Operations | Occupational Health & Safety | Employment Standards |
MOL & OHSA review
Municipal Building Inspectors
October 2011
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Ministry of Labour
Operations | Occupational Health & Safety | Employment Standards |
The following material is presented in 2 parts:
Part One: provides a very brief overview of the structure of the
Construction Regulation under OHSA.
Part Two: a more specific look at the Construction Regulation
with a focus on the top “killer contraventions” that are more
frequently encountered on a construction site.
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Operations | Occupational Health & Safety | Employment Standards |
Part One
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Operations | Occupational Health & Safety | Employment Standards |
Legislation: Occupational Health and Safety Act (OHSA)
• Industrial Regulations O.Reg 851
•
•
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• Retail Stores
• Office buildings
• Warehouses
• Factories
Construction Regulations O.Reg 213/91
• Residential Home Building
• Commercial and Industrial Construction
• Road Building and Repair
Mining Regulation O.Reg 854
• Surface Mine
• Underground Operations
Operations | Occupational Health & Safety | Employment Standards |
Legislation: Occupational Health and Safety Act (OHSA)
Diving Regulations O.Reg 629/94
Window Cleaning Regulation O.Reg 859
Asbestos Regulation O.Reg 278/05
Roll Over Protective Structures (ROPS) O.Reg 856
WHMIS O.Reg 860
Farming Regulation O.Reg 414/05
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Operations | Occupational Health & Safety | Employment Standards |
Objectives of the OHSA
Establish a system of responsibilities
Define minimum acceptable risk level
Provide for worker participation
Provide for better trained workers
Encourage collaboration
Protect workers from reprisal
Provide framework for enforcement
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Operations | Occupational Health & Safety | Employment Standards |
Definitions
Section 1
Constructor:
Person who undertakes a project for an owner and includes an owner who
undertakes all or part of a project by himself or by more than one employer.
Employer:
Person who employs one or more workers or contracts for the services of one
or more workers
Owner:
Includes a trustee, receiver, mortgagee in possession, tenant, lessee, or
occupier of any lands or premises used or to be used as a workplace
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Operations | Occupational Health & Safety | Employment Standards |
Definitions
Section 1
Project:
A construction project, whether public or private;
Supervisor:
A person who has charge of a workplace or authority over a worker,
Worker:
A person who performs work or supplies services for monetary compensation
Workplace:
Any land premises, location or thing at, upon, in or near which a worker works;
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Operations | Occupational Health & Safety | Employment Standards |
Duties
Sections 23 – 32, 37
Constructor
A constructor shall ensure…that…every employer and every worker performing
work on the project complies with this Act and the regulations;
Worker
A worker shall…use or wear the equipment, protective devices or clothing that the
worker’s employer requires to be used or worn;
Hazardous Materials
An employer, shall ensure that all hazardous materials present in the workplace
are identified…
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Operations | Occupational Health & Safety | Employment Standards |
Responsibility Tree
Constructor
(General or Principal Contractor)
Supervisor
Workers
Employer(s)
(Contractors)
Supplier
Supervisor
Workers
Workers
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Professional
Engineer
Architect
Operations | Occupational Health & Safety | Employment Standards |
Construction Regulations
The Construction Regulations are divided into 5 parts
Part I – General
Part II – General Construction
Part III – Excavations
Part IV – Tunnels, Shafts, Caissons Cofferdams
Part V – Work in Compressed Air
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Operations | Occupational Health & Safety | Employment Standards |
Part I General-Structure
Sections 1 - 19
Section 1:
Section 2:
Section 3:
Section 4:
Section 5 - 7:
Section 8 – 12:
Section 13 – 19:
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Definition of terms used in Regulation
Application
Equivalency
Designating parts of a project as a
separate project
Registration and notification
Reporting of accidents
General Requirements
Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Sections 20 - 221
Highlights:
Section 21-27:
Personal Protective Equipment
Section 35-43:
Housekeeping, material movement, gases
Section 46:
Ventilation
Section 52-58:
Fire Safety
Section 64-69:
Public Way and Traffic Control
Section 70-84:
Access/Egress and ladders
Section 125-149:
Scaffolds and elevating work platforms
Section 150-180:
Cranes, Hoisting and rigging
Section 181-195:
Electrical Hazards
Section 207-221:
Roofing and demolition
Section 221.1-221.19: Confined space
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Operations | Occupational Health & Safety | Employment Standards |
Part Two
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Killer Contraventions
The top 4 “killer contraventions” on construction projects are:
15
•
Falls (Section 26)
•
Electrical Contact/ Electrocution (Sections 188,189,194)
•
Being struck by vehicles and equipment (Sec. 67)
•
Trench collapse and crushing (Sec. 235)
Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls
Fall Protection Mandatory : Section 26
OHSA quite clearly requires that a worker shall be adequately protected
by a guard rail system that meets specific requirements which are set out in
Section 26.3, subsections 2 through 8.
These sections outline acceptable wooden and wire rope guardrail
systems and the specifications they must meet.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Hierarchy of fall protection
Guardrails
Most
Protective
Travel restraint
Fall restricting
Least
Protective
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Fall arrest/safety nets
Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls
Guardrail systems – rather than fall arrest systems – are the preferred way to prevent falls,
wherever possible. Constructors and employers should, where reasonably possible, install
guardrails as per section 26.1 (1) of the Construction Projects Regulation. Workers must be
protected where reasonably possible by a guardrail system that meets regulated
requirements when they are at risk of:
•
•
•
•
•
•
•
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falling more than 3 metres (10 feet)
falling more than 1.2 metres (4 feet), if the work area is used as a path for a wheelbarrow or similar
equipment
falling into operating machinery
falling into water or another liquid
falling into or onto a hazardous substance or object
falling through an opening on a work surface
Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls
Where guardrails or other protection is not in place, you must use a fall-arrest or
travel-restraint system if you are in danger of falling:
•
•
•
•
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more than 3 meters
into operating machinery
into water or another liquid
into or onto a hazardous substance or object.
Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls
Fall Protection Mandatory : Section 26
If it is not reasonably possible to in stall a guardrail system as required a
worker shall be adequately protected by at least one 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
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls - Fall Protection
Fall arrest is the most common system. It stops a fall within a few feet of the worker's
original position. A full body harness is required with a fall-arrest system. A typical system
consists of the following parts connected together:
•
•
•
•
•
full body harness (CSA-certified)
lanyard (with locking snap hooks or D-clips)
rope grab
lifeline
lifeline anchor.
A fall-arrest system must be worn when you are on a rolling scaffold that is being moved or
when you are getting on, working from, or getting off suspended access equipment such as
a swingstage or bosun's chair
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls - Fall Protection
Travel-restraint systems prevent falls by restraining a worker from getting too close to an
unprotected edge.
A travel restraint system must be arranged to keep the worker back from the fall hazard area. The system
usually consists of:
•
•
•
•
•
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safety belt of full body harness (CSA-certified)
lanyard
rope grab
lifeline
lifeline anchor.
Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls (cont.)
Guardrails
Rails
Point load capability
Height
Toe Board
Location
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls (cont.)
Protective Coverings: Section 26.3(2)
2. A protective covering that,
i. completely covers the opening,
ii. Is securely fastened,
iii. Is adequately identified as covering an opening,
iv. Is made from material adequate to support all loads to which
the covering may be subjected, and
v. is capable of supporting a live loads of at least 2.,4
kilonewtons per square meter without exceeding the
allowable unit stress for the material used
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls (cont.)
Fall Arrest System
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls – Examples of Non-compliance
Six foot stepladder stands on unguarded
scaffold platform 20 feet above ground.
Worker(s) worked on stepladder at least 23
feet above ground without using fall
protection.
Scaffold should have standard guardrail on
outside three sides, except for break for
access.
Ladder should be tied off at top to scaffold.
Worker on scaffold platform next folds
ladder and hands it to worker on ladder,
who hands it to worker on ground.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls – Examples of Non-compliance
Roofers at edge of
roof, without fall
protection,
manhandle lifting and
tying off flared top of
trash chute with
which to funnel old
roofing material into
dump truck.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls – Examples of Non-compliance
Poor housekeeping:
Work area should be kept clean of all
slip/trip and fall hazards. Signs
should be posted where building
access is adjacent to construction
site.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls – Examples of Non-compliance
Nail guns are extremely
dangerous when used in an
unsafe manner such as this.
Sequential trip trigger nail
guns reduce the frequency
of nail gun accidents. No fall
protection no PPE. Workers
must be provided with fall
protection, either by
eliminating the hazard, a
passive fall protection
system (guard rails), fall
restraint or a fall arrest
system.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Falls – Examples of Non-compliance
No fall protection or PPE.
Workers must be
provided with fall
protection either by
eliminating the hazard, a
passive fall protection
system (guardrails), fall
restraint or a fall arrest
system. Employers
should ensure all workers
are provided the correct
PPE, eye protection,
gloves, harnesses, etc.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Electrical Hazards
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Electrical Hazards (cont.)
Proximity to Overhead : Section 188
Intent:
Specific limits of approach for work performed around overhead conductors. Specifies
procedures when vehicles or equipment are in position or will work within limits of approach.
To make sure procedures are developed and workers are instructed in the procedures
Constructor Duties:
Establish and implement written procedures,
Make a copy of written procedures available to every employer on the project
Employer Duties:
Provide a copy of written procedures to a worker before work begins and to explain them
Worker Duties:
Shall follow written measures and procedures
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Electrical Hazards (cont.)
Proximity to Overhead : Section 189
Intent:
To allow workers to encroach the minimum distance in order to maintain
energized overhead conductors by establishing procedures including protective
equipment to protect workers
Requirement for written measures and procedures to be established and
implemented
Requirement for workers to follow written measures and procedures
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Electrical Hazards (cont.)
Switch, Panel Board: Section 194
Intent:
Electrical panel board specifications
Vertically mounted in a secure fashion and un-insulated parts carrying current
shall be covered
Located where water will not accumulate and within easy reach of and readily
accessible to workers
Clear of any obstructions in the area in front
No switches to be locked in a closed position
Provided with a device for locking the enclosure
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Electrical Hazards (cont.)
Switch, Panel Board: Section 194
This image shows an
example of a safe work
practice.
Electrical breaker box should
be kept closed. Area around
breaker box should be kept
clean and free from clutter.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Electrical Hazards – Examples of non-compliance
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Electrical Hazards – Examples of non-compliance
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Electrical Hazards – Examples of non-compliance
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Electrical Hazards – Examples of non-compliance
Electric shock hazard, no GFCI, no eye protection.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Electrical Hazards – Examples of non-compliance
Spliced electrical
extension cords.
Extension cords
should be marked
DO NOT USE. Bad
housekeeping, trip
hazard and
unprotected hole in
photograph.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Struck by material/equipment
Struck by objects are a major source of critical injuries and fatal accidents. About 75% of
deaths involve-Struck by heavy equipment such as trucks and cranes.
Common accidents are not only vehicles but also falling and flying objects. This type of
accident is more likely if the worker is on or near cranes or scaffolding or if they are hit by
shrapnel, nails or the use of power tools.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Struck by material/equipment
Workers being potentially struck by or pinned by material/equipment or being injured
because of equipment overturns. These incidents are often due to the insufficient training
of operators or lack of procedures on the job to accommodate the safe use of equipment.
Incidents can also occur due to the inadequate maintenance of equipment
Traffic control and Protection
Signal Person Reg. 213/91 - 188(8)
Traffic Protection Project Planning Reg.213/9167 - 69Protection plan, protective measures, traffic
control person, signs
Reversing Reg. 213/91 - 104(1)(2)Planned and organized to do as little as possible
Dump Truck Alarm Reg. 213/91 - 105When operating in reverse
Signal Person Reg. 213/91 - 104(3) 106Requirement and training of signal person
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Struck by material/equipment - continued
Workers being potentially struck by or pinned by material/equipment or being injured
because of equipment overturns. These incidents are often due to the insufficient training
of operators or lack of procedures on the job to accommodate the safe use of equipment.
Incidents can also occur due to the inadequate maintenance of equipment
Electrical Hazards
Signage Reg. 213/91 - 44(3)(e)In area of overhead wires.
Proximity to Overhead Lines Reg. 213/91 - 188(2)
Written Procedures Reg. 213/91 - 188(4), 190(2)
Precautions Reg. 213/91 - 188(5)Warning devices, written notification, signage at
operator’s station.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Struck by material/equipment (cont.)
Material Handling
Material Storage and movement Reg.
213/91- 37 In a manner that does not
endanger a worker
Material and equipment Reg. 213/91 – 39
Stored in a manner that prevents tipping,
collapsing or rolling
Storage of Material Reg. 213/91 - 40(1)(c)
1.8 metres of an opening, edge or
excavation
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Struck by material/equipment (cont.)
Fall hazard on open side, also
potential hazard to workers or others
on lower level from falling objects.
Workers should have eye protection
and boots to prevent punctures from
sharp objects (nails). Loose wire
subject to physical damage.
Carpenters should be using knee
pads for this operation.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Struck by material/equipment (cont.)
Equipment General
Brakes and Seat Reg. 213/91 - 97(1)(2) Be equipped per regulation
Means of Access Reg. 213/91 – 98 To operator’s station
Overhead Protection Reg. 213/91 – 98 Where exposed to overhead hazard
Drawing and Towing Reg. 213/91 – 100 per regulation
Leave controls unattended Reg. 213/91 – 102 per regulation, ticketable offence
No load over worker Reg. 213/91 – 103 Trenches for sewer and water connections
No work platform Reg. 213/91 – 107 Supported by machine that is capable of moving
Guarding Reg. 213/91 – 109 Gear, pulley, belt, chain, shaft, flywheel, saw and other
mechanically operated part that may endanger a worker
Miscellaneous object hazard Reg. 213/91 – 113 Left in a location or manner that may
endanger a worker
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Struck by material/equipment (cont.)
Brick cutting, bad
housekeeping too much
debris in area. No GFCI
on electrical cord, Tpole not secured
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Struck by material/equipment (cont.)
No fall protection.
Installation of the
plywood flooring
would eliminate
the fall hazard
and the potential
of dropping
building materials
(tools, AC unit,
nails, etc) to a
lower level.
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Operations | Occupational Health & Safety | Employment Standards |
Part ll General Construction
Struck by material/equipment (cont.)
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Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Sections 222 - 242
Highlights:
Section 222:
Section 224:
Section 225:
Section 226-227:
Section 228-229:
Section 230-233:
Section 234-242:
Section 207-221:
Section 221.1-221.19:
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Application
Entry
Working alone
Soil Types
Precautions for services and adjacent
structures
General requirements
Support Systems
Roofing and demolition
Confined space
Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Shoring Hazards
Section 224 states no worker shall enter an excavation that does not meet the requirements.
Section 225 states work shall not be performed in a trench unless another worker is working above
ground in close proximity to the trench or to the means of access to it.
Danger Signs
The following are indications of unsafe worksites:
•
•
•
•
•
•
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Cracks parallel to trench;
Large rocks in walls;
Material shaken loose by vibration;
Bulge in Belly of trench;
Spoil to close to edge;
Water seeping through the walls.
Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Soil Types
Type 1 Soil (s. 226(2))
• Is hard, very dense and only able to be penetrated with difficulty by a small sharp object.
• Has a low natural moisture content and a high degree of internal strength.
• Has no signs of water seepage.
• Can be excavated only by mechanical equipment.
Type 2 Soil
• Is very stiff, dense and can be penetrated with moderate difficulty by a small object.
• Has low to medium natural moisture content and a medium degree of internal strength.
• Has a damp appearance after it is excavated.
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Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Soil Types - continued
Type 3 Soil
• Is stiff to firm and compact to loose in consistency or is previously excavated soil.
• Exhibits signs of surface cracking.
• Exhibits signs of water seepage.
• If it is dry, may run easily into a well-defined conical pile.
• Has a low degree of internal strength.
Type 4 Soil
• Is soft to very soft and very loose in consistency, very sensitive and upon disturbance is
significantly reduced in natural strength.
• Runs easily or flows, unless it is completely supported before excavating procedures.
• Has almost no internal strength.
• Is wet or muddy, and exerts substantial fluid pressure on its supporting system.
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Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Services 228
Intent: To identify and locate potential underground services which could be a hazard to workers prior
to and during excavation work.
Duty/Responsibility: Constructor, Employer, Supervisor, Operator/Worker
Other Related Sections and Information:
Section 31, 224
Employer must request locate at owner’s discretion to provide locates, no jurisdiction to
Employer/Owner to provide.
Under section 3, MOL to accept locates done by contractors based on permission from the Owner (of
the service) and schematics being provided, if any.
Uncovering services using Hydrovac systems
TSSA and ESA – have jurisdiction over Owners on certain utilities with regards to grounding.
Copies of TSSA, ESA and ORCGA guidelines (new practice)
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Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Shoring 234-239
Intent: Requirements for support systems for the walls of excavations subject to certain exemptions.
These exemptions include: depth of excavation, worker in the excavation, sloping and Engineer
certificate.
Duty/Responsibility: Employer, Supervisor, Engineer, Constructor
Other Related Sections and Information:
Sections 19, 31, 241
Sloping options:
Sloping criteria in Types 1, 2,3, and 4 soils.
Support System options:
Timber built in place
Hydraulic
Trench Boxes/Prefabricated Systems
Specialized Engineered systems
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Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Shoring Hazards
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Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Criminal Code
The criminal code reads
Excavation on land
(2) Every one who leaves an excavation on land that he owns or of which he has charge or
supervision is
•
•
under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by
accident
And is adequate to warn them that the excavation exists
Offences
(3) Every one who fails to perform a duty imposed by subsection (1) and (2) is guilty of
•
•
•
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Manslaughter, if the death of any person results there from;
(ban offence under section 269, if bodily harm to any person results there from or
An offence punishable on summary conviction.
Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Examples of Unsafe/Non-compliant Trenches or excavations
This construction site has inadequate
sloping, no shoring or trench shield, no
safe egress, improper use of ladders,
and cluttered walking and working
surfaces. These hazards expose
employees to potential broken bones and
severe lacerations from slips, trips, and
falls and to serious injuries or death from
being crushed or suffocated from a cavein.
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Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Examples of Unsafe/Non-compliant Trenches or excavations
Badly supported scaffold,
excavation beneath
scaffolding not shored
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Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Examples of Unsafe/Non-compliant Trenches or excavations
The workers shown here could suffer severe injuries or death from a potential
cave-in. The trench has no sloping, shoring, shielding, or safe exit; the workers
have no hard hats or personal protective equipment.
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Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Examples of Unsafe/Non-compliant Trenches or excavations
The spoil pile is required to be at
least 1 meter from the edge of the
trench and/or retained to prevent it
from falling into the trench.
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Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Examples of Unsafe/Non-compliant Trenches or excavations
Trenching &
excavation, no
shoring and/or
benching evident.
One worker inside
trench, two workers
sitting on unprotected
sides of excavation.
Mobile equipment
located near edge of
excavation.
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Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Examples of Unsafe/Non-compliant Trenches or excavations
Front end loader close to
edge of excavation.
Trip/slip hazard for
worker stepping over
plastic pipe.
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Operations | Occupational Health & Safety | Employment Standards |
Part lll Excavations
Examples of Unsafe/Non-compliant Trenches or excavations
All workers should be
provided proper PPE.
Workers should not be
close to or underneath
moving bucket.
Outriggers must be
positioned on stable,
level flat surfaces.
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Operations | Occupational Health & Safety | Employment Standards |
Part lV Tunnels, Shafts, Caissons and Cofferdams
Sections 243-331
Highlights:
Section 244:
Section 246:
Section 248-259:
Section 260-263:
Section 264-273:
Section 274-277:
Section 288-305:
Section 306-316:
Section 317-328:
Section 329-331:
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Application
Working alone
Fire Protection
Facilities and First Aid
Rescue and Communications
Lighting and Electrical
Hoistways
Tunnels
Explosives
Ventilation
Operations | Occupational Health & Safety | Employment Standards |
Part V Work in Compressed Air
Sections 332-397
Highlights:
Section 332-339:
Section 342-345:
Section 351:
Section 355-394:
Section 395-397:
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Application and General Req’s
Fire Prevention
Medical Requirements
Air Compressors, Air Locks, Rest
Periods and Lock Tenders
Decompression
Operations | Occupational Health & Safety | Employment Standards |
Trades Qualification and Apprenticeship Act (TQAA)
Ont. Reg. 572/99
Section 3(2)
Every employer who employs a worker in a Schedule
2 Trade shall ensure that the worker:
67
•
holds a subsisting certificate of qualification in that trade,
or
•
is registered as an apprentice in that trade
Operations | Occupational Health & Safety | Employment Standards |
QUESTIONS on Part 2???
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Operations | Occupational Health & Safety | Employment Standards |
QUESTIONS - ANSWERS
What can a municipal inspector do on seeing what he or she
believes to be a significant OHSA violation?
The municipal inspector should first ensure they are not in danger. Any
person who believes he or she has observed a violation of the OHSA can
inform the MOL by calling 1-877-202-0008 to report the violation to the
MOL.
A municipality, as the employer, should have policies and procedures
that govern the role of their inspectors on encountering unsafe work
situations.
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Operations | Occupational Health & Safety | Employment Standards |
QUESTIONS - ANSWERS
Are municipal inspectors required to strictly comply with the
contractor’s health and safety policy on site, including ‘mandatory’
pre inspection training sessions some contractors now employ?
Constructors have an obligation under section 23 of the OHSA to
ensure that every employer and worker on the project complies with the
Act and regs.
The responsibility for a health and safety policy falls under Employer
responsibility in the OHSA. When a constructor asks that the ‘mandatory’
training or orientation training take place before a new worker enters the
site, they are displaying due diligence that is above and beyond the
green book. While the MOL cannot enforce this practice, we certainly
endorse it.
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Operations | Occupational Health & Safety | Employment Standards |
QUESTIONS - ANSWERS
Does the City’s health and safety policy, or a contractor’s health
and safety policy govern the inspector on site?
The responsibility for a health and safety policy is that of the Employer.
The policy should address any hazards that a worker may encounter as
part of their job.
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Operations | Occupational Health & Safety | Employment Standards |
QUESTIONS - ANSWERS
Municipal inspectors have the authority to inspect existing buildings
under the Building Code Act to determine whether they are unsafe (not just
buildings that are simply under construction). How can this be reconciled
with the municipality’s OHSA obligations in these cases?
It is the Employers responsibility to ensure that every reasonable precaution is
taken to ensure the health & safety of workers. In the situation posed in your
question, a worker (i.e. the municipal inspector) can enter a building without
warrant to inspect and determine if it is unsafe. The possibility of entering a
building that is, in fact, unsafe, is therefore inherent in their work. That being the
case, the employer’s duties under the OHSA to take every precaution reasonable
in the circumstances would include protecting them from the hazards posed by
unsafe buildings and the MOL would expect that a health and safety policy
developed by the employer would address any hazards that may be expected as
part of this task. The MOL would also expect the worker has received training on
potential hazards as well as any PPE required in order to perform this task.
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Operations | Occupational Health & Safety | Employment Standards |
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