OHS Insider Month in Review – May 2018 Ontario
LAWS & ANNOUNCEMENTS
April 4: Inspections are way up; convictions are slightly down but significantly more expensive. Those are the key findings from the MOL’s new report on OHS enforcement activity in Ontario during the previous fiscal year.
Ontario OHS Enforcement & Prosecution Activities: FY 2017 vs. FY 2016
|Metric||FY 2017||FY 2016||+/-|
|Non-compliance orders issued||118,179||127,088||-7%|
|OHS complaints received by MOL||16,122||13,674||+18%|
|OHS conviction fine amounts(1)||$10 million||$9.6 million||+4%|
(1) Doesn’t count 25% victim surcharge amounts
April: The MOL published its OHS Blitz and targeted inspections schedule for the rest of 2018 and early 2019:
MOL’s OHS Targeted Inspection Schedule 2018-2019
|Focus||Target Sector(s)||Type of Initiative||Dates|
|Internal responsibility system – newly registered small businesses||Industrial||Provincial Initiative||April 1 to March 31, 2019|
|Internal responsibility system – occupational disease prevention||Mining||Provincial Initiative||April 1 to March 31, 2019|
|Electrical/mechanical – mine hoist plants||Mining||Provincial Initiative||April 1 to March 31, 2019|
|Internal responsibility system – workplace violence prevention||Health Care||Provincial Initiative||April 1 to March 31, 2019|
|Health care high hazards||Health Care||Provincial Initiative||April 1 to June 30|
|Chemical handling – chemical manufacturing||Cross-sector||Provincial Initiative||April 1 to March 31, 2019|
|WHMIS||Cross-sector||Provincial Initiative||April 1 to March 31, 2019|
|Ergonomics related to falls (ladders, stairs, access platforms)||Cross-sector||Provincial Initiative||April 1 to March 31, 2019|
|Musculoskeletal disorder prevention in metal fabrication||Cross-sector||Provincial Initiative||April 1 to March 31, 2019|
|Municipalities||Cross-sector||Provincial Initiative||April 1 to March 31, 2019|
|Fall protection training||Construction||Blitz||May 1 to June 30|
|New & young worker health & safety||Industrial||Blitz||May 1 to Aug. 31|
|Conveyor guarding||Mining||Blitz||May 21 to July 31|
|Internal responsibility system||Construction||Provincial Initiative||June 1 to March 31, 2019|
|Equipment moving in reverse||Construction||Blitz||Sept. 1 to Oct. 31|
|Mobile equipment||Mining||Blitz||Sept. 17 to Nov. 30|
|Health and safety in warehouses & “big box” retail||Industrial||Blitz||Oct. 1 to Nov. 23|
OHS fines posted in April:
|$90K||Santoro Construction Inc.||Worker killed after falling from 10-foot stepladder while doing electrical wiring in office building||Failure, as a constructor(2), to provide a scaffold, suspended work platform, boatswain’s chair or multi-point suspended work platform for work that can’t be done on or from ground without endangering workers|
|$65K||AZZ Galvanizing Canada Limited||Steel truss that isn’t properly secured falls off a forklift onto a worker causing serious injury||Failure to ensure that an operator attended a lifting device’s controls when its load was in a raised position|
(1) Not counting 25% victim surcharge
(2) Separate trial to be held for victim’s employer
May 4: Public review of proposed OEL revisions ended. In addition to the normal ACGIH tweaks, the MOL is looking to make systemic changes to how OELs are set including:
- Use of Quebec’s Institut de recherche Robert Sauvé en santé et en sécurité du travail(IRSST)model for calculating exposures for irregular work shifts
- A new listing and OEL for diesel particulate matter to Table 1
- Specifically requiring employers to consider substitution of less hazardous substances when applying the hierarchy of control principles to select appropriate chemical safety measures.
Proposed changes to bring OELs into line with the 2016 ACGIH recommendations:
- Adding 4 substances to OEL list: Boron trichloride; Calcium silicate (naturally occurring); Hard metals containing cobalt and tungsten carbide; and Simazine
- Removing one substance from list: Calcium silicate (synthetic nonfibrous)
- Revising OELs for 11 substances: Boron tribromide; Boron trifluoride; Butyl acetates (covering 3 isomers); Cyanogen; Propoxur; Toluene diisocyanate; Triorthocresyl phosphate; and Warfarin.
Proposed changes to bring OELs into line with the 2017 ACGIH recommendations:
- Adding 3 substances to OEL list: Acetamide; Cadusafos; and Folpet
- Revising OELs for 10 substances: Captafol; β-Chloroprene; Ethylene glycol; Formaldehyde; Furfural; Furfuryl alcohol; Hexylene glycol; Phthalic anhydride; Stearates; and Tungsten
- Adding/Removing notations for 9 substances: Acetylene; Butane (all isomers) 2,4-D Ethane; Hydrogen, L.P.G. (Liquefied petroleum gas); Methyl acetylene; Methyl acetylene-propadiene mixture; and Propane.
April 13: Are current WSIB rules for determining if cancers are work-related in line with the latest medical science on how such cancers develop? Ontario kicked off a new review to answer that question.
Workers’ Compensation—Temp Injuries
April 6: The WSIB wants to count injuries and illnesses of temporary workers against your workers’ comp record. Under current rules, temp injuries are charged to the temporary help agency rather than the host employer rather than the temporary help agency. WSIB thinks that the host company should be held accountable for such injuries and illnesses because it controls the worksite where they happen.
May 10: New workers’ comp rules took effect treating workers who get medical assistance in dying as if they died on the job, provided that the illness/injury for which they received the assistance was itself work-related. Newly adopted WSIB Policy 15-06-09, Medical Assistance in Dying, lays out the specific criteria and procedures the agency will follow in implementing the new coverage rules.