www.safetyon.ca Surprise Visit! The Ministry of Labour (MOL) at
Your Workplace! What Do YOU Do? 1
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www.safetyon.ca Zenobia Siddiqui, BASc, DOHS, CRSP SafetyON
Environmental Inc. 2
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www.safetyon.ca Let the Numbers Speak 2013-2014 73,000 Field
visits33,000 Workplaces126 Orders 3 Source: Ministry of Labour
Annual Report
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www.safetyon.ca Let the Numbers Speak 2013-2014 4 Source:
Ministry of Labour Annual Report
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www.safetyon.ca What is Ministry of Labour (MOL) Occupational
Health & Safety Employment Rights & Responsibilities Labour
Relations 5
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Mandate The ministry's mandate is to set, communicate and
enforce workplace standards while encouraging greater workplace
self-reliance 6 www.safetyon.ca
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Mandate 1.Prevention 2.Internal Responsibility System (IRS)
3.Enforcement 7 www.safetyon.ca
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Prevention 8 Strategize to prevent workplace injuries and
illnesses Set standards for health and safety training e.g. fall
protection & Joint Health and Safety Committee (JHSC)
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www.safetyon.ca Prevention Health and Safety Awareness Training
Guide to WHMIS Guide to the OHSA Posting Requirements 9
Resources
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www.safetyon.ca Prevention 10
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www.safetyon.ca Internal Responsibility System (IRS) The IRS
means that everyone in the workplace has a role to play in keeping
workplaces safe and healthy. 11
www.safetyon.ca Employer The employer, typically represented by
senior management, has the greatest responsibilities with respect
to health and safety in the workplace and is responsible for taking
every precaution reasonable in the circumstances for the protection
of a worker. 13
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www.safetyon.ca Employer The employer is responsible for
ensuring that the IRS is established, promoted, and that it
functions successfully. A strong IRS is an important element of a
strong health and safety culture in a workplace. A strong health
and safety culture shows respect for the people in the workplace.
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www.safetyon.ca Duties of employers 25. (1) An employer shall
ensure that, (a)the equipment, materials and protective devices as
prescribed are provided; (b)the measures and procedures prescribed
are carried out in the workplace; 15
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www.safetyon.ca Duties of employers 25. (2) Without limiting
the strict duty imposed by subsection (1), an employer shall,
(a)provide information, instruction and supervision to a worker to
protect the health or safety of the worker; (h) take every
precaution reasonable in the circumstances for the protection of a
worker; 16
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www.safetyon.ca Supervisors Supervisors are responsible for
making workers fully aware of the hazards that may be encountered
on the job or in the workplace Ensuring that they work safely,
responding to any of the hazards brought to their attention,
Including taking every precaution reasonable in the circumstances
for the protection of a worker. 17
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www.safetyon.ca Duties of supervisor 27. (1) A supervisor shall
ensure that a worker, (a) works in the manner and with the
protective devices, measures and procedures required by this Act
and the regulations; and (b) uses or wears the equipment,
protective devices or clothing that the workers employer requires
to be used or worn. 18
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www.safetyon.ca Duties of supervisor 27. (2) (a)advise a worker
of the existence of any potential or actual danger to the health or
safety of the worker of which the supervisor is aware; (b)where so
prescribed, provide a worker with written instructions as to the
measures and procedures to be taken for protection of the worker;
and (c)take every precaution reasonable in the circumstances for
the protection of a worker. R.S.O. 1990, c. O.1, s. 27. 19
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www.safetyon.ca Workers Worker responsibilities include:
reporting hazards in the workplace; working safely and following
safe work practices; using the required personal protective
equipment for the job at hand; participating in health and safety
programs established for the workplace. 20
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www.safetyon.ca Duties of workers 28. (1) A worker shall,
(a)work in compliance with the provisions of this Act and the
regulations; (b) use or wear the equipment, protective devices or
clothing that the workers employer requires to be used or worn;
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www.safetyon.ca Duties of workers (c) report to his or her
employer or supervisor the absence of or defect in any equipment or
protective device of which the worker is aware and which may
endanger himself, herself or another worker; and (d) report to his
or her employer or supervisor any contravention of this Act or the
regulations or the existence of any hazard of which he or she
knows. 22
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www.safetyon.ca Duties of workers (2) No worker shall, (c)
engage in any prank, contest, feat of strength, unnecessary running
or rough and boisterous conduct. 23
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www.safetyon.ca Health and Safety Representatives/ Joint Health
and Safety Committees The health and safety representative, or the
joint health and safety committee (JHSC) where applicable,
contribute to workplace health and safety because of their
involvement with health and safety issues, and by assessing the
effectiveness of the IRS. 24
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www.safetyon.ca Joint health and safety committee 9. (2) A
joint health and safety committee is required, (a) at a workplace
at which twenty or more workers are regularly employed 25
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www.safetyon.ca Hazards 26
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www.safetyon.ca Risk Assessment 27 Recognize Assess Control
Evaluate
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www.safetyon.ca Managing Hazard Hazard Engineering &
Administrative Control PPE 28 Training & Documentation
JHSC
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www.safetyon.ca Develop and enforce labour legislation 29
Enforcement
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Occupational Health & Safety Act 30
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Enforcement Industrial Establishment Construction Projects
Mines and Mining Plants Health Care and Residential Facilities
www.safetyon.ca Sector Specific Regulations 31
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www.safetyon.ca Why MOL is visiting you? Number and severity of
injuries and associated costs Compliance history Hazards inherent
to the work New businesses Size of businesses 32
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www.safetyon.ca Why MOL is visiting you? www.safetyon.ca
Specific events or incidents (e.g., critical injuries or fatal
injuries, or injuries due to violence) Presence of new, young or
other vulnerable workers. Part of the blitz A complaint Random
check 33
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www.safetyon.ca What MOL inspector is looking for? 34
Inspectors look at everything from housekeeping and personal
protective equipment to training and certification.
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www.safetyon.ca What MOL inspector is looking for Documentation
Review The inspector will check that all documentation required
under the OHSA is in place: Policies The employers written
occupational health and safety policy The workplace violence and
harassment policy and the health and safety awareness poster. These
must be displayed in an area accessible by all employees. 35
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www.safetyon.ca What MOL inspector is looking for Records Any
other required documentation that shows workers have been provided
information and instruction on tasks they are required to do may
also be requested. Postings The inspector may ask to see where the
documents are posted and verify that a copy of the act and
regulations is also displayed. 36
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www.safetyon.ca What MOL inspector is looking for Blitz
Inspection blitz and initiatives on a specific health and safety
issue, such as musculoskeletal disorders (MSDs), and ask how youve
been working to improve ergonomics and safety in your workplace.
Priority Hazards The inspector will also pay special attention to
the ministrys strategic priority hazards: MSDs, falls, machine
safety, and motor vehicle incidents. 37
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www.safetyon.ca What are some of the powers of an inspector?
Enter Any workplace without a warrant or notice [clause 54(1)(a)]
Question Any person, either privately or in the presence of someone
else, who may be connected to an inspection, examination or test
[clause 54(1)(h)] 38
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www.safetyon.ca What are some of the powers of an inspector? 39
Sample Handle, use or test any equipment, machinery, material or
agent in the workplace and take away any samples [clauses 54(1)(b)
and (e)] Training Material Look at and copy any material concerning
a worker training program or be able to attend the training
programs [clause 54(1)(p)]
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www.safetyon.ca What are some of the powers of an inspector?
JHSC Direct a joint health and safety committee member representing
workers, or a health and safety representative, to inspect the
workplace at specified intervals [section 55] Test Require the
employer, at his or her expense, to have an expert test and provide
a report on any equipment, machinery, materials, agents, etc.
[clause 54(1)(f)] 40
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www.safetyon.ca What are some of the powers of an inspector?
Operate a machinery Require that any equipment, machinery or
process be operated or set in motion or that a system or procedure
be carried out that may be relevant to an examination, inquiry or
test [clause 54(1)(j)] 41
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www.safetyon.ca What are some of the powers of an inspector?
Professional engineer to test Require the employer, at his or her
expense, to have a professional engineer test any equipment or
machinery and verify that it is not likely to endanger a worker
[clause 54(1)(k)], and stop the use of anything, pending such
testing [clause 54(1)(l)], and 42
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www.safetyon.ca Who can accompany the inspector? The employer
has a duty to afford a worker representative the opportunity to
accompany the inspector during an inspection. This person may be a
worker member of the joint health and safety committee, a health
and safety representative, or another knowledgeable and experienced
worker (selected by the union, if there is one) [subsection 54(3)].
The inspector may also be accompanied by a person with special,
expert or professional knowledge. For example, an inspector may
bring an engineer into a workplace to test machinery for purposes
of operator safety [clause 54(1)(g)]. 43
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www.safetyon.ca Who can accompany the inspector? The Act
requires every person to assist an inspector in the exercise of his
or her powers and duties and in the execution of a search warrant.
It is an offence to interfere in any way with an inspector. This
includes giving false information, failing to give required
information or interfering with any monitoring equipment left in
the workplace. 44
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www.safetyon.ca Enforcement tools Where there is immediate risk
of injury to a worker, a stop work order is issued to prevent work
from continuing until compliance is achieved. Inspectors also can
issue tickets under the Provincial Offences Act or initiate
prosecution for non- compliance.Provincial Offences Act 45
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www.safetyon.ca Compliance Orders Time Based Time Unknown
Forthwith Stop Work Plan 46
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www.safetyon.ca Notice of Compliance Along with any orders, the
inspector will also provide a Notice of Compliance. This form is to
be completed and signed by the employer and health and safety
representative or a joint health and safety committee member. The
worker representative must check a box beside the order to indicate
agreement or disagreement that compliance has been achieved for the
order(s). Once the Notice of Compliance form has been sent to the
inspector, a copy of the field visit report must be posted in the
workplace and a copy provided to the worker representative and
joint health and safety committee. 47
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www.safetyon.ca Offences and Penalties 48 The Ministry of
Labour may prosecute any person for violating the Act or the
regulations, or for failing to comply with an order of an
inspector, a Director of the Ministry of Labour, or the Minister of
Labour[section 66(1)]. In deciding whether or not to prosecute, the
Ministry takes into account factors including, but not limited to,
the seriousness of the offence and whether there have been repeated
contraventions or ignored orders.
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www.safetyon.ca Offences and Penalties If convicted of an
offence under the Act, an individual can be fined up to $25,000
and/or imprisoned for up to 12 months. The maximum fine for a
corporation convicted of an offence is $500,000. 49
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www.safetyon.ca Gap Analysis 50 Gap
AnalysisProgramObservationGapsComplianceDue Diligence Legislation
WHMIS Reg 860 6. (1)6. (1) An employer shall ensure that a worker
who works with or in proximity to a controlled product received
from a supplier is informed about all hazard information the
employer receives from the supplier concerning the controlled
product and all further hazard information of which the employer is
or ought to be aware concerning its use, storage and handling.
WHMISSome workers were missing training records. Training program
is not maintained Ensure training is provided and training records
are maintained Job shadowing Training in predominant language if
required
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www.safetyon.ca Action Plan 51 ACTION PLAN Legislation:
Hazard/Non ComplianceProgramDocumentationTrainingInspection Posting
requirements Chemical SafetyWHMISProcedure In- class/Online
TasksTimelines Review WHMIS procedure as per new GHS requirement
Have JHSC members review Task Owner(s) Status In Progress or
Complete Sustainability Plan
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