Our thanks to the many individuals and organizations that contributed to the development of this Guide: RMG CONSULTING GROUP INC.

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2 Our thanks to the many individuals and organizations that contributed to the development of this Guide: RMG CONSULTING GROUP INC.: Robert Gill ONPHA: Michelle Coombs, Manager, Education and Member Services 2017 by the Ontario Non-Profit Housing Association All rights reserved No part of this publication may be reproduced or transmitted in any form without permission in writing from the publisher. Requests for permission to make copies of any part of the work should be mailed to: ONPHA 489 College Street, Suite 401 Toronto, ON M6G 1A5

3 index User guide 1. Introduction How to use this guide Glossary of terms... 4 Appendix A: Health and Safety Manual 1.0 HEALTH AND SAFETY POLICY 1.1 Health and Safety Policy Statement 1.2 Employer Responsibilities 1.3 Constructor Responsibilities 1.4 Supervisor Responsibilities Site Supervisor/Foreman Responsibilities 1.5 Workers/Supplied Labour Responsibilities 1.6 Contractor Responsibilities 1.7 Visitor Responsibilities 1.8 Health and Safety Coordinator Responsibilities 2.0 HAZARD ASSESSMENT, ANALYSIS AND CONTROL 2.1 Health and Safety Hazards 2.2 Hazard Reporting 2.3 Health and Safety Hazard Assessment 2.4 Health and Safety Controls 3.0 SAFE WORK PRACTICES 3.1 Personal Conduct at Work 4.0 SAFE WORK PROCEDURES 4.1 Eye Protection Operating Procedure 4.2 Window Cleaning Policy 5.0 PERSONAL PROTECTIVE EQUIPMENT 5.1 Personal Protective Equipment Policy 6.0 MAINTENANCE, TOOLS, EQUIPMENT AND VEHICLES 6.1 Review of Program

4 index 7.0 TRAINING AND COMMUNICATIONS 7.1 Training Needs Review 7.2 Applicable Training 8.0 WORKPLACE INSPECTIONS 8.1 Manager/Supervisor Inspections 8.2 Joint Health and Safety Committee/Health and Safety Representative 8.3 Equipment to Be Inspected 9.0 INCIDENT INVESTIGATION AND REPORTING 9.1 Review of Injuries/Incidents 9.2 Investigators Manager/Supervisor Joint Health and Safety Committee/Health and Safety Representative 9.3 Assessment of the Scene 9.4 Interviewing 9.5 Identifying Contributing Factors 9.6 Report 9.7 Recommendations for Corrective Action 9.8 Notification Requirements 9.9 Refusal to Work Refusal to Work Procedure 9.10 Work Stoppage Bilateral Work Stoppage Procedure Unilateral Work Stoppage 9.11 Reprisals by the Employer 10.0 RECORD KEEPING 11.0 LEGISLATION 11.1 Posted Health and Safety Materials 12.0 OCCUPATIONAL HEALTH 13.0 FIRST AID REQUIREMENTS 13.1 Availability of First Aid Kits 13.2 Required Components in the First Aid Kits 13.3 Number of Trained/Qualified First Aiders 13.4 First Aid Trained Personnel in Vicinity of First Aid Kits 13.5 First Aid Treatment/Advice Recorded

5 index 13.6 First Aid Certificates Posted 13.7 First Aid Inspection Record 13.8 Stretcher and Blankets 13.9 First Aid Room Transportation Provided Construction Site Requirements 14.0 JOINT HEALTH AND SAFETY COMMITTEE/HEALTH AND SAFETY REPRESENTATIVE A joint health and safety committee is not required for a workplace with fewer than 20 workers. Please see recommended language under each section in the body of the document Introduction Composition Selection Posting of Names and Work Locations Inspections Schedule of Inspections Meetings Recommendations to the Employer 14.2 Health and Safety Representative Mandatory Selection of Health and Safety Representative Order Appointing Health and Safety Representative Selection of Representatives Inspections Schedule of Inspections 14.3 Powers of Joint Health and Safety Committee/Health and Safety Representative 14.4 Response to Recommendations 14.5 Accident Reporting 14.6 Entitlement to Time from Work 14.7 Worker Trades Committee 15.0 WORKPLACE VIOLENCE AND HARASSMENT 15.1 Workplace Violence and Harassment Policy Statement 16.0 EARLY AND SAFE RETURN TO WORK 16.1 Early and Safe Return-to-Work Policy 16.2 Roles and Responsibilities Employer Workplace Safety and Insurance Board Program Coordinator

6 index Injured Worker Physician Workplace Safety and Insurance Board (WSIB) Procedures 16.3 Contact with Injured Worker 16.4 Medical Monitoring and Treatment 16.5 Provisions for Modified Duties 16.6 Reintegration of Worker 16.7 Reporting Requirements Employer Worker Appendix B: Safe Work Procedures B.1 Access and Egress in the Workplace B.2 Asbestos Awareness B.3 Compressed Air Use B.4 Confined Spaces B.5 Electrical Safety B.6 Elevating Work Platforms B.7 Emergency Fall Arrest Rescue Program B.8 Emergency Response Procedures B.9 Explosive/Powder-Actuated Tools B.10 Fall Protection Systems B.11 Fire Safety and Extinguisher Use B.12 Flammable and Hazardous Materials B.13 Housekeeping at Work General B.14 Ladder Use B.15 Mechanical Safety Tag and Lockout B.16 Office Safety B.17 Personal Hygiene B.18 Scaffold Use B.19 Temporary Lighting and Heating B.20 Tool Equipment Use and Inspection B.21 Traffic Control B.22 Transportation of Dangerous Goods (Guideline) B.23 Vehicle Use for Company Business B.24 Visitors and Public Protection B.25 Working Alone

7 index Appendix C: Forms C.1 Pre-Start Hazard Assessment C.2 Worker Hazard Reporting Form C.3 Hazard Corrective Action Follow-Up Form C.4 New Worker Orientation C.5 New Worker Orientation Follow-Up C.6 Tool Box Talk C.7 General Equipment Pre-Start Inspection Checklist C.8 Fall Protection Pre-Start Inspection Checklist C.9 Elevating Work Platform Pre-Start Checklist C.10 Vehicle/Equipment Pre-Start Inspection Checklist C.11 Daily/Weekly Supervisor Inspection Checklist C.12 Joint Health and Safety Committee/Health and Safety Representative C.13 Work Refusal Report: Stage 1 C.14 Health and Safety Posting Board Layout C.15 First Aid Kit Inspection Form C.16 First Aid Treatment Log C.17 Workplace Violence Incident Report C.18 Respectful Workplace Harassment Complainant Form C.19 Respectful Workplace Harassment Respondent Form C.20 WSIB Early and Safe Return-to-Work Package C.21 Early and Safe Return-to-Work Letter to Doctor C.22 Modified Duties Offer C.23 Incident Reporting Form C.24 Accident Investigation Report C.25 Witness Statement Appendix D: Senior Management Guidelines D.1 Continuous Improvement Plan D.2 Review of Health and Safety Trends D.3 Response to Recommendations D.4 Communication Program D.5 Health and Safety Integration D.6 Documentation of Program Changes D.7 Executive Management Inspections

8 user GUIDE 1 INTRODUCTION This Health and Safety Guide is designed to provide a basis for a health and safety program to assist in compliance with the Occupational Health and Safety Act and associated regulations. Applicable Forms and standard Safe Work Procedures are included as needed. Unionized workplaces have many of their health and safety practices laid out in the collective agreement negotiated between management and the union. Nevertheless, unionized workplaces also benefit from a strong policy framework and related practices. Therefore, this Guide and resulting framework can be used in unionized workplaces in conjunction with the collective agreement. The terms of the collective agreement prevail, but the Appendix A Manual may set out the rules of the workplace not covered by the agreement. 1

9 NOTE: The information and tools in this Guide are available for the convenience of ONPHA members. They do not replace legal advice. Workplaces and situations differ and people understand things differently. Some of the advice in this Guide may not be suitable for your organization. All boards need to consider these fundamental health and safety matters and guide management s approach to day-to-day operations. To promote quality management, health and safety practices should be documented and improved by employers over time. Practices should be vetted to ensure that they are within the law, particularly since legislative requirements change. The policies, procedures and tools in this Guide have been written by health and safety professionals to ensure that they comply with legislative requirements at the time of printing. They can be adapted to the needs of each housing provider to conform to the housing provider s legal obligations. We encourage housing providers to stay current and obtain advice as needed. Due diligence is a critical element in the defence of a person or corporation charged under the Occupational Health and Safety Act and/or the associated regulations. Under the legislation, anyone can be charged. This can include the worker, supervisor, manager, director, executive and owner. It is also noted that more than one person can be charged for the same offence. If charged, a person may be found not guilty if they can prove that due diligence was exercised. The defendant must be able to prove that all precautions, reasonable under the circumstances, were taken to protect the health and safety of workers. The Occupational Health and Safety Act sets out the principles of the law, and assigns general rights and responsibilities to individuals and organizations The Occupational Health and Safety Act (OHSA) and its various regulations set out a number of requirements that are intended to protect workers against health and safety hazards on the job. It is intended to promote an internal responsibility system with shared responsibility between employer and worker. The OHSA applies to all employers and their workers and includes self-employed contractors. Regardless of the number of workers, the employer must do everything reasonable under the circumstances for the protection of workers. Workers must comply with policies and procedures designed to protect them in the workplace. The Manual in Appendix A can be used to design your health and safety program. The Act authorizes the Ministry of Labour or Cabinet to enact specific regulations that determine how the law operates and provides many specific requirements related to the specific industry. 2

10 2 HOW TO use THIS GUIDE This Guide, the sample Manual and other associated appendixes help demonstrate due diligence. Key definitions are outlined in the glossary on page 4. Outlined below are instructions on how to use the various tools in this Guide. Appendix A HEALTH AND SAFETY MANUAL: This Manual can be adapted in its entirety by housing providers. Unless noted otherwise, components of this manual are required under law. Appendix B SAFE OPERATING PROCEDURES: These procedures address various situations or processes that may be relevant for housing providers. If any of the conditions or processes exist, employers are required to have associated safe operating procedures in place. Having safe operating procedures in place demonstrates the housing provider s commitment to ensuring health and safety in the workplace. Appendix C FORMS: These forms correspond to references within the manual. If a procedure is put in place, the corresponding forms should also be used. Appendix D SENIOR MANAGEMENT GUIDELINES: These guidelines are recommended best practices. While they are targeted to housing providers that are large enough to have senior management, they could also be applicable to smaller housing providers. Some text appears IN RED. Please review this text and take action accordingly. Once you have made the changes, remove the RED INSTRUCTIONS. In particular, please replace [THE ORGANIZATION] with your organization s name. 3

11 3 glossary OF TERMS Adequate when used in relation to a procedure, plan, material, device, object or thing means that it is: a sufficient for both its intended and its actual use b sufficient to protect a worker from occupational illness or occupational injury Architect means a member or licensee of the Ontario Association of Architects under the Architects Act. Board means the Ontario Labour Relations Board. Boom means the projecting part of a backhoe, shovel, crane or similar lifting device from which a load is likely to be supported. Building Code means any version of the Ontario Building Code that was in force at any time since it was made under the Building Code Act, 1974; the Building Code Act of the Revised Statutes of Ontario, 1980; the Building Code Act of the Revised Statutes of Ontario, 1990; the Building Code Act, 1992; or a successor to the Building Code Act, Certified member means a committee member who is certified under section 7.6. Chief Prevention Officer, means the Chief Prevention Officer appointed under subsection 22.3 (1). Committee means a joint health and safety committee established under this Act. Competent person means a person who is: a qualified because of knowledge, training and experience to organize the work and its performance b familiar with this Act and the regulations that apply to the work c knowledgeable about any potential or actual danger to health or safety in the workplace 4

12 glossary OF TERMS Construction includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting or concreting; the installation of any machinery or plant; and any work or undertaking in connection with a project but does not include any work or undertaking underground in a mine. Constructor means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. Deputy Minister means the Deputy Minister of Labour. Designated substance means a biological, chemical or physical agent or combination thereof prescribed as a designated substance to which the exposure of a worker is prohibited, regulated, restricted, limited or controlled. Director means an inspector under this Act who is appointed as a Director for the purposes of this Act. Employer means a person who employs one or more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services. Engineer of the Ministry means a person who is employed by the Ministry and who is licensed as a professional engineer under the Professional Engineers Act. Fire-resistance rating means the rating in hours or fraction thereof that a material or assembly of materials will withstand the passage of flame and the transmission of heat when exposed to fire, as established for the material or assembly of materials under the Building Code Act. Flammable liquid means a liquid having a flash point below 37.8 Celsius and a vapour pressure below 275 kilopascals absolute at 37.8 Celsius. Hazardous material means a biological or chemical agent named or described in the regulations as a hazardous material. Hazardous physical agent means a physical agent named or described in the regulations as a hazardous physical agent. Health and safety representative means a health and safety representative selected under this Act. Homework means the doing of any work in the manufacture, preparation, improvement, repair, alteration, assembly or completion of any article or thing or any part thereof by a person for wages in premises occupied primarily as living accommodation. 5

13 glossary OF TERMS Industrial establishment means an office building, factory, arena, shop or office, and any land, buildings and structures appertaining thereto. Inspector means an inspector appointed for the purposes of this Act and includes a Director. Labour relations officer means a labour relations officer appointed under the Labour Relations Act, Licensee means a person who holds a licence under Part III of the Crown Forest Sustainability Act, Lifting device means a device that is used to raise or lower any material or object and includes its rails and other supports but does not include a device to which Ontario Regulation 209/01 (Elevating Devices), made under the Technical Standards and Safety Act, 2000, applies. Ministry means the Ministry of Labour. Occupational illness means a condition that results from exposure in a workplace to a physical, chemical or biological agent to the extent that the normal physiological mechanisms are affected and the health of the worker is impaired thereby and includes an occupational disease for which a worker is entitled to benefits under the Workplace Safety and Insurance Act, Office of the Employer Adviser means the office continued under subsection 176 (2) of the Workplace Safety and Insurance Act, Office of the Worker Adviser means the office continued under subsection 176 (1) of the Workplace Safety and Insurance Act, Owner includes a trustee, receiver, mortgagee in possession, tenant, lessee or occupier of any lands or premises used or to be used as a workplace, and a person who acts for or on behalf of an owner as an agent or delegate. Prescribed means prescribed by a regulation made under this Act. Prime mover means an initial source of motive power. Professional engineer means a member or licensee of the Professional Engineers Ontario under the Professional Engineers Act. Project means a construction project, whether public or private, including the following: a the construction of a building, bridge, structure, industrial establishment, mining plant, shaft, tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, water main, service connection, telegraph, telephone or electrical cable, pipeline, duct or well, or any combination thereof b the moving of a building or structure c any work or undertaking, or any lands or appurtenances used in connection with construction 6

14 glossary OF TERMS Regulations means the regulations made under this Act. Service room means, in relation to a building, a room that accommodates building services and includes a boiler room, furnace room, incinerator room, garbage room, elevator machine room and a room that accommodates air conditioning or heating appliances, pumps, compressors or electrical services. Shop means a building, booth or stall or a part of such building, booth or stall where goods are handled, exposed or offered for sale or where services are offered for sale. Supervisor means a person who has charge of a workplace or authority over a worker. Trade union means a trade union as defined in the Labour Relations Act, 1995 that has the status of exclusive bargaining agent under that Act in respect of any bargaining unit or units in a workplace and includes an organization representing workers or persons to whom this Act applies where such organization has exclusive bargaining rights under any other Act in respect of such workers or persons. Transmission equipment means any object or objects by which the motion of a prime mover is transmitted to a machine that is capable of utilizing such motion and includes a shaft, pulley, belt, chain, gear, clutch or other device. Worker means any of the following, but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program: 1. a person who performs work or supplies services for monetary compensation 2. a secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled 3. a person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university or other post-secondary institution 4. a person who receives training from an employer, but who, under the Employment Standards Act, 2000, is not an employee for the purposes of that Act because the conditions set out in subsection 1 (2) of that Act have been met 5. such other persons as may be prescribed who perform work or supply services to an employer for no monetary compensation Working space means any space where persons are engaged in the performance of work within a foundry but does not include offices, lunchrooms, locker rooms, change rooms, restrooms, washrooms, shower rooms, toilet rooms, pattern shops, maintenance shops, laboratories, shipping areas, the storage space occupied by equipment or materials not regularly in use or the enclosed space where core sands and moulding sands are stored. 7

15 glossary OF TERMS Workplace means any land, premises, location or thing at, upon, in or near which a worker works. Workplace harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. Note: On September 8, 2016, the definition of workplace harassment in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2016, c. 2, Sched. 4, s. 1 (1)) Workplace harassment means either of the following: a engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome b workplace sexual harassment b making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome Workplace violence means any of the following: 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 Note: On September 8, 2016, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2016, c. 2, Sched. 4, s. 1 (2)) Workplace sexual harassment means either of the following: a engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome 8

16 ONTARIO NON-PROFIT HOUSING ASSOCIATION 489 College Street, Suite 400, Toronto, Ontario, Canada M6G 1A5 In Toronto: (416) Toll-free: Fax: (416) /ONPHAjm