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in reply to: Drinking Water Inspections – QC #108171
The best way to answer that question is to give you the actual language of the relevant Regs. You should be able to piece it together from these sources:
1. HERE’S WHAT THE OHS REG SAYS:
OHS Regs: 147. Control: In any establishment supplied with drinking water by a distribution system exempted from the application of Division I of Chapter III, “Quality control of drinking water”, of the Regulation respecting the quality of drinking water (chapter Q-2, r. 40), the employer must have a sample of that water analyzed for the control of total coliform bacteria and Escherichia coli bacteria before the water is put at the disposal of the workers for the first time and, subsequently, once a month.
2. HERE’S THE EXEMPTION REFERRED TO:
QUALITY CONTROL OF DRINKING WATER
DIVISION I
WATER SUPPLIED BY DISTRIBUTION SYSTEMS
10. The provisions of this Division do not apply to a distribution system that supplies only one of the following users:
(1) 20 persons or less;
(2) one or more enterprises;
(3) 20 persons or less and one or more enterprises3. HERE’S WHAT ELSE THE OHS REG SAYS (SECTION 147)
The first and second paragraphs of section 30 of the Regulation respecting the quality of drinking water apply to that sample.
4. HERE’S WHAT SECTION 30 OF THE DRINKING WATER REG SAYS
METHODS, ANALYSES AND RESULTS
30. Every person who is bound by a provision of this Regulation to collect or have collected a water sample for analysis purposes must ensure that the samples are collected and kept in accordance with the provisions of Schedule 4. That person must also ensure that the samples are shipped to the analytical laboratory as soon as possible.
Every person who collects a water sample pursuant to this Regulation must sign the analysis request form that complies with the model provided by the Minister to certify that the sampling, preservation and sending of the sample to the laboratory accredited by the Minister under section 118.6 of the Environment Quality Act (chapter Q-2) have taken place in compliance with the provisions of this Regulation.5. HERE’S THE REMAINDER OF SECTION 147 OF THE OHS REG.
Upon receiving the analyses results, the employer must keep them posted in a visible location that is easily accessible to workers until the following results are received. In default of such a location, the employer must communicate each of the results to the workers by any appropriate means.
To answer your second question, I believe that Quebec is the only province this applies to because the references are to provincial rather than federal law. However, I’m not an expert in environmental laws.
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I hope this helps. If not, post a follow up and I’ll see what I can do to get you what you need. Glenn Demby, OHS Insider, Editor in Chiefin reply to: AED Inspections #108162FOLLOW UP: The Ontario MOL published proposed OHS Regulations for Construction Projects to implement the AEDs requirement for Construction Projects that I talked about in my initial response to your question about inspecting AED equipment. Here are the relevant parts of the new Section 27.1
(7) A defibrillator shall be, (a) maintained and tested in accordance with the manufacturer’s instructions; and (b) inspected on a quarterly basis by a competent worker in accordance with the manufacturer’s instructions.
(8) A record of inspections performed under subsection (7) shall be kept with a defibrillator and shall include the following information: 1. The date of each inspection. 2. The name and signature of the competent worker who performed the inspection
Me, again. The new Regs would take effect on January 1, 2026. Hope this helps.
in reply to: AED Inspections #108161FOLLOW UP: The Ontario MOL published proposed OHS Regulations for Construction Projects to implement the AEDs requirement for Construction Projects that I talked about in my initial response to your question about inspecting AED equipment. Here are the relevant parts of the new Section 27.1
(7) A defibrillator shall be, (a) maintained and tested in accordance with the manufacturer’s instructions; and (b) inspected on a quarterly basis by a competent worker in accordance with the manufacturer’s instructions.
(8) A record of inspections performed under subsection (7) shall be kept with a defibrillator and shall include the following information: 1. The date of each inspection. 2. The name and signature of the competent worker who performed the inspection
Me, again. The new Regs would take effect on January 1, 2026. Hope this helps.
in reply to: AED Inspections #108158It’s not mandatory to install AEDs in a private workplace in any part of Canada. That will change if and when Ontario adopts Bill 30, Working for Workers Seven, which requires AEDs be installed at large construction project sites expected to last at least 3 months. Once the law passes, the MOL will create regulations specifying the details, including how and how often AEDs must be inspected. But that probably won’t happen until 2026.
Meanwhile, if you voluntarily choose to have AEDs at your site, regardless of where in Canada you are or what kind of industry you’re in, your obligation is to maintain and inspect the equipment in accordance with the manufacturer’s recommendations. There’s a lot of excellent content on OHS Insider about how to set up and implement an AED program which specifically addresses inspections, among other things. Just search for “AEDs.” If you have any problems finding the materials on the site, let me know and I’ll help you out.
Glenn Demby, OHS Insider, Editor in Chief
in reply to: Hard Hat and Turban #108083Interesting question. When this question comes up, it’s usually about whether employers have to exempt turbans and other religious head garments from hard hat policies as a reasonable accommodation for a worker’s religion. But this is about adjusting the religious gear to the safety gear. Let me do some research. But can you tell me what jurisdiction you’re in so I can see if there are any government OHS guidelines on the subject? Thanks.
in reply to: Lost Time Frequency calculation #107915Fair question. It occurred to me that experience rating wasn’t what you were after. I did look into this but couldn’t find anything addressing the denied claims issue other than in the premiums setting sections of the respective WCB Policy Manuals. Two suggestions:
1. Call the WCB of your jurisdiction and ask them directly.
2. Email my colleague Haley O’Halloran–haleyo@bongarde.com–about setting up an OHSI members survey so we can convass our member base. Tell her I recommended you if you want to pursue that route.I’ll keep my eyes open in the meantime.
in reply to: Lost Time Frequency calculation #107805I researched Alberta, BC and Ontario:
Alberta: In calculating an employer’s experience rating for the year, the WCB considers BOTH the number of claims AND total claim costs, among other factors. https://www.wcb.ab.ca/assets/pdfs/public/policy/manual/printable_pdfs/0702_1.pdf
BC: “POLICY As a general rule, all acceptable claims coded to a particular firm are counted for experience rating purposes. Whether the firm was at fault is not considered.” ASSESSMENT MANUAL, Experience Rating Cost ITEM: AP5-247-2 Inclusions/Exclusions
The notion that only accepted claims count toward ER is reinforced by the ASSESSMENT MANUAL policy on the Experience Rating plan which notes that ER adjustments are based solely on claims costs and that the Board’s admin costs don’t get counted in ER calculations. In addition, the claims costs that are included are subject to caps of 100% of the first $70,000; 50% of the next $50,000; and 10% of all costs above $120,000.
ONTARIO: Like BC, Ontario counts just accepted claims. Here’s a cite from the WSIB NEER Policy: “The premium rate calculation methodology considers all of an employer’s insurable earnings, claim count and the associated claim costs over the six year period before the year premium rates are set. . . . THE CLAIM COUNT REFERS TO ALLOWED CLAIMS with an accident date within the review period. The claim costs refer to the actual costs that are paid in respect of claims with an accident date falling within the review period. (emphasis added) https://www.wsib.ca/en/operational-policy-manual/employer-level-premium-rate-setting
I didn’t research any of the other provinces but will if there’s a specific province you want me to look in. But at the end of the day, counting just accepted claims makes sense because it’s in line with the overall workers’ comp policy of allocating premiums to employers based on how much they cost the workers’ comp system; moreover, employers are still required to report all time loss injuries to the WCB regardless of whether the claim is compensable.
Hope this helps. Loop back with me if you have any further questions or want me to follow up. Glenn D
in reply to: Lost Time Frequency calculation #107804That’s a tricky question that will require some research. I’ll do the research and get back to you in the next couple of days. For now, what I CAN tell you is that:
1. Whether a denied claim counts toward lost time frequency is dictated not by industry standard but the requirements of the workers’ comp laws themselves, specifically, the definition of “lost time.” That’s what I need to research.
2. My theory is that the rules governing what you include in your lost time injury frequency rate is based on whether a worker actually misses time rather than whether the WCB accepted the claim. But I need to do the research to see if that theory holds water.
3. FWIW, I believe that most WCBs in Canada count only accepted claims when calculating their own provincial lost-time injury rates, injury totals and fatality totals.
. . . to be continued. Glenn Demby, OHS Insider, Editor in Chief
in reply to: Lost Time Frequency calculation #107305Great question. The standard might not be the same in all parts of the country. What jurisdiction are you in with regard to workers’ comp? I will be out tomorrow but will try to get you an answer by the end of the day Monday. Is that acceptable? If not, call me at 203 984-9433 and I’ll try to patch something together. Glenn Demby
in reply to: internal JHSC certification training module #107135Where JHSC certification training is expressly required by OHS laws, which is the case in 4 provinces–Ontario, Alberta, Newfoundland and Quebec, I believe–it must be delivered by a govt approved trainer using a govt approved course. In other words, a company can’t just develop its own inhouse program and use it to satisfy the OHS requirement. However, such a training module might still be useful to acquaint JHSC members and co-chairs about committee functions, powers, rights, etc., in any of the 10 jurisdictions where JHSC certification training isn’t specifically required. This might help https://ohsinsider.com/how-to-perform-a-jhsc-training-compliance-audit/
in reply to: internal JHSC certification training module #107124Generally, JHSC certification training, where it’s required, must be delivered by an officially certified/govt approved provider. But I can’t give you a precise answer unless I know what province you’re in (or whether you’re federally regulated). LMK and I’ll follow up.
in reply to: Working in Traffic with Bucket Truck #106979Yes
in reply to: OHC Members #106977Great question. Sask’s rules are a bit unusual. As in most other provinces, employers must designate the employer members; the weird thing is that they also designate the worker members. However, the Act stipulates that no person can be designated as a worker member unless he/she:
(a) is elected by the workers at the place of employment for that purpose; or
(b) is appointed from the place of employment in accordance with the constitution or bylaws of the union of which the workers are members.
If there’s more than one union, they must all agree on who to designate and the workers must vote to approve the agreement (Sask Employment Act, Sec 3-22(4)) Glenn Demby, OHS Insider, Editor-in-Chief
Sask. OHS Regs. aren’t much help, I’m afraid. Thus, Section 25‑3(1) requires employers to ensure that portable fire extinguishers “are selected, located, INSPECTED, maintained and tested so that the health and safety of workers at the place of employment is protected” (emphasis added) but don’t specify a frequency. I’d suggest you check what your local fire code requires for your type of establishment. Glenn Demby. OHS Insider Editor-in-Chief
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