Overview

From April 1, 2023 to March 31, 2024, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) conducted a health and safety campaign that focused on falls from heights in single family residential (RESS) construction.

Education and outreach phase

We began by focusing on education, outreach, and awareness, to provide information to employers, in partnership with the Infrastructure Health and Safety Association (IHSA).

The goal was to help employers comply with the requirements under the Occupational Health and Safety Act (OHSA) and its regulations prior to focused inspections.

MLITSD inspectors also referred workplace parties to our health and safety partners for compliance assistance and training as appropriate during the enforcement phase.

Enforcement phase

Beginning April 1, 2023, we conducted focused inspections at construction projects to check that employers were complying with the OHSA and its regulations. In particular, MLITSD inspectors checked that employers were taking appropriate action with respect to fall protection when working at heights at residential construction projects, specifically for the protection of workers.

MLITSD inspectors checked for compliance with the OHSA and applicable regulations, specifically:

Inspection results

As a result, MLITSD inspectors:

  • conducted 3,996 field visits with 324 support role activities
  • visited 2,906 workplaces
  • issued 15,556 orders and requirements

“Support role activities” means that a professional services staff (such as a hygienist, ergonomist or engineer) or another inspector accompanies an inspector on a field visit to provide professional support and/or expertise.

Background

From 2015 to present, there have been 224 critical injuries and 19 fatalities resulting from falls from heights in the Single-Family Residential subsector of construction. Single family housing has been responsible for the most critical injuries and fatalities from falls by a wide margin over all the other subsectors. The MLITSD’s Construction Health and Safety Program (CHSP) is working with field staff, IHSA and stakeholders to identify the trade/occupation and likely root cause of these incidents in an effort to develop a multi-pronged approach to address this issue.

Mandatory fall protection training for people working at heights was a priority recommendation of the Expert Advisory Panel on Occupational Health and Safety. In 2015, the ministry implemented a workplace training standard to prevent falls and improve safety for workers who work at heights. Certain workers must complete a working-at-heights training program approved by the Chief Prevention Officer. The training requirement is for workers on construction projects who use any of the following methods of fall protection:

  • travel restraint systems
  • fall restricting systems
  • fall arrest systems
  • safety nets

Workers must also receive additional site-specific training related to the project hazards and the fall protection systems being used on site. This campaign addressed both the working at heights training and the site-specific training requirements.

Full report

Workplace inspection campaigns

Inspection campaigns are part of our compliance strategy. We announce to the sector, in advance, that we will be conducting an campaign. However, individual workplaces are not notified in advance. The results of the campaign are typically posted online within 90 days. MLITSD inspectors’ findings may impact the number and level of future inspections of individual workplaces.

MLITSD inspectors may also refer employers to health and safety associations for compliance assistance and training.

Focus of the campaign

Inspectors checked for compliance with:

  • training related to:
    • working at heights training to meet requirements in O. Reg. 297/13: Occupational Health and Safety Awareness Training, section 6
    • general and site-specific working at heights training to meet requirements in O. Reg. 213/91: Construction Projects, section 26.2
    • worker and supervisor basic occupational health and safety awareness training to meet requirements in O. Reg. 297/13: Occupational Health and Safety Awareness Training, sections 1 and 2
  • fall protection pre-planning
  • the use and condition of fall protection equipment and devices
  • guardrail systems
  • emergency response and fall rescue plans
  • the internal responsibility system (IRS)

MLITSD inspectors took appropriate action to address contraventions, including issuing orders to comply with requirements of the OHSA and its regulations.

Inspection activity summary

Visits to workplaces

  • 3,996 field visits with 324 support role activities
  • 2,910 workplaces visited
  • 15,556 orders and requirements issued under O. Reg. 213/91 including 1,685 stop work orders
  • an average of 5 orders issued per workplace visited
  • an average of 4 orders issued per field visit

Most frequently issued orders

The most frequently issued OHSA stop work orders to the employer include:

  • stop work order - that the work at the workplace as indicated in the order shall stop until the order to stop work is withdrawn or cancelled by an inspector after an inspection; [s. 57(6)(b)] — 1,271 orders or 8% of the total orders and requirements issued during the campaign
  • stop work order — that any place, equipment, machine, device, article or thing or any process or material shall not be used until the order is complied with [57(6)(a)] — 414 orders or 3% of the total orders and requirements issued during the campaign

A total of 15,556 orders were issued under O. Reg. 213/91. Orders were issued under the following sections (among others):

  • for the employer to ensure a worker shall wear such protective clothing and use such personal protective equipment or devices as are necessary to protect the worker against the hazards to which the worker may be exposed. [s. 22(1)] — 1653 orders or 11% of total orders issued under the regulation
  • for the employer to install a guardrail system to be used if a worker has access to the perimeter or an open side of any of the following work surfaces and may be exposed to a fall of 2.4 metres or more: [26.3 (1)] — 902 orders or 6% of total orders issued under the regulation
  • for the employer to ensure a worker will be adequately protected by a guardrail system that meets the requirements of subsections 26.3 (2) to (8). [26.1(1)] — 677 orders or 4% of total orders issued under the regulation
  • for the employer to ensure a worker is adequately protected by the highest ranked method of fall protection that is practicable when a guardrail cannot be installed [26.1(2)] — 600 orders or 4% of total orders issued under the regulation

Observations

The results of this campaign indicate that workplace parties need to improve compliance with respect to preventing injuries and fatalities resulting from falling from heights. We observed the following:

  • Guardrails are not being installed when practicable which continues to be an issue that can result in serious outcomes.
  • Employers are not ensuring workers wear and use fall protective equipment or devices, as necessary, to protect the worker against the hazards to which the worker may be exposed. This continues to be a requirement that is not met at some construction projects.
  • Workers are not wearing and using fall protection equipment, as necessary and as required at some construction projects.

Conclusion and next steps

Heightened awareness of any hazard can bring change. All workplaces parties must continue to be diligent and not allow complacency to creep into their daily routines. The risk of falling when working at heights can be prevented by raising awareness and taking proper precautions.

MLITSD’s Construction Health and Safety Program (CHSP), along with the Prevention Division and IHSA, will continue to collaborate to address the hazards associated with fall-from-height hazards in residential construction and re-roofing.

Ministry inspectors will continue to pay attention to the risks an hazards when working at heights to ensure that all workplace parties are aware of and adhere to their duties and rights.

The results of the campaign confirm our need to continue to focus on worker safety when they are potentially exposed to falls from heights and to promote occupational health and safety when working from heights.

A key to workplace health and safety in Ontario is the Internal Responsibility System (IRS). Workplace parties are encouraged to work together to identify and control all hazards.

Help for employers

Please contact our health and safety partners, for more information, resources and tools.

Contact us through our Health and Safety Contact Centre. We can provide information about compliance with the OHSA, including where to find information that is relevant to your workplace to assist with compliance regarding the use of respirators.