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OHSA –1998 _First legislated in 1979_

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OHSA –1998 _First legislated in 1979_ Powered By Docstoc
					OHSA –1998 (First legislated in 1979)
 Purpose: Ensure Ontario workplaces are safe and healthy
 Contents: Establishes rights and duties of all workplace parties. Establishes procedures for dealing with hazards and
   enforcement of the law where voluntary compliance is not achieved.
    (1) Definitions: - adjudicator (repealed), designated substance – allows prohibited, restricted, limited or controlled
        use, industrial establishment – office, factory, arena, shop or attached lands.
3    Part 1: Application to various groups (not farming, self-employed, residences or teachers)
     Part II: Administration
    (1)       A worker H&S rep. required where >5 workers
    (5)       selected by workers from workers
    (6)       carries out inspections  once/month or at least once/yr and part every month.
    (9)       workers and employers must cooperate
    (10)      rep. identifies hazards & recommends corrective action to employer (cc. workers)
    (11)      Power: obtain info re: testing & audit testing of equip., chemicals, etc.
    (12)      employer must give written response within 21 days to written recommendations
    (13)      response includes timetable for remedy or reasons for disagreement
    (14)      rep. may inspect any site of an accident or death.
    (15)      rep. is paid while on duty
    (1) Does not apply to projects of < 3 months duration
    (2) Joint H&S Committee is req’d.
        (a) where  20 workers
        (c) where < 20 workers but a ‘designated substance’ is in use
    (4) Employer must establish a H&S committee
        (a) Committee is composed of  2 members for < 50 workers
        (b)  4 members for  50 workers
    (7)  50% of the committee members are workers (not managers)
    (8) selection of worker members is by workers (e.g., union) not by managers
    (9) employer selects managerial members
    (10) members must work at work site
    (11) committee must be co-chaired – 1 worker & 1 manager
    (12)  1 member for each party must be ‘certified’
    (13) certification not required for < 50 members or for duration at work site of < 3 months
    (14) workers select who gets certified
    (15) if > 1 worker member is certified, workers select which has duties of cert. member
    (16) employer likewise assigns 1 certified member to represent management on committee
    (19) Powers of Committees:
        (a) identify hazards
        (b) make recommendations
        (d) get info re: hazards
        (e) obtain any test data
        (f) audit any H&S testing
    (20) employer must respond in writing to written recommendations within 21 days
    (21) must give timetable for correction or reasons why they disagree
    (22) committee must keep minutes of meetings
    (23) workers to inspect workplace
    (26)  once/month
    (27) or at least  once/yr and part every month
    (30) committee is to be informed of inspection findings (hazards)
    (31) have right to investigate accidents and deaths
    (32) committee member names must be posted
    (33) meetings  every 3 months
    (34) members allowed  1 hour prep. for meetings + meeting time + time to carry out duties
    (35) members paid for H&S time
    (36) members paid while being certified
    (37) unless already paid by Workers Safety & Insurance Board

Ch-610/OHSAsummary.doc                                                                                                  1
     (1) employer must notify committee re: industrial hygiene testing
     (3) rep. may attend testing
     (1) annual summaries of lost time accidents, occupational illnesses, etc. accessible to all
     (2) info must be posted
        Part III Duties:
     (1) Duties of Employers: employer must ensure:
         (a) equip., protective devices, etc. are provided
         (b) same are maintained
         (c) good work procedures are followed
         (d) protective devices are used by workers
         (a) employer must provide info, instruction, & supervision to ensure H&S of workers
         (b) employer must disclose info in medical emergencies
         (c) employer must appoint competent supervisors
         (d) employers must inform supervisors of hazards
         (e) employers must co-operate with H&S committees
         (f) employers must employ of-age workers
         (h) employers must take reasonable precautions to ensure H&S of workers
         (i) employers must post a copy of the H&S Act in workplace
         (j) prepare and review annually a written OH&S policy and develop and maintain it
         (k) must post a copy of the policy
         (l) must inform H&S committee of H&S reports
     (1) Additional duties of employers: In addition the employer shall:
        (a) establish occupational health service for workers
        (b) according to prescribed standards
        (c) maintain updated records of handling, storage, use, disposal of hazardous agents
        (d) maintain records of worker exposure and make info available
        (e) notify the Director re: the use of prescribed hazardous chemicals / physical agents in the workplace
        (f) monitor levels of hazardous agents and keep records
        (g) comply with standards limiting exposure of workers
        (h) establish a medical surveillance program for workers
        (i) provide medical examinations for workers
        (j) only permit healthy/fit workers to work
        (k) provide workers with written precautionary measures
        (l) provide worker training programs for workers, supervisors
     (3) if workers participate in medical exams, the employer shall pay:
        (a) for cost of exams
        (b) for reasonable travel costs
        (c) for time at the exams
     (1) Duties of Supervisors: Supervisors shall ensure that workers:
        (a) works safely and uses protective devices as req’d. by Act
        (b) uses equip. and protective devices that employer requires
     (2) Additional Duties of Supervisors: A supervisor shall:
        (a) advise workers of hazards
        (b) provide written instructions for safe work by worker
        (c) take every reasonable precaution to protect worker
     (1) Duties of Worker: A worker shall:
        (a) work in compliance with Act & regulations
        (b) use protective equipment prescribed by employer
        (c) report to employer absence of or defect in any equipment or protective devices
        (d) report to employer any contravention of Act or regulations
     (2) No worker shall:
        (a) remove/ deactivate any protective devices
        (b) use equip., etc. that would endanger himself or others

Ch-610/OHSAsummary.doc                                                                                             2
        (c) engage in any prank, contest, feat of strength, unnecessary running or rough play
     (3) Workers are not required to participate in medical surveillance programs
     (1) Duties of Owners: - ensure workplace complies with Act & regs.
     (1) Duties Corporation directors and Officers – ensure workplace complies with Act & regs.

        Part IV Toxic Substances:
     (1) Orders of Director: Where a Director believes a dangerous agent is in use – he will prohibit, restrict, apply
        conditions (engineering controls) in the workplace
     (2) Director shall identify substance, state reasons for concern
     (3) Employer must post Director’s order
     (4) Employer may appeal to Minister who may suspend order (9)
     (1) New Biological or chemical agents: - except for R&D purposes – No person shall:
        (a) manufacture, distribute, or supply for commercial use unless they notify the Director of identity of agent
     (2) The Director may require that party to assess the new agent
     (3) It is not new if it already used in a Canadian workplace or is in Director’s inventory
35    Designation of Substances: The Minster shall:
     (1) publish in The Ontario Gazette that a substance may be designated (call for briefs)
     (2) publish in The Ontario Gazette a proposed regulation at least 60 days prior
     (1) Hazardous Materials Inventory: - An employer shall maintain an inventory of all hazardous materials/agents in the
        workplace –
     (2) prepared in consultation with H&S committee
     (3) update for changes by Feb. 1 in following year
     (7) make floor plans of location of hazardous substances and post this
     (1) Hazardous Material Identification and Data Sheet – An employer shall
         (a) ensure they are in the workplace
         (b) prepare/obtain sheets for hazardous materials prepared in the workplace
         (c) ensure they are available in English and other language as prescribed
     (3) Employer shall not use a hazardous material unless labeling, MSDS & training are done
     (5) MSDS expires 3 years after date of prep’n.
38   MSDS’s must be made available to workers, medical officer of health, fire department on request. Anyone in public
     may request inventory or MSDS’s of medical officer of health
39   Assessment: Employer shall assess biological and chemical agents produced in workplace.
40   Confidential Business Information: Employer may file a claim to not disclose some info from inventory, label, or MSDS
     including name of toxicological study
     (6) Employer can opt not to disclose certain info until claim is determined and 3 years after if accepted. – but must
         disclose to medical practitioner for diagnosis or treatment purposes (40, (2))
     (1) Hazardous Physical Agents: Info must be available re: such agents             and operation of a 'thing' producing
        hazardous agents in the workplace.
     (2) Duties of the Employer: Info re: above is:
        (a) available for workers
        (b) given to H&S committee
     (3) such info is to posted where thing is operated
     (4) and in English and other prescribed language
     (1) Instruction & Training: Employer shall ensure that workers exposed to hazardous material or agents be instructed
        and trained
     (2) Consultation: Instruction & training to be developed in consultation with H&S committee
     (3) employer shall review training at least annually
     (4) or more frequently if:
        (a) necessary (as decided by employer/H&S committee)
        (b) circumstances change which may affect H&S of worker.

Ch-610/OHSAsummary.doc                                                                                                   3
               Part V Right to Refuse or to Stop Work where H or S is in Danger
     (1) Application: This does not apply to workers where such danger is a normal part of their job or where refusal will
        endanger others, e.g.,
     (2) police, fire fighter, prison guard, ambulance attendant, service provider for institutions
     (3) Refusal: worker may refuse work he has reason to believe:
        (a) equipment is unsafe to himself/others
        (b) workplace is unsafe
        (c) work contravenes Act or regs.
     (4) Report of Refusal: worker promptly reports circumstances to supervisor who promptly investigates in the presence
        of worker and:
        (a) worker member of H&S committee or
        (b) H&S rep. or
        (c) knowledgeable worker
     (5) worker remains near job site during investigation
     (6) if after investigation & corrective steps taken, the worker believes it is still unsafe, refusal can be restated and
        inspector is promptly notified.
     (7) inspector shall investigate in the presence or worker (or his rep.) and employer.
     (8) Decision of inspector: is given
     (9) in writing to employer and worker
     (10) worker remains at safe place pending decision unless employer reassigns worker
     (11) Duty to advise other workers: other assigned workers must be advised in presence of
     (12) committee member, H&S rep., other knowledgeable worker.
     (13) Entitlement to be Paid: for all parties involved in this
44   Definition: Dangerous Circumstance - contravenes Act or poses hazard to worker
     (1) Bilateral Work Stoppage: A certified H&S member seeing a hazard may request supervisor to investigate
     (2) cert. member may request cert. member representing other party review if supervisor action deemed unsuitable
     (3) second cert. member shall promptly investigate
     (4) if both cert. members agree situation is unsafe, they may 'direct' supervisor to stop work
     (5) supervisor will immediately comply
     (6) if cert. members disagree, either may request inspector to investigate. Inspector will inspect and give written
     (7) after correcting situation, employer may request cert. member to cancel the stop order.
     (8) cert. members may jointly cancel order or so may an inspector
     (9) cert. member may delegate another worker member if first member is away
46   The Board may assign an inspector to oversee work site and his expenses to be paid by employer
     (1) Unilateral Work Stoppage: - where employer accepts first cert. member's advice or where Board has ruled
48   cert. members are entitled to investigate complaints re: dangerous work
49   Complaints: constructor, worker, employer may file a complaint to Board re: cert. member who acted in bad faith to
     stop or not stop work. - Complaint must be filed no later than 30 days after event - Board will decide and may decertify
     the member.

     Part VI Reprisals by Employer Prohibited
     (1) No discipline or dismissal by Employer: - may not dismiss, threaten, discipline, suspend, penalize, intimidate or
        coerce a refusing worker
     (2) A penalized worker may complain. Settlement by arbitration under collective agreement or by Board.
     (5) Onus of Proof: burden of proof lies upon employer

           Part VII Notices:
     (1) Notice of death or injury: Where serious injury or death occurs, employer shall notify committee and inspector
        immediately and within 48 hrs. and send the Director a written report.
     (2) Preservation of wreckage: scene to remain untouched (except to ensure safety or restore essential services).
     (1) Notice of accident, explosion, fire causing worker to be unable to work: must be reported within 4 days to Director
     (2) Notice of occupational illness: when employer learns of such or a related claim to Workplace Safety and Insurance
        Board - employer will give written report within 4 days to a Director

Ch-610/OHSAsummary.doc                                                                                                     4
           Part VIII Enforcement:
     (1) Power of Inspector: Inspector has many powers, e.g., enter workplaces, use machines, inspect drawings and
        demand copies, conduct tests, demand employer arrange testing, be accompanied by expert, make inquiries of
        people, require work site be undisturbed, require machinery be operated, require testing of hazardous materials,
        demand copies of training records
     (2) Committee member may accompany inspector
55   Inspector may direct H&S member to inspect work site
56   Inspector may seize without warrant anything believed to contravene Act and bring such to judge
57   Noncompliance Orders: Inspector may issue order for compliance in specified time – may require employer to prepare
     a written compliance plan with timetable. May stop work.
     (7) Employer may resume work if H&S member agrees that problem resolved and inspector notified
     (8) Inspector may bar use of chemicals if MSDS not available
     (9) Such orders from inspectors to be posted at work site and not removed
     (10) Employer shall post copy of inspector orders in conspicuous place at work site.
58   Entry to 'ordered' area is to be barricaded
     (1) Notice of Compliance: - Employer shall submit notice of compliance within 3 days of fix and must be signed by
         H&S committee (agree or disagree or uncertain). Notice is posted along with order for 14 days in conspicuous
     (4) Official compliance can only be given by inspector
60   Injunction Proceedings: Inspector may notify courts to prosecute?
     (1) Employer may appeal inspector's order – Board may authorize a labour relations officer to investigate appeal
     (1)   Obstruction of Inspector: No person shall obstruct, molest, hinder or interfere with inspector
     (2)   All persons shall assist inspector
     (3)   No person shall furnish false information
     (4)   No person shall interfere with inspector's monitoring devices
     (5)   No one shall obstruct committee member or give false info to
     (1) Information Confidential: no one can divlulge trade secrets, name of informants, health info of workers - except in
        medical emergencies.
65   Immunity: No H&S member or inspector can be sued for losses when performing these duties

     Part IX Offences and Penalties
     (1) Penalties: Non compliance with act, orders of Minister or inspector and guilty is liable to a fine of up to $25,000 (up
         to $500,000 for corporation) or imprisonment up to 12 months.
     (4) The accused must prove that every reasonable precaution was taken
68   Trial in an Ontario court
69   No prosecution shall be instituted more than 1 year after incident.

    Part X Regulations:
70   Lieutenant Governor in Council may make regulations under the Act re: many listed areas in Act among others, e.g.,
    setting test standards, approving labs for testing, prescribing training programs, designing labels and MSDS, provide
    first aid facilities.
    Current Regs. Include…
     Construction Projects, Industrial Establishments, Mines, Diving Operations, etc.
     Firefighters' Protective Equipment
     Teachers
     Designated substance - use, monitoring, limiting worker exposure, prescribing engineering controls and protective
          device use. 11 substances are designated: acrylonitrile, arsenic, asbestos, benzene, coke oven emissions,
          ethylene oxide, isocyanates, Pb, Hg, SiO2, and vinyl chloride
     Regs. re: 'Biological or chemical agents, control of exposure to'
     Inventory of agents
     WHMIS
     X-ray safety
New or amended regs. are announced in the Ontario Gazette

Ch-610/OHSAsummary.doc                                                                                                        5
OHSA ensures a ‘shared responsibility for H&S in workplace, i.e.,
1  H&S policy and program are mandatory
2  officers of company are directly responsible
3  Joint H&S committee has a mandatory role

Workplace Health & Safety Program may contain all or some of the following elements:
1   worker training (e.g., new employees, WHMIS, new job procedures)
2   workplace inspections and hazard analysis
3   analysis of accidents and illness in workplace
4   H&S budget
5   formal communication system for worker concerns
6   confined space entry procedure
7   lock-out procedure
8   machine guarding
9   material-handling practices and procedures
10 maintenance and repairs
11 housekeeping
12 protective equipment
13 emergency procedures
14 first-aid and rescue procedures
15 electrical safety
16 fire prevention
17 engineering controls (e.g., ventilation)
18 administrative controls (e.g., rotating assignments)
19 medical surveillance program

Rights of Workers:
1    Right to Participate: in Joint H&S committees, identify and resolve safety concerns
2    Right to Know: about hazards, i.e., info and training
3    Right to Refuse: work they believe to be unsafe
4    Right to Stop Work: only by certified H&S committee members or H&S rep.

Local Offices:
 Ministry of Labor, 250 Windsor Ave., Windsor, 256 – 8277
 Windsor Occupational Health Information Service (WOHIS), 547 Victoria Ave., Windsor, 254 – 5157
 Occupational Health Clinic for Ont. Workers (OHCOW), 547 Victoria Ave., Windsor

Ch-610/OHSAsummary.doc                                                                              6

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