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Opportunities: Health and safety
Actions in progress
Update the Workplace Safety and Insurance Board’s business classification system
Status: Action in progress
What we heard
The current Workplace Safety and Insurance Board’s (WSIB) classification process is too broad and does not provide appropriate levels of coverage to modern businesses, such as those in the technology sector.
Our plan
The WSIB recently approved a new rate framework, with targeted implementation for January 2019 at the earliest. The new rate framework will better reflect individual employer experience and industry risk.
The WSIB will launch a robust stakeholder engagement and communication plan in 2017, which includes industry specific communication and approaches and reaching out directly to employers.
Eliminate paper-based communications for businesses that have opted to interact electronically with the Workplace Safety and Insurance Board
Status: Action in progress
What we heard
Businesses that have chosen to pay fees (i.e., premiums) and receive Workplace Safety and Insurance Board (WSIB) information online are still provided with paper-based mail, envelopes, and forms. These paper communications are repetitive and create extra handling costs for businesses and administrative costs for the WSIB.
Our plan
Work is underway to cancel premium remittance mail outs for firms using the WSIB’s digital services to report and pay premiums. This digital service improvement, along with others, is expected in 2018.
Actions tracking
Improve the delivery of hazardous materials and health and safety training
Status: Action tracking
What we heard
Employees who have taken hazardous materials training cannot always remember the information and may be unable to read material data sheets. Long and complex agendas mean that employees do not have sufficient time to ask questions about worker safety and are not always aware of their right to refuse unsafe work.
Our plan
The Ministry of Labour (MOL) provides a wide variety of free training resources on its website for mandatory worker and supervisor awareness training, including a guide, fact sheet and frequently asked questions.
MOL recently updated the OHSA and the WHMIS Regulation to adopt the new Globally Harmonized System requirements for the classification and labelling of chemicals. MOL will post the revised WHMIS and OHSA guides to its website in summer 2017.
Free resources are available to assist in compliance and to help reduce burden.
MOL will continue to review training materials available and update resources in 2017-18.
Streamline workers’ compensation processes around return-to-work, benefit rate setting and complaints
Status: Action tracking
What we heard
Businesses are unclear of the Workplace and Insurance Board’s (WSIB) processes, including:
- how WSIB determines when a worker can return to work safely after an injury
- how a formal complaint can be submitted to WSIB
- how benefit rate increases are calculated
Our plan
In 2017, the WSIB will review information on the WSIB website to ensure that the process for appealing a decision and raising a concern with the Fair Practices Commission is clear.
The WSIB is currently planning for the implementation of indexing of WSIB benefits, based on the percentage change in the Consumer Price Index for Canada, effective January 1, 2018.
The WSIB will make all reasonable efforts to contact a worker’s treating health care professional to obtain all relevant information when making decisions, including determining if return-to-work is appropriate.
Communicate the benefits of workers’ compensation coverage compared to private insurance
Status: Action tracking
What we heard
Small construction companies are unsure of the benefit of workers’ compensation coverage compared with that of personal or private insurance.
Our plan
The Workplace Safety and Insurance Board’s (WSIB) benefits and services mitigate the impact of workplace injuries and illnesses by supporting return to work, providing for health care and compensating lost wages.
The WSIB is undertaking a website review. Revisions will include highlighting the value of WSIB's coverage and details of the new rate setting framework currently in consultations.
Simplify requirements for small businesses around fuel-burning appliances and communicate rationale for decisions
Status: Action tracking
What we heard
It is hard for small businesses and homeowners to comply with the rules for fuel-burning appliances in a cost-effective way. In addition, the Technical Standards and Safety Authority inspectors do not clearly communicate the reasons behind their decisions or process requests in a timely manner.
Our plan
Ontario continues to review rules and processes to make it easier for people in their everyday lives while ensuring we meet our responsibilities for public safety.
The Technical Standards and Safety Act, and its regulations, require fuel burning appliances, including furnaces, to be compliant with the relevant codes to make sure of their safe operation. Under the law, fuel technicians must tag appliances that are not compliant if they are considered to be an imminent danger so they cannot be used.
The Technical Standards and Safety Authority (TSSA), which is responsible for administrating the regulations under the act, will be implementing various initiatives to support more consistent, efficient and supportive customer interactions as part of its new five-year strategic plan.
The Red Tape Challenge feedback will be reviewed as part of the next round of regulatory reviews, which is anticipated to start in 2018.
Better communicate Ontario’s risk-based approach to fire drills and how businesses can more easily comply
Status: Action tracking
What we heard
Monthly or quarterly fire drills required by the Ontario Fire Code reduce employee productivity and are an added cost to businesses.
Our plan
Under the Ontario Fire Code, fire drills for building management staff are required once every 12 months and once every three months in high rise buildings. The frequency of fire drills for building occupants is at the discretion of the building owner and outlined in the building’s fire safety plan, which is approved by the Chief Fire Official.
In 2017-18, the Office of the Fire Marshal and Emergency Management will review the guideline on fire drills as well as related public education materials for opportunities to develop messaging that is more clear and will share revised materials with fire services when available.
No action recommended
Communicate existing small business accommodations under hazardous material regulations
Status: No action recommended
What we heard
It is especially difficult for small businesses to comply with requirements under the Ontario Health and Safety Act (OHSA) and Workplace Hazardous Materials Information System (WHMIS).
Our plan
The Ministry of Labour (MOL) recognizes the needs of small businesses and has a dedicated webpage to assist them in getting the necessary information to support their work. Free resources and tools for small businesses are available.
Additionally, most health and safety associations, such as the Canadian Centre for Occupational Health and Safety, offer WHMIS training at a small cost.
In 2017-18, MOL will continue to review and update the small business webpage on its website, and also post the revised WHMIS and OHSA guides in summer 2017.
Educate businesses on payment methods and timelines for workers' compensation premiums
Status: No action recommended
What we heard
Businesses that pay workers’ compensation premiums at the bank on the due date are subject to late fees due to processing time.
Our plan
In 2017, the Workplace and Insurance Board (WSIB) will continue to educate employers on the processing time required by financial institutions for payments of premiums made at the bank and make sure employers are aware of other payment options available.
This information will continue to be communicated through various channels to employers, including premium remittance forms, account statements and the WSIB website.
Adopt best practices for machine guarding regulations
Status: No action recommended
What we heard
Industrial businesses feel that rules to have machine guards in place delay production and can make the equipment less safe. For example, a machine operator using one hand to enable a ‘dead man switch’ prevents the operator from using both hands to handle the equipment and/or product properly.
Our plan
While protecting the health and safety of Ontario’s workers is essential, allowing for flexibility in regulatory requirements is also very important.
Machine guarding requirements in the Ministry of Labour’s (MOL) Industrial Establishments Regulation (Reg. 851) are performance-based, to give this flexibility to workplaces in how they comply. This means that companies are required to comply with an order of non-compliance, but they then have the option in how best to comply with the order.
The regulation also contains an equivalency clause that allows the use of an alternative method of protection if the factors of strength, health, and safety are equal to or greater than what is prescribed in the regulation.
MOL will work with the business community to make sure their needs are met in providing helpful guidance and communications materials to aid in compliance.
Also, as part of ongoing modernization efforts, MOL will continue to monitor and consider potential regulatory changes and will consult publicly on any proposed changes.
Review the Electrical Safety Authority’s engagement and renewal processes
Status: No action recommended
What we heard
The Electrical Safety Authority’s processes are not clear and transparent on how and when regulations are being reviewed. Businesses feel that trades other than electrical contractors should be represented on the advisory committee to provide a broader viewpoint.
Our plan
The Electrical Safety Authority (ESA), Ontario’s electrical safety regulator, holds broad public and open consultations to get insight, recommendations and advice on regulatory amendments or key decisions. The consultations include input from relevant ESA advisory councils. Council members represent a diversity of interests, including trade associations, educational institutions and industry stakeholders. Membership is maintained as per each Council’s Terms of Reference, all available on ESA’s website with representatives. ESA welcomes feedback from the public and remains open to considering new members for any of its advisory councils through the Get Involved link on its website.
ESA engages in extensive data collection and analysis, taking an evidence-based approach to policy development, before submitting regulatory proposals to government for consideration.
Public consultations are posted on ESA’s website with notification provided to organizations and associations representing construction, labour, safety and standards, consumer, industry, electrical contractor, insurance, and municipal interests. This feedback is essential to ESA’s decision-making process in order to improve overall electrical safety in Ontario.
The Ministry of Government and Consumer Services posts proposed regulatory changes on the Ontario Regulatory Registry to make sure the public and industry stakeholders have the opportunity to provide input — this is part of the Open Government initiative, creating a more open and transparent government where the public can provide input into government policies and programs.
Create a best practices guide to working safely alone for sole owners/operators
Status: No action recommended
What we heard
Construction work can be dangerous especially when working alone. For instance, if a worker is alone and gets injured, there is no one there to help them.
Our plan
Working alone has the potential to be hazardous if proper procedures and precautions are not followed. The Ministry of Labour (MOL) recognizes this and has helpful guidance materials that are largely sector specific to provide support in understanding its legislation and regulations.
MOL will work with stakeholders to better communicate the existing protections that are currently within MOL’s regulations, and work to update and disseminate its guidance materials.