Supporting workplaces to fulfill their occupational health and safety roles and responsibilities

Objective 3 of Prevention Works is focused on helping workplace parties adhere to their health and safety roles and responsibilities under the Occupational Health and Safety Act. By achieving excellence in the way we implement and manage OHS programs, we can improve safety for Ontario workers.

Develop, implement, monitor and evaluate new OHS programs

In November 2021, the Ontario government announced increased funding for the OMR program by $2.85 million. The government’s $8.1 million total investment in Workplace Safety North’s OMR and LiUNA Local 183 Training Center’s Tunnel Rescue training program supported the mining sector by training mine rescue crew members to ensure they are competent and physically capable of:

• performing the functions of a mine rescue
• keeping themselves and others safe during emergency response operations

Ontario Restaurant Hotel and Motel Association

The Ontario Restaurant Hotel & Motel Association (ORHMA) is a not-for profit business association. It is dedicated to fostering a positive business environment for the hospitality industry and providing its members with advocacy and other value-added services. With over 4,000 members representing more than 11,000 establishments across the province, it is the largest hospitality association in Ontario.

The ministry awarded ORHMA a short-term grant ahead of restaurants reopening in June 2021. The ORHMA collaborated with 4S Consulting to develop supportive resources on topics such as safety plans, employer reimbursement program and personal protective equipment for foodservice workers. 4S Consulting also delivered webinars on Safety Plans which reached more than 400 attendees.

Visiting Homemakers Association homecare survey

Founded in 1925 as the Visiting Homemakers Association (VHA), VHA is a not-for-profit charitable organization. It is dedicated to fiscal responsibility, ethical practices in all operations, and driving positive change in home and community care. In 2021, the VHA sought funding from the ministry in alignment with Prevention Works. VHA conducted a pilot study to develop a cross-sectional survey targeted towards the homecare sector and implemented practices of COVID‑19 to date. Three home care agencies participated to capture factors related to the use of personal protective equipment (PPE) for healthcare workers.

Between 2021–2023, the goal is to collect completed surveys from 500 nurses and 700 personal support workers through in-person and online recruitment strategies. Using this input, VHA will create educational strategies for healthcare workers to address identified barriers and enhance compliance with PPE use.

Recognizing employers and supporting OHS excellence

Supporting Ontario’s Safe Employers

Supporting Ontario’s Safe Employers (SOSE) is a Ministry of Labour, Immigration, Training and Skills Development program. It was established by the Chief Prevention Officer (CPO) in November 2019. The voluntary program promotes implementation of CPO-accredited Occupational Health and Safety Management Systems (OHSMS) in the workplace and helps reduce injuries and illness. SOSE is part of the province’s 2021 Budget, Ontario’s Action Plan: Protecting People’s Health and Our Economy.

As the restrictions brought about by COVID‑19 were lifted, employer applications to the SOSE program increased in 2021–2022. During the fiscal year, the ministry reviewed 11 new applications and conducted a total of three Year 2 annual reviews. Seven of these applications achieved initial CPO recognition. Three successfully revalidated their eligibility and are now in their second year of the program.

During this same period, the Workplace Safety & Insurance Board (WSIB) provided approximately $250,000 dollars in premium rebates through their Ontario Safe Employers Rebate Program to newly recognized employers. WSIB also provided approximately $75,000 dollars to employers reaching their second year in the program.

As of March 31, 2022, 10 CPO-recognized employers, who are also enrolled in the WSIB’s OSERP, received rebates under the WSIB’s Ontario Safe Employers Rebate Program for their successful completion of the WSIB program. One of the rebate eligibility criteria for that program is CPO recognition under SOSE. The total number of rebates issued since the start of the program is approximately $525,000.

The program will have additional promotion to increase awareness and program applications for 2022–2023.

Health and Safety Excellence program

The Workplace Safety Insurance Board (WSIB)’s Health and Safety Excellence program (HSEp) supports businesses of all sizes in improving workplace health and safety. Businesses work with program providers to integrate health and safety best practices into their workplace, while earning rebates on their WSIB premiums and other recognition to show employees, customers and investors their commitment to health and safety.  

In 2021, the WSIB focused on expanding the program membership to more small businesses in the agriculture, construction, transportation and municipal sectors. The Workplace Safety and Insurance Board (WSIB) worked efficiently to conduct almost 400 information sessions to provide details on the program to interested businesses and stakeholders.

More than 20 approved program providers support businesses through HSEp. Four of these providers are the province’s Safe Work Associations including WSN, PSHSA, IHSA and WSPS. As of March 31, 2022, there were 2,279 businesses enrolled in the program and over $15 million in rebates awarded to businesses who successfully implemented a variety of health and safety topics through the program.

Increasing compliance with the Occupational Health and Safety Act

Working for Workers Act, 2021

In November 2021, the OHSA was amended to require the owner of a workplace to provide access to a washroom at their workplace to workers making deliveries to or from the workplace. This includes, for example, delivery workers delivering items, such as food, couriers and truck drivers.

There are some exceptions to this requirement. An owner is not required to provide access to a washroom at a workplace to workers making deliveries if:

• Providing access would not be reasonable or practical for reasons related to the health and safety of any person in the workplace
• the washroom is in, or can only be accessed through, a dwelling, or
• it would not be reasonable or practical having regard to all the circumstances, including but not limited to:
  • the nature of the workplace
  • the type of work at the workplace
  • the conditions of work at the workplace
  • the security of any person at the workplace; and
  • the location of the washroom within the workplace

For example, a long-term care home could deny access to a washroom to a delivery worker where it is necessary to protect the health of medically vulnerable residents.

These new requirements came into force on March 1, 2022.

Working for Workers Act, 2022

The Working for Workers Act, 2022, received Royal Assent on April 11, 2022. Effective June 1, 2023 amendments to the Occupational Health and Safety Act will require an employer that becomes aware or ought reasonably to be aware, that there may be a risk of a worker having an opioid overdose at a workplace where that worker performs work for the employer to provide and maintain a naloxone kit and comply with related requirements. The Act was also amended to strengthen penalty provisions including increased fines for companies that are convicted of failing to follow workplace health and safety laws. The increased fines came into force on July 1, 2022.

First-aid regulation consultation results

In 2021, the ministry consulted on a proposal to transfer responsibility for workplace first aid from the Workplace Safety & Insurance Board (WSIB) to the ministry. This would include creating a new first aid regulation under the OHSA. The consultation proposal was open to public comment from January 8, 2021, to March 11, 2021.

A total of 72 submissions were received from various stakeholders. There was general support to extend first aid requirements to all workplaces covered by the OHSA and incorporate relevant requirements of the Canadian Standards Association standards for first aid kits and training. The ministry is currently developing a regulatory proposal for this initiative.

Health Care congregate living settings strategy

Congregate living settings include long-term care, retirement homes and group homes. In the fall of 2021, these settings saw growing numbers of COVID‑19 outbreaks, with both workers and residents. The ministry’s Health Care Health and Safety Program responded by implementing a strategy in October 2021 through Spring of 2022, which focused on congregate living settings in Ontario's health and community care sector. Using data from reports on occupational illness and Public Health Ontario, priority workplaces were identified for the ministry’s attention. Inspectors checked for overall compliance with the OHSA and its regulations, such as O. Reg. 67/93, Health Care and Residential Facilities. Some of the main areas of focus included:

• the role and function of Joint Health and Safety Committees or health and safety representatives
• active screening procedures
• information and instruction to workers on the prevention of infections
• PPE and other measures and procedures to protect workers
• reporting of occupational illnesses

The chart below summarizes the field visits and orders issued as the result of inspection activity between October 4, 2021, to March 28, 2022. The strategy fostered collaboration with partner ministries such as Ministry of Long-Term Care through sharing of inspection findings.