To keep people safe at work, it is important that managers identify OHS vulnerable workers.

It is the summer, a time when employers often worry about the safety of vulnerable workers who join their seasonal workforce. Who are the vulnerable workers at increased risk of occupational heath and safety (OHS) incidents at your workplace?

Employers use various methods to try to identify which employees are at the greatest risk of becoming injured at work. Recent research suggests that OHS vulnerability can be best predicted by considering factors related to both the employee and the workplace.

Issues to keep in mind when determining which workers are OHS vulnerable include:

1. Level of hazard faced by the worker
2. Workplace protections and policies
3. Worker awareness of worksite hazards and safety rights and responsibilities
4. Worker empowerment in injury prevention.

If a worker is negatively affected by all of the four issues, then his or her OHS vulnerability significantly increases. It is important that managers understand that they cannot make decisions about OHS risk based on simple generalizations about work settings or inexperienced employees.

Young workers, such as summer students, are one type of employee that is often considered to be at increased risk of getting hurt on the job.  Individuals who are part of certain demographics such as older workers, younger workers, new immigrants or temporary workers are often stereotyped as being more likely to get hurt while working. But is every individual in these groups at higher risk of injury? There are many sensible, well-trained, safety conscious students and temporary workers.

Work setting also affects a worker’s OHS vulnerability. Workplaces such as construction sites, small businesses and hospitals are considered to be more dangerous.   But many of these types of workplaces have exceptional workplace safety records. These safety conscious organizations in higher risk sectors may object to being classified as unsafe workplaces.

Employers should use accurate methods to identify and protect workers at risk of injury. Managers and supervisors need to consider the relationship between employee knowledge and empowerment and the work setting hazards and protections when identifying OHS vulnerable workers.

Read more about OHS Vulnerable Workers.

New user-friendly tool helps busy managers establish procedures for basic health & safety for small business. 

The Ontario government has made available a new, online tool to help small businesses that have not yet put in place health & safety procedures.  The Ministry of Labour’s “Health and Safety Checklist” identifies required procedures related to health & safety for small business in Ontario.  This combination checklist and resource finder includes links to useful information that will help  small business owners quickly find the information they need so they can understand and put in place safety procedures that comply with Ontario health & safety laws.

Imagine a small business such as a small printing shop, a hairdresser, a community landscaping business or a professional office.  These types of businesses have few employees and are usually operated by individuals who are knowledgeable about a specific specialty service or product.  The business owners wear multiple hats, doing the work of customer service provider, supervisor, trainer, accountant, marketer and administrator.   With the little time they have left, it is challenging but still necessary to ensure that the small business also has the safety procedures required by law.

The MOL Health & Safety Checklist helps small business owners understand the health and safety procedures required by Ontario law.    The checklist identifies basic occupational health & safety act (OHSA) requirements related health & safety roles and responsibilities, records management, hazards in the workplace and training.  This tool can guide small business managers when setting up health & safety procedures for their workplace.

The Health & Safety Checklist is a starting point for organizations.  For some small businesses, the checklist will be all that is required to develop their safety program.  But for workplaces with many hazards that expose their employees to greater risks, additional research or professional help may be necessary to put in place additional required procedures beyond a basic health & safety program.  

Read more about basic health & safety for small business in Ontario.

Executives are powerful health & safety role models.

A senior manager’s behaviour at work sets an example that the organization’s employees will follow. Employees learn about health and safety values at work by watching how the senior managers talk about and use safety principles.  Executives must be health & safety role models.

Role models are powerful teachers. People learn from them because they want to achieve similar goals and behaviours.   A strong leader, who believes that a healthy workplace leads to business success, is a key component to a successful workplace safety program.

Senior managers who talk about and demonstrate support for the organization’s health and safety program energize staff. When one of the boss’ priorities is safety, employees will begin to value it as an important part of their job. Listening to an executive have a casual conversation about a health or safety issue sends a strong message to employees. Simple conversations and regular problem solving between managers and employees brings safety programs to life.

Executives should be aware that they are always being watched.  They should consistently behave as role models. Ask employees if they are having problems at work and help them create solutions. When a hazard is spotted, act to correct it immediately. Refer to safety as a priority when talking to clients and customers.

Senior managers who truly believe employee wellbeing is a measure of business success can become great role models. By making the effort to use health & safety principles in their work practices, these executives help build safer and more productive workforces.

New legislation aims to make workplaces, campuses and communities safer and more responsive to complaints about sexual violence and harassment and the needs of survivors.

On March 8, 2016 Ontario passed Bill 132, the Sexual Violence and Harassment Action Plan Act.

For employers, Bill 132 amends the Occupational Health and Safety Act (OHSA) to include specific requirements for sexual harassment prevention programs in the workplace. The changes create employer duties to protect workers, including a duty to ensure that incidents and complaints of sexual harassment are appropriately investigated.

In 2010, the Ontario government passed Bill 168 which introduced changes to the OHSA requiring employers to develop Workplace Harassment and Violence policies and programs in the workplace. Bill 168 primarily focused on Workplace Violence. Bill 132 expands on the Workplace Harassment provisions in the OHSA and will require employers to revisit their Harassment policy and procedures.

Sexual Harassment Prevention Legislation – OHSA Summary of Major changes:

1. Definition of workplace harassment is expanded to include workplace sexual harassment;
2. Definition of workplace harassment is expanded to clarify that reasonable action taken by management to direct workers or the workplace is not workplace harassment.
3. Employers are required to develop, maintain and review annually a written program to implement the Workplace Harassment Policy. 
4. A Ministry of Labour Inspector can order an employer to hire an impartial investigator to conduct an investigation of workplace harassment.  

Workplace sexual harassment is defined as:

• engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
• making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

Employers need to:

• Review and update their 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. The written program must include procedures for: reporting incidents, investigating,  disclosing information, and informing workers involved about the results of the investigation and any corrective action required.
• Train workers on the contents of the Workplace Harassment Policy and Program.
• Train managers and supervisors on how to identify and investigate incidents of harassment.
• Appropriately investigate incidents and complaints of workplace harassment.
• Inform workers involved, in writing, about the results of the investigation and any corrective action required.
• Review and update Policy and Program annually.

Sexual Harassment Prevention Legislation – OHSA amendments come into force on September 8, 2016. The information provided here is an overview of the changes to the OHSA. For details refer to Bill 132.

What is on your Company Information Board? All workplaces in Ontario must keep a well maintained and updated Health and Safety and Worker Information Bulletin Board. 

Whether your company is big or small you need a worker information board. Ontario workplace posting requirements are the law. Many organizations are unaware of their obligations or have outdated information on their company bulletin board. If your workplace bulletin board is dusty and neglected, covered with Holiday Party announcements, sign up forms for weight watchers or the company baseball team from the spring of 2013, it is time for a cleanup. 

Below is a list of items that should be posted in your workplace.

Employment Standards Act Poster

ESA Poster – “What you Should Know About the Employment Standards Act”. Make sure you have the most recent version posted in your workplace – Version 6.0 was released in May 2015. Every employee must also be given a copy of the poster. The ESA poster is available from the Ontario Ministry of Labour.

Human Rights Policy

Your company Human Rights Policy should be posted in the workplace. If you need information on developing a policy, the Ontario Human Rights Commission has resources and guidelines.

Health and Safety Information

Ontario workplace posting requirements related to Health and Safety are outlined in the Occupational Health and Safety Act. There are several Health and Safety resources that may be required to be posted in your workplace:

• Occupational Health and Safety Poster – “Health and Safety at Work – Prevention Starts Here”.  The most recent version is dated June 2012 and is available from the Ministry of Labour.
• Occupational Health and Safety Act and regulations. The most recent version of the legislation must be posted in your workplace. Regulations related to your workplace must also be available for employees to view. Copies of the Act and regulations are available from the Ministry of Labour.
• Your company Health and Safety Policies – Health and Safety Policy; Workplace Harassment Policy, and Workplace Violence Policy. Make sure your policies are current. Your policies must be reviewed and signed annually by the most senior employer representative at your location.  
• Joint Health and Safety Committee – Joint Health and Safety Meeting Schedule & Minutes and Names of Joint Health and Safety Committee Members. Make sure this information is accurate and current.
• Workplace Inspection – Copy of most recent quarterly or monthly workplace inspection.
• Workplace Hazardous Material Information System (WHMIS) – location of Safety Data Sheets.
• Emergency Plan – Copy of Emergency Plan, Floor Plan of your workplace with exits clearly marked, and Evacuation Meeting Point.

Workplace Injury and First Aid

If your workplace is covered by the Workplace Safety and Insurance Act (WSIA), you will be required to post the following:

• WSIB Poster – “In Case of Injury — 1234”. Make sure you have the most recent version posted in your workplace. The WSIB Poster is available from the Workplace Safety and Insurance Board. 
• Names of workers trained in First Aid.
• Date of last inspection of first aid station

Where should your workplace bulletin board be located? A lunch room or other common area where it is most likely to be visible to all your employees.

The information provided is an overview. Your situation is unique. Refer to the applicable legislation or contact Fusion Career Services for advice on Ontario Workplace Posting Requirements.

 

New JHSC certification training now in effect in Ontario.

Starting March 1, 2016, the certification requirements for members of Joint Health & Safety Committee (JHSC) in the workplace has significantly changed.  Employers with 20 or more employees in a workplace must ensure that 2 members of the JHSC committee – one worker and one manager – have completed MOL approved certification training.  JHSC certification training includes information about Health & Safety law, and the identification, assessment and control of hazards.

The new certification training is a 2-part process that must be provided by a Ministry of Labour authorized trainer. This training involves the following time commitments:  Part 1 takes a minimum of 19.5 hours (3 days) and Part 2 takes 13 hours (2 days). Re-certification training is required every 3 years and this is a 6.5 hour (1 day) session.

Individuals previously certified using the old 1996 training standard must submit their proof of JHSC member certification training to the Ministry of Labour by April 30 to avoid having to complete the new training and re-certification process. To submit proof of JHSC certification, read more here.   It is important for employers to remember that previously certified individuals who do not need to attend re-certification sessions should continue to educate themselves about changes in health and safety law and workplace hazards.

Joint Health and Safety Committees have an important role in workplaces by facilitating communication between workers and employers about workplace safety issues. All businesses should ensure they have a Health & Safety group that includes employee involvement and meets the legislated requirements.  Businesses and workers benefit from the communication, collaboration and Health & Safety improvements that occur due to workplace safety committee initiatives.

Read more about Ontario JHSC member certification requirements here.