Transcript Surprise Visit! The Ministry of Labour (MOL) at Your

Surprise Visit!
The Ministry of Labour (MOL) at Your
Workplace!
What Do YOU Do?
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Zenobia Siddiqui, BASc, DOHS, CRSP
SafetyON Environmental Inc.
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Let the Numbers Speak
2013-2014
73,000 Field visits
33,000 Workplaces
126 Orders
Source: Ministry of Labour Annual Report
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Let the Numbers Speak
2013-2014
Source: Ministry of Labour Annual Report
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What is Ministry of Labour (MOL)
Occupational Health &
Safety
Employment Rights &
Responsibilities
Labour Relations
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Mandate
 The ministry's mandate is to set,
communicate and enforce workplace
standards while encouraging greater
workplace self-reliance
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Mandate
1.Prevention
2.Internal Responsibility System (IRS)
3.Enforcement
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Prevention
 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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Prevention
Resources
Health and Safety Awareness Training
Posting Requirements
Guide to WHMIS
Guide to the OHSA
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Prevention
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Internal Responsibility System (IRS)
 The IRS means that everyone in the workplace
has a role to play in keeping workplaces safe
and healthy.
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IRS
Employer
Worker
Supervisor
External Parties
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JHSC
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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.
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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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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;
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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;
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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.
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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 worker’s employer
requires to be used or worn.
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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.
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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.
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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 worker’s employer requires to be used
or worn;
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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.
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Duties of workers
(2) No worker shall,
(c) engage in any prank, contest, feat of strength,
unnecessary running or rough and boisterous conduct.
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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.
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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
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Hazards
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Risk Assessment
Recognize
Assess
Control
Evaluate
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Managing Hazard
Hazard
Engineering & Administrative
Control
PPE
Training & Documentation
JHSC
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Enforcement
 Develop and enforce labour legislation
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Enforcement
Occupational Health & Safety Act
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Enforcement
Sector Specific Regulations
• Industrial Establishment
• Construction Projects
• Mines and Mining Plants
• Health Care and Residential Facilities
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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
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Why MOL is visiting you?
 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
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What MOL inspector is looking for?
Inspectors look at everything from housekeeping and
personal protective equipment to training and certification.
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What MOL inspector is looking for
Documentation Review
The inspector will check that all documentation required
under the OHSA is in place:
Policies
 The employer’s 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.
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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.
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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 you’ve been working to improve
ergonomics and safety in your workplace.
Priority Hazards
 The inspector will also pay special attention to the
ministry’s strategic priority hazards: MSDs, falls,
machine safety, and motor vehicle incidents.
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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)]
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What are some of the powers of an inspector?
 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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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)]
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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)]
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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
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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)].
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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.
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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 noncompliance.
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Compliance Orders
Time
Based
Time
Unknown
Stop
Work
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Forthwith
Plan
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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.
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Offences and Penalties
• 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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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.
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Gap Analysis
Gap Analysis
Legislation
WHMIS Reg 860
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.
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Program
Observation
WHMIS
Some workers
were missing
training records.
Gaps
Compliance
Due Diligence
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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Action Plan
ACTION PLAN
Legislation:
Hazard/Non Compliance
Program
Documentation
Training
Chemical Safety
WHMIS
Procedure
Inclass/Online
Tasks
Inspection
Posting
requirements
Timelines
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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Questions
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