O. Reg. 297/13: OCCUPATIONAL HEALTH AND SAFETY AWARENESS AND TRAINING

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Occupational Health and Safety Act

ONTARIO REGULATION 297/13

OCCUPATIONAL HEALTH AND SAFETY AWARENESS AND TRAINING

Consolidation Period: From January 1, 2021 to the e-Laws currency date.

Last amendment: 751/20.

Legislative History: 253/14, 84/17, 191/19, 96/20, 751/20.

This is the English version of a bilingual regulation.

Basic Occupational Health and Safety Awareness Training

Basic occupational health and safety awareness training — workers

1. (1) An employer shall ensure that a worker who performs work for the employer completes a basic occupational health and safety awareness training program that meets the requirements set out in subsection (3) as soon as practicable. O. Reg. 297/13, s. 1 (1).

(2) Subsection (1) does not apply if,

(a)  the worker previously completed a basic occupational health and safety awareness training program and provides the employer with proof of completion of the training; and

(b)  the employer verifies that the previous training meets the requirements set out in subsection (3). O. Reg. 297/13, s. 1 (2).

(3) A basic occupational health and safety awareness training program for workers must include instruction on the following:

1.  The duties and rights of workers under the Act.

2.  The duties of employers and supervisors under the Act.

3.  The roles of health and safety representatives and joint health and safety committees under the Act.

4.  The roles of the Ministry, the Workplace Safety and Insurance Board and entities designated under section 22.5 of the Act with respect to occupational health and safety.

5.  Common workplace hazards.

6.  The requirements set out in Regulation 860 (Workplace Hazardous Materials Information System (WHMIS)) with respect to information and instruction on hazardous products.

7.  Occupational illness, including latency. O. Reg. 297/13, s. 1 (3); O. Reg. 191/19, s. 1.

Basic occupational health and safety awareness training — supervisors

2. (1) An employer shall ensure that a supervisor who performs work for the employer completes a basic occupational health and safety awareness training program that meets the requirements set out in subsection (3) within one week of performing work as a supervisor. O. Reg. 297/13, s. 2 (1).

(2) Subsection (1) does not apply if,

(a)  the supervisor previously completed a basic occupational health and safety awareness training program and provides the employer with proof of completion of the training; and

(b)  the employer verifies that the previous training meets the requirements set out in subsection (3). O. Reg. 297/13, s. 2 (2).

(3) A basic occupational health and safety awareness training program for supervisors must include instruction on the following:

1.  The duties and rights of workers under the Act.

2.  The duties of employers and supervisors under the Act.

3.  The roles of health and safety representatives and joint health and safety committees under the Act.

4.  The roles of the Ministry, the Workplace Safety and Insurance Board and entities designated under section 22.5 of the Act with respect to occupational health and safety.

5.  How to recognize, assess and control workplace hazards, and evaluate those controls.

6.  Sources of information on occupational health and safety. O. Reg. 297/13, s. 2 (3).

Exemptions

3. (1) The requirements set out in section 1 do not apply to an employer with respect to a supervisor if,

(a)  before this Regulation came into force, the supervisor was performing work as a supervisor for the employer; and

(b)  the employer verifies that, before this Regulation came into force, the supervisor completed a basic occupational health and safety awareness training program that meets the requirements set out in subsection 2 (3). O. Reg. 297/13, s. 3 (1).

(2) The requirements set out in section 1 do not apply to an employer with respect to a worker or supervisor if,

(a)  another employer was exempt with respect to the worker or supervisor under subsection (1); and

(b)  the worker or supervisor provides the employer with proof of the exemption. O. Reg. 297/13, s. 3 (2).

Record of training

4. (1) An employer shall maintain a record of the basic occupational health and safety awareness training required by sections 1 and 2 that is completed by workers and supervisors who perform work for the employer. O. Reg. 297/13, s. 4 (1).

(2) An employer shall maintain a record of workers and supervisors who perform work for the employer in respect of whom the employer is exempt under section 3. O. Reg. 297/13, s. 4 (2).

(3) If a worker or supervisor completes a training program under subsection 1 (1) or 2 (1), the employer shall, at the request of the worker or supervisor, provide the worker or supervisor with written proof of completion of the training. O. Reg. 297/13, s. 4 (3).

(4) If an employer is exempt with respect to a supervisor under subsection 3 (1), the employer shall, at the request of the supervisor, provide the supervisor with written proof of the exemption. O. Reg. 297/13, s. 4 (4).

(5) If, within six months of a worker or supervisor no longer performing work for an employer, the worker or supervisor requests a written proof described in subsection (3) or (4), the employer shall provide the worker or supervisor with the requested written proof. O. Reg. 297/13, s. 4 (5).

Certification Training

Certification training

5. (1) An employer shall carry out the training programs necessary to enable a committee member to become a certified member, and the programs must be selected in accordance with the training and other requirements established by the Chief Prevention Officer under section 7.6 of the Act. O. Reg. 297/13, s. 5 (1); O. Reg. 191/19, s. 2.

(2) For greater certainty, in subsection (1),

“carry out” includes paying for the training. O. Reg. 297/13, s. 5 (2).

Working at Heights Training — Construction Projects

Application

6. The requirements of section 7 apply to an employer in respect of workers who are required under Ontario Regulation 213/91 (Construction Projects) to use any of the following methods of fall protection:

1.  A travel restraint system.

2.  A fall restricting system.

3.  A fall arrest system.

4.  A safety net.

5.  A work belt.

6.  A safety belt. O. Reg. 253/14, s. 1.

Required training programs

7. (1) An employer shall ensure that a worker who may use a method of fall protection listed in section 6 has successfully completed,

(a)  a working at heights training program that meets the requirements set out in subsection (2) for which the validity period has not expired as described in section 8; or

(b)  a training program on fall protection prescribed under section 139 of the Occupational Health and Safety Regulations, 2012 made under the Occupational Health and Safety Act (Newfoundland and Labrador) for which the validity period has not expired as described in section 8. O. Reg. 751/20, s. 1.

(2) The following requirements apply to a working at heights training program described in clause (1) (a):

1.  It must be approved by the Chief Prevention Officer under subsection 7.1 (2) of the Act as meeting the working at heights training program standard that applied at the time of the training.

2.  It must be provided by a training provider approved by the Chief Prevention Officer under subsection 7.2 (2) of the Act as meeting the working at heights training provider standard that applied at the time of the training. O. Reg. 751/20, s. 1.

(3) Subsection (1) does not apply if the worker,

(a)  is performing work on a project at a workplace where,

(i)  automobiles are manufactured or assembled,

(ii)  automobile marshalling is conducted,

(iii)  automobile parts manufacturing is conducted,

(iv)  automobile parts warehousing occurs, or

(v)  automobile research and development is conducted; and

(b)  is directly employed by an employer that manufactures or assembles automobiles and that owns and operates the workplace described in clause (a). O. Reg. 751/20, s. 1.

(4) In subsection (3),

“automobile” includes a van or truck with a gross vehicle weight rating of 14,000 pounds (6,350 kilograms) or less; (“automobile”)

“automobile marshalling” means receiving assembled automobiles from the location where they are manufactured or assembled, storing the automobiles before delivery to purchasers or persons who sell to purchasers, organizing them for delivery and arranging for delivery; (“triage d’automobiles”)

“automobile parts manufacturing” means,

(a)  producing automobile parts that are supplied directly to an automobile manufacturing or assembling factory or an automobile parts warehouse, and

(b)  producing elements of automobile parts where those elements are supplied directly to an automobile manufacturing or assembling factory; (“fabrication de pièces automobiles”)

“automobile parts warehousing” means receiving automobile parts or accessories, storing them, organizing them for delivery and delivering them or arranging for delivery; (“entreposage de pièces automobiles”)

“automobile research and development” means research, development, design, engineering or testing related to automobile or automobile parts manufacturing or assembly. (“recherche et développement automobile”) O. Reg. 751/20, s. 1.

Training — period of validity

8. (1) The working at heights training described in clause 7 (1) (a) is valid for three years from the date of successful completion of the training program. O. Reg. 751/20, s. 1.

(2) Despite subsection (1), any working at heights training described in clause 7 (1) (a) that was successfully completed between February 28, 2017 and August 31, 2017 is valid for four years from the date of successful completion of the training program. O. Reg. 751/20, s. 1.

(3) The training program on fall protection described in clause 7 (1) (b) is valid until the date indicated on the proof of successful completion issued to the worker by the Workplace Health, Safety and Compensation Commission under the Occupational Health and Safety Regulations, 2012 made under the Occupational Health and Safety Act (Newfoundland and Labrador). O. Reg. 751/20, s. 1.

Training requirements under O. Reg. 213/91

9. For greater certainty, the requirements of subsection 26.2 (1) of Ontario Regulation 213/91 (Construction Projects) apply in addition to the training requirements of section 7. O. Reg. 253/14, s. 1; O. Reg. 751/20, s. 2.

Record of training

10. (1) An employer shall maintain a record of the training that is required by section 7. O. Reg. 253/14, s. 1; O. Reg. 751/20, s. 3 (1).

(2) The training record for working at heights training described in clause 7 (1) (a) shall include the following information:

1.  The name of the worker.

2.  The name of the approved training provider.

3.  The date on which the approved training was successfully completed. 

4.  The name of the approved training program that was successfully completed. O. Reg. 253/14, s. 1; O. Reg. 751/20, s. 3 (2).

(3) A copy of a worker’s proof of successful completion of a working at heights training program described in clause 7 (1) (a), issued by the Chief Prevention Officer, is a training record for the purposes of subsection (1). O. Reg. 751/20, s. 3 (3).

(3.1) A copy of a worker’s proof of successful completion of a training program on fall protection described in clause 7 (1) (b) that is issued by the Workplace Health, Safety and Compensation Commission under the Occupational Health and Safety Regulations, 2012 made under the Occupational Health and Safety Act (Newfoundland and Labrador) is a training record for the purposes of subsection (1). O. Reg. 751/20, s. 3 (3).

(4) The employer shall make a training record available to an inspector on request. O. Reg. 253/14, s. 1.

11. Revoked: O. Reg. 751/20, s. 4.

 

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