Ontario OHSA: Health & Safety Act

• This document discusses occupational health engineering, rules, regulations, and industry standards, specifically focusing on the Ontario Occupational Health and Safety Act (OHSA).

OHSA

• Aims to make Ontario's workplaces safe and healthy.
• Provides a framework and tools to achieve workplace safety.
• Sets out the rights and duties of all parties in the workplace.
• Establishes procedures for dealing with workplace hazards.
• Provides enforcement of the law where compliance has not been achieved voluntarily.
• Legislation continues to evolve, reinforcing the role of Joint Health and Safety Committees (JHSC)
• Legislation continues to evolve by extending the rights, duties, and accountability of all who have a role in workplace, health and safety.

OHSA Components

• Part I: Application (Sections 2-4)
• Part II: Administration (Sections 4.1 -22.1)
• Part II.1: Prevention Council, Chief Prevention Officer, and Designated Entities (Sections 22.2-22.9)
• Part III: Duties of Employers and Other Persons (Sections 23-32)
• Part III.0.1: Violence and Harassment (Sections 32.01-32.07)
• Part III.1: Codes of Practice (Sections 32.1-32.4)
• Part IV: Toxic Substances (Sections 33-42)
• Part V: Right to Refuse Work Where Health and Safety is in Danger (Sections 43-49)
• Part VI: Reprisals by Employer Prohibited (Sections 50-50.1)
• Part VII: Notices (Sections 51-53)
• Part VIII: Enforcement (Sections 54-65)
• Part IX: Offences and Penalties (Sections 66-69)
• Part X: Regulations (Sections 70-71)

Internal Responsibility System (IRS)

• It is a system where everyone in an organization has direct responsibility for health and safety, as an essential part of their job, in a way that suits the kind of work they do.
• Each person should take initiative to solve the health and safety issues and make continuous improvements both individually and co-operatively.
• It is the personal responsibility of a company president to ensure that the entire system of direct responsibility for health and safety within the company is established, promoted and improved over time.
• Proper implementation of the IRS should result in progressively longer intervals between accidents or work-related illnesses.

Keys to a Successfull IRS

• Everyone must have a sincere wish to prevent accidents and illnesses.
• Everyone must accept that accidents and illnesses have causes that can be eliminated or greatly reduced.
• Everyone must accept that risk can be continually reduced, so that the time between accidents and illnesses can get longer and longer.
• Everyone must accept that health and safety is an essential part of doing his or her work
• Every person must have a clear understanding of what he/she is responsible for; what he/she can do to change matters; and when things must be done.
• Every person must be regularly asked to explain what they have done to ensure health and safety on the job and in the workplace.
• Everyone must have a clear understanding of their own skill, ability, and limitations and should have the capacity to carry out their responsibilities.
• Everyone must attempt to avoid conflict when trying to reduce risk.
• As an individual, each person must go beyond just complying with health and safety rules and standards, and strive to improve work processes to reduce risk.
• When an individual cannot reduce risk by him/herself, then they must cooperate with others to go beyond just complying with health and safety rules and standards and strive to improve work processes to reduce risk.
• Everyone must understand the IRS process, believe in it, and take steps to make it effective at all levels in the organization.
• No one should be fearful of reprisals when using IRS processes.

OSHA Associated Regulations

• Regulation 67: Health Care and Residential Facilities
• Regulation 213: Construction Projects
• Regulation 278: Regulation Respecting Asbestos on Construction Projects and in Buildings and Repair Operations
• Regulation 414: Farming Operations
• Regulation 474: Needle Safety
• Regulation 490: Designated Substances
• Regulation 629: Diving Operations
• Regulation 833: Control of Exposure to Biological or Chemical Agents (OEL)

Occupational Exposure Limits (OELs)

• Restrict the amount and duration of time a worker is exposure to airborne concentrations of hazardous biological or chemical agents.
• There are over 725 substances listed under R.R.O. 1990, Regulation 833 (Control of Exposure to Biological and Chemical Agents) and Ontario Regulation 490/09 (Designated Substances).
• The OELs are updated annually based on the revised limits by the American Conference of Governmental Industrial Hygenists (ACGIH).
• This table provides TWA, STEL and C values, where applicable.

Penalties (OSHA Section 66)

• Every person who contravenes or fails to comply with either Act or regulations, an order or requirement of an inspector or a Director, or an order of the Minister, is guilty of an offense and on conviction is liable to a fine of not more than $500,000 / imprisonment for a term of not more than twelve months, or to both.
• If a corporation is convicted of an offense, the maximum fine that may be imposed upon the corporation is $2,000,000.
• A director or officer of a corporation who contravenes or fails to comply with section 32 is guilty of an offence and on conviction is liable to a fine of not more than $1,500,000 or to imprisonment for a term of not more than twelve months, or to both.
• Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with Act and the regulations, orders and requirements of inspectors and Directors; and orders of the Minister.
• Section 32.0 goes into the Violence and Harassment section of the Act as well.