Ontario OHS Legislation Update – WHMIS Regulation changed

WHMIS (Amendment to Regulation 860/90) – On July 1, 2016, the province enacted changes to Ontario OHS legislation involving WHMIS to meet federal and international standards for classifying and labelling workplace chemicals.

How does this affect Ontario workplaces?  

• Employers must begin implementing the new requirements for workplace WHMIS programs for classifying and labelling chemicals.  
• Until May 30, 2018, WHMIS labels using either the old or new format may be used in the workplace.
• By December 1, 2018, the transition to the new WHMIS system must be complete.
• While both the old and new WHMIS systems are in use in the workplace, employers with hazardous materials at the work site must train workers about both.

The updated WHMIS regulation includes new language on labels and information sheets which will require employee training about the new WHMIS – Workplace Hazardous Material Information Systems in Ontario. 

Read more about Ontario New WHMIS regulations and employee training here.

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Business owners must prove OHS due diligence by producing written workplace safety records.

When workplace safety incidents occur, government safety inspectors or legal authorities often ask employers to show that their company has done everything possible to keep workers safe. To avoid fines and other penalties, employers often must prove OHS due diligence by producing written workplace safety records.  Current records documenting safety procedures, training and workplace safety checks are the best evidence to show the work done to maintain employee safety and prevent workplace accidents.

Beyond complying with health & safety laws, OHS due diligence means an employer must do what another reasonable Canadian would do under similar circumstances. It is not enough to simply create a corporate health and safety policy and have an understanding of legal OHS requirements. Employers must use common sense and operate their businesses ethically.  It must be evident that keeping people safe is an active priority.

Maintaining up to date business records about safety planning and initiatives proves the business diligently monitors safety and enforces safety rules. Corporate OHS programs must include documentation of safety planning, procedures, checklists and training records. Written records show that safety activities really do occur in the workplace.

The following are examples of occupational health and safety documentation and record-keeping:

• Management & Health & Safety committee meeting minutes
• Work procedures and safety manuals
• Employee orientation & training records
• Workplace inspections, equipment maintenance log books, sampling and monitoring records, safety procedure forms & checklists (including details about corrective actions)
• Accident / Incident reports (including details about corrective actions)
• Supervisor safety related notes (inspections, training, meetings)
• Emergency response drills records
• Discipline / enforcement of safety procedures
• Statistic tracking for injury and incidents

Employers, supervisors and workers should be in the habit of making notes and completing checklists to document safety activities such as inspections, training or policy updates.  Computerized or paper filing systems help by creating a place to store and retrieve documents for review.  It is easiest to prove OHS due diligence when safety work is documented and available for review when necessary.

New Ontario Workplace Safety Noise Regulation now in effect.

New Regulation 381/15: Noise – The noise regulation came into effect on July 1, 2016. Workplaces with noise levels over 85 decibels must control sound hazards and protect workers from hearing injury.  The regulation also requires employers to train workers. This new regulation extends noise protection requirements to all workplaces covered by the Occupational Health and Safety Act (OHSA).

How does this affect Ontario workplaces?

• Workers now have prescribed maximum time exposure limits to noise over 85 decibels.
• Employers are required to control noise hazards.
• Employers must provide workers with hearing protection and training regarding the proper use of Personal Protective Equipment (PPE).

Noise may be hazardous in the workplace when workers need to raise their voices to be heard, if they notice they have ringing ears or problems hearing after a day at work. An idling truck or a food blender is equivalent to 85 decibels of sound.

Read more about Ontario Workplace Safety Noise Regulation here.

 

Ontario employers must update their Workplace Violence and Harassment Policies by September 8, 2016.

Bill 132, the Sexual Violence and Harassment Action Plan Act, will come into effect in September. The legislation amends the Occupational Health and Safety Act and provides additional protection against sexual harassment at work.

Employees have protections from sexual harassment under the Ontario Human Rights Code and the Occupational Health and Safety Act.

In summary, employers need to implement workplace sexual harassment prevention legislation:

• Always investigate complaints of sexual harassment or other types of harassment promptly.
• Review and update the Workplace Harassment Policy.
• Review and develop a written program to implement the Workplace Harassment Policy, in consultation with the Joint Health and Safety Committee or Health and Safety Representative, if any.
• Train workers, managers and supervisors.
• Review and update Policy and Program annually.

For more details on the changes implemented by Bill 132 refer to the Fusion Blog on Workplace Sexual Harassment Prevention and Bill 132.

Is it necessary to provide intensive Olympic style OHS training to achieve good employee safety results in workplaces?

Employers know that OHS training is required and necessary to keep employees safe while working. As we watch the world’s Olympic athletes show their exceptional athletic skills, a question to consider is “Does intensive safety training help employees better learn how to stay safe at work?”  The answer is yes but no. As with winning athletes, there is more to successful safety results than OHS training.

Yes, training with quality follow-up coaching and practice helps workers better acquire safety skills. Initial training allows employees to learn skills and understand the principles of workplace safety. Ongoing coaching from supervisors and peers provides opportunities to practice new safety skills, similar to an athlete training with a knowledgeable coach and experienced team mates. Practice allow workers to develop confidence with new skills and feel capable of using safety skills while working. Ultimately, employees with solid safety skills are more prepared to remain safe at work.

But no, intensive safety training is not the only thing necessary to prevent workplace injuries. Training is only one of several strategies used to prevent injuries.  If a well trained employee is put in a dangerous work environment with no PPE and many uncontrolled hazards, the risk of injury is high.   Similarly, a well trained athlete such as a diver cannot succeed if competing with a broken diving board during competition.

A comprehensive safety program that controls hazards is the key to good workplace safety results.  To achieve exceptional safety results, research supports employers using the following safety strategies:

• Eliminate hazards
• Make substitutions to less hazardous materials, processes and equipment
• Design work settings so the facility and equipment do not cause hazards
• Implement workplace practices like safe procedures, education, training, job rotation and supervision
• Supply workers with PPE (personal protective equipment)

Olympic athletes develop exceptional skills because of their intensive training and support from family, superior coaches and national athletic programs. Employers can learn from Olympians and be safety coaches by training workers and using best practice safety strategies to control risks in the workplace. With the right work environment and employee support, well trained employees, like athletes, will excel and stay safe.

When managers feel overwhelmed with administrative responsibilities like managing workplace hazards or employee conflicts, thoughts often wander to taking a vacation.

My recent vacation, this July, to scorching Las Vegas exposed us to extreme heat, crowded sidewalks, traffic jams, party goers, and tired, hungry, dehydrated people walking the Las Vegas Strip. There were also many dedicated local residents who worked very hard to take care of the masses of tourists.   As we coped with the challenges of our vacation, I spent some time thinking about how employers on the Las Vegas Strip approach managing workplace hazards. 

Managing workplace hazards in Las Vegas does not really differ from other places in the world. Successful hazard management is all about identifying the safety hazards, figuring out ways to eliminate or control them and training employees about safety procedures. Then, of course, managers must evaluate to determine if they have succeeded in keeping their employees and customers safe.

Identify the hazards. Some hazards are found everywhere but others are unique or more prevalent in certain businesses or locations. The most obvious workplace hazards in Las Vegas are heat stress, repetitive strain injuries, smoking in the workplace, communicable disease, violence, harassment, and working alone.  It is important that employers identify unsafe situations in their workplaces.  As a visitor, I considered the safety issues that could affect my family while we visited the city.

Make a plan to prevent injury. Similar methods are used for successfully managing workplace hazards, no matter where you are in the world.  The most obvious strategy used in Vegas is the systematic way that Las Vegas Strip employers operate their businesses. The hotels, restaurants and attractions operate using standardized procedures. Many initiatives are clearly in place to optimize safety and control risk in this busy tourist area.

Train key people. Employees on the Strip seem very well trained. Most of the businesses are large organizations that likely invest a lot of money into employee training in order to achieve high quality customer service and safety practices. This training benefits employees and customers alike by preparing employees to competently deal with hazards on the job. As visitors, we made sure our family drank lots of water, took breaks from the hot outdoors by exploring the air-conditioned, indoor hotel sites and avoided the riskier attractions off the Strip. We also asked the experts, the local workers and residents, how to stay safe in Las Vegas.

Evaluate and make improvements.  I am not sure how safety initiatives are evaluated by Las Vegas employers but this final step is important. If managing workplace hazards is valued, then employers cannot guess and gamble, leaving safety to chance. Employers must review their workplace safety practices and decide if further improvements are necessary. 

Despite the potential safety hazards in Las Vegas, our vacation was great! But the next time I visit Las Vegas, it will be at a time of the year when the temperature is cooler than 38 degrees Celsius!