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Ontario’s Pearl Harbor Approach to OHS Regulation and Enforcement

August 18th, 2009

Ontario thinks it’s the centre of the OHS universe. When you write a Canadian compliance newsletter, you learn this real quick.

Is Ontario’s Claim to Leadership Just a Sham?

I get the Ontario = Canada mentality. After all, Ontario is the biggest province. And 40 years ago, when Canada started adopting OHS laws, Ontario’s legislation became the model for other provinces. Ontario’s OHS inspection and enforcement system was also second to none.

But that was then and this is now. When Robin writes Safety Compliance Insider, she digs out the OHS laws of every province and territory (and federal). I look at the laws of BC, Manitoba, Saskatchewan and Nova Scotia and I see detailed regulations on modern hazards like workplace violence, working in isolation , ergonomics — even heat and cold stress . But Ontario doesn’t have regulations for these hazards.

Of course, Ontario does regulate those hazards. But it’s backdoor. The “regulation” takes the form of Ministry of Labour guidelines that are treated like official laws. At the same time, OHS enforcement in Ontario is still the most aggressive in Canada.

Exhibit A: A couple of years ago, the MOL ran an inspection campaign called Operation Pains and Strains targeting ergonomic hazards. As an enforcement program, Pains and Strains was great. But it was enforcing a law that wasn’t a law. Ontario has no ergonomics regulation—just MOL guidelines. I’m all for regulating ergonomic hazards; but for goodness sake, it should be done legitimately via regulation like in other provinces.

Ontario: Clean Up Your Act

Signs of change are in the air. Ontario is getting close to adopting a workplace violence regulation. But the province still has a long way to go to modernize its OHS legislation. Until it does, the name Ontario will stand for Obligations Not Transparent And Regulation Is Open-Ended.

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