Regulatory Bodies in Food Service

Regulatory Bodies in Food Service

• A regulatory body is an external organization empowered to oversee and control organizational processes and outputs.
• Regulatory Bodies are responsible to the Government of Ontario, which is in turn accountable to the public.

Rights of Regulatory Bodies

• Regulatory bodies have the right to enter premises for inspection.
• They have the right to observe processes.
• They have the right to ask questions and request information.
• They have the right to stop work, implement process changes, and provide direction.
• They have the right to issue orders, warnings, fines, and closures.
• They have the right to follow up on issues.

Rights of Health Care Personnel during Inspections

• Health care personnel have the right to ask for clarification during inspections.
• They have the right to direct the inspector to the appropriate contact person.
• They have the right to participate in the inspection process.

Accountability

• Accountability is an obligation or willingness to accept responsibility or to account for one's actions.
• It involves being answerable, liable, and responsible.
• In leadership roles, accountability includes acknowledging and assuming responsibility for actions, products, decisions, and policies.
• This includes administration, supervision, and implementation within the scope of the role or employment position.
• It encompasses the obligation to report, explain, and be answerable for resulting consequences.

External Regulatory Bodies

Several external regulatory bodies monitor food service, including:

• Ministry of Labour, focusing on Occupational Health and Safety.
• Ministry of Health and Long Term Care administering the Fixing Long-Term Care Act 2021 (FLTCA), previously the Long Term Care Act, 2007 O.Reg. 246/2.
• Public Health, under the Food Premises Act for safe food handling.
• Public Hospital Act.
• Accreditation Canada, formerly the Canadian Council on Health Services Accreditation.
• Home and Community Care Support Services, transitioning from Local Health Integration Network (LHIN).
• Retirement Homes Act/ORCA which is the Retirement Homes Act/ Ontario Retirement Communities Association.

Ministry of Health and Long Term Care

• Government aims to have LTC facilities meet the needs of their residents.
• LTC Facilities Program includes unannounced inspections by compliance advisors.
• They perform annual reviews that cover all aspects of a home's operations.
• There are on-site visits and interviews with residents, families, and staff.
• Annual reviews identify standards that are not being met.
• Teams of advisors come for annual reviews.
• Compliance advisors also investigate reported complaints or problems, even if reported anonymously.

Long Term Care Homes Act

• Renamed Fixing Long Term Care Homes Act (FLTCA).
• The Long Term Care Homes Act 2007, proclaimed on July 1, 2010, was revoked in April 2022 and replaced with FLTCA.
• O. Reg. 79/10 under the Long-Term Care Homes Act, 2007 was revoked in April 2022 and replaced with O.Reg. 246/22.
• Most revisions pertain to food service and dietary effects on menu planning.

Retirement Homes Act

• Received Royal Assent in July 2010 via Bill 21.
• Governed by the Retirement Homes Act, 2010 Ontario Regulation 166/11 (O.Reg 166/11).
• Retirement Homes Regulatory Authority (RHRA) conducts Routine Inspections (RI) at least once every 3 years.
• Mandatory Report Inspections (MRI) are conducted when there is an allegation of abuse, neglect, improper care, or unlawful conduct, or misuse of residents' funds.
• Complaint Inspections happen when a complaint is received and it inspection is required.

Public Hospital Act

• Includes the Public Hospital Act and the Canada Health Act.
• The administrator is responsible to the Hospital Board and for ensuring compliance with the Act.
• An inspector may enter hospital premises without a warrant to ensure compliance with the Act and Regulations.
• Regulations under the Public Hospitals Act include O. Reg. 553/96 for financial reports by hospital subsidiaries, O. Reg. 459/93 for capital grants and loans, R.R.O. 1990, Reg. 965 for hospital management, and R.R.O. 1990, Reg. 964 for the classification of hospitals.

Accreditation Canada

• Accreditation is a voluntary process.
• In 2008, the new Qmentum Accreditation Program was introduced, enhancing the focus on quality improvement and patient safety.
• The Canadian Council on Health Services Accreditation (CCHSA) became Accreditation Canada.

Qmentum Accreditation

• Qmentum uses various methods to collect data and measure organizational performance.
• Some aspects of care and service are assessed through questionnaires on standards.
• Other aspects are assessed using performance measures such as indicators or instruments.

Indicators/Instruments

• Indicators specify the data to be collected related to various aspects of patient/client care and services.
• Instruments are questionnaires used to collect information on critical aspects of health services.

Standards for the Program

• There are four core sets of standards in the Qmentum program: Governance, Leadership, Infection Prevention and Control, and Medication Management.
• A "Primer" inspection is also available as an introductory/preparatory step for Qmentum.

Required Organizational Practice (ROP)

• Defined as an essential practice organizations must have in place to enhance patient/client safety and minimize risk.
• There are 6 Required Organizational Practices (ROP) with 35 criteria overall.
• National client organizations must comply with all applicable ROPs to receive accreditation.
• Required Organizational Practices have been identified in six patient safety areas: Safety Culture, Communication, Medication Use, Work life/Workforce, Infection Control, and Risk Assessment.

Ministry of Labour

• Focuses on Occupational Health and Safety

Ministry of Labour - Programs

• The Ministry of Labour has three main programs: Employment Standards Program, Occupational Health and Safety, and Labour Relations.
• The Employment Standards Program enforces the Employment Standards Act (ESA) and its regulations.
• Provides information and education to employers and employees.
• Encourages people to understand and comply voluntarily.
• It investigates possible violations and resolves complaints.
• Labour Relations promotes a stable and constructive labor relations climate.
• Fosters productive workplace relationships in Ontario.
• Focus is on settling workplace disputes under various employment-related statutes.
• It assists in the settlement of collective agreements and produces collective bargaining information.

Occupational Health and Safety Act (OHSA)

• Focused on protecting workers' health and safety on the job.
• OHSA establishes procedures for identifying and dealing with workplace hazards.
• Provides for enforcement of the law when compliance is not achieved voluntarily.
• Safe At Work Ontario: province's workplace health and safety compliance strategy
• It focuses on improving workplace health and safety through education, training, and enforcement of provincial legislation and regulations.
• The MOL performs yearly inspections of "high risk" employers based on the number of incidents/WSIB claims.
• It can set fines for ticketing unmet regulations.
• MOL leaves "orders” and can ticket employee or employer.
• It enforces the Act and Regulations as well as inspects premises for employee protection.

Ministry of Labour Blitzes

• Blitzes are announced in advance and posted on the MOL website.
• Results are reported after the blitz inspections are completed.
• The Ministry tracks each sector to determine if blitzes result in increased compliance and a decrease in injuries.

Three Workers' Rights

• Workers have a right to know about workplace health and safety hazards.
• The right to participate in health and safety recommendations through a JH&S committee.
• Workers have the right to refuse work if it endangers health or safety.

Public Health

• Governed by Health Protection and Promotion Act (HPPA).
• R.R.O. 1990, REGULATION 493/17 FOOD PREMISES as well as the Health Protection and Promotion Act, R.S.O. 1990, с. Н.7.
• Also influenced by Health Canada.

Food Safety Code of Practice

• The CRFA Canadian Restaurant and Foodservices Association, now known as RC Restaurants Canada, provides a Food Safety Code of Practice.
• Canadian Food Inspection System includes the Safe Foods for Canadians Regulation and the Canadian Food Inspection Agency.
• The purpose of food premises inspections is to ensure compliance with the Ontario Food Premises Regulation (O. Reg. 493/17) under the HPPA.
• Public Health Inspectors conduct food premises inspections.
• Food inspectors can order the issue to be fixed right away, fixed as soon as possible, or they can close your premises.
• Unannounced or announced inspections are done.
• A food premise inspection reports and HACCP reports are completed.

Hazard Analysis Critical Control Point (HACCP)

• Analyze Hazards: Identify potential hazards to food safety and measures to regulate and control them.
• Identify Critical Control Points (CCPs) throughout the production process.
• Establish CCP Prevention Measures: Implement measures to prevent hazards at all CCPs, such as minimal cooking time or temperature.
• Monitor CCP Prevention Measures: Establish a system to monitor prevention measures at CCPs.
• Address CCP Not Met: Establish precautions when a CCP hasn't been met.
• Maintain HACCP & CCP Log: Maintain a log system of all CCPs and record CCP control methods and actions taken to correct potential problems.

Ontario Health/Housing and Community Care Support

• Formerly Local Health Integration networks (LHINS).
• Under the Local Health System Integration Act, 2006 these are now Housing and Community Care Support Services.
• This legislation gives power at the community level and focuses on the local health system to improve patient results.
• Since April 1, 2021, health system funding moved from the Local Health Integration Networks (LHINs) to Ontario Health.
• LHINs now operate under the name Home and Community Care Support Services.
• Patient care functions, including home care and long-term care home placement services, remain in place.

Roles of Regulatory Bodies

Ontario Health:

• Mandates planning, integration, and funding of health care services in their area.
• Responsible for funding health service providers and for managing service agreements with these providers.
• Does not provide services.

Home and Community Care Support Services (Formerly CCAC):

• Engages people and providers to find out needs and priorities.
• Provides Services.
• Facilitates effective integration of health care services for people to get care, when and where they need it.