requirement is in addition to existing training requirements for workers who use fall protection systems on construction projects, as set out in the Construction Projects Regulation (O. Reg.213/91).

 

I work in another workplace...

You are looking for fall protection training (1/2 day course). Again some info from the MOL site is below...

Workers do not have to complete CPO-approved working at heights training if they work at workplaces that are not covered by the Construction Projects Regulation.

Further stakeholder consultations and proposals for regulatory amendments would be required if the Ministry of Labour were to extend the new mandatory working at heights training to other sectors beyond construction.

Whether a particular activity is considered to be maintenance or construction will continue to be determined on a case-by-case basis, subject to specific workplace conditions and an initial assessment of the situation.

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