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 activities at construction projects where workers may be struck by material, vehicles or equipment

Education and outreach phase

We began by focusing on education, outreach, and awareness, to provide information to employers, in partnership with 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 of workplaces 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 struck-by hazards, 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 6,276 field visits with 606 support role activities
  • visited 4,878 workplaces
  • issued 15,178 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

Between 2017 and 2022, there were over 400 critical injuries and 37 fatal injuries from struck-bys. Vehicle and equipment accounted for 192 critical injuries and 22 fatalities. Being struck-by materials caused 211 critical injuries and 15 fatalities. The MLITSD’s Construction Health and Safety Program (CHSP) is working with field staff, IHSA and stakeholders to clearly identify the likely root causes of these incidents in an effort to develop a multi-pronged approach to address this issue.

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

This campaign focused on activities at construction projects where workers may be struck by material, vehicles or equipment.

Inspectors checked for compliance in these areas:

  • construction projects were planned and organized to eliminate or reduce the reverse operation of vehicles and construction equipment
  • workplace parties had planned the operation of equipment and pedestrian traffic
  • personal protective equipment, including high visibility safety apparel was worn by workers as required
  • workplace parties operated and maintained equipment per manufacturer’s instructions
  • employers ensured equipment operators are competent or qualified
  • employers provided competent traffic control persons and signallers
  • employers ensured hoisting operations are conducted using safe rigging practices
  • employers ensured that rigging equipment was inspected, maintained and adequate for the material handling activity.

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

  • 6,276 field visits with 606 support role activities
  • 4,878 workplaces visited
  • 15,178 orders and requirements issued under the OHSA and its regulations including:
    • 1,762 orders issued for contraventions under the OHSA
    • 12,768 orders (84.12%) issued under O. Reg. 213/91 for Construction Projects
    • 67 orders (0.44%) issued under Reg. 856 Roll-over protective structures
    • 496 requirements issued for the employer to provide an inspector with workplace information
    • 85 orders were issued from other regulations such as WHMIS and Confined Spaces
  • an average of 3.11 orders and requirements issued per workplace visited
  • an average of 2.42 orders and requirements issued per field visit

Most frequently issued orders

A total of 2,258 orders and requirements were issued under the OHSA, including 1,370 stop work orders. The most frequently issued orders involved fall related hazards, failure to provide safe work platform and access to a work area, excavation hazards and failure to maintain or operate equipment in accordance with the regulatory requirements.

A total of 12,768 orders were issued under O. Reg. 213/91 for Construction Projects. Orders were issued under the following sections (among others):

  • for the employer to protect workers from fall hazards [s.26-26.9 clause 135 (1)(c) and 233(4)] — 2,323 orders or 17.07% of total orders issued under the regulation
  • for the employer to provide safe access to and egress from a work area [s.70-84] — 2,028 orders or 13.36% of total orders issued under the regulation
  • for the employer to ensure personal protective equipment is worn as required [s.21-25] — 1,972 orders or 12.99% of total orders issued under the regulation
  • for the employer to ensure equipment is operated and maintained and material is moved and stored properly [s.37, 39, 93-96, 101-109, 150, 152 and 157] — 768 orders or 5.06% of total orders issued under the regulation
  • for the employer to ensure workers were protected from vehicular traffic hazards on roadway and on the project [s.67-69.1 and 104-106] — 697 orders or 4.59% of total orders issued under the regulation

A total of 67 orders were issued under Reg. 856. Orders were issued to ensure equipment complied with Reg. 856 Roll-over Protective Structures requirements.

Observations

The results of this campaign indicate that workplace parties need to improve compliance with respect to a variety of hazards at construction projects.

We observed that:

  • fall hazards continue to be issues that can result in serious outcomes
  • the proper operation of equipment and safe material handling and storage procedures continues to be a problem at some workplaces

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 being struck-by material, vehicles or equipment can be prevented by raising awareness and taking proper precautions.

Ministry inspectors will continue to pay attention to struck-by hazards 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 the operation of vehicles and equipment and to promote occupational health and safety when moving material and conducting hoisting operations.

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 safe material handling and operation of vehicles or equipment.