This page was published under a previous government and is available for archival and research purposes.
Opportunities: Health and safety
Actions in progress
Conduct a full review of the health and safety mining regulations under O. Reg. 854
Status: Action in progress
What we heard
There are a number of issues around standards and practices identified in regulations under the Occupational Health and Safety Act related to ventilation, hoists, safety fuses, blasting, fencing, and remote sensing methods.
Our plan
A comprehensive review of mining health, safety and prevention issues was completed in April 2015. It was led by the Chief Prevention Officer and an Advisory Panel with representatives from labour, management and health and safety system partners.
The mining regulation has been amended to reflect many of the recommendations of the review, most recently in mid-2016, with amendments coming into effect on both July 1, 2016 and January 1, 2017.
Regular reviews and updates to the mining regulation are part of a well-established process, which relies on the expertise of management and workers on the Mining Legislative Review Committee (MLRC) and its various subcommittees. Whenever amendments are proposed to a regulation, there is a public consultation.
MLRC is actively considering potential amendments relating to requirements for ventilation, hoists, and management of change processes.
The Ministry of Labour continually works with the MLRC to conduct reviews of outdated references to standards, other legislation, etc., and to keep provisions in the Mines and Mining Plants regulation up-to-date.
Actions tracking
Consider the adoption of working in cold weather regulations
Status: Action tracking
What we heard
Safety requirements for workers in cold weather climates are not adequate. This leads to companies not reporting cases of severe frostbite.
Our plan
Employers are required to take all reasonable precautions to protect the health and safety of workers by section 25(2)(h) of the Ontario Health and Safety Act. This includes protection from cold weather.
As of January 1, 2017, there are requirements to conduct risk assessments and implement controls to address hazards, which could apply to the risks of working in cold weather, depending on the nature of the operation.
Review the Coroner’s Inquest process with the aim of reducing timelines
Status: Action tracking
What we heard
Timelines to receive recommendations from the Coroner’s Office about how to improve the health and safety of mine workers after a mining-related fatality take too long.
Our plan
The Office of the Chief Coroner (OCC) is undertaking a review of the inquest system to identify opportunities for modernization, greater effectiveness and improved efficiency in the inquest system. One of the subjects of the review is the OCC’s approach to mandatory inquests. Currently, an inquest into a workplace death cannot proceed until criminal and Occupational Health and Safety Act (OHSA) charges have reached a disposition, which typically takes two or three years.
The OCC is considering options that may result in more efficient timeframes for reviewing these deaths. These options include increased information sharing between the judicial system and the OCC, more effective use of inquest resources, and procedural changes which would reduce delays and increase efficiency of inquests.
Consider if health and safety management system standards should be explicitly referenced in the Occupational Health and Safety Act regulations
Status: Action tracking
What we heard
Health and safety rules do not align with industry standards, such as the Canadian Standards Association (CSA) Z1000 family of standards, which can negatively impact the adoption of health and safety standards by businesses.
Our plan
The Ministry of Labour will review the CSA standard on health and safety management systems to assess its potential applicability to the mining sector and would consider adopting it if it does not increase the regulatory burden on business.
Communicate why the government does not allow employers to use private accident insurance coverage
Status: Action tracking
What we heard
There is a perception that employers should have the option of buying private accident insurance coverage instead of Workplace Safety Insurance Board (WSIB) coverage.
Our plan
The WSIB’s 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.
No action recommended
Consider including Pre-star Health and Safety Review standards in the mines and mining plants regulation
Status: No action recommended
What we heard
The mining and mining plant regulations from the Mining Act do not reference pre-start health and safety review standards in the industrial establishments regulation, which causes confusion for mining companies about which safety devices they should install on their equipment to protect their workers.
Our plan
The Ministry of Labour provides information and mining specific resources to stakeholders about a variety of issues, including guarding and safety devices, on its website.
Consolidate working at heights training requirements for mining workers
Status: No action recommended
What we heard
There are two different regulations that govern working at heights in the mining sector. This means that mining companies may be required to implement two different training programs to protect these workers.
Our plan
The training requirements in Occupational Health and Safety Awareness and Training regulation for working at heights only apply to workers on construction projects.
Fall protection requirements for mines (surface and underground) are set out in section 14 of the Mines and Mining Plants regulation.
Information and resources regarding the Working at Heights Training Program are available on the Ministry of Labour’s website.
Review the Occupational Health and Safety Act regulations to determine if the Internal Responsibility System definition should be included
Status: No action recommended
What we heard
The Internal Responsibility System (IRS) is not identified or defined in the Occupational Health and Safety Act, which creates confusion and means that Ontario’s requirements do not match those from other provinces, such as Nova Scotia.
Our plan
To assist workplace parties in understanding the IRS, the Ministry of Labour has published a Guide to the Ontario Health and Safety Act that provides comprehensive information regarding the IRS, the roles and responsibilities of the workplace parties, and the rights of workers (Right to Know, Refuse, and to Participate).
Harmonize the treatment of temporary power in mines
Status: No action recommended
What we heard
There are discrepancies in the rules around how temporary power should be handled in mining operations.
Our plan
The Mines and Mining Plants regulation allows flexibility for industry in selecting an appropriate standard for electrical work including the Electrical Safety Code.
The regulation includes performance based requirements around the installation or modification of electrical equipment, developed with stakeholder input from the Mining Legislative Review Committee.
Explore the feasibility of making Canadian Standards Association safety codes publicly available
Status: No action recommended
What we heard
Businesses do not have free, easy access to all Canadian Standards Association standards, such as building, fire and electrical codes, despite having to comply with rules under these standards. This results in additional costs to business to understand and comply with the codes.
Our plan
National standards and codes are developed through consensus by committees of industry experts. These committees are organized and managed by Standards Development Organizations (SDOs) such as the Canadian Standards Association (CSA) and Underwriters' Laboratories, which specialize in the development of standards and codes. SDOs fund the development of these standards and codes by making them available for purchase. The funding model for national standards and codes is managed by the SDOs.
Ontario adopts national codes into regulation but often with amendments to better meet the needs of the province. For example, under the Electricity Act, Ontario’s Electrical Safety Code (OESC) regulation adopts the Canadian Electrical Code (CEC) with Ontario specific amendments. The CEC is published by the CSA and is available for purchase on the CSA’s website. The Ontario specific amendments to the code (OESC) are developed by the Electrical Safety Authority (ESA) and are publicly available on the ESA’s website at no cost. The Technical Standards and Safety Authority takes the same approach with the codes adopted under the Technical Standards and Safety Act.
Consider reviewing Workplace Safety and Insurance Board policies to make them more balanced between employer and employee
Status: No action recommended
What we heard
There is a perception that Workplace Safety Insurance Board (WSIB) processes favour employers at the expense of employees, and that this is unfair.
Our plan
The WSIB strives to treat workers and employers fairly and ensure that workers who suffer work-related injuries receive the WSIB benefits and services they are entitled to. The WSIB regularly engages with worker and employer stakeholder groups to discuss their concerns and identify policy/practice issues that may need to be reviewed.
The WSIB reviews policies when issues arise that may require policy changes (e.g., legislative/regulatory changes, stakeholder concerns, etc.). Also, when a policy is revised, or a new policy is developed, it is generally reviewed within five years to ensure it is achieving intended outcomes. However, in some cases, a shorter review period is chosen. As part of the policy review/development process, the WSIB engages stakeholders and carefully considers their feedback.
Through the adjudicative excellence initiative, the WSIB will continue to look for ways to improve how workers and employers engage with the WSIB during the claims process.
Identify opportunities to better inform workers about health and safety requirements, rights, and method for escalation of concerns
Status: No action recommended
What we heard
There is a perception that:
- health and safety training is inadequate to protect workers
- workers may not be aware of how to escalate concerns related to health and safety violations to the Ministry of Labour
- if a worker uses the Occupational Health and Safety Act handbook, they will be perceived as a whistleblower
This negatively impacts peoples' desire to hold companies accountable for inadequate health and safety practices.
Our plan
The Ministry of Labour routinely updates its guidance and promotional material and will explore opportunities to further inform workers of their rights and ability to have workplace hazards addressed.
Anyone can contact the Ministry of Labour’s Health and Safety Contact Centre toll-free at 1-877-202-0008 if they have questions about health and safety requirements or to report a workplace incident.
The ministry will continue to promote information on reprisals on its website.
Review and reinforce section 50 of the Occupational Health and Safety Act
Status: No action recommended
What we heard
Workers will not file health and safety complaints because they are afraid of the consequences of doing so.
Our plan
The Ontario Health and Safety Act allows the Ministry of Labour to refer reprisals to the Ontario Labour Relations Board (OLRB) and allow reprisals to be heard by the OLRB in a timely manner.
Small employers and non-union workers are also able to go to the Office of the Employer Advisor and the Office of the Worker Advisor for help.
The ministry will continue to promote information on reprisals on its website.
Publicize recent clarification of the definition of critical injury
Status: No action recommended
What we heard
The definition of critical injury is too narrow to protect workers.
Our plan
In January 2017, the Ministry of Labour published a clarification of the critical injury definition with respect to the application of clauses (d) and (e) of the regulation.
The Ontario Health and Safety Act and its regulations are regularly reviewed for consistency. The ministry will assess how critical injury is defined when considering any future related amendments to its regulations and will consult the public on any proposed changes.