Showing posts with label HR Law. Show all posts
Showing posts with label HR Law. Show all posts

Friday, February 15, 2013

What must an employer do in your workplace?




Part III: Duties of Employers and Other Persons

Disclaimer: This resource has been prepared to help the workplace parties understand some of their obligations under the Occupational Health and Safety Act (OHSA) and regulations. It is not legal advice. It is not intended to replace the OHSA or the regulations. FOR FURTHER INFORMATION PLEASE SEE FULL DISCLAIMER
The Occupational Health and Safety Act (OHSA) imposes duties on employers, constructors, supervisors, owners, suppliers, licensees, officers of a corporation and workers, among others. Part III of the Act specifies the general duties of these workplace parties.

General Duties of Employers

An Ontario employer, who is covered by the OHSA, has a range of legal obligations, including the obligation to:
  • instruct, inform and supervise workers to protect their health and safety [clause 25(2)(a)]
  • assist in a medical emergency by providing any information—including confidential business information—to a qualified medical practitioner and other prescribed persons for the purpose of diagnosis or treatment [clause 25(2)(b)]
  • appoint competent persons as supervisors [clause 25(2)(c)]. “Competent person” is a defined term under the Act. A “competent person” is defined as one who must:
    • be qualified—through knowledge, training and experience—to organize the work and its performance
    • be familiar with the Act and the regulations that apply to the work being performed in the workplace
    • know about any actual or potential danger to health and safety in the workplace

    An employer may appoint themselves as supervisors if they meet all three qualifications [subsection 25(3)].
  • inform a worker, or a person in authority over a worker, about any hazard in the work and train that worker in the handling, storage, use, disposal and transport of any equipment, substances, tools, material, etc. [clause 25(2)(d)]
  • help joint health and safety committees and health and safety representatives to carry out their functions [clause 25(2)(e)]
  • not employ or permit persons, who are under the prescribed age for the employer’s workplace to be in or near the workplace [clauses 25(2)(f) and (g)]
  • take every precaution reasonable in the circumstances for the protection of a worker [clause 25(2)(h)]
  • post in the workplace a copy of the OHSA, as well as explanatory material prepared by the Ministry of Labour that outlines the rights, responsibilities and duties of workers. This material must be in English and the majority language in the workplace [clause 25(2)(i)]
  • in workplaces in which more than five workers are regularly employed, prepare a written occupational health and safety policy, review that policy at least once a year and set up and maintain a program to implement it [clause 25(2)(j)]. For guidance on how to do this, see Appendix A of this Guide
  • post a copy of the occupational health and safety policy in the workplace, where workers will be most likely to see it [clause 25 (2)(k)]
  • provide the joint health and safety committee or the health and safety representative with the results of any occupational health and safety report that the employer has. If the report is in writing, the employer must also provide a copy of the parts of the report that relate to occupational health and safety [clause 25(2)(1)]
  • advise workers of the results of such a report. If the report is in writing, the employer must, on request, make available to workers copies of those portions that concern occupational health and safety [clause 25(2)(m)]
  • ensure that every part of the physical structure of the workplace complies with load requirements prescribed in the applicable Building Code provisions, any prescribed standards and sound engineering practice [clause 25(1)(e)]
  • prepare policies with respect to workplace violence and workplace harassment and review them at least once a year [subsection 32.0.1(1)]
  • regardless of how many workers they employ, develop programs supporting workplace harassment and workplace violence policies and include measures and procedures for workers to report incidents of workplace harassment and workplace violence, and set out how the employer will investigate and deal with incidents or complaints.
Note: the version of the Occupational Health and Safety Act on the e-Laws website is an official version of the Act per the Legislation Act, 2006.

Prescribed Duties of Employers

Please note that some employer duties make reference to prescribed requirements. For example, clause 25(1)( c) of the OHSA requires that employers carry out any measures and procedures that are prescribed for the workplace. “Prescribed” means specified in regulation. Where a regulation specifies measures and procedures for a specific type of workplace (e.g. an industrial establishment), the employer is required to carry out those measures and procedures.
A complete list of OHSA regulations can be viewed on the Ministry of Labour website.

Duties of Employers with respect to Workplace Violence and Workplace Harassment

Employers have specific duties regarding workplace violence and workplace harassment. Please see Part III.0.I of this Guide for more information.

Duties of Employers Concerning Toxic Substances

In workplaces where there are toxic or hazardous substances, the employer has many specific duties. These are described in detail in Part IV - Toxic Substances.

Duties of Supervisors

The Act sets out certain specific duties for workplace supervisors. A supervisor must:
  • ensure that a worker works in compliance with the Act and regulations [clause 27(1)(a)]
  • ensure that any equipment, protective device or clothing required by the employer is used or worn by the worker [clause 27(1)(b)]
  • advise a worker of any potential or actual health or safety dangers known by the supervisor [clause 27(2)(a)]
  • if prescribed, provide a worker with written instructions about the measures and procedures to be taken for the worker's protection [clause 27(2)(b)], and
  • take every precaution reasonable in the circumstances for the protection of workers [clause 27(2)(c)].

Who is a supervisor?

A supervisor is a person appointed by the employer who has charge of a workplace or authority over a worker [subsection 1 (1)].
Workers are often asked to act as supervisors in the absence of persons hired in that capacity, particularly those identified by such terms as senior, charge, or lead hands. Despite the term used, it is very important to understand that if a worker or lead hand has been given “charge of a workplace or authority over a worker” this person has met the definition of a supervisor within the meaning of the OHSA and assumes the legal responsibilities of a supervisor under the Act.

Who is a Competent Person?

A competent person is defined in the OHSA as someone who is qualified because of knowledge, training and experience to organize the work and its performance, is familiar with this Act and the regulations that apply to the work, and has knowledge of any potential or actual danger to health or safety in the workplace.
The OHSA requires that employers appoint a competent person as a supervisor [clause 25(2)(c)].

Duties of Constructors

Who is a constructor?

A constructor is defined in the OHSA as a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. The constructor is generally the person who has overall control of a project.
See also the publication entitled: Constructor Guideline: Health and Safety which is also available on the MOL website.
Under the Act, the constructor’s duties include the following:
  • to ensure that the measures and procedures in the Act and regulations are carried out [clause 23(1)(a)]
  • to ensure that every employer and worker on the project complies with the Act and regulations [clause 23(1)(b)], and
  • to ensure that the health and safety of workers on the project is protected [clause 23(1)(c)].
Where required in regulation, a constructor must give written notice to a Director at the Ministry of Labour, containing prescribed information, before work begins on a project [subsection 23(2)]. The Regulation for Construction Projects (O. Reg. 213/91) made under the Act specifies the projects in respect of which notice shall be provided and the content of the notice.

Friday, September 14, 2012

TKPL & Associates Ltd. Fined $80,000 After Worker Killed


September 14, 2012 2:35 PM

Parry Sound, ON - TKPL & Associates Ltd., operator of a grocery store in Sundridge, ON, was fined $80,000 for a violation of the Occupational Health and Safety Act after a worker was killed.

On February 4, 2011, a worker at the grocery store was arranging items on shelves while standing on a stepladder. To reach the top shelf, the worker had to stand on the top cap of the ladder, which was not intended as a step. While working from the top cap the worker lost balance and fell to the floor, suffering a fatal head injury.

A Ministry of Labour investigation found that it was common practice in the store for workers to stand on the top cap of this type of stepladder to reach shelves. However the stepladder was not appropriate equipment for the task given the workers' need to stand on the top cap.

TKPL & Associates Ltd. pleaded guilty to failing to take the reasonable precaution of providing appropriate equipment to reach shelves for the protection of a worker.

The fine was imposed by Justice of the Peace Marcel Bedard. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.


Thursday, August 16, 2012

Labour Day, Monday, September 3rd, 2012


Employees get a day off with regular pay or public holiday pay (depending on the province or territory of employment). If the employee is required to work on the holiday, the employee must be paid regular wages and get a substituted day off with pay at a later date (depending on the province or territory).

In Ontario, employees get a day off with public holiday pay. If the employee is required to work on the holiday, the employee must be paid regular wages and/or premium pay and/or get a substituted day off with pay at a later date. 

Public Holiday Pay in Ontario.


www.hrnc.ca

Thursday, August 9, 2012

Bill 160 in effect as of April 1, 2012



 BILL 160 (what are you?)


 30.  The short title of this Act is the Occupational Health and Safety Statute Law Amendment Act, 2011.

EXPLANATORY NOTE
This Explanatory Note was written as a reader’s aid to Bill 160 and does not form part of the law.  Bill 160 has been enacted as Chapter 11 of the Statutes of Ontario, 2011.

The Bill amends the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997.
Amendments to the Occupational Health and Safety Act

Section 4.1, which specifies the Minister’s responsibility for the administration of the Act and sets out some of the Minister’s powers and duties in administering the Act, is added to Part II of the Act.

The Act is amended to allow the Chief Prevention Officer, appointed under Part II.1 of the Act, to establish standards for training programs and to approve programs that meet the standards.  

The Chief Prevention Officer may also establish standards that a person must meet in order to become an approved training provider and may approve a person who meets the standards as a training provider with respect to one or more approved training programs and may collect information about workers’ successful completion of approved training programs for the purpose of maintaining a record.

Section 7.6, which allows the Chief Prevention Officer to establish training and other requirements that a member of a joint health and safety committee must fulfil in order to become a certified member, is added to the Act.  The Chief Prevention Officer may certify a committee member who meets the requirements.


Section 8 of the Act is amended to require a constructor or employer to ensure that health and safety representatives receive training to enable them to effectively exercise the powers and perform the duties of a representative.

Section 9 of the Act is amended to allow either co-chair of a joint health and safety committee to make written recommendations to a constructor or employer if the committee fails to reach consensus.

The Bill adds Part II.1 (Prevention Council, Chief Prevention Officer and Designated Entities) to the Act.  

Section 22.2 of the Act requires the Minister to establish a Prevention Council responsible for providing advice to the Minister on the appointment of a Chief Prevention Officer and providing advice to the Chief Prevention Officer on occupational health and safety matters.  

Section 22.3 requires the Minister to appoint a Chief Prevention Officer responsible for developing a provincial occupational health and safety strategy, preparing an annual report on occupational health and safety and advising the Minister on occupational health and safety matters.   

Section 22.4 requires that the advice of the Chief Prevention Officer and the position of the Prevention Council be obtained in respect of a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases if the proposed change would be significant.  

Sections 22.5 to 22.9 allow the Minister to designate an entity as a safe workplace association or as a medical clinic or training centre specializing in occupational health and safety matters if the entity meets the standards established by the Minister.  A designated entity must operate in accordance with the standards and with any other requirements imposed on it, and is eligible for a grant from the Ministry.

Part III.1 of the Act is amended to allow the Minister to approve codes of practice with respect to both statutory and regulatory requirements and specify that compliance with the code is deemed to be compliance with the requirement, subject to any terms or conditions set out by the Minister in the approval.

Section 50 of the Act is amended to allow an inspector to refer a matter to the Board where a worker alleges that his or her employer has violated the prohibition against reprisals and where circumstances warrant.  The matter cannot have been dealt with by final and binding settlement by arbitration under a collective agreement or by the worker filing a complaint with the Board and the worker must consent to the referral.

Section 50.1, which gives the Office of the Worker Adviser and the Office of the Employer Adviser prescribed functions for the purposes of Part VI of the Act, is added to the Act.

Section 63 of the Act is amended so that persons employed in the Office of the Worker Adviser or the Office of the Employer Adviser are not compellable witnesses in a civil suit or any proceeding respecting any information or material furnished to or obtained, made or received by them under the Act while acting within the scope of their employment.

Subsection 70 (2) of the Act is amended to add complementary regulation-making authority.
Provisions relating to the load bearing capacity of structures are updated to remove references to an engineering design method that is no longer current.

Other complementary and transitional amendments are made to the Act.
Amendments to the Workplace Safety and Insurance Act, 1997

Part II (Injury and Disease Prevention) of the Act is repealed.  

The substance of subsection 4 (2) and section 10 of that Part (dealing with payments to constructions workers and first aid requirements that may be set by the Board) is re-enacted elsewhere in the Act.

Section 159 is amended to exempt information sharing agreements between the Board and the Ministry of Labour from the requirement that the agreement be approved by the Lieutenant Governor in Council.


Transition from WSIB to Ministry of Labour

Bill 160 amendments to the Occupational Health and Safety Act provided for the transfer of several WSIB functions, including the Research Advisory Council, from the WSIB to the Ministry of Labour (MoL). The transition of the research program from the WSIB to the MOL is under way, and the Ministry continues to build capacity. Once the Ministry’s Prevention Council is in place, the Chief Prevention Officer will initiate a review of research priorities.

In the meantime, the WSIB is working closely with the MoL on key transition issues, including the management of the Bridging the Gap competition. The 2012-13 Bridging the Gap application process will follow much the same cycle as in previous years. The key difference is that the authority for final approval of proposals no longer rests with the WSIB Board of Directors, but with the Chief Prevention Officer.

Tuesday, May 1, 2012

Fines for Violations of the Occupational Health and Safety Act - Woodstock Auto Recyclers Ltd.-$60,000. and Welded Tube of Canada LTD - $120,000

Woodstock Auto Recyclers Ltd. Fined $60,000 After Workers Injured

April 26, 2012
Woodstock, ON - Woodstock Auto Recyclers Ltd., a Woodstock automobile wrecking yard, was fined $60,000 for violations of the Occupational Health and Safety Act after three workers were injured.
On November 16, 2010, three workers were inside the company's Woodstock facility. One of the workers was removing a gas tank from a car. The gas tank had not been emptied. Gasoline spilled out of the tank and was ignited by a nearby inspection lamp. A fire started and the emergency exit was blocked, forcing the workers to run to the other end of the building to escape. All three workers received burns and smoke inhalation.
Woodstock Auto Recyclers Ltd. was fined $55,000 for failing to provide information, instruction and supervision to a worker for the safe removal of a gas tank. The company was also fined $5,000 for failing to ensure that emergency exits were free from obstructions.
The fines were imposed by Justice of the Peace Sonia Aleong. In addition to the fines, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

Court Information at a Glance
Location:                    Ontario Court of Justice
                                    415 Hunter St.
                                    Woodstock, ON
Judge:                         Justice of the Peace Sonia Aleong
Date of Sentencing:     April 23, 2012
Defendant:                   Woodstock Auto Recyclers Ltd.
Matter:                         Occupational Health and Safety
Conviction:                  Occupational Health and Safety Act , Section 25(2)(a)
                                    Ontario Regulation 851, Section 123(2)
Crown Counsel:           David McCaskill

 

 

Welded Tube of Canada Limited Fined $120,000 After Worker Injured

April 26, 2012
Newmarket, ON - Welded Tube of Canada Limited, a Concord steel manufacturer, was fined $120,000 for a violation of the Occupational Health and Safety Act after a worker was injured.
On August 19, 2009, a worker at the company's Concord factory was helping to change over part of a mill used to shape steel sheets into tubes. The worker was standing near the back of the mill when a section of the mill was moved into place using a rack and pinion drive system. The worker's leg was pinched between a moving rack and the mill, breaking the worker's leg.
A Ministry of Labour investigation found that the area of the mill where the worker was standing was not guarded to prevent access to the pinch point between the moving rack and the frame of the mill.
Welded Tube of Canada Limited pleaded guilty to failing to ensure that the machinery was guarded to prevent access to its pinch point.
The fine was imposed by Justice of the Peace Philip Solomon. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.


Court Information at a Glance
Location:                    Ontario Court of Justice
                                    465 Davis Dr.
                                    Newmarket, ON
Judge:                         Justice of the Peace Philip Solomon
Date of Sentencing:    April 24, 2012
Defendant:                  Welded Tube of Canada Limited
Matter:                        Occupational Health and Safety
Conviction:                 Ontario Regulation 851, Section 25
Crown Counsel:       Daniel Kleiman

Tuesday, April 17, 2012

Ministry of Labour: Employment Standards Officers - what they are looking for...

Proactive Inspections

Employment Standards (ES) officers visit businesses across Ontario ‘proactively’, even if no complaint has been filed by an employee. These officers will help you correct areas where your business is not complying with the Act. In most cases, a review of the following 10 standards takes place, which apply to most, but not all, workplaces in Ontario.
  • ESA poster
  • Wage statements
  • Deductions from wages
  • Record keeping
  • Hours of work
  • Eating periods
  • Overtime pay
  • Minimum wage
  • Public holidays
  • Vacation with pay
Officers usually provide advance notice of an intended visit. They will review your records and speak to you and your employees. If there are issues of non-compliance they will discuss these with you and, depending on the nature of the violation, they may provide an opportunity to correct them.ES Officers may also issue orders to pay, tickets or lay charges; courts may impose fines.

For more information:  www.hrnc.ca

Thursday, March 22, 2012

Southwest Glass Products Inc. Fined $50,000 After Worker Injured


Court Bulletin

12-19 For Immediate Release

March 22, 2012
Southwest Glass Products Inc. Fined $50,000 After Worker Injured
London, ON – Southwest Glass Products Inc., a Toronto glass manufacturer, was fined $50,000 for a violation of the Occupational Health and Safety Act after a worker was injured.
On September 9, 2010, at the company’s London plant, a worker was unloading glass sheets from a mechanized conveyor. The worker stumbled and reached out to stop from falling. The worker’s hand made contact with a mechanized roller on the conveyor and was pulled around the roller. The worker lost a finger and a tendon.
A Ministry of Labour investigation found that the employer had installed a guardrail in front of the conveyor but it was removed by workers to make their job easier. At the time of the incident there were no other protective devices to prevent workers from accessing the rollers on that part of the conveyor.
The fine was imposed by Justice of the Peace Jacob Bruinewood. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

Monday, January 16, 2012

Occupational Health and Safety: Your Thoughts?


                The Ontario government seems to release changes to the Occupational Health and Safety Act more often than even the most astute followers of this legislation can keep up with and certainly faster than most business owners can or even care to keep up on. I sometimes wonder if these changes are a) necessary b) valuable and c) followed. What I’ve gathered is that most small business owners give only a fleeting thought to the Health and Safety laws in Canada and it’s not because they don’t care about the objectives set forth in the legislation or the safety and welfare of their employees. In fact in most cases I’ve seen the opposite; most employers are good, morale people who would hate to see anyone seriously injured or in the worst case scenario die on the job but really just don’t see the need for the in depth policy and procedure stipulations set forth in the OHSA. There are many reasons these laws aren’t followed to the letter. A couple common reasons are that, “I’ve never had a serious injury before and if one ever does occur I’ll deal with it then” OR, “my salespeople/office workers aren’t in danger and imposing these laws and rules are time consuming and costly, besides MOL inspectors are rarely around and I’ve told everyone here to work safely”. My questions are - how seriously do you take the OHSA? Do you feel it actually protects workers from injury? Is it an easy enough to implement in your workplace? Do you think the government provides enough resources for you to follow the OHSA or do you think outside help from H&S specialists or HR professionals would be beneficial?