Compliance initiative results: High risk traumatic hazards — Struck-by, motor vehicle and mobile equipment hazards

Overview

From April 1, 2022 to June 30, 2022, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) conducted an occupational health and safety initiative which focused on struck-by, motor vehicle and mobile equipment hazards.

We began by focusing on education, outreach and awareness, in partnership with our health and safety associations to provide training and education to employers. The goal was to help employers comply with the requirements under the Occupational Health and Safety Act (OHSA) and its regulations prior to focused inspections.

Beginning May 1, 2022, we conducted a focused inspection blitz at workplaces to check that employers were complying with the OHSA and its regulations. In particular, inspectors checked that employers were taking appropriate action to assess and deal with hazards specifically for the protection of workers who:

• drive vehicles on roads or operate mobile equipment as part of their job, such as:
  • equipment operators in mines
  • truck drivers
  • bus drivers
  • workers who deliver products and materials
• drive from one work location to another, such as:
  • home health care providers
  • salespersons
  • security personnel
  • property managers
  • landscapers
  • mobile equipment operators
• work alongside moving vehicles or mobile equipment in workplaces, such as:
  • construction projects
  • waste management
  • emergency services
  • transit
  • vehicle servicing and warehouses

MLITSD inspectors:

• conducted 3644 field visits with 511 support role activities^{footnote i[i]}
• visited 3253 workplaces
• issued 7689 orders and requirements, including 526 stop work orders

Background

For the past 10 years, WSIB traumatic fatality statistics^{footnote 1[1]} show that motor vehicle incidents cause more traumatic fatalities to workers each year than any other type of event. In 2019, contact with objects and equipment accounted for 25% of allowed lost time injuries.

The data shows that drivers and pedestrians are at a high risk of injury and death.

There are numerous circumstances where workers drive vehicles and other mobile equipment as part of their job. Similarly, workers can be found working alongside moving vehicles and mobile equipment and are at risk of being struck by them.

According to the Ministry of Transportation in their 2016 Ontario Road Safety Annual Report,

"how road safety marketing campaigns result in a 12 percent reduction in collisions. Ontario aims to be among the many countries that emphasize proactive, preventative measures, particularly education and awareness initiatives that reduce risky driving behaviour.”

MLITSD has a part to play in reducing collisions and struck-by incidents which injure workers. This initiative aimed to:

• increase awareness of hazards related to driving
• increase awareness of hazards of working around vehicles and mobile equipment
• increase compliance with the OHSA and its regulations

Full report

Workplace inspection initiatives

Inspection initiatives are part of our compliance strategy. We announce to the sector, in advance, that we will be conducting an initiative, although individual workplaces are not notified in advance. The results of the initiative are typically posted online within 90 days. Inspectors’ findings may impact the number and level of future inspections of individual workplaces.

Inspectors may also refer employers to health and safety associations for compliance assistance and training.

Focus of the initiative

During the education phase of the initiative in April 2022, the ministry worked with our partner health and safety associations to provide information and resources to stakeholders in preparation for the upcoming enforcement phase. Outreach included the following:

• Infrastructure Health and Safety Association (IHSA) provided webinars and podcasts for the construction and transportation sectors.
• Workplace Safety and Prevention Services (WSPS) conducted a webinar and podcast for various sectors including warehousing, manufacturing and other sectors which use vehicles and mobile equipment.
• Public Services Health and Safety Association (PSHSA) assisted in communicating with the health care sector to provide information about the initiative and highlight the health and safety resources that were available to employers to assist them.

During the enforcement phase in May and June 2022, MLITSD inspectors focused on:

• policies in the workplace for topics, such as:
  • distracted or impaired driving
  • inclement weather
  • assistance in remote areas
• procedures and appropriate worker training in areas, such as:
  • appropriate driver training for the vehicle/mobile equipment
  • emergency procedures and equipment
  • vehicle pre-start checks and reporting deficiencies
  • loading, unloading and material handling
  • backing and safety around backing vehicles
  • line of sight awareness and use of signaller
  • vehicle maintenance, including any equipment found in the vehicles
  • parking brake use
  • seatbelts, barriers, warning signs, high visibility safety apparel or other safeguards
  • worker visibility for roadside workers
  • adequate lighting

Inspectors took appropriate action if contraventions were found under the OHSA or its regulations. This included:

• writing orders to employers, supervisors and workers to have them comply with legal requirements
• issuing stop work orders requiring employers to comply before work could continue

Inspection activity summary for industrial workplaces

Visits to workplaces

• 1538 field visits with 224 support role activities
• 1366 workplaces visited
• 3369 orders and requirements issued:
  • 3302 orders issued for contraventions under the OHSA and its regulations, including 81 stop work orders
  • 67 requirements issued to provide an inspector with workplace information
• an average of 2.47 orders and requirements issued per workplace visited
• an average of 2.19 orders and requirements issued per visit

Most frequently issued orders (industrial)

The most frequently issued OHSA orders involved employers’ failure to:

• ensure that the equipment, materials and protective devices provided by the employer are maintained in good condition [clause 25(1)(b)] — 324 orders or 9.62% of the total orders and requirements issued in the industrial sector during the initiative
• ensure the establishment and functioning of a joint health and safety committee, including monthly workplace inspections, quarterly meetings and member certification [s. 9] — 211 orders or 6.26% of the total orders and requirements issued in the industrial sector during the initiative
• develop and post written policies on violence or harassment [s. 32.0.1] — 204 orders or 6.06% of the total orders and requirements issued in the industrial sector during the initiative
• stop work orders: [ss. s. 57(6)] — 81 orders or 2.40% of the total orders and requirements issued in the industrial sector during the initiative

A total of 1367 orders were issued under the Industrial Establishments Regulation (Reg. 851). Orders were issued under the following sections (among others):

• inspection of lifting devices [clause 51(1)(b)] — 334 orders or 24.43% of total orders issued under the regulation
• safe material handling and storing against tipping and falling [s. 45, s. 46 and ss. 49(b)] — 283 orders or 20.70% of total orders issued under the regulation
• machine guarding [s. 24 and s. 25] — 171 orders or 12.51% of total orders issued under the regulation
• keep floor or surface free of hazards or obstructions [s. 11] — 145 orders or 10.61% of total orders issued under the regulation
• protection of workers from vehicle or pedestrian traffic [s. 20] — 47 orders or 3.44% of total orders issued under the regulation

As part of checking for worker training and appropriate supervision in workplaces, 204 orders were issued under the Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13) for contraventions involving:

• basic occupational health and safety awareness training for workers [s. 1] — 118 orders or 57.84% of total orders issued under the regulation
• basic occupational health and safety awareness training for supervisors [s. 2] — 82 orders or 40.20% of total orders issued under the regulation
• maintaining records of basic occupational health and safety awareness training [s. 4] — 4 orders or 1.96% of total orders issued under the regulation

Inspection activity summary for construction projects

Visits to workplaces

• 1,703 field visits with 250 support role activities
• 1,515 workplaces visited
• 3,692 orders and requirements issued:
  • 3,607 orders issued for contraventions under the OHSA and its regulations, including 402 stop work orders
  • 85 requirements issued to provide an inspector with workplace information
• an average of 2.44 orders and requirements issued per workplace visited
• an average of 2.17 orders and requirements issued per visit

Most frequently issued orders (construction)

The most frequently issued OHSA orders involved employers’ failure to:

• ensure workers have selected a health and safety representitive or have a functioning joint health and safety committee at the project [s. 8 and s. 9] — 56 orders
• ensure an employer complies with their duties under the OHSA [s. 25] — 37 orders
• stop work orders: [ss. 56(7)] — 402 orders or 10.89% of the total orders and requirements issued in the construction sector during the initiative
• the top contraventions leading to work stoppages were regarding fall related hazards, failure to provide safe access to a work area and failure to maintain or operate equipment in accordance with the regulatory requirement

A total of 3,040 orders were issued under the Regulation for Construction Projects (O. Reg. 213/91). Orders were issued under the following sections (among others):

• fall protection [s. 26-26.9, clause 135(1)(c) and ss. 233(4)] — 624 orders or 20.53% of total orders issued under the regulation
• access to and egress from work area (stairs, runway, ramps and ladders [s. 70-84] — 418 orders or 13.75% of total orders issued under the regulation
• personal protective equipment [s. 21-25] — 373 orders or 12.27% of total orders issued under the regulation
• operation, maintenance of equipment and storage or handling of material [s. 37, 39, 93-96, 101-109, 150, 152 and 157] — 193 orders or 6.35% of total orders issued under the regulation
• excavations [s. 224-241] — 134 orders or 4.41% of total orders issued under the regulation

Inspectors checked if construction equipment was in compliance with O. Reg. 856/90: Roll-Over Protection Structure issuing 19 orders under that regulation. A “roll-over protective structure”, in relation to a machine, means a structure that protects every operator of the machine who is wearing a restraining device from being crushed if the machine rolls over.

• No person shall use or operate a machine that is equipped with a restraining device unless the person is wearing the restraining device. [ss. 3(2)] — 15 orders or 78.95% of total orders issued under the regulation
• No person shall use or operate a machine unless it is equipped with a roll-over protective structure that meets the requirements of the regulation [ss. 3(1)] — 3 orders or 15.79% of total orders issued under the regulation

A total of 402 stop work orders were issued. This represented about 10.89% of all orders issued.

Inspection activity summary for health care workplaces

Visits to workplaces

• 279 field visits with 21 support role activities
• 263 workplaces visited
• 194 orders and requirements issued
  • 188 orders issued for contraventions under the OHSA and under the Health Care Regulation

Most frequently issued orders (Health Care)

The most frequently issued OHSA orders involved employers’ failure to:

• take every precaution reasonable in the circumstances for the protection of a worker [clause 25(2)(h)] — 29 orders or 14.9% of the total orders and requirements issued in the health care sector during the initiative
• ensure that the equipment, materials and protective devices provided by the employer are maintained in good condition [clause 25(1)(b)] — 15 orders or 7.73% of the total orders and requirements issued in the health care sector during the initiative
• employer to have policies on workplace violence and harassment and review them at least annually [s. 32.0.1] — 13 orders or 6.7% of the total orders and requirements issued in the health care sector during the initiative
• employer to post a copy of the OHSA in the workplace [clause 25(2)(i)] — 9 orders or 4.64% of the total orders and requirements issued in the health care sector during the initiative

A total of 38 orders were issued under the Health Care and Residential Facilities Regulation (O. Reg. 67/93). Orders were issued under the following sections (among others):

• materials being transported, placed or stored where they may tip, collapse or fall [ss. 103(2)] — 11 orders or 28.9% of total orders issued under the regulation.
• reviewing written measures and procedures at least annually or in light of current knowledge and practice [ss. 9(2)] — 4 orders or 10.5% of total orders issued under the regulation.
• improper storage or handling of compressed gas cylinders [ss. 74(1)] — 4 orders or 10.5% of total orders issued under the regulation.

As part of checking for worker training and appropriate supervision in workplaces, 4 orders were issued under the Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13) for contraventions including:

• basic occupational health and safety awareness training for workers [s. 1]
• basic occupational health and safety awareness training for supervisors [s. 2]

Inspection activity summary for mines and mining plants

Visits to workplaces

• 124 field visits with 16 support role activities
• 109 workplaces visited
• 434 orders and requirements issued
  • 190 orders issued for contraventions under the OHSA and its regulations, including 43 stop work orders
  • 14 requirements issued to provide an inspector with workplace information
• an average of 3.98 orders and requirements issued per workplace visited
• an average of 3.50 orders and requirements issued per visit

Most frequently issued orders (mining)

The most frequently issued OHSA orders involved employers’ failure to:

• ensure that the equipment, materials and protective devices provided by the employer are maintained in good condition [clause 25(1)(b)] — 59 orders or 14.42% of the total orders and requirements issued in the mining sector during the initiative
• provide information, instruction and supervision to a worker to protect the health or safety of the worker [clause 25(2)(a)] — 23 orders or 5.56% of the total orders and requirements issued during the initiative
• take every precaution reasonable in the circumstances for the protection of a worker [clause 25(2)(h)] — 21 orders or 5.07% of the total orders and requirements issued in the mining sector during the initiative
• stop work order: [ss. 57(6)] — 43 orders or 10.38% of the total orders and requirements issued in the mining sector during the initiative with a majority for guarding and defective equipment.

A total of 266 orders were issued under the Mines and Mining Plants Regulation (Reg. 854). Orders were issued under the following sections (among others):

• a conveyor shall be guarded by a guard that, unless it would render the pinch point inaccessible, extends at least 0.9 metres from the pinch point [ss. 196(3.1)] — 20 orders or 4.81% of total orders and requirements issued under the regulation
• employer at a mine shall, develop and maintain a written traffic management program and shall be reviewed at least annually [ss. 105.1(4)] — 18 orders or 4.33% of total orders and requirements issued under the regulation
• open side of a ramp haulage road in a surface mine shall be provided with a suitable protective barrier [ss. 116(2)] — 13 orders or 3.13% of total orders and requirements
• a procedure for the testing, maintenance and inspection of each motor vehicle shall be adopted and the procedure shall, provide a record of the testing, maintenance, inspection and testing that has been carried out [clause 105(7)(d)] — 12 orders or 2.88% of total orders and requirements issued under the regulation
• an employer at a mine shall, in consultation with the joint health and safety committee or health and safety representative, if any, develop and maintain a written traffic management program [ss. 105.1(1)] — 12 orders or 2.90% of total orders and requirements issued under the regulation

Observations

The results of this initiative indicate that workplace parties need to improve compliance with respect to struck-by, motor vehicle and mobile equipment hazards.

• Employers must ensure traffic management programs are developed and reviewed regularly as required.
• Interaction between mobile equipment and workers continues to be a very high hazard that can result in serious outcomes.
• Workers continue to be exposed to the potential hazard of being struck-by vehicles and mobile equipment. During the time that this initiative was carried out, 2 workers were killed by motor vehicles on construction projects.
• Heightened awareness of any hazard can bring change. All workplaces parties must continue to be diligent and not allow complacency to creep into their daily routines.
• The risk of collisions can be prevented by raising awareness and taking proper precautions.

Conclusion and next steps

Ministry inspectors will continue to pay attention to situations where workers work in or around vehicles and mobile equipment.

The results of the initiative confirm our need to continue to focus on traffic management programs and the interaction between mobile equipment and workers as well as a line-of-sight assessment for motor vehicles and mobile equipment at workplaces. Operators and workers working near motor vehicles and mobile equipment must be made aware of blind spots in any direction of operational movement.

A key to workplace health and safety in Ontario is the Internal Responsibility System (IRS). Workplace parties are encouraged to work together to identify and control all hazards.

Help for employers

Please contact our health and safety partners for more information

Workplace Safety North, (WSN) provides occupational health and safety resources, training, and industrial hygiene support and consulting for Ontario’s mining industries, including gold, nickel, and other underground and surface mines.