[vickyp]

in reply to: what-are-alberta-industries-doing-for-recertification-of-first-aiders-do-you-treat-reluctance-to-take-the-recertification-as-an-investigable-hs-concern-or-leave-it-be-until-this-pandemic-turns-end #103344

Great question. Would you like us to pose it to the OHSI members’ If so, we can set up a survey. Please let me know glennd@bongarde.com

[vickyp]

in reply to: federal-annual-workplace-committee-report #103343

No, I haven’t heard anything specifically on this. However, I’d be inclined to treat them as reportable occupational diseases only to the extent you know for sure that the employee contracted the infection as a result of a work exposure. Example: An employee gets COVID a few days after being in a confined space without ventilation or PPE with other workers later confirmed as having the infection at the time. But these cases will be the exception, I suspect. Normally, you won’t be able to tell for sure if the employee’s COVID was due to work exposure. And for those cases, I would NOT count them as a reportable occupational illness. Just my opinion, but it’s based on guidance from various workers comp boards around the country. Glenn

[vickyp]

in reply to: Private: OHS Section 25-2(3) #103342

Good question. Fire Codes and OHS rules require having fire extinguishers. Sec. 25.2 of the OHS Regs. requires you to establish and implement a fire safety plan–but it need only provide for sounding the alarm, calling the fire dept. and evacuating. You also need to run fire drills to practice doing those things, especially evacuating.

Technically, the plan doesn’t have to include firefighting and fire extinguisher use. However, if it does, Section 25.2(2)(d) says the plan must provide for training “designated persons and workers in their responsibilities for fire safety.” In other words, anybody your plan entrusts with using a fire extinguisher needs to be trained in how to use it, including their location, mode of operation, capabilities and limitations.

Of course, this is just the bare minimum for a generic workplace. If your workplace contains flammable, combustible or explosive materials, it’s subject to much more stringent OHS fire safety rules. Fire extinguisher training is also generally good practice, even if you’re not keeping dangerous stuff and your fire plan doesn’t impose fire fighting duties on your workers. Hope that helps and sorry again to have kept you waiting.

[vickyp]

in reply to: Private: OHS Section 25-2(3) #103341

Glenda: I apologize. Your question got lost while we were transitioning to the new site. A few others did as well and I’m trying to answer them now. Having said that, I don’t really understand what you’re asking. It would help to know which jurisdiction you’re in. And what’s the specific question’ Since I kept you waiting so long, you can use my office gmail, glennd@bongarde.com, to speed up the process. Thanks and sorry again.

[vickyp]

in reply to: COVID-19 Workplace Testing (Manitoba) #103340

I’m sorry for the lateness of my reply but I hadn’t seen the question until now. Jordan’s answer is right but I would clarify that public health protocols of ALL jurisdictions not only permit but require you to bar entry to any worker showing COVID-19 symptoms, regardless of vaccination status. You shouldn’t let the individual return unless he/she can produce proof of a negative COVID molecular PCR test within the past 72 hours. A negative rapid antigen test result will suffice only for the asymptomatic and is not enough to confirm lack of COVID for an individual displaying symptoms. Thanks for your patience and, Jordan, thanks for weighing in. Glenn

[vickyp]

in reply to: COVID-19 Workplace Testing (Manitoba) #103339

Depends on your internal policies and public health requirements/guidance in your particular jurisdiction. In my workplace in Ontario, we still have mandatory active screening. If an employee has symptoms they would not pass the screening and would not be allowed past the entrance screening stations. we have had temp. checks in the past but did not find them effective. we implemented a vaccination policy which requires anyone coming on site to be double vaccinated. We also implemented a grace period where rapid testing was performed by our security staff at screening for those employees and visitors who had one vaccine dose but not their second yet. if they were negative they could proceed on site. That period just recently ended. No more rapid testing. if you are not doubled vacc’d you can’t come on site.

[vickyp]

in reply to: Can an undocumented worker hired by a temp agency receive WSIB coverage? #103338

First, my apologies for the delay. We recently transitioned to a new OHSI site and a few questions, including yours, got lost. The only reason I spotted the question is that one of our users gmailed me telling me about it. 
Caveat: I’m far from an expert on workers comp coverage. However, I’m pretty sure that in most provinces, including Ontario, the temp agency rather than the host employer is responsible for registration with WSIB covering temp workers. From the WSIB site: “Agencies are assigned a separate premium rate for the business activity of supplying workers and for each premium rate setting class to which they supply workers. Agencies that are also engaged in a business activity that is not related to the supply of workers are assigned a separate premium rate for that business activity.” 
Here’s the entire WSIB Policy: https://www.wsib.ca/en/operational-policy-manual/temporary-employment-agencies 
Policy 14-01-08
The WSIB applies special classification rules to temporary employment agencies (TEAs).
With respect to:

• the workers they supply to client employers, TEAs are classified based on the classifications of their client employers. 
• the business activity itself of supplying workers, TEAs are classified in North American Industry Classification System (NAICS) code 561320 (Temporary Help Services). 
• any non-supply of worker business activities, TEAs are classified based on the rules set out in 14-01-01, The Classification Structure. 

TEAs are assigned a separate premium rate for the business activity of supplying workers and for each premium rate setting class to which they supply workers. TEAs that are also engaged in a business activity that is not related to the supply of workers are assigned a separate premium rate for that business activity.
Purpose
The purpose of this policy is to:

• outline the special classification rules that apply to TEAs, and
• promote health and safety by classifying TEAs and their client employers in the same manner and generally aligning their premium rates. 

Guidelines
General
An employer who supplies workers to perform work for another employer on a temporary basis for a fee, which includes other types of remuneration, is considered a TEA. TEAs are included in Schedule 1.
An employer who receives workers from a TEA on a temporary basis for a fee is considered a client employer. 
Classification
With respect to the workers TEAs supply to client employer(s), TEAs are classified in the premium rate setting class or classes of the client employer(s). 
For the purposes of this policy, references to classes should be read to include subclasses.
The premium rate setting class of the client employer is the class assigned by the WSIB for premium rate setting purposes; see 14-01-07, Single and Multiple Premium Rates.
Client employers not included in Schedule 1
A TEA that supplies workers to: 

• a Schedule 2 client employer, or 
• a client employer that is not mandatorily covered under Schedule 1 and has not applied for Schedule 1 coverage,

is classified in the premium rate setting class the WSIB determines best represent the business activity of the client employer. 
The business activity of supplying workers
TEAs may also be classified in NAICS code 561320 because they engage in the business activity of supplying workers. Their operations that are incidental to that business activity are considered ancillary and are classified in NAICS code 561320.
TEAs that do not employ workers to perform support activities for their business activity of supplying workers (e.g., when those support activities are exclusively performed by the sole proprietor, partner(s) or executive officer(s)), are generally not classified in NAICS code 561320.
Classification information
TEAs are responsible for obtaining the information from client employers that is necessary for the WSIB to classify them based on the methods described in this policy. TEAs must provide that information to the WSIB upon request. 
TEAs are responsible for reporting a material change in circumstances, including when they begin to supply workers to a premium rate setting class in which the TEA is not currently classified. For the policy on material change in circumstances, see 22-01-01, Material Change in Circumstances – Employer.
If a TEA is supplying workers to a client employer and the client employer’s premium rate setting class changes, the TEA’s classification, with respect to those workers, also changes to align with the client employer. The change is applied going forward from the point the TEA is made aware of the change. 
Payroll and wage records
TEAs are required to maintain segregated payroll and wage records for:

• each premium rate setting class (or classes) of the client employers to which they supply workers, and the legal names of the client employers,
• their operations classified in NAICS code 561320, and
• any 6-digit NAICS codes related to non-supply of worker business activities (if applicable). 

If a worker is supplied to more than one premium rate setting class of an individual client employer, the TEA must report the worker’s payroll and wage records in the premium rate setting class the worker primarily supports.
Premium rate assignment 
TEAs are assigned a separate premium rate for:

• each premium rate setting class of their client employer(s) they are classified in,
• their operations classified in NAICS code 561320, and
• any non-supply of worker business activities.

For a description of how premium rates are set, see 14-02-01, Employer Level Premium Rate Setting.
Exception
If a TEA does not maintain segregated payroll and wage records, they are assigned a single class and premium rate. 
To determine the class they are assigned, the WSIB considers: 

• the premium rate setting class (or classes) to which they supply, or have previously supplied, workers*,
• the class that contains NAICS code 561320, and
• the class (or classes) that contains their non-supply of worker business activities (if applicable).

The TEA is assigned the class above with the highest class average premium rate. 
*A TEA may request the WSIB not consider a premium rate setting class to which they have previously supplied workers if they have not supplied workers to it for at least one year.
Application date
This policy applies to all decisions made on or after March 1, 2021.
Policy review schedule
This policy will be reviewed in 2025.
*****
Glenn again. I hope this answers your question. If not, check back with me at glennd@bongarde.com 

[vickyp]

in reply to: Ontario OHS Act, Regulation, Code #103337

I’m creating a training slide, so perhaps it is best if I say the OHS Act for Ontario and applicable OHS Regulations by industry and hazard. I think if I put the Ministry of Labour website link, then they could just search of topic of interest to them (if they wanted to). Does that work?

[vickyp]

in reply to: Ontario OHS Act, Regulation, Code #103336

Hi Glenn – I’m in the information technology field

[vickyp]

in reply to: Ontario OHS Act, Regulation, Code #103335

The OHS Act is the same for everyone. But unlike Alberta, Ontario scatters its OHS Regulations by industry and also by hazard. I’m going to assume you’re in a sector like manufacturing that’s subject to the Industrial Establishments Reg. But there are also corresponding regulations for Construction Projects, Oil and Gas, Mining, Hospitals and Healthcare, Diving, etc. So, please get back to me and let me know what sector you’re in so I can follow up if necessary: 
OHS Act: https://www.canlii.org/en/on/laws/stat/rso-1990-c-o1/latest/rso-1990-c-o1.html
REGS.
OHS Indust Estabs Reg https://www.canlii.org/en/on/laws/regu/rro-1990-reg-851/latest/rro-1990-reg-851.html
Confined Spaces Reg. https://www.canlii.org/en/on/laws/regu/o-reg-632-05/latest/o-reg-632-05.html
Biological Agent Exposure https://www.canlii.org/en/on/laws/regu/o-reg-632-05/latest/o-reg-632-05.html
Designated Substances https://www.canlii.org/en/on/laws/regu/o-reg-632-05/latest/o-reg-632-05.html
JHSC Exemptions https://www.canlii.org/en/on/laws/regu/o-reg-632-05/latest/o-reg-632-05.html
Needle Safety https://www.canlii.org/en/on/laws/regu/o-reg-474-07/latest/o-reg-474-07.html
Noise https://www.canlii.org/en/on/laws/regu/o-reg-381-15/latest/o-reg-381-15.html
Notification and Incident Reporting https://www.canlii.org/en/on/laws/regu/o-reg-420-21/latest/o-reg-420-21.html
OHS Awareness Training https://www.canlii.org/en/on/laws/regu/o-reg-297-13/latest/o-reg-297-13.html
Roll-Over Protective Structures https://www.canlii.org/en/on/laws/regu/o-reg-297-13/latest/o-reg-297-13.html
WHMIS https://www.canlii.org/en/on/laws/regu/rro-1990-reg-860/latest/rro-1990-reg-860.html
X-Ray Safety https://www.canlii.org/en/on/laws/regu/rro-1990-reg-861/latest/rro-1990-reg-861.html
Other Regs you may still need, depending on your sector and operations: Construction Projects, Designated Substances–Asbestos on Const Projects, Diving, Farming Operations, Firefighting Protective Equipment, Healthcare Facilities, Mines and Mining Plants, Oil and Gas Offshore, Teachers, University Academics and Teaching Assistants, Window Cleaning. Get back to me if you need any of the above. Glenn
 

[vickyp]

in reply to: Private: Head of Compliance #103334

is there contact information for them’ for reports to be submitted to ‘ ect…

[vickyp]

in reply to: Private: Head of Compliance #103333

Head means the Head of Compliance and Enforcement designated under subsection 122.21(1) of the Canada Labour Code. Sec. 122.21 (1) says that the Minister of Labour may designate a person as Head of Compliance and Enforcement. If no Head is designated under subsection (1), the Minister acts as the Head. All of this is just legalese meaning OHS officials at the Ministry of Labour, to whom the Head delegates. In other words, the Head is basically somebody in the MOL Regional Office.

[vickyp]

in reply to: Private: Terms of Office- Policy and Workplace Committee #103332

Sec. 135.1 of the Canada Labour Code does leave a little bit of leeway for policy committees. Here are the relevant provisions. Does that help’ 

• Exception — policy committee
  (2) Despite subsection (1) and if provided in a collective agreement or other agreement, the members of a policy committee may include persons who are not employees.
• Exception — work place committee
  (3) If there is no policy committee, a work place committee may, when dealing with an issue that would have come within the responsibilities of a policy committee, select two additional members. Unless otherwise provided in a collective agreement or other agreement, one of the additional members shall be an employee who meets the criteria set out in paragraphs (1)(a) and (b).
• Notification
  (4) If a trade union fails to select a person under subparagraph (1)(b)(ii), the Head may notify in writing the local branch of the trade union, and shall send a copy of any such notification to the trade union’s national or international headquarters and to the employer, indicating that the committee is not established until a person is selected in accordance with that subparagraph.
• Failure to select
  (5) If no person is selected under paragraph (1)(b), the employer shall perform the functions of the committee until a person is selected and the committee is established.

• Alternate members
  (6) The employer and employees may select alternate members to serve as replacements for members selected by them who are unable to perform their functions. Alternate members for employee members shall meet the criteria set out in paragraphs (1)(a) and (b).

[vickyp]

in reply to: Private: Terms of Office- Policy and Workplace Committee #103331

Kind of… so if we have a committee at Head Office of the division every two years the members and chairs have to change’. if there is no member that wants to sit on the policy committee can the previous member hold, the seat?

[vickyp]

in reply to: Private: Terms of Office- Policy and Workplace Committee #103330

No, there are no exceptions to the 2-year membership limitation rule. For a quorum to exist, the majority of members must be present, at least half of which are worker reps. and at least 1 employer rep. If there’s a quorum, the committee can transact business. Does that help?

[Author]

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