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Yes, as long as the PDF is accessible to all workers at the workplace at all times.
Explanation: Section 125(1)(d) of Canada Labour Code says that a copy of the OHS provisions of the Code must be “readily available” to employees in print and electronic form. Although the Code doesn’t define “readily available,” the same term is used in reference to availability of SDS’ under the WHMIS provisions. The fed govt. has published guidance on what “readily available” means in the WHMIS context https://www.canada.ca/en/employment-social-development/programs/laws-regulations/labour/interpretations-policies/availability-safety-data-sheets.html indicating that workers need to be able to access the SDS at any and all times when they’re in the workplace. That same standard would presumably also apply to the PDF copy of the Code required by Sec. 125(1)(d).
I’ve probably told you way more than you need, but as a lawyer I feel compelled to spell out the source of legal authority on which I base my answers. Anyway, I hope this helps and that you have a great weekend and beyond. Glenn Demby
(d) make readily available to employees, in printed and electronic form,- (i) a copy of this Part and a copy of the regulations made under this Part that apply to the work place,
- (ii) a statement of the employer’s general policy concerning the health and safety at work of employees, an
in reply to: Stacking Safety Do’s & Don’ts #103434I’m in Ontario and work in an industrial establishment.
in reply to: Stacking Safety Do’s & Don’ts #103433Yeah, that’s a good question. I went back to my research notes and I believe the 450 mm DO is based on best practice rather than regulatory standards. I’m trying to determine the source of that exact item. Meantime, just to be sure, can you let me know which jurisdiction and which sector you’re in so I can look up the applicable OHS regulations. Thanks. Glenn
in reply to: quorum-for-jhsc #103432Not really. An informal and unofficial meeting can take place but no official business can be transacted without the quorum. Moreover, a meeting without a quorum doesn’t count toward the number of required JHSC meetings. For example, if you held a meeting without a quorum in April, you must hold another meeting WITH a quorum to satisfy the requirement of an April JHSC meeting. Good question and I hope this helps.
in reply to: Alberta – First Aid Kits Maintenance #103431Suggestion
Check out the CSA standard Z1220-17 – First Aid Kits for the Workplace
Some provinces have adopted it in their OHS legislation.
http://community.csagroup.org/ – Create an account (free) and you can view any OHS related standard free online.
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Section 8
Ongoing maintenance of workplace first aid kitsWorkplace first aid kits shall be regularly inspected at periodic intervals to ensure the completeness and usability of all items at all times. The organization should ensure the ongoing maintenance of the workplace first aid kit(s) and the replenishment of kit supplies and equipment as items are used or as they have reached the manufacturer’s recommended expiration date.Note: The minimum inspection period should be not more than 90 days or following any first aid incident where the workplace first aid kit is usedin reply to: Alberta – First Aid Kits Maintenance #103430That’s a great question. The OHS Code doesn’t specify an inspection schedule for first aid kits. So you need to determine what a reasonable inspection interval should be. The first thing to check are the actual items in the kit to determine if they have a shelf life. If so, inspections must be scheduled as often as necessary to ensure that the item is still fresh, usable and not past its expiry date. My personal opinion, which you shouldn’t confuse for legal advice or counsel, is that you should be fine if you incorporate first aid kit checks into your regular workplace inspection schedule. Probably no need to do it any more often than that. Feel free to follow up directly if you have further questions or want to discuss. Glenn glennd@bongarde.com
I I would check out the CCOHS website. They have a number of courses specifically tailored to the Federal Jurisdiction.
Canada Labour Code, Part II: An Overview – $64.00
Federal Hazard Prevention Program – $64.00
Harassment and Violence Prevention for Designated Recipients and Employers – $44.95
Harassment and Violence Prevention for Employees – $19.95
Harassment and Violence Prevention for Managers and Committees/Representatives – $34.95
Hazardous Occurrence Investigations for Federally-Regulated Work Places – $64.00
Health and Safety Committees and Representatives (Canada Labour Code) – $49.00At least it is a starting point.
There may be liability to the extent information about the types of gloves to use to protect against the product’s hazards is material information for purposes of safety. But those obligations would fall on the company that prepared the SDS. If you simply received the SDS from the manufacturer, supplier or distributor, you probably wouldn’t be liable for the omission unless you were aware or should have been aware of it and didn’t seek clarification or correction. Hope that helps. Glenn
in reply to: Fall Rescue Plan #103426Hello Glenn. We are located in Ontario (not federally regulated), we are in the manufacturing industry. We use fall protection for all of our employees that are involved with working at heights (workers using the order picker forklifts and scissor lifts). We do not have access to the roof. Thanks
in reply to: Fall Rescue Plan #103425Sorry, I can’t answer that without more specific info, including: i. which province you’re in, or if you’re federally regulated; ii. which industry you’re in; and iii. information about the specific operation for which fall protection rescue is required. Pls. relay this info to me and I’ll try to answer your question as fast as I can. Thanks. Glenn
in reply to: Private: Fire Safety Plan #103424That’s really helpful. Thanks Glenn
in reply to: Private: Fire Safety Plan #103423Based on what you describe, I’d seriously consider alerting the local fire department and/or leaving the building.
Explanation: While fire and building codes differ by jurisdiction, there’s no question that the building owner has primary responsibility for overall fire safety in the premises. That includes the obligation to establish and implement a fire safety and emergency response plan. In addition, the owner/landlord must share the plan to each tenant in the building, as well as oversee and ensure coordination among the fire safety and evacuation plans of all tenants. The landlord/owner is also responsible for alarm systems and other building fire-related infrastructure.
Hope that helps. Glennin reply to: Private: Retention for health and safety #103422Records retention requirements: https://ohsinsider.com/compliance-cheat-sheet-ohs-records-retention-requirements-across-canada/
Safety checklist for workers who work from home (there are also lots of materials on protecting workers who work alone or in isolation–but I assumed you wanted stuff on telecommuters specifically) https://ohsinsider.com/home-office-safety-checklist/
Hope that helps. If not, circle back with me at glennd@bongarde.comI agree with your interpretation. The problem is that this is a new regulation that hasn’t been tested under actual battle conditions. I wonder if the MOL has even addressed this issue. Because this is so crucial, I suggest reaching out directly to a regional office and asking for their interpretation. While any such response won’t be officially binding, what you want to do is create documentation justifying that you reasonably relied on what the MOL person says. Specifically, you’ll need written records showing:
- What you asked;
- Whom you asked and when;
- What the person answered.
If possible, send a memo documenting the conversation and all of the above information and ask the OHS official with whom you spoke to sign off on it. I think this approach will provide you much more comfort than my indication of agreement with your interpretation. Good luck and feel free to follow up at glennd@bongarde.com. Glenn
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