Vehicle sales and service

Sector summary

This sector comprises establishments engaged primarily in the retailing of motor vehicles (new and used), providing complementary services and retailing motor vehicle parts and accessories. Examples are auto body repair shops, tow truck operators, general garage repairs and gas stations.

Key hazards

The following list represents hazards to which workers are commonly exposed in the vehicle sales and service sector:

• activities that may lead to musculoskeletal disorders (MSDs)
• machine (and powered equipment) hazards such as improper lock-out and unguarded equipment
• slips, trips and falls
• exposures (such as chemicals, designated substances and environmental conditions)
• noise
• vehicle traffic (road-side assistance providers)
• fire and explosion
• confined spaces
• tire explosion: over-inflation and pyrolysis.

In general, hazards that are not covered by a regulation and hazards in workplaces not covered by a sector-specific regulation are addressed through the application of the “general duty” clause 25(2)(h) of the Occupational health and safety Act (OHSA).

Workplace parties should refer to the narrative portion of the field visit report, if they have received one, for further information or contact their health and safety association  for guidance.

In addition to any other hazards which may be present in a workplace, all employers covered by the OHSA must comply with the requirements for workplace violence and harassment. The act sets out requirements for workplace violence and harassment in sections 32.0.1 to 32.0.8. Further information regarding the requirements related to workplace violence can be found in the Ministry of Labour (MOL) guide Workplace violence and harassment: Understanding the law.

Additional information, including more information about new workplace harassment provisions, can be found on the MOL topic webpages for Workplace Violence and Workplace Harassment. Employers may wish to consider the use of the ministry’s Code of Practice to Address Workplace Harassment under the Occupational health and safety Act.

Musculoskeletal disorders (MSDs)

Workplace pains and strains can be serious and disabling for workers, causing pain and suffering ranging from discomfort to severe disability.

MSD is not a medical diagnosis; it is an umbrella term for a group of injuries. Some of these injuries include: back pain, muscle strain, tendonitis, carpal tunnel syndrome (CTS), rotator cuff syndrome, tennis elbow and shoulder pain.

• Identify and assess job-related MSD risk factors (i.e. identify tasks and activities involving manual material handling, use of ladders, static or repetitive movements etc.).
• Review training on job-specific risk factors.
• Assess controls to reduce worker exposure to MSDs.
• Contact your health and safety association for guidance in assessments and prevention of MSDs.

Machine hazards

Machine or transmission start-up (improper lockout)

Injuries experienced by accidental machine start-up can include lacerations, crushing and amputations. In some circumstances these injuries can cause permanent disability or death.

The Regulation for Industrial Establishments (Regulation 851) applies to industrial establishments (such as an office building, factory, arena, shop or office or any land, buildings and structures pertaining there to) and sets out requirements for worker protection against machine start-up in sections 75 and 76.

• Review repair/maintenance of machinery [section 75].
• Ensure requirement/compliance with lockout procedures [sections 75 and 76].
• Ensure that instruction and information is provided to a worker on the hazard and the requirements to isolate and lockout hazardous energy [OHSA clauses 25(2)(a) and 25(2)(d)].

Unguarded equipment

Injuries to workers can include lacerations, amputations, crush by entanglement and loss of consciousness. Serious injuries can lead to permanent disability or death.

Hazards due to unguarded equipment include worker exposure to pinch points, moving (rotating) equipment and in-running nip hazards. Equipment that has exposed moving parts such as cutting equipment and exposed drive-motor assemblies used to power compressors and/or ventilation fans may endanger a worker. Regulation 851 sets out requirements for guarding of equipment in sections, 24, 25, 26, 28, 31 and 32.

• Ensure that the requirements for the guarding of prime movers or transmission equipment are followed [section 24].
• Ensure that pinch points are guarded [section 25].

Slips, trips and falls

Slips, trips and falls hazards include hazards that result in workers falling onto the same surface or falling from a height.

Injuries to workers can include fractures, lacerations and loss of consciousness. In extreme circumstances injuries caused from a fall can lead to permanent disability or death.

The Regulation for Industrial Establishments (Regulation 851) sets out a number of requirements for worker protection against slips, trips and falls, including but not limited to sections 11, 13, 14, 15, 73 and 85.

• Floors and other surfaces used by workers must be free of obstructions, hazards, accumulations of ice and snow and not have a slippery surface [section 11].
• In areas requiring ladder use, review compliance with section 73.
• Employers must provide information, instruction and supervision to protect workers from slips, trips and falls and acquaint workers with the hazards [OHSA clauses 25(2)(a) and 25(2)(d)].

Exposures

Chemical exposures

Chemicals can present hazards to workers by a variety of different mechanisms such as causing chemical burns to skin, irritation to eyes and airways and by absorption or injection into the body.

• Review the use of chemicals used in the workplace.
• Ensure compliance with requirement for skin protection [Regulation 851, section 84].
• Ensure compliance with requirement for eye protection [section 81].
• Ensure compliance with requirement for emergency eyewash facilities [section 124].
• Ensure compliance with requirement for emergency shower facilities [section 125].
• Ensure that workers are trained about precautions to take, use of protective equipment and emergency procedures [section130].
• Ensure that the requirements outlined in the Workplace Hazardous Materials Information System (WHMIS) (Regulation 860), and the requirements to monitor and control exposure limits as identified in the Control of Exposure to Biological or Chemical Agents (Regulation 833) are followed.

Designated substances

• Asbestos is a designated substance which has been found in after-market motor vehicle brakes. Isocyanates is also a designated substance, often found in resins and paints used in workplaces where auto-body repair work occurs. Refer to the regulatory requirements as outlined in the Designated Substances Regulation (O. Reg. 490/09).
• Employers should inventory all designated substances to determine their presence and develop control programs as required under the Designated Substances Regulation (O. Reg. 490/09).

General workplace environment

Workplace hazards related to the general workplace environment may include exposure to fumes and other contaminants related to poor or inadequate ventilation. Exposure to cold or heat may also be a hazard to worker health and safety.

• Ensure workplace ventilation is adequate [Regulation 851, sections 127 and 128].
• Ensure that a workplace is adequately heated where appropriate [section 129].
• Review sources of heat or excessive temperatures in the workplace and ensure that adequate controls are in place to protect workers.

Noise

Injuries to workers can include varying degrees of noise-induced hearing loss.

The Noise Regulation O. Reg. 381/15 sets out workplace requirements regarding noise.

• Review the engineering controls and administrative (work practices) controls in place to reduce noise levels and exposures (mufflers on air exhausts, mechanical damping, vibration isolators, enclosures, limiting worker’s exposure time) [subsection 2(2)].
• Review the availability and use of hearing protection [subsection 2(6)].
• Review the type of hearing protection provided [subsection 4(1)].
• Review placement of warning signs at approaches to noisy areas [subsection 2(7)].
• Review the training provided to workers [section 3].
• Personal protective equipment is to be used only as a last resort. Engineering controls and work practices must be used where practicable [subsection 2(5)].

Vehicle traffic

Injuries can occur when workers are struck by or come into contact with motorized equipment or vehicles in a workplace.

Where vehicles or motorized equipment are present:

• review locations where pedestrians and vehicles may be present in a workplace.
• ensure that controls are in place to adequately protect workers from vehicles and motorized equipment. [Regulation 851, section 20].

A comprehensive program to protect workers may include an assessment of the risks and implementation of measures and procedures appropriate in the circumstances, such as warning lights, signs, signallers, barriers and worker training. The use of reflective clothing appropriate for the circumstances is also important. Workplace parties may wish to refer to the Canadian Standards Association (CSA) standard CSA Z96-15 which contains performance criteria for high visibility garments. CSA Standard Z96-15 - High-visibility safety apparel is available through the Canadian Standards Association.

Fire and Explosion

Flammable liquids

Flammable liquids are defined in Regulation 851 as: “a liquid having a flash point below 37.8°C [100°F] and vapour pressure below 275 kilopascals absolute [40 psi] at 37.8°C.” While this definition covers flammable liquids in general, those that have a “flash point below 22.8°C [73°F] and a boiling point below 37.8°C” are highly volatile and therefore require greater control.

Injuries from fire and/or explosion can include burns, lacerations, fractures and loss of consciousness.

Regulation 851 sets out requirements for storage and dispensing of flammable liquids in sections 22, 23, 61 and 63.

• Ensure the safe use of solvents in the workplace in processes such as parts washing.
• Review requirements for flammable liquids such as the requirements for:
  • grounding and bonding [clause 22(4)(b)].
  • proper storage of flammable liquids [section 22].
  • ventilation and work area protection [sections 22 and 63].
• Review the requirements outlined in the WHMIS Regulation 860 and the requirements to monitor and control exposure limits as identified in Regulation 833.

Confined space

A “confined space” means a fully or partially enclosed space that is not both designed and constructed for continuous human occupancy, and in which atmospheric hazards may occur because of its construction, location or contents or because of work that is done in it.

Injuries to workers can include loss of consciousness and collateral injuries sustained as a result of loss of consciousness.

In some circumstances such as oxygen depletion, toxic substance inhalation or explosive atmosphere, injuries to workers can lead to permanent disability or death.

The Regulation for Confined Spaces (O. Reg. 632/05) sets out workplace requirements regarding confined spaces.

• Review work locations that meet the definition of “confined space.”
• Ensure compliance with the requirement to have a program in place for confined spaces [section 5].
• Ensure compliance with the requirement to have adequate assessments of confined spaces carried out [section 6].
• Ensure compliance with requirement to have an adequate plan developed and implemented for confined space entry [section 7].
• Review compliance with requirement for worker training [section 9].

Tire explosion: over-inflation and pyrolysis

Injuries from contact with wheel, rim and tire parts can include cuts, bruises, lacerations, fractures and severe impact trauma to the body. In extreme circumstances injuries can lead to permanent disability or death.

Large rubber tires for trucks and heavy equipment have the potential to explode with devastating force as the result of a decomposition process, which can occur when the tire overheats or is exposed to a heat source. This is known as pyrolysis. This can occur after the vehicle comes near or touches a high voltage power line, after a brake has been overheated, after the wheel has been heated with a torch, after a stud has been cut off a wheel or by welding on the wheel. Workers and others may sustain critical or fatal injuries as a result.

• Review controls to prevent worker injury during tire/rim replacement.
• Review worker protection from blow-off [Regulation 851, section 77].
• Employer must acquaint a worker with any known hazards, such as the risk of pyrolysis [OHSA clause 25(2)(d)]
• Review training provided to a worker on the hazards of pyrolysis [OHSA clauses 25(2)(a) and 25(2)(d)].

Trends

• Only critical injury events reported to the ministry are included here.
• These represent data that were reported to the ministry and may not represent what actually occurred at the workplace.
• The critical injury numbers represent critical injuries reported to the ministry and not necessarily critical injuries as defined by the Occupational health and safety Act.
• Non-workers who are critically injured may also be included in the ministry’s data.
• The Ministry of Labour tracks and reports fatalities at workplaces covered by the OHSA. This excludes death from natural causes, death of non-workers at a workplace, suicides, death as a result of a criminal act or traffic accident (unless the OHSA is also implicated) and death from occupational exposures that occurred many years ago.
• Data are subject to change because of inspectors’ updates to the database.

Most common orders issued under the OHSA

From April 1, 2016, to March 31, 2017, the most common orders issued by the Ministry of Labour under the OHSA were:

• An employer shall ensure that, the equipment, materials and protective devices provided by the employer are maintained in good condition [clause 25(1)(b)].
• An employer shall take every precaution reasonable in the circumstances for the protection of a worker [clause 25(2)(h)].
• An employer shall post, in the workplace, a copy of this act and any explanatory material prepared by the ministry, both in English and the majority language of the workplace, outlining the rights, responsibilities and duties of workers [clause 25(2)(i)].
• An employer shall provide information, instruction and supervision to a worker to protect the health or safety of the worker [clause 25(2)(a)].
• An employer shall prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy [clause 25(2)(j)].

Most common orders issued under the Industrial Regulations

From April 1, 2016, to March 31, 2017, the most common orders issued by the Ministry of Labour under Regulation 851 were:

• A lifting device shall, be thoroughly examined by a competent person to determine its capability of handling the maximum load as rated, prior to being used for the first time, and thereafter as often as necessary but not less frequently than recommended by the manufacturer and in any case, at least once a year, and a permanent record shall be kept, signed by the competent person doing the examination [clause 51(1)(b)].
• Where a worker is exposed to a potential hazard of injury to the eye due to contact with a biological or chemical substance, an eyewash fountain shall be provided [section 124].
• An in-running nip hazard or any part of a machine, device or thing that may endanger the safety of any worker shall be equipped with and guarded by a guard or other device that prevents access to the pinch point [section 25].
• Material, articles or things shall be transported, placed or stored so that the material, articles or things, will not tip, collapse or fall, and can be removed or withdrawn without endangering the safety of any worker [clause 45(b)].

Industrial Regulations identified by section

Inspectors may issue orders in the vehicle sales service sector under the following sections of the Regulation for Industrial Establishments where appropriate.

• Section 7 – pre-start health and safety review
• Section 11 – safe work surfaces
• Sections 13 and 14 – guardrails
• Sections 22 and 23 – flammable liquids
• Sections 24, 25, 26, 28 and 32 – guarding of equipment
• Section 45 – material handling and storage
• Section 49 – compressed gas cylinders
• Clause 51(1)(a) – examination of lifting device
• Clause 51(1)(b) – maximum rated load plainly marked on lifting device
• Section 57 – inadvertent vehicle movement
• Section 73 – portable ladder
• Section 84 – protection from noxious gas, liquid fume or dust
• Section 85 – fall arrest
• Section 124 – eyewash
• Section 125 – deluge shower

Applicable regulations

• Critical Injury – Defined Regulation 834
• Confined Spaces O. Reg. 632/05
• Control of Exposure to Biological or Chemical Agents Regulation 833
• Designated Substances O. Reg. 490/09
• Noise Regulation O. Reg. 381/15
• Occupational Health and Safety Awareness and Training O. Reg. 297/13
• Regulation for Industrial Establishments Regulation 851
• Workplace Hazardous Materials Information System (WHMIS) Regulation 860

Construction

Employers should be aware that in situations where construction work is undertaken, the Construction Projects Regulation (O. Reg. 213/91) may apply.

Construction work can be described as new work, additions, alterations or maintenance and repairs. The Occupational health and safety Act defines “construction” as including “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.”

General resources

Publications | Ministry of Labour

For information and Guides, Fact Sheets, Information Bulletins, Guidelines, Alerts, Engineering Data Sheets, Extracts, Reports, Consultations, Codes, and Standards.

Videos and photos | Ministry of Labour

To view Ministry of Labour videos and photos.

Health and Safety Partners

To learn about sector-assigned health and safety associations.

By the numbers: WSIB statistical report

To review Workplace safety and insurance board (WSIB) injury experience data.