ENH 121 Unit 8 - OHS 2 2024 PDF

Environmental Health Law ENH 121 Unit 8 – The Three Workers’ Rights (The Right to Participate, the Right to Refuse Unsafe Work and the Right to Know) Daniel Huynh BASc School of Occupational and Public Health Toronto Metropolitan University From slides by Dr. Peter Strahlendorf 2024 Unit 8A OHS Law 1 Unit 8 - Contents 1. Right to Participate 2. Right to Refuse Unsafe Work 3. Right to Know Unit 7A OHS Law 2 1. Right to Participate Unit 8A OHS Law 3 The Right to Participate Contents Introduction Ontario – Reps Ontario – JHSCs The Worker Trades Committee Unit 8A OHS Law 4 Ontario The Worker Health and Safety Representative Unit 8A OHS Law 5 Ontario The Worker Health and Safety Representative Note: The Worker H&S Rep in section 8 is not to be confused with the worker representatives on the JHSC, which is the subject of section 9. Unit 8A OHS Law 6 Ontario The Worker Health and Safety Representative 8 (1) At a project or other workplace where no committee is required under section 9 and where the number of workers regularly exceeds five, the constructor or employer shall cause the workers to select at least one health and safety representative from among the workers at the workplace who do not exercise managerial functions. Unit 8A OHS Law 7 Ontario The Worker Health and Safety Representative 8 (2) If no health and safety representative is required under subsection (1) and no committee is required under section 9 for a workplace, the Minister may, by order in writing, require a constructor or employer to cause the workers to select one or more health and safety representatives from among the workers at the workplace or part thereof who do not exercise managerial functions, and may provide in the order for the qualifications of such representatives. Unit 8A OHS Law 8 Ontario The Worker Health and Safety Representative 8 (3) The Minister may from time to time give such directions as the Minister considers advisable concerning the carrying out of the functions of a health and safety representative. (4) In exercising the power conferred by subsection (2), the Minister shall consider the matters set out in subsection 9(5). Unit 8A OHS Law 9 Ontario The Worker Health and Safety Representative 8 (5) The selection of a health and safety representative shall be made by those workers who do not exercise managerial functions and who will be represented by the health and safety representative in the workplace, or the part or parts thereof, as the case may be, or, where there is a trade union or trade unions representing such workers, by the trade union or trade unions. Unit 8A OHS Law 10 H&S representative training - REPEALED “Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 is amended by adding the following subsections:...” Unit 8A OHS Law 11 H&S representative training - REPEALED Unit 8A OHS Law 12 Ontario The Worker Health and Safety Representative 8 (6) Unless otherwise required by the regulations or by an order by an inspector, a health and safety representative shall inspect the physical condition of the workplace at least once a month. (7) If it is not practical to inspect the work place at least once a month, the health and safety representative shall inspect the physical condition of the workplace at least once a year, inspecting at least part of the workplace in each month. Unit 8A OHS Law 13 Ontario The Worker Health and Safety Representative 8 (8) The inspection required by subsection (7) shall be undertaken in accordance with a schedule agreed upon by the constructor or employer and the health and safety representative. (9) The constructor, employer and workers shall provide a health and safety representative with such information and assistance as the member may require for the purpose of carrying out an inspection of the workplace. Unit 8A OHS Law 14 Ontario The Worker Health and Safety Representative 8 (10) A health and safety representative has power to identify situations that may be a source of danger or hazard to workers and to make recommendations or report his or her findings thereon to the employer, the workers and the trade union or trade unions representing the workers. Unit 8A OHS Law 15 Ontario The Worker Health and Safety Representative 8 (11) A health and safety representative has the power, (a) to obtain information from the constructor or employer concerning the conducting or taking of tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent in or about a workplace for the purpose of occupational health and safety; Unit 8A OHS Law 16 Ontario The Worker Health and Safety Representative (b) to be consulted about, and be present at the beginning of, testing referred to in clause (a) conducted in or about the workplace if the representative believes his or her presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid; and (c) to obtain information from the constructor or employer respecting, (i) the identification of potential or existing hazards of materials, processes or equipment, and (ii) health and safety experience and work practices and standards in similar or other industries of which the constructor or employerUnithas knowledge. 8A OHS Law 17 Ontario The Worker Health and Safety Representative Response to recommendations 8 (12) A constructor or employer who receives written recommendations from a health and safety representative shall respond in writing within twenty- one days. (13) A response of a constructor or employer under subsection (12) shall contain a timetable for implementing the recommendations the constructor or employer agrees with and give reasons why the constructor or employer disagrees with any recommendations that the constructor or employer does not accept. Unit 8A OHS Law 18 Ontario The Worker Health and Safety Representative 8 (14) Where a person is killed or critically injured at a workplace from any cause, the health and safety representative may, subject to subsection 51(2), inspect the place where the accident occurred and any machine, device or thing, and shall report his or her findings in writing to a Director. Unit 8A OHS Law 19 Ontario The Worker Health and Safety Representative 8 (15) A health and safety representative is entitled to take such time from work as is necessary to carry out his or her duties under subsections (6) and (14) and the time so spent shall be deemed to be work time for which the representative shall be paid by his or her employer at the representative's regular or premium rate as may be proper. Unit 8A OHS Law 20 Ontario The Worker Health and Safety Representative 8 (16) A health and safety representative or representatives of like nature appointed or selected under the provisions of a collective agreement or other agreement or arrangement between the constructor or the employer and the workers, has, in addition to his or her functions and powers under the provisions of the collective agreement or other agreement or arrangement, the functions and powers conferred upon a health and safety representative by this section. Unit 8A OHS Law 21 Ontario The Joint Health and Safety Committee (JHSC) Unit 8A OHS Law 22 Ontario The Joint Health and Safety Committee (JHSC) 9 (1) Subject to subsection (3), this section does not apply, (a) to a constructor at a project at which work is expected to last less than three months; or (b) to a prescribed employer or workplace or class of employers or workplaces. Unit 8A OHS Law 23 Ontario The Joint Health and Safety Committee (JHSC) 9 (2) A joint health and safety committee is required, (a) at a workplace at which twenty or more workers are regularly employed; (b) at a workplace with respect to which an order to an employer is in effect under section 33; or (c) at a workplace, other than a construction project where fewer than twenty workers are regularly employed, with respect to which a regulation concerning designated substances applies. Unit 8A OHS Law 24 Ontario The Joint Health and Safety Committee (JHSC) Minister’s order 9 (3) Despite subsections (1) and (2), the Minister may, by order in writing, require a constructor or an employer to establish and maintain one or more joint health and safety committees for a workplace or a part thereof, and may, in such order, provide for the composition, practice and procedure of any committee so established. Unit 8A OHS Law 25 Ontario The Joint Health and Safety Committee (JHSC) Same 9 (3.1) Despite subsections (1) and (2), the Minister may, by order in writing, permit a constructor or an employer to establish and maintain one joint health and safety committee for more than one workplace or parts thereof, and may, in the order, provide for the composition, practice and procedure of any committee so established. Unit 8A OHS Law 26 Ontario The Joint Health and Safety Committee (JHSC) Same 9 (3.2) In an order under subsection (3.1), the Minister may, (a) provide that the members of a committee who represent workers may designate a worker at a workplace who is not a member of the committee to inspect the physical condition of the workplace under subsection 9 (23) and to exercise a committee member’s rights and responsibilities under clause 43 (4) (a) and subsections 43 (7), (11) and (12); and (b) require the employer to provide training to the worker to enable the worker to adequately perform the tasks or exercise the rights and responsibilities delegated by the committee. Unit 8A OHS Law 27 Ontario The Joint Health and Safety Committee Same (JHSC) 9 (3.3) If a worker is designated under clause (3.2) (a), the following apply: 1. The designated worker shall comply with this section as if the worker were a committee member while exercising a committee member’s rights and responsibilities. 2. Subsections 9 (35) and 43 (13), section 55, clauses 62 (5) (a) and (b) and subsection 65 (1) apply to the designated worker as if the worker were a committee member while the worker exercises a committee member’s rights and responsibilities. 3. The worker does not become a member of the committee as a result of the designation. Unit 8A OHS Law 28 Ontario The Joint Health and Safety Committee (JHSC) Establishment of committee 9 (4) The constructor or employer shall cause a joint health and safety committee to be established and maintained at the workplace unless the Minister is satisfied that a committee of like nature or an arrangement, program or system in which the workers participate was, on the 1st day of October, 1979, established and maintained pursuant to a collective agreement or other agreement or arrangement and that such committee, arrangement, program or system provides benefits for the health and safety of the workers equal to, or greater than, the benefits to be derived under a committee established under this section. Unit 8A OHS Law 29 Ontario The Joint Health and Safety Committee (JHSC) What Minister shall consider 9 (5) In exercising the power conferred by subsection (3) or (3.1), the Minister shall consider, (a) the nature of the work being done; (b) the request of a constructor, an employer, a group of the workers or the trade union or trade unions representing the workers in a workplace; (c) the frequency of illness or injury in the workplace or in the industry of which the constructor or employer is a part; (d) the existence of health and safety programs and procedures in the workplace and the effectiveness thereof; and (e) such other matters as the Minister considers advisable. Unit 8A OHS Law 30 Ontario The Joint Health and Safety Committee (JHSC) Composition of committee (6) A committee shall consist of, (a) at least two persons, for a workplace where fewer than fifty workers are regularly employed; or (b) at least four persons or such greater number of people as may be prescribed, for a workplace where fifty or more workers are regularly employed Unit 8A OHS Law 31 Ontario The Joint Health and Safety Committee (JHSC) 9 (7) At least half the members of a committee shall be workers employed at the workplace who do not exercise managerial functions. (8) The members of a committee who represent workers shall be selected by the workers they are to represent or, if a trade union or unions represent the workers, by the trade union or unions. (9) The constructor or employer shall select the remaining members of a committee from among persons who exercise managerial functions for the constructor or employer and, to the extent possible, who do so at the workplace. Unit 8A OHS Law 32 Ontario The Joint Health and Safety Committee (JHSC) 9 (10) A member of the committee who ceases to be employed at the workplace ceases to be a member of the committee. (11) Two of the members of a committee shall co- chair the committee, one of whom shall be selected by the members who represent workers and the other of whom shall be selected by the members who exercise managerial functions. Unit 8A OHS Law 33 Ontario The Joint Health and Safety Committee (JHSC) Certification requirement 9 (12) Unless otherwise prescribed, a constructor or employer shall ensure that at least one member of the committee representing the constructor or employer and at least one member representing workers are certified members. (13) Subsection (12) does not apply with respect to a project where fewer than fifty workers are regularly employed or that is expected to last less than three months. Unit 8A OHS Law 34 2012 Change Definitions “certified member” means a committee member who is certified under section 7.6; See: 2011, c. 11, ss. 1 (2), 29 (3). RESULT: The Chief Prevention Officer certifies committee members who fulfill specified training requirements. Unit 8A OHS Law 35 Certification of members 7.6 (1) The Chief Prevention Officer may, (a) establish training and other requirements that a committee member shall fulfil in order to become a certified member; and (b) certify a committee member who fulfils the requirements described in clause (a). 2011, c. 11, s. 4. Unit 8A OHS Law 36 ONTARIO REGULATION 297/13 OCCUPATIONAL HEALTH AND SAFETY AWARENESS AND TRAINING Last amendment: O. Reg. 751/20 Unit 8A OHS Law 37 Training Reg. - O. Reg. 297/13 Certification training 5 (1) An employer shall carry out the training programs necessary to enable a committee member to become a certified member, and the programs must be selected in accordance with the training and other requirements established by the Chief Prevention Officer under section 7.6 of the Act. O. Reg. 297/13, s. 5 (1). (2) For greater certainty, in subsection (1), “carry out” includes paying for the training. O. Reg. 297/13, s. 5 (2). Unit 8A OHS Law 38 Ontario The Joint Health and Safety Committee (JHSC) 9 (14) If no member representing workers is a certified member, the workers or the trade unions who selected the members representing workers shall select from among them one or more who are to become certified. (15) If there is more than one certified member representing workers, the workers or the trade unions who selected the members representing workers shall designate one or more certified members who then become solely entitled to exercise the rights and required to perform the duties under this Act of a certified member representing workers. Unit 8A OHS Law 39 Ontario The Joint Health and Safety Committee (JHSC) 9 (16) If there is more than one certified member representing the constructor or employer, the constructor or employer shall designate one or more of them who then become solely entitled to exercise the rights and required to perform the duties under this Act of a certified member representing a constructor or an employer. Unit 8A OHS Law 40 Ontario The Joint Health and Safety Committee (JHSC) Replacement of certified member 9 (17) If a certified member resigns or is unable to act, the constructor or employer shall, within a reasonable time, take all steps necessary to ensure that the requirement set out in subsection (12) is met. Unit 8A OHS Law 41 Ontario The Joint Health and Safety Committee (JHSC) Powers of committee 9 (18) It is the function of a committee and it has power to, (a) identify situations that may be a source of danger or hazard to workers; (b) make recommendations to the constructor or employer and the workers for the improvement of the health and safety of workers; (c) recommend to the constructor or employer and the workers the establishment, maintenance and monitoring of programs, measures and procedures respecting the health or safety of workers; Unit 8A OHS Law 42 Ontario The Joint Health and Safety Committee (JHSC) (d) obtain information from the constructor or employer respecting, (i) the identification of potential or existing hazards of materials, processes or equipment, and (ii) health and safety experience and work practices and standards in similar or other industries of which the constructor or employer has knowledge. (e) obtain information from the constructor or employer concerning the conducting or taking of tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent in or about a workplace for the purpose of occupational health and safety; and Unit 8A OHS Law 43 Ontario The Joint Health and Safety Committee (JHSC) (f) be consulted about, and have a designated member representing workers be present at the beginning of, testing referred to in clause (e) conducted in or about the workplace if the designated member believes his or her presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid. Unit 8A OHS Law 44 Ontario The Joint Health and Safety Committee (JHSC) 9 (19) The members of the committee who represent workers shall designate one of them who is entitled to be present at the beginning of testing described in clause (18)(f). Unit 8A OHS Law 45 2012 Change Powers of co-chairs 9 (19.1) If the committee has failed to reach consensus about making recommendations under subsection (18) after attempting in good faith to do so, either co-chair of the committee has the power to make written recommendations to the constructor or employer. (20) A constructor or employer who receives written recommendations from a committee or co-chair shall respond in writing within twenty-one days. Unit 8A OHS Law 46 Ontario The Joint Health and Safety Committee (JHSC) 9 (21) A response of a constructor or employer under subsection (20) shall contain a timetable for implementing the recommendations the constructor or employer agrees with and give reasons why the constructor or employer disagrees with any recommendations that the constructor or employer does not accept. Minutes of proceedings (22) A committee shall maintain and keep minutes of its proceedings and make the same available for examination and review by an inspector. Unit 8A OHS Law 47 Ontario The Joint Health and Safety Committee (JHSC) Inspections 9 (23) Subject to subsection (24) the members of a committee who represent workers shall designate a member representing workers to inspect the physical condition of the workplace. (24) If possible, the member designated under subsection (23) shall be a certified member. Unit 8A OHS Law 48 Ontario The Joint Health and Safety Committee (JHSC) Idem 9 (25) The members of a committee are not required to designate the same member to perform all inspections or to perform all of a particular inspection. (26) Unless otherwise required by the regulations or by an order by an inspector, a member designated under subsection (23) shall inspect the physical condition of the workplace at least once a month. Unit 8A OHS Law 49 Ontario The Joint Health and Safety Committee (JHSC) 9 (27) If it is not practical to inspect the workplace at least once a month, the member designated under subsection (23) shall inspect the physical condition of the workplace at least once a year, inspecting at least a part of the workplace in each month. (28) The inspection required by subsection (27) shall be undertaken in accordance with a schedule established by the committee. Unit 8A OHS Law 50 Ontario The Joint Health and Safety Committee (JHSC) 9 (29) The constructor, employer and the workers shall provide a member designated under subsection (23) with such information and assistance as the member may require for the purpose of carrying out an inspection of the workplace. (30) The member shall inform the committee of situations that may be a source of danger or hazard to workers and the committee shall consider such information within a reasonable period of time. Unit 8A OHS Law 51 Ontario The Joint Health and Safety Committee (JHSC) Notice of accident, inspection by committee member 9 (31) The members of a committee who represent workers shall designate one or more such members to investigate cases where a worker is killed or critically injured at a workplace from any cause and one of those members may, subject to subsection 51(2), inspect the place where the accident occurred and any machine, device or thing, and shall report his or her findings to a Director and to the committee. (31.1) A member of a committee who is designated to investigate cases under subsection (31) may share with an inspector any of the findings made by the member under subsection (31). 2021, c. 34, Sched. 15, s. 3. Unit 8A OHS Law 52 Ontario The Joint Health and Safety Committee (JHSC) Posting of names and work locations 9 (32) A constructor or an employer required to establish a committee under this section shall post and keep posted at the workplace the names and work locations of the committee members in a conspicuous place or places where they are most likely to come to the attention of the workers. Meetings (33) A committee shall meet at least once every three months at the workplace and may be required to meet by order of the Minister. Unit 8A OHS Law 53 Ontario The Joint Health and Safety Committee (JHSC) Entitlement to time from work 9 (34) A member of a committee is entitled to, (a) one hour or such longer period of time as the committee determines is necessary to prepare for each committee meeting; (b) such time as is necessary to attend meetings of the committee; and (c) such time as is necessary to carry out the member's duties under subsections (26), (27) and (31). Unit 8A OHS Law 54 Ontario The Joint Health and Safety Committee (JHSC) Entitlement to be paid 9 (35) A member of a committee shall be deemed to be at work during the times described in subsection (34) and the member's employer shall pay the member for those times at the member's regular or premium rate as may be proper. (36) A member of a committee shall be deemed to be at work while the member is fulfilling the requirements for becoming a certified member and the member’s employer shall pay the member for the time spent at the member’s regular or premium rate as may be proper. Unit 8A OHS Law 55 Ontario The Joint Health and Safety Committee (JHSC) Exception 9 (37) Subsection (36) does not apply with respect to workers who are paid by the Workplace Safety and Insurance Board for the time spent fulfilling the requirements for becoming certified. Unit 8A OHS Law 56 Ontario The Joint Health and Safety Committee (JHSC) Additional powers of certain committees 9 (38) Any committee of a like nature to a committee established under this section in existence in a workplace under the provisions of a collective agreement or other agreement or arrangement between a constructor or an employer and the workers has, in addition to its functions and powers under the provisions of the collective agreement or other agreement or arrangement, the functions and powers conferred upon a committee by this section. Unit 8A OHS Law 57 Ontario The Joint Health and Safety Committee (JHSC) Dispute resolution 9 (39) Where a dispute arises as to the application of subsection (2), or the compliance or purported compliance therewith by a constructor or an employer, the dispute shall be decided by the Minister after consulting the constructor or the employer and the workers or the trade union or trade unions representing the workers. Unit 8A OHS Law 58 Summary: Number of Workers No. of Requirement Workers 1 to 5 No H&S rep or JHSC unless designated substances or order by Minister of Labour apply 6 to 19 At least one H&S rep A JHSC if designated substances or order by Minister of Labour apply 20 to 49 JHSC with at least 2 members 50 + JHSC with at least 4 members Unit 8A OHS Law 59 OHSA 2012 Changes Chief Prevention Officer and Training for Health & Safety Representatives and Committees (not covered in detail) Unit 8A OHS Law 60 Ontario The Worker Trades Committee on Construction Projects Unit 8A OHS Law 61 Ontario The Worker Trades Committee on Construction Projects Worker trades committee 10 (1) If a committee is required at a project, other than a project where fewer than fifty workers are regularly employed or that is expected to last less than three months, the committee shall establish a worker trades committee for the project. (2) The members of a worker trades committee shall represent workers employed in each of the trades at the workplace. Unit 8A OHS Law 62 Ontario The Worker Trades Committee on Construction Projects 10 (3) the members of a worker trades committee shall be selected by the workers employed in the trades the members are to represent or, if a trade union represents the workers, by the trade union. (4) It is the function of a worker trades committee to inform the committee at the workplace of the health and safety concerns of the workers employed in the trades at the workplace. Unit 8A OHS Law 63 Ontario The Worker Trades Committee on Construction Projects Entitlement to time from work 10 (5) Subject to subsection (6), a member of a worker trades committee is entitled to such time from work as is necessary to attend meetings of the worker trades committee and the time so spent shall be deemed to be work time for which the member shall be paid by the employer at the member's regular or premium rate as may be proper. Unit 8A OHS Law 64 Ontario The Worker Trades Committee on Construction Projects Committee to determine maximum entitlement 10 (6) The committee for a workplace shall determine the maximum amount of time for which members of a worker trades committee for the work place are entitled to be paid under subsection (5) for each meeting of the worker trades committee. Unit 8A OHS Law 65 Ontario Information to the Committee Unit 8A OHS Law 66 Ontario Information to the Committee Occupational Hygiene Reports 11 (1) The constructor or employer at a workplace shall consult a health and safety representative or the committee with respect to proposed testing strategies for investigating industrial hygiene at the workplace. (2) The constructor or employer shall provide information to a health and safety representative or the committee concerning testing strategies to be used to investigate industrial hygiene at the workplace. Unit 8A OHS Law 67 Ontario Information to the Committee Attendance at testing 11 (3) A health and safety representative or a designated committee member representing workers at a workplace is entitled to be present at the beginning of testing conducted with respect to industrial hygiene at the workplace if the representative or member believes his or her presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid. (4) The committee members representing workers shall designate one of them for the purpose of subsection (3). Unit 8A OHS Law 68 Ontario WSIB Statistics Summary to be furnished 12 (1) For workplaces to which the insurance plan established under the Workplace Safety and Insurance Act, 1997 applies, the Workplace Safety and Insurance Board, upon the request of an employer, a worker, committee, health and safety representative or trade union, shall send to the employer, and to the worker, committee, health and safety representative or trade union requesting the information an annual summary of data relating to the employer in respect of the number of work accident fatalities, the number of lost workday cases, the number of lost workdays, the number of non-fatal cases that required medical aid without lost workdays, the incidence of occupational illnesses, the number of occupational injuries, and such other data as the Board may consider necessary or advisable. Unit 8A OHS Law 69 Ontario WSIB Statistics Posting of copy of summary 12 (2) Upon receipt of the annual summary, the employer shall cause a copy thereof to be posted in a conspicuous place or places at the workplace where it is most likely to come to the attention of the workers. Director to provide information 12 (3) A Director shall, in accordance with the objects and purposes of this Act, ensure that persons and organizations concerned with the purposes of this Act are provided with information and advice pertaining to its administration and to the protection of the occupational health and occupational safety of workers generally. Unit 8A OHS Law 70 2. Right to Refuse Unsafe Work Unit 8B OHS Law 71 Overview of the Right to Refuse 1. Some people have a limited right to refuse 2. All others must follow the section 43 procedure 3. The worker has reason to believe there is a danger and refuses to work [Subjective belief] 4. The worker reports the refusal 5. The employer (supervisor) investigates (A Stage One investigation) 6. Either the worker goes back to work or the Ministry is called Unit 8B OHS Law 72 Overview of the Right to Refuse 7. The worker now must have reasonable grounds to believe there is a danger [Objective belief] 8. The inspector investigates (A Stage Two investigation) 9. The inspector decides whether the job is safe or unsafe 10.The employer responds or the worker goes back to work 11.The inspector's decision may be appealed 12.No unfair discipline or reprisals may be taken by employer Unit 8B OHS Law 73 Ontario The Right to Refuse Unsafe Work Non-application to certain workers 43 (1) This section does not apply to a worker described in subsection (2), (a) when a circumstance described in clause (3) (a), (b) or (c) is inherent in the worker's work or is a normal condition of the worker's employment; or (b) when the worker's refusal to work would directly endanger the life, health or safety of another person. Unit 8B OHS Law 74 Ontario The Right to Refuse Unsafe Work Idem 43 (2) The worker referred to in subsection (1) is, (a) a person employed in, or a member of, a police force to which the Police Services Act applies; (Note: On a day to be named by proclamation - replace with Community Safety and Policing Act, 2019) (b) a firefighter as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997; Unit 8B OHS Law 75 Ontario The Right to Refuse Unsafe Work (c) a person employed in the operation of, (i) a correctional institution or facility, (ii) a place of secure custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, (iii) a place of temporary detention under the Youth Criminal Justice Act (Canada), or (iv) a similar institution, facility or place; Unit 8B OHS Law 76 Ontario The Right to Refuse Unsafe Work (d) a person employed in the operation of, (i) a hospital, sanatorium, nursing home, home for the aged, psychiatric institution, mental health centre or rehabilitation facility, (ii) a residential group home or other facility for persons with behavioural or emotional problems or a physical, mental or developmental disability, … Unit 8B OHS Law 77 Ontario The Right to Refuse Unsafe Work (iii) an ambulance service or a first aid clinic or station, (iv) a laboratory operated by the Crown or licensed under the Laboratory and Specimen Collection Centre Licensing Act, or (v) a laundry, food service, power plant or technical service or facility used in conjunction with an institution, facility or service described in subclause (i) to (iv). Unit 8B OHS Law 78 Ontario The Right to Refuse Unsafe Work Refusal to work 43 (3) A worker may refuse to work or do particular work where he or she has reason to believe that, (a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker; (b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; (b.1) workplace violence is likely to endanger himself or herself; or Unit 8B OHS Law 79 Ontario The Right to Refuse Unsafe Work (c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker. Unit 8B OHS Law 80 Ontario The Right to Refuse Unsafe Work Definitions (revisited) “workplace violence” means, (a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker, (b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, (c) a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. Unit 8B OHS Law 81 Ontario The Right to Refuse Unsafe Work Report of refusal to work 43 (4) Upon refusing to work or do particular work, the worker shall promptly report the circumstances of the refusal to the worker's employer or supervisor who shall forthwith investigate the report in the presence of the worker and, if there is such, in the presence of one of, (a) a committee member who represents workers, if any; (b) a health and safety representative, if any; or (c) a worker who because of knowledge, experience and training is selected by a trade union that represents the worker, or if there is no trade union, is selected by the workers to represent them, who shall be made available and who shall attend without delay. Unit 8B OHS Law 82 Ontario The Right to Refuse Unsafe Work Worker to remain in safe place and available for investigation 43 (5) Until the investigation is completed, the worker shall remain, (a) in a safe place that is as near as reasonably possible to his or her work station; and (b) available to the employer or supervisor for the purposes of the investigation. 2009, c. 23, s. 4 (3). Unit 8B OHS Law 83 Ontario The Right to Refuse Unsafe Work Refusal to work following investigation 43 (6) Where, following the investigation or any steps taken to deal with the circumstances that caused the worker to refuse to work or do particular work, the worker has reasonable grounds to believe that, (a) the equipment, machine, device or thing that was the cause of the refusal to work or do particular work continues to be likely to endanger himself, herself or another worker; Unit 8B OHS Law 84 Ontario The Right to Refuse Unsafe Work (b) the physical condition of the workplace or the part thereof in which he or she works continues to be likely to endanger himself or herself; (b.1) workplace violence continues to be likely to endanger himself or herself; or (c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention continues to be likely to endanger himself, herself or another worker, the worker may refuse to work or do the particular work and the employer or the worker or a person on behalf of the employer or worker shall cause an inspector to be notified thereof. Unit 8B OHS Law 85 Ontario The Right to Refuse Unsafe Work Investigation by inspector 43 (7) An inspector shall investigate the refusal to work in consultation with the employer or a person representing the employer, the worker, and if there is such, the person mentioned in clause (4) (a), (b) or (c). 2001, c. 9, Sched. I, s. 3 (11). Decision of inspector (8) The inspector shall, following the investigation referred to in subsection (7), decide whether a circumstance described in clause (6) (a), (b), (b.1) or (c) is likely to endanger the worker or another person. Unit 8B OHS Law 86 Ontario The Right to Refuse Unsafe Work Idem 43 (9) The inspector shall give his or her decision, in writing, as soon as is practicable, to the employer, the worker, and, if there is such, the person mentioned in clause (4) (a), (b) or (c). Worker to remain in safe place and available for investigation (10) Pending the investigation and decision of the inspector, the worker shall remain, during the worker’s normal working hours, in a safe place that is as near as reasonably possible to his or her work station and available to the inspector for the purposes of the investigation. Unit 8B OHS Law 87 Ontario The Right to Refuse Unsafe Work Exception 43 (10.1) Subsection (10) does not apply if the employer, subject to the provisions of a collective agreement, if any, (a) assigns the worker reasonable alternative work during the worker’s normal working hours; or (b) subject to section 50, where an assignment of reasonable alternative work is not practicable, gives other directions to the worker. Unit 8B OHS Law 88 Ontario The Right to Refuse Unsafe Work Duty to advise other workers 43 (11) Pending the investigation and decision of the inspector, no worker shall be assigned to use or operate the equipment, machine, device or thing or to work in the workplace or in the part of the workplace being investigated unless, in the presence of a person described in subsection (12), the worker has been advised of the other worker's refusal and of his or her reasons for the refusal. Unit 8B OHS Law 89 Ontario The Right to Refuse Unsafe Work Idem 43 (12) The person referred to in subsection (11) must be, (a) a committee member who represents workers and, if possible, who is a certified member; (b) a health and safety representative; or (c) a worker who because of his or her knowledge, experience and training is selected by the trade union that represents the worker or, if there is no trade union, by the workers to represent them. Unit 8B OHS Law 90 Ontario The Right to Refuse Unsafe Work Entitlement to be paid 43 (13) A person shall be deemed to be at work and the person's employer shall pay him or her at the regular or premium rate, as may be proper, (a) for the time spent by the person carrying out the duties under subsections (4) and (7) of a person mentioned in clause (4)(a),(b) or (c); and (b) for time spent by the person carrying out the duties under subsection (11) of a person described in subsection (12). Unit 8B OHS Law 91 Ontario The Employer's Duty to Avoid Reprisals Unit 8B OHS Law 92 Ontario The Employer's Duty to Avoid Reprisals No discipline, dismissal, etc. by employer 50 (1) No employer or person acting on behalf of an employer shall, (a) dismiss or threaten to dismiss a worker; (b) discipline or suspend or threaten to discipline or suspend a worker; (c) impose any penalty upon a worker; or (d) intimidate or coerce a worker, because the worker has acted in compliance with this Act or the regulations or an order made thereunder, has sought the enforcement of this Act or the regulations or has given evidence in a proceeding in respect of the enforcement of this Act or the regulations or in an inquest under the Coroners Act. Unit 8B OHS Law 93 Ontario The Employer's Duty to Avoid Reprisals Arbitration 50 (2) Where a worker complains that an employer or person acting on behalf of an employer has contravened subsection (1), the worker may either have the matter dealt with by final and binding settlement by arbitration under a collective agreement, if any, or file a complaint with the Board in which case any rules governing the practice and procedure of the Board apply with all necessary modifications to the complaint. Unit 8B OHS Law 94 Ontario The Employer's Duty to Avoid Reprisals Referral by inspector 50 (2.1) Where the circumstances warrant, an inspector may refer a matter to the Board if the following conditions are met: 1. The worker has not had the matter dealt with by final and binding settlement by arbitration under a collective agreement or filed a complaint with the Board under subsection (2). 2. The worker consents to the referral. 2011, c. 11, s. 13 (1). Unit 8B OHS Law 95 Ontario The Employer's Duty to Avoid Reprisals Same 50 (2.2) Any rules governing the practice and procedure of the Board apply with all necessary modifications to a referral made under subsection (2.1). 2011, c. 11, s. 13 (1). Referral not an order (2.3) A referral made under subsection (2.1) is not an order or decision for the purposes of section 61. 2011, c. 11, s. 13 (1). Unit 8B OHS Law 96 Ontario The Employer's Duty to Avoid Reprisals Inquiry by Board 50 (3) The Board may inquire into any complaint filed under subsection (2) or referral made under subsection (2.1) and section 96 of the Labour Relations Act, 1995, except subsection (5), applies with all necessary modifications as if such section, except subsection (5), is enacted in and forms part of this Act. (4) On an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), sections 110, 111, 114 and 116 of the Labour Relations Act, 1995 apply with all necessary modifications. Unit 8B OHS Law 97 Ontario The Employer's Duty to Avoid Reprisals Rules to expedite proceedings 50 (4.1) The chair of the Board may make rules under subsection 110 (18) of the Labour Relations Act, 1995 to expedite proceedings relating to a complaint filed under subsection (2) or a referral made under subsection (2.1). Same (4.2) Subsections 110 (20), (21) and (22) of the Labour Relations Act, 1995 apply, with necessary modifications, to rules made under subsection (4.1). Unit 8B OHS Law 98 Ontario The Employer's Duty to Avoid Reprisals Onus of proof 50 (5) On an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), the burden of proof that an employer or person acting on behalf of an employer did not act contrary to subsection (1) lies upon the employer or the person acting on behalf of the employer. Unit 8B OHS Law 99 Jurisdiction when complaint by public servant 50 (6) The Board shall exercise jurisdiction under this section when a complaint filed under subsection (2) or a referral made under subsection (2.1) is in respect of a worker who is a public servant within the meaning of the Public Service of Ontario Act, 2006. 2011, c. 11, s. 13 (6). See: 2011, c. 11, ss. 13 (6), 29 (2). Unit 8B OHS Law 100 Ontario The Employer's Duty to Avoid Reprisals Board may substitute penalty 50 (7) Where on an inquiry by the Board into a complaint filed under subsection (2), the Board determines that a worker has been discharged or otherwise disciplined by an employer for cause and the contract of employment or the collective agreement, as the case may be, does not contain a specific penalty for the infraction, the Board may substitute such other penalty for the discharge or discipline as to the Board seems just and reasonable in all the circumstances. Unit 8B OHS Law 101 Ontario The Employer's Duty to Avoid Reprisals Exception 50 (8) Despite subsections (2) and (2.1), a person who is subject to a rule or code of discipline under the Police Services Act shall have his or her complaint in relation to an alleged contravention of subsection (1) dealt with under that Act. Note: On a day to be named by proclamation, subsection amended to the following: (8) Despite subsections (2) and (2.1), a police officer under the Community Safety and Policing Act, 2019 shall have his or her complaint in relation to an alleged contravention of subsection (1) dealt with under section 191 of that Act, with necessary modifications. 2019, c. 1, Sched. 4, s. 39 (2). Unit 8B OHS Law 102 Office of the Worker Adviser Offices of the Worker and Employer Advisers Office of the Worker Adviser 50.1 (1) In addition to the functions set out in section 176 of the Workplace Safety and Insurance Act, 1997, the Office of the Worker Adviser has the functions prescribed for the purposes of this Part, with respect to workers who are not members of a trade union. 2011, c. 11, s. 14. Unit 8B OHS Law 103 Office of the Employer Adviser Office of the Employer Adviser 50.1 (2) In addition to the functions set out in the section 176 of the Workplace Safety and Insurance Act, 1997, the Office of the Employer Adviser has the functions prescribed for the purposes of this Part, with respect to employers that have fewer than 100 employees or such other number as may be prescribed. 2011, c. 11, s. 14. Unit 8B OHS Law 104 Office of the Employer Adviser Costs 50.1 (3) In determining the amount of the costs that may be incurred by each office under subsection 176 (3) of the Workplace Safety and Insurance Act, 1997, the Minister shall take into account any functions prescribed for the purposes of this Part. 2011, c. 11, s. 14. See: 2011, c. 11, ss. 14, 29 (2). Unit 8B OHS Law 105 3. Right to Know Unit 8C OHS Law 106 The Right to Know Contents Right to Know - WHMIS Introduction WHMIS Sections of the OHSA Classification WHMIS Labels Unit 8C OHS Law 107 WHMIS Workers have a right to know about much more than chemicals, but to many peoples' minds "the right to know" means toxic chemicals. WHMIS: Workplace Hazardous Material Information System Unit 8C OHS Law 108 What is WHMIS? 1. WHMIS is a nation-wide scheme, involving federal, provincial and territorial legislation, which sets out a system for providing information and education about hazardous materials to workers. 2. It was developed through negotiations between federal and provincial authorities, industry groups, and organized labour. 3. It came into effect October 31, 1988. We call the original WHMIS ….. WHMIS 1988. Unit 8C OHS Law 109 WHMIS 2015 Canada has aligned WHMIS with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Updates to implement GHS will be referred to as WHMIS 2015. GHS does not replace WHMIS. Unit 8C OHS Law 110 WHMIS 2015 WHMIS 2015 incorporates the following GHS elements: Classification rules and hazard classes Hazard pictograms Supplier label requirements Format of safety data sheets Note: WHMIS retains the classification for biohazardous materials. Unit 8C OHS Law 111 Benefits of WHMIS 2015 Aligning with GHS provides many benefits, including: Hazard classification criteria are more comprehensive which improves ability to indicate severity of hazards. New hazard classes are included. Physical hazard criteria are consistent with the Transport of Dangerous Goods (TDG regulations). Standardized language (hazard and precautionary statements). Standardized SDS format and more comprehensive requirements. Unit 8C OHS Law 112 WHMIS 2015 GHS is a system used to classify chemicals and communicate hazards worldwide. Aligning WHMIS with GHS means WHMIS is globally consistent regarding: Hazard classes Information found on supplier labels Information found on Safety Data Sheets (SDSs) Unit 8C OHS Law 113 What is the Purpose of WHMIS? 1. To fulfil the worker's Right to Know about hazards in the workplace. 2. To enhance the ability of the Internal Responsibility System to identify and eliminate or control hazards in the workplace. 3. To ensure consistency of hazard information systems across Canada. 4. To ensure Canada’s hazard information systems are consistent with other countries. Unit 8C OHS Law 114 Doesn't a Right To Know Already Exist? Yes, in sections 25(2) and 27(2) of the Ontario OHSA and in the education and training provisions of the Designated Substances Regulation. Unit 8C OHS Law 115 Doesn't a Right To Know Already Exist? Section 25 (2):... an employer shall, (a) provide information, instruction and supervision to a worker to protect the health or safety of the worker; (d) acquaint a worker or a person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent; Section 27 (2)... a supervisor shall, (a) advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware; Unit 8C OHS Law 116 Doesn't a Right To Know Already Exist? The problem with these provisions is that they are not specific enough; they do not provide sufficient guidance as to the nature, amount and form of information to be provided, and they do not indicate any requirement to ensure that the worker understands the information Unit 8C OHS Law 117 What are the Elements of WHMIS? The WHMIS Triad - All Canada: Labels Safety Data Sheets (SDSs) Worker Instruction Unit 8C OHS Law 118 Flow of information (Now called “SDS”) Unit 8C OHS Law 119 Flow of information Unit 8C OHS Law 120 Which Government has Jurisdiction over WHMIS? Unit 8C OHS Law 121 Which Government has Jurisdiction over WHMIS? 1. The federal government and the provincial governments have jurisdiction, or power, over different parts of the WHMIS framework. 2. Under the Canadian Constitution, the federal government has the power to regulate national trade and commerce. This means it has jurisdiction over national schemes for labelling products, and over requirement that certain information accompany any sale of a product in Canada. 3. Also under the Constitution, the provincial government has the power to regulate relations between employers and workers in workplaces located in the province. Unit 8C OHS Law 122 Which Government has Jurisdiction over WHMIS? 4. This means the federal government cannot pass laws concerning occupational health and safety in the province's workplaces (except federally regulated businesses), and the provincial governments cannot pass laws concerning the nation-wide distribution of products. 5. Therefore, WHMIS, which applies to products sold across Canada and to the relations between persons in the workplace, must be effected through interlocking federal and provincial legislation. Unit 8C OHS Law 123 What is the Federal WHMIS Legislation? What is the Federal WHMIS Legislation? 1. Hazardous Products Act (HPA) Applies across Canada Requires Suppliers of hazardous material ("controlled products") to provide labels and SDSs to each buyer Hazardous Products Regulation (HPR) made under the HPA tells us: 1. how hazardous materials are to be classified. 2. what supplier labels must have on them. 3. what information must be in supplier SDSs. Unit 8C OHS Law 124 What is the Federal WHMIS Legislation? 2. Hazardous Materials Information Review Act (HMIRA) Applies across Canada Allows suppliers who believe some information they have is a trade secret to make a claim for non- disclosure of the information on SDSs. The claim is heard by a federal Hazardous Materials Information Review Commission, and may be contested by any interested person. 3. Canada Labour Code (CLC) Applies across Canada to federal workplaces (e.g. airlines, railways). Equivalent to provincial OHS Acts. Unit 8C OHS Law 125 What is the Ontario WHMIS Legislation? 1. The Occupational Health and Safety Act (OHSA) was amended by Bill 79 so as to add what are now sections 37 to 42 to the OHSA (plus some other minor changes). These sections set out the general WHMIS duties. [Section 36 regarding inventories and floorplans was repealed in 2001. 2. The Workplace Hazardous Materials Information System (WHMIS) Regulation gives the details on how WHMIS is to be implemented in Ontario workplaces. 3. In the future there might be a Physical Hazards Regulation, but many years have now passed since the Act was amended for that possibility. Unit 8C OHS Law 126 Ontario WHMIS Sections of the OHSA Unit 8C OHS Law 127 Ontario WHMIS Sections of the OHSA Hazardous material identification and data sheets 37 (1) An employer, (a) shall ensure that all hazardous materials present in the workplace are identified in the prescribed manner; (b) shall obtain or prepare, as may be prescribed, a current safety data sheet for all hazardous materials present in the workplace; and (c) shall ensure that the identification required by clause (a) and safety data sheets required by clause (b) are available in English and such other languages as may be prescribed. Unit 8C OHS Law 128 Ontario WHMIS Sections of the OHSA Prohibition 37 (2) No person shall remove or deface the identification described in clause (1) (a) for a hazardous material. Hazardous material not to be used (3) An employer shall ensure that a hazardous material is not used, handled or stored at a workplace unless the prescribed requirements concerning identification, safety data sheets and worker instruction and training are met. Unit 8C OHS Law 129 Ontario WHMIS Sections of the OHSA Notice to Director 37 (4) An employer shall advise a Director in writing if the employer, after making reasonable efforts, is unable to obtain a label or safety data sheet required by subsection (1). Expiry of safety data sheet (REPEALED) (5) A safety data sheet expires three years after the date of its publication. Unit 8C OHS Law 130 Ontario WHMIS Sections of the OHSA Safety data sheets to be made available 38 (1) A copy of every current safety data sheet required by this Part in respect of hazardous materials in a workplace shall be, (a) made available by the employer in the workplace in such a manner as to allow examination by the workers; (b) furnished by the employer to the committee or health and safety representative, if any, for the workplace or to a worker selected by the workers to represent them, if there is no committee or health and safety representative; Unit 8C OHS Law 131 Ontario WHMIS Sections of the OHSA (c) furnished by the employer on request or if so prescribed to the medical office of health of the health unit in which the workplace is located; (d) furnished by the employer on request or if so prescribed to the fire department which serves the location in which the workplace is located; and (e) filed by the employer with a Director on request or if so prescribed. Unit 8C OHS Law 132 New 2015 Additional requirement 38 (1.1) In addition to complying with subsection (1), the employer shall make a copy of a safety data sheet readily available to those workers who may be exposed to the hazardous material to which it relates. 2015, c. 27, Sched. 4, s. 3 (2). Unit 8C OHS Law 133 Ontario WHMIS Sections of the OHSA Public access 38 (2) The medical officer of health, at the request of any person, shall request an employer to furnish a copy of a current safety data sheet. Idem (3) At the request of any person, the medical officer of health shall make available to the person for inspection a copy of any safety data sheet requested by the person and in the possession of the medical officer of health. Unit 8C OHS Law 134 Ontario WHMIS Sections of the OHSA Idem 38 (4) A medical officer of health shall not disclose the name of any person who makes a request under subsection (2) or (3). Electronic format (5) For greater certainty, a copy of a safety data sheet in an electronic format is a copy for the purposes of this section. 2015, c. 27, Sched. 4, s. 3 (5). Unit 8C OHS Law 135 Ontario WHMIS Sections of the OHSA Requirement to consult 38 (6) An employer shall consult with the committee and the health and safety representative, if any, on making safety data sheets available in the workplace or furnishing them as required by clauses (1) (a) and (b) and subsection (1.1). 2015, c. 27, Sched. 4, s. 3 (5). Unit 8C OHS Law 136 Ontario WHMIS Sections of the OHSA Assessment for hazardous materials 39 (1) Where so prescribed, an employer shall assess all biological and chemical agents produced in the workplace for use therein to determine if they are hazardous materials. Unit 8C OHS Law 137 Ontario WHMIS Sections of the OHSA Assessments to be made available 39 (2) The assessment required by subsection (1) shall be in writing and a copy of it shall be, (a) made available by the employer in the workplace in such a manner as to allow examination by the workers; (b) furnished by the employer to the committee or health and safety representative, if any, for the workplace or to a worker selected by the workers to represent them, if there is no committee or health and safety representative Unit 8C OHS Law 138 Ontario WHMIS Sections of the OHSA Confidential business information 40 (1) An employer may file a claim for an exception from disclosing, (a) information required under this Part in a label or safety data sheet; or (b) the name of a toxicological study used by the employer to prepare a safety data sheet, on the grounds that it is confidential business information. Unit 8C OHS Law 139 Ontario WHMIS Sections of the OHSA Idem 40 (2) An application under subsection (1) shall be made only in respect of such types of confidential business information as may be prescribed. Determination of claim (3) A claim for an exemption made under subsection (1) shall be determined in accordance with the process set out in the Hazardous Materials Information Review Act (Canada). 2015, c. 27, Sched. 4, s. 4 (3). Unit 8C OHS Law 140 New 2015 Appeal 40 (4) The employer or any worker of the employer or any trade union representing the workers of the employer may, in accordance with the appeal process set out in the Hazardous Materials Information Review Act (Canada), appeal a determination made under subsection (3) and the appeal shall be determined in accordance with that process. 2015, c. 27, Sched. 4, s. 4 (3). Unit 8C OHS Law 141 Ontario WHMIS Sections of the OHSA Effect of claim 40 (6) Information that an employer considers to be confidential business information is exempt from disclosure from the time a claim is filed under subsection (1) until the claim is finally determined and for three years thereafter, if the claim is found to be valid. Effect of determination 40 (7) A determination made under this section applies for the purposes of this Part. 2015, c. 27, Sched. 4, s. 4 (4). Unit 8C OHS Law 142 New 2015 Information privileged 40.1 (1) Subject to subsection (2), all information obtained by an employee in the Ministry from a person acting under the authority of the Hazardous Materials Information Review Act (Canada) is privileged and no employee in the Ministry shall knowingly, without consent in writing of the Chief Screening Officer appointed under that Act, (a) communicate or allow to be communicated to any person any information obtained; or (b) allow any person to inspect or to have access to any part of a book, record, writing or other document containing any information obtained. 2015, c. 27, Sched. 4, s. 5 (1). Unit 8C OHS Law 143 Ontario WHMIS Sections of the OHSA Exception 40.1 (2) An employee in the Ministry may communicate or allow to be communicated information described in subsection (1) or allow inspection of or access to any part of a book, record, writing or other document containing any such information to or by, (a) another employee in the Ministry for the purpose of administering or enforcing this Act; or (b) a physician or a medical professional prescribed under the Hazardous Materials Information Review Act (Canada) who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency. Unit 8C OHS Law 144 Ontario WHMIS Sections of the OHSA Conditions 40.1 (3) No person who obtains any information under subsection (2) shall knowingly disclose that information to any other person or knowingly allow any other person to have access to that information except as may be necessary for the purposes mentioned in that subsection. Non-disclosure prevails 40.1 (4) Despite subsection 63 (1), the requirements in this section that information received from a person acting under the authority of the Hazardous Materials Information Review Act (Canada) not be disclosed prevail over any other law. Unit 8C OHS Law 145 Ontario WHMIS Sections of the OHSA Hazardous physical agents 41 (1) A person who distributes or supplies, directly or indirectly, or manufactures, produces or designs a thing for use in a workplace that causes, emits or produces a hazardous physical agent when the thing is in use or operation shall ensure that such information as may be prescribed is readily available respecting the hazardous physical agent and the proper use or operation of the thing. Unit 8C OHS Law 146 Ontario WHMIS Sections of the OHSA Instruction and training 42 (1) In addition to providing information and instruction to a worker as required by clause 25 (2) (a), an employer shall ensure that a worker exposed or likely to be exposed to a hazardous material or to a hazardous physical agent receives, and that the worker participates in, such instruction and training as may be prescribed. Unit 8C OHS Law 147 Ontario WHMIS Sections of the OHSA Consultation 42 (2) The instruction and training to be given under subsection (1) shall be developed and implemented by the employer in consultation with the committee or health and safety representative, if any, for the workplace. Review 42 (3) An employer shall review, in consultation with the committee or health and safety representative, if any, for the workplace, the training and instruction provided to a worker and the worker's familiarity therewith at least annually. Unit 8C OHS Law 148 Ontario WHMIS Sections of the OHSA Idem 42 (4) The review described in subsection (3) shall be held more frequently than annually, if, (a) the employer, on the advice of the committee or health and safety representative, if any, for the workplace, determines that such reviews are necessary; or (b) there is a change in circumstances that may affect the health or safety of a worker. Unit 8C OHS Law 149 WHMIS Classification Which Hazardous Materials are Covered by WHMIS? Unit 8C OHS Law 150 WHMIS Classification Which Hazardous Materials are Covered by WHMIS? Suppliers must determine if any of their products fit into one of the WHMIS Classes. If it does, it is a controlled product, and the supplier must provide labels and SDSs to the workplace receiving the product. Unit 8C OHS Law 151 WHMIS Classification Hazards are categorized by groups which are broken down into classes which are further broken down into categories. There are two groups of WHMIS hazards: 1. Physical (20 physical hazards) 2. Health (12 health hazards) Note: Environmental hazards are classified in GHS but not mandatory in WHMIS Unit 8C OHS Law 152 Physical Hazard Classes 1. Explosives* 12.Substances and 2. Flammable gases mixtures that, in 3. Aerosols* contact with water, 4. Oxidizing gases emit flammable gases 5. Gases under 13.Oxidizing liquids pressure 14.Oxidizing solids 6. Flammable liquids 15.Organic peroxides 7. Flammable solids 16.Corrosives to metals 8. Self-reactive 17.Pyrophoric gases substances and (REPEALED) mixtures 18.Combustible dusts 9. Pyrophoric liquids 10.Pyrophoric solids 19.Simple asphyxiants 11.Self-heating 20.Physical hazards not substances and otherwise classified mixtures 21.Chemicals under Unit 8C OHS Law 153 pressure (NEW)* Health Hazard Classes 1. Acute toxicity 7. Reproductive toxicity 2. Skin 8. Specific target organ corrosion/irritation toxicity - single 3. Serious eye damage/ exposure 9. Specific target organ eye toxicity - repeated irritation exposure 4. Respiratory or skin 10.Aspiration hazard 11.Biohazardous infectious sensitization materials 5. Germ cell 12.Health hazards not mutagenicity otherwise classified 6. Carcinogenicity Unit 8C OHS Law 154 Hazard Categories/Types The hazard classes may be further divided into one or more hazard categories (Categories 1-4) Category 1 is the highest level of hazard (most hazardous) category Hazard classes may also be divided into one or more hazard “types” (instead of category) A = greatest level of hazard (most hazardous) type Unit 8C OHS Law 155 Sub-categories Sometimes categories are also divided into sub- categories (depending on the class) Example: If a product is classified as follows: 1A – greatest level of hazard 1C – less hazardous than 1A 2 – less hazardous than 1C Category 1 Category 2 Category 3 Category 4 High hazard Low hazard Unit 8C OHS Law 156 Unit 8C OHS Law 157 WHMIS 2015 Pictograms Health Hazard Flame Exclamation Mark Carcinogen, mutagenicity Flammable gases, aerosols, liquids, Irritant (skin and eye) reproductive toxicity, respiratory solids Skin sensitizer sensitizer Pyrophoric liquid, solid, gas Acute toxicity (harmful via oral, Specific target organ toxicity-single Self-heating substances skin, inhalation) exposure Emits flammable gas in contact Respiratory tract irritant Specific target organ toxicity- with water repeated exposure Self-reactive Aspiration hazard Organic peroxide Gas Cylinder Corrosion Exploding Bomb Gas under pressure Skin corrosion Explosives Serious eye damage Self-reactive substances and Corrosive to metals mixtures Organic peroxides Flame Over Skull and Biohazardous Circle Crossbones Infectious Material Unit 8C OHS Law 158 Oxidizers (liquids, solids, gases) Acute toxicity (fatal or toxic via Biohazardous infectious material

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