Safe At Work Ontario Schedule 2 Employers' Group Conference October 1, 2009

1. Safe At Work OntarioSchedule 2 Employers' Group ConferenceOctober 1, 2009 Wayne De L’Orme Provincial Coordinator Industrial Health and Safety Program Operations Division Ministry of Labour

2. Ontario’s 2007 Workplace H&S Statistics • 100 deaths from traumatic injuries and other immediate causes • 8 young workers (under 25) • 8 women • 279 deaths from occupational diseases (allowed claims) • 252,985 injuries and diseases (allowed claims) • 80,863 lost time injuries • 172,122 non-lost time injuries • Lost time injury (LTI) rate: 1.8 per 100 workers source: WSIB and MOL

3. A New Strategy • Safe At Work Ontario builds on the ministry’s 2004-2008 strategy, and represents an evolution from an enforcement-based program towards a compliance-focused program with three main elements: • Enforcement • Compliance, and • Partnerships • Safe At Work Ontario focuses on sector hazards and on the development of a Health and Safety Culture

4. A New Strategy • Although SAWO is a new approach, it is anchored on the Internal Responsibility System, which has been the base of Ontario’s legal H&S system for the last three decades. • The Internal Responsibility System (IRS) means everyone in the workplace has a role to play and a duty to actively ensure workers are healthy and safe. Every worker who sees a health and safety problem such as a hazard in the workplace has a duty to report the situation to management. Once a hazard has been identified, the employer and supervisor have a duty to look at the problem and eliminate any hazard that could injure workers or make them ill.

5. Safe At Work Ontario • Officially launched by the Minister of Labour on June 11, 2008 • Goal is to reduce fatalities, critical and lost time injuries, and occupational illnesses. • Contributes to system targets (WSIB Road to Zero), • reduced burden on the health care system, • cost avoidance for employers and the WSIB, and a • level playing field for safe companies. • Enforcement continues to be mainstay of MOL work • Focus on Sector Hazards, compliance, and health and safety culture • System wide partnerships

6. Safe At Work Ontario • Under this new direction, the ministry identifies and engages workplaces based on a variety of factors such as: • their health and safety record, • history of non-compliance, • the presence of health and safety hazards inherent to the activities of the business. • We may be into workplaces that have not had an injury. • Our new vision focuses on improving the health and safety culture of our workplaces

7. Safe At Work Ontario - Program Design Sector Strategy Components Health and Safety Record (LTIs, NLTIs) Sector Specific (Hazard Focus) Partnerships • High hazards in sector • - blitzes, zero tolerance • MOL enforcement history • Complaints received by MOL • High potential for injuries • Integrated delivery • Prevention Focus • Educational focus by SWAs • SWA referral of firms to MOL • WSIB WorkWell audits • Working with workplace parties • - Use of WSIB data to identify worst firms in sector based on LTIs, NLTIs, cost • Firms identified for proactive inspection from MOL Firm Identification Inspection Focus Internal Responsibility System (IRS) Increased Compliance • Decrease in LTIs • Solid functioning IRS • Decrease in critical injuries/fatalities • Health and Safety Leadership in the workplace Safer Workplaces Results

8. Safe At Work Ontario – Sector Strategies • Health and Safety Record: • WSIB firms ranked according to the number and frequency of LTIs and NLTIs, claim costs. Complemented by regional intelligence • Sector Specific Strategies • Hazards: • Development of strategies to reduce injuries related to specific hazards • Proactive inspections in firms, regardless of injuries, based on the hazardous nature of the operation • Use of field intelligence and compliance history • Provides flexibility to address specific issues • Sector plans • http://www.labour.gov.on.ca/english/hs/sawo/sectorplans/index.html

9. Safe At Work Ontario – Inspection Focus • Inspector’s focus is on assessing strength and functionality of the IRS. If the IRS is working it is an indication of a strong health and safety culture. • Competence • Knowledge of OHSA • Training • Dealing with issues • JHSC – with certified members, frequent meetings, minutes • Commitment • Leadership to make workplace safe • Policies and Procedures in place and implemented • Zero Tolerance • Capacity • Resources to address issues in workplace • Have a Health and Safety program • Referrals to HSAs and WSIB • Results of first inspection determine the degree of subsequent intervention by MOL.

10. Stakeholder Consultations Stakeholder Consultations – A series of consultations were held in January of 2009 with both business and labour groups to hear their experiences, suggestions and concerns about the SAWO strategy. Top 5 Issues identified were: 1. Better communication of the blitzes 2. Need to focus on MSDs 3. Continue to clarify the roles of the system partners 4. Consult on the definition of “IRS” and “Safety Culture” 5. MOL should recognize firms that are doing a good job. The MOL will consider the issues raised in developing its ongoing strategy.

11. Industrial Program Focus for 2009 / 10 • Continue with sector based enforcement strategies with a focus on hazards and blitzes to address hazards • Continue identification of firm based on: • WSIB injury record • Compliance history with MOL • Orders, tickets, prosecutions • Critical injury or fatality • Nature of work – hazard based • Integrated delivery – each firm touched by part of system • Small business strategy • Each sector will contain a small business focus that recognizes that need to ensure worker training and employer health and safety policies. • Cross sector hazard focus • MSD (all programs- Industrial, Construction, Mining and Health Care) • Firms with high MSD frequency rates will be visited by MOL ergonomists • Firms within rate groups that have a history of high MSD frequency rates will be visited and • Ergonomics will be integrated into some provincial blitzes

12. Industrial Program Strategies • Enforcement Focus • Internal Responsibility System (IRS) • Working JHSC • Compliance with MOL orders • Falls • New/Young/Vulnerable Workers • Electrical Hazards • Violence Prevention • Fork lifts

13. Industrial Program Blitzes for 2009/10 • MSD; April 2009 • First cross program blitz • Over 1500 FVs done in the Grocery sector • New and Young Workers: June 2009 • Over 2000 FVs in sectors where young workers are working • Training is generally adequate! • Hazardous Materials; September 2009 • Any sector where Hazardous materials are used • Falls; November 2009 • Will include Educational Facilities • Lifting Devices; February 2010 The focus of the blitzes will be announced in the weeks before the blitz commences.

14. Construction Program Blitzes for 2009/10 The Construction Program will also conduct 3 blitzes that will be conducted in workplaces with construction activity across the Province. Construction Blitzes are: MSD – April 2009 Formwork Electrical Hazards Safe ladder Use

15. Working as a System • Integrated Planning – Uses the knowledge of the WSIB, the HSAs such as ESAO, and the MOL to better understand the issues within a sector. • Looking for other ways to spread the message – The MOL is always willing to speak with industry groups to work on industry concerns arising from our legislation. • In past year worked with petrochemical, electrical utilities and the elevator industry to address issues.

16. Industrial Program Focus for 2010 / 11 • Continue with sector based enforcement strategies with a focus on hazards and blitzes to address hazards • Integrated delivery – each firm touched by part of system • Where can the MOL be the most effective? • Focused Inspection Initiatives • MSD and New and Young Worker initiatives are set, but timing is uncertain • What other initiatives should be done? • More Regional? • Cross sector hazard focus • MSD (all programs- Industrial, Construction, Mining and Health Care) • Firms with high MSD frequency rates will be visited by MOL ergonomists • Firms within rate groups that have a history of high MSD frequency rates will be visited and • Ergonomics will be integrated into provincial blitzes

17. Workplace Violence - Occupational Health and Safety Act • The police investigate acts of violence and threats of violence that occur at the workplace • The MOL enforces the OHSA to prevent workplace violence • OHSA does not address violence outside of the workplace, after a work shift ends • this is a police matter • Workplace does include workplaces that do not fall under a workplace regulation such as the Regulation for Industrial Establishments e.g. truck drivers, salespersons, etc.

18. Workplace Violence - Employer Duties - OHSA • Employers are required to take all precautions reasonable in the circumstances for the protection of workers. • This includes taking reasonable precautions to protect workers from the risk of workplace violence or where a violent incident has occurred (e.g. when domestic violence enters the workplace)

19. Workplace Violence - Employer Duties - OHSA Key Considerations: • Are there activities or conditions in your workplace that put workers at risk of violence? • Have workers expressed concerns about workplace violence? • Have you had any violence-related incidents or lost-time claims in the past two years? • Are work conditions changing that might increase the risk of workplace violence?

20. Workplace Violence - Employer Duties - OHSA Where risk factors exist, it may be a reasonable precaution to: • 25(2)(h) – assess the risk of workplace violence where the employer has knowledge or should reasonably be expected to have knowledge that a worker may be exposed to the risk of workplace violence • 25(2)(j) – develop and implement a workplace policy and program with an element that addresses workplace violence when workers are at risk • 25(2)(h) – address a hazard arising from a deficiency in the workplace related to workplace violence • 25(2)(a) provide information, instruction and supervision to a worker

21. MOL Enforcement • MOL inspectors look at workplace health and safety issues related to workplace violence, including whether or not an employer has: • assessed the risk of workplace violence • In workplaces where the risk of workplace violence is confirmed to be higher due to the nature of the work or other factors, inspectors proactively check for employer policies and programs to address workplace violence e.g. • appropriate prevention strategies • worker training • reporting and investigation of incidents

22. Overview of Bill 168 • Bill 168, The Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, was introduced April 20, 2009. • If passed, Bill 168 would amend the OHSA to enhance protections against workplace violence and address workplace harassment. • The proposed amendments would apply to all Ontario workplaces to which the OHSA currently applies. • The proposed amendments would be broad enough to capture workplace violence and harassment from any person in the workplace (strangers, customers, clients, patients, co-workers domestic/intimate partners).

23. Key Elements of Bill 168, if Passed • Include definitions of workplace violence and workplace harassment. • Require employers to prepare policies with respect to workplace violence and workplace harassment, and to develop and maintain programs to implement them. • Require employers to assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work, and include measures and procedures to control them in the workplace violence program. • Require employers who are aware, or who ought reasonably to be aware, that domestic violence may occur in the workplace to take every precaution reasonable in the circumstances to protect a worker who is at risk of physical injury. • Specify that existing duties on employers/supervisors to provide information/advise workers include providing personal information about a risk of workplaceviolence from a person with a history of violent behaviour.

24. Key Elements of Bill 168, if Passed cont’d. • Extend the right to refuse work to a worker who has reason to believe that workplace violence is likely to endanger him/herself. The limited right to refuse of certain workers would continue. Reprisals by the employer would continue to be prohibited. • Require that joint health and safety committee, etc. be notified if a worker is disabled or needs medical attention due to workplace violence. • Proposed amendments would come into force six months after Royal Assent.

25. Implementation, if Bill 168 Passed • Development and revision of procedures for Ministry of Labour inspectors, including protocols for interacting with other enforcement agencies or organizations. • Comprehensive training of Ministry of Labour inspectors. • Development of explanatory materials for the public and the workplace parties. • Development of resources and tools to support workplaces in implementing proposed requirements, in co-operation with the safe workplace associations and other partners.

26. Workplace Violence Prevention • The MOL website provide workers and employers with important workplace violence prevention resources and information: • http://www.labour.gov.on.ca/english/news/2009/09-37.html • http://www.labour.gov.on.ca/english/hs/workplace_violence.html

27. Questions ?