Mandatory Health and Safety Training for All Workers and Supervisors

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1 2013 Mandatory Health and Safety Training for All Workers and Supervisors Prepared by: David Ashton Elizabeth Allen March, 2013

2 Mandatory Health and Safety Training for All Workers and Supervisors Background In 2010, the Expert Advisory Panel on Occupational Health and Safety recommended the development of mandatory, basic health and safety awareness training programs for all Ontario workplaces. The Ministry of Labour proposes to introduce new regulatory requirements that would require employers to ensure that all workers and supervisors complete mandatory occupational health and safety awareness training programs. The proposed requirements would apply to everyone who meets the current definitions of worker and supervisor under the Occupational Health and Safety Act (OHSA). Over the past year, the Ministry has been developing and has consulted on awareness training products for workers and supervisors. If the proposed regulation is made, employers would be required to ensure that workers and supervisors have completed the training developed by the Ministry or a similar training program that would meet the minimum proposed content requirements set out in the regulation, before or shortly after commencing work duties. Application and Coming into Force The proposed regulation would apply to all workplaces currently covered by the OHSA, regardless of sector, including but not limited to, industrial establishments, construction projects, health care and residential facilities, mines and mining plants, and farming operations. The proposal would also allow for a transition period to allow employers time to ensure that existing workers and supervisors have completed awareness training programs before the proposed regulation comes into effect. It is anticipated that the proposed new regulation would be filed on or before July 1, 2013 and would come into force on January 1, Timing The information covered by an occupational awareness training program is intended to be introductory. As such, once the proposed regulation comes into effect, and on a go forward basis, employers would need to ensure that new workers who have not already completed an awareness training program (that met the minimum proposed regulatory requirements) do so as soon as practicable after commencing work duties. Similarly, any new supervisors who have not already completed an awareness training program (that met the minimum proposed regulatory requirements) would need to do so within the first week of commencing supervisory duties. 1 P age

3 Transferability and Records The proposal would not specifically require workers and supervisors to retake an awareness training program that meets the requirements set out in the proposed regulation, if they change employers. Upon new workers and supervisors commencing their respective duties, employers would be required to verify and ensure that these workers and/or supervisors have previously completed an awareness training program (that met the minimum proposed regulatory requirements; for example, the worker or supervisor may have a certificate or other written proof of completion, depending on the program). Alternatively, employers may choose to have new workers and supervisors complete the employer s own awareness training program, upon commencing duties with that employer, so long as that training program meets the minimum requirements set out in the proposed regulation. The proposed regulation would explicitly require employers to keep records of completion for their workers and supervisors, to demonstrate compliance with the proposed new requirements, while allowing employers flexibility regarding the type or kind of record that must be kept. The Ministry of Labour would develop employer resources in advance of the effective date of the regulation to assist employers in complying with the proposed requirement to keep records, including examples of records that could be retained by employers to demonstrate compliance. Compliance The proposed regulation would deem an employer who has already ensured that their workers and/or supervisors have completed an awareness training programs (that met the minimum proposed regulatory requirements) prior to the effective date of the new requirement to be in compliance. This means that employers would not be required to re train workers and supervisors who have already completed awareness training programs covering the minimum content requirements prior to the anticipated coming into force date. The Ministry would have resources available to employers in advance of the proposed regulation coming into effect to assist them in assessing whether their own existing training programs would meet the proposed requirements. Should the proposed regulation be made, employers would be able to demonstrate compliance by having their workers or supervisors complete awareness training program products and materials that are being developed by the Ministry of Labour, or by having their workers or supervisors complete existing or alternate programs that met the minimum regulatory requirements. Course Content This one (1) day, 6 hour course is based on and exceeds the Expert Advisory Panel s report. 2 P age

4 Worker Awareness Rights and responsibilities of workers and supervisors under the OHSA Roles of workplace parties, health and safety representatives, and joint health and safety committees Roles of the Ministry of Labour, Workplace Safety and Insurance Board, and Health and Safety partners Hazard recognition Right to be informed of hazards Reference to an employer s obligations to provide information and instruction to workers about controlled products as required under Regulation 860 (WHMIS) of the OHSA Latency and illness related to occupational disease Supervisor Awareness Rights and responsibilities of workers and supervisors under the OHSA Roles of workplace parties, health and safety representatives, and joint health and safety committees Roles of the Ministry of Labour, Workplace Safety and Insurance Board, and Health and Safety partners Recognition, assessment, control and evaluation of hazards Where resources and assistance are available Upon completion, you will be able to: Understand your duties as defined in the Act and how these duties link with employer and worker duties Learn about the rights of workers and be able to explain how supervisors support these rights Identify how you can contribute to making the workplace healthy and safe List sources of information about health and safety Learn the importance of being a role model and leader of health and safety in the workplace Certification: Students who successfully complete this two day, twelve hour course will be issued both a Statement of Participation and the associated wallet card from St. Lawrence College. New Training Programs Regulation It is proposed that the new requirements would be introduced as part of a new training programs regulation to be made under the OHSA. In addition to the new general awareness training program provisions, the proposed new regulation would also include existing provisions currently found in O. Reg. 780/94 (Training Programs). The existing O. Reg. 780/94 would be revoked. 3 P age

5 It is the intent of the Ministry that, on a go forward basis, new training requirements could be added to this new regulation as they are proposed, approved and made. St. Lawrence College Contact: David Ashton Manager, Community Outreach and Corporate Learning Corporate Learning and Performance Improvement St. Lawrence College dashton@sl.on.ca Phone: x 3317 Mobile: Fax: P age

6 ROLAND BILLINGS INSTRUCTOR PROFILE CORPORATE LEARNING AND PERFORMANCE IMPROVEMENT Born and raised in Kingston, Ontario, Roland brings more than 30 years of industrial operational leadership experience with Alcan and Novelis. His career in the aluminum industry began on the shop floor and included supervisory positions, production and operations manager positions, and three years as plant manager at the Kingston Works site. For three and a half years Roland held the position as EHS Advocate for Novelis, a Global EHS Director position that involved oversight of all Novelis plants worldwide to identify risks in the facilities and to offer solutions to the site leadership to mitigate or eliminate the risks. During his time as Operations and Plant Manager the Kingston Site went ten years without a lost time accident, and in 2007 Roland was recognized by Aditya Birla, the parent company of Novelis, as an Outstanding Contributor at the Annual Chairman's Awards. Retired from Novelis, Roland lives in Kingston and continues to provide training in operational EHS and leadership. CLPI at St. Lawrence College supports organizations and individuals in the communities that we serve. We design, deliver, and manage training and human resource services that are integral to the development of an effective and productive workforce. 5 P age