The 15 Legal Changes That Would Have to Be Made

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You can’t make an omelet without breaking some eggs. OHS Reform is inevitably a political process that will require changes to existing OHS laws. There are 2 ways the government can effect these changes, depending on what law it’s trying to change:

Statutory changes, or amendments to the OHS Act, will have to be passed by the Assembly.

Regulatory changes, or amendments to the regulations under the OHS Act, such as the Construction Regs. or Industrial  Establishment Regs., can be adopted via publication in the The Ontario Gazette.

Clearly, regulatory changes are easier to adopt because they don’t have to go through the Assembly.

Adopting all of the Dean Report recommendations will require at least 15 different statutory or regulatory changes. Here’s a visual summary:

Recommendation

Required Statutory Change

Required Regulatory Change

*New prevention organization + Chief Prevention Officer + Prevention Council

New provisions will have to be added to OHS Act creating new bodies and listing their powers

 

*Mandatory posting of new OHS poster in multiple languages

Posting obligation will have to be added to employers’ duties under OHS Act Sec. 25

MOL will have to create the new poster

*Mandatory training of health & safety representatives

Will require amendment to Sec. 8 of OHS Act

Will require minor regulatory change to implement

*Mandatory entry level awareness training for workers

Training obligation will have to be added to employers’ duties under OHS Act Sec. 25

MOL will have to develop awareness training program—assuming government adopts part of recommendation that government offer training for free

*Mandatory awareness training for front line supervisors

Training obligation will have to be added to employers’ duties under OHS Act Sec. 25

MOL will have to develop awareness training program—assuming government adopts part of recommendation that government offer training for free

*Mandatory entry level health & safety training for construction workers

Training obligation will have to be added to employers’ duties under OHS Act Sec. 25

May require new regulation or amendment to Construction Reg.

*Mandatory fall protection training

Training obligation will have to be added to employers’ duties under OHS Act Sec. 25

May require new regulation or amendment to Construction, Indust. Est. and other Regulations affecting sectors in which workers work at heights.

Let single co-chair of JHSC make written recommendation to which employer must respond in cases of deadlock

Will require amendment to Sec. 9 of OHS Act

 

Let MOL issue Administrative Monetary Penalties (AMPs) for willful and repeat violations

Will require adding a new provision to OHS Act

New regulation will probably have to be adopted governing issuance and appeal of AMPs

Set fines for OHS offences

Will require amendment to Provincial Offences Act listing fine amounts for OHS offences

New regulations for farming operations

 

Will require amendment to existing Farming Operations Reg. or creation of new one

Cross-sector regulations for high-risk hazards

 

Will require creation of new cross-sector regulation

Pre-start health and safety reviews for technical, complex work situations

 

Will require amendment to WSIA regulations or creation of new regulations

Posting of NOPs and Form 1000s at construction projects

 

Will require amendments to Construction Reg.

Make it easier for workers to bring reprisal complaints

May require amendment to Sec. 50 of OHS Act

May require amendments to Ontario Labour Relations Board Rules

*Recommendations with asterisks are those listed by the Dean Report as being priority items.