Ministry of Labour

Canadian Solar Industries Association

Clarification on Ontario Solar PV Installer

Requirements & Qualifications ,

Friday March 16, 2012

The Webinar will begin at 2:05pm.

Please Dial: 1-800-689-9374 & Enter Attendee PIN: 164458.


L'Association des Industries Solaires du Canada www.cansia.ca

Agenda, Friday March 16

2:05 PM – Technical Information for Participants

2:10 PM – Introduction / Background

2:15 PM – Speaker Presentations

•

Michael Chappell, Ministry of Labour

•

Linda Jones, Ministry of Training, Colleges and Universities

• Ted Olelchna, Electrical Safety Authority

•

Larissa Hretchka, Ministry of Consumer Services

3:00 PM – Questions and Answer Period

Closing – Thank you and Survey



Technical Information for Participants

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Thank you! Please use the Chat Feature for technical assistance and don’t forget to complete our survey after the webinar!



Your CanSIA Webinar Hosts

•

Wes Johnston

•

Webinar Host

• wjohnston@cansia.ca

, Ext 224.

•

Patrick Bateman

•

Webinar Technical Host

• pbateman@cansia.ca

, Ext 227.

•

Tiffany Shields

•

Webinar Technical Assistance

• tshields@cansia.ca

, Ext 228.



9

CanSIA Representatives

•

Bob Waddell

•

General Manager, Centrosolar Canada Inc.

•

Sponsoring Director, CanSIA Ontario PV Caucus

•

Sarah Simmons

•

Senior Associate, Sussex Strategy Group

•

Chair, CanSIA Ontario PV Caucus



10

Presenters

•

Michael Chappell

•

Provincial Coordinator, Construction Health and

Safety Program, Ontario Ministry of Labour (MOL)

•

Linda Jones

•

Manager, Standards and Assessment, Ontario

Ministry of Training, Colleges and Universities

(MTCU)



11

Presenters

•

Larissa Hretchka

•

Manager, Public Safety Office, Ontario Ministry of

Consumer Services (MCS)

•

Ted Olechna

• Director, Codes and Standards and Chief Engineer,

Electrical Safety Authority (ESA)



12

Ministry of Labour

•

Presentation

•

Michael Chappell

•

Provincial Coordinator, Construction Health and

Safety Program, Ontario Ministry of Labour (MOL)

•



13

Solar Photovoltaic Systems (PVS): Compliance &

Enforcement of the Occupational Health and Safety Act and Regulations

CanSIA Webinar: March 16, 2012

Michael Chappell, Provincial Co-ordinator

Ontario Ministry of Labour

Construction Health and Safety Program


Webinar Presentation Overview

1.

Legal Framework: Occupational Health and Safety Act

(OHSA) and its regulations;

2.

Key, applicable OHSA regulations

3.

OHSA roles and responsibilities of the workplace parties

4.

Compliance with health and safety law: due diligence

5.

Enforcement: interventions by ministry inspectors

6.

Ontario Regulation 572/99: Training Requirements for Certain

Skills Sets and Trades

7.

Interim CHSP Enforcement Position/Next Steps

8.

Summary & Qs and As


15

Ministry of Labour Confidential – Not for External Use

1. Legal Framework: Occupational Health and

Safety Act (OHSA) and its regulations

• We all share the goal of making Ontario's workplaces safe and healthy.

• The Occupational Health and Safety Act provides us with the framework and the tools to achieve this goal.

• It sets out the rights and duties of all parties in the workplace.

• It establishes procedures for dealing with workplace hazards, and it provides for enforcement of the law where compliance has not been achieved voluntarily.


16


1. Legal Framework: Occupational Health and

Safety Act (OHSA) and its regulations (cont’d…)

• Through cooperation and commitment, we can make

Ontario a safer and healthier place in which to work. It's worth working for.

• A current version of the OHSA is available at: http://www.elaws.gov.on.ca/html/statutes/english/elaws_statutes_90o

01_e.htm

• Despite anything in any general or special Act of the

Province of Ontario, the provisions of the OHSA and its regulations prevail. R.S.O. 1990, c. O.1, s. 2.


17


2. Key applicable OHSA regulations

1.

Ontario Regulation 213/91 (Construction Projects)

2.

R.R.O. 1990, Regulation 851 (Industrial Establishments)

3.

R.R.O. 1990, Regulation 854 (Mines and Mining Plants)

4.

Ontario Regulation 67/93 (Health Care and Residential

Facilities)

5.

Ontario Regulation 572/99 (Training Requirements for

Certain Skill Sets and Trades)

6.

Other regulations as may be applicable (e.g. critical injury, training programs, etc.)


18


19



3. Duties of owners (OHSA s. 29 excerpt)

29.

(1) The owner of a workplace that is not a project shall,

(a) ensure that,

(i) such facilities as are prescribed are provided,

(ii) any facilities prescribed to be provided are maintained as prescribed,

(iii) the workplace complies with the regulations, and

(iv) no workplace is constructed, developed, reconstructed, altered or added to except in compliance with this Act and the regulations; …


20


3. Duty of project owners

30.

(1) Before beginning a project, the owner shall determine whether any designated substances are present at the project site and shall prepare a list of all designated substances that are present at the site.

(2) If any work on a project is tendered, the person issuing the tenders shall include, as part of the tendering information, a copy of the list referred to in subsection (1).

(3) An owner shall ensure that a prospective constructor of a project on the owner’s property has received a copy of the list referred to in subsection (1) before entering into a binding contract with the constructor.


21


3. Duties of constructors

A constructor shall ensure, on a project undertaken by the constructor that,

1.

The measures and procedures prescribed by this Act and the regulations are carried out on the project;

2.

Every employer and every worker performing work on the project complies with this Act and the regulations; and

3.

The health and safety of workers on the project is protected.

4.

Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed.

R.S.O. 1990, c. O.1, s. 23.


22


3. Duties of employers

25.

(1) An employer shall ensure that,

(a) the equipment, materials and protective devices as prescribed are provided;

(b) the equipment, materials and protective devices provided by the employer are maintained in good condition;

(c) the measures and procedures prescribed are carried out in the workplace;

(d) the equipment, materials and protective devices provided by the employer are used as prescribed; and


23


3. Duties of employers (cont’d…)

(e) a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable of supporting any loads that may be applied to it,

(i) as determined by the applicable design requirements established under the version of the Building Code that was in force at the time of its construction,

(ii) in accordance with such other requirements as may be prescribed, or

(iii) in accordance with good engineering practice, if subclauses (i) and (ii) do not apply. R.S.O. 1990, c. O.1, s.

25 (1); 2011, c. 11, s. 9.


24


3. Additional duties of employers

• See the provisions and requirements at:

R.S.O. 1990, c. O.1, s. 25, s. 26; 2011, c. 11, s. 9.

25



3. Duties of supervisors

27.

(1) A supervisor shall ensure that a worker,

• (a) works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and

• (b) uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn.

(2) Without limiting the duty imposed by subsection (1), a supervisor shall,

• (a) advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware;

• (b) where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and

• (c) take every precaution reasonable in the circumstances for the protection of a worker. R.S.O. 1990, c. O.1, s. 27.


26


3. Duties of workers

28.

(1) A worker shall,

(a) work in compliance with the provisions of this Act and the regulations;

(b) use or wear the equipment, protective devices or clothing that the worker’s employer requires to be used or worn;

(c) report to his or her employer or supervisor the absence of or defect in any equipment or protective device of which the worker is aware and which may endanger himself, herself or another worker; and

(d) report to his or her employer or supervisor any contravention of this Act or the regulations or the existence of any hazard of which he or she knows.

(2) No worker shall,

(a) remove or make ineffective any protective device required by the regulations or by his or her employer, without providing an adequate temporary protective device and when the need for removing or making ineffective the protective device has ceased, the protective device shall be replaced immediately;

(b) use or operate any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any other worker; or

(c) engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct.


27


3. During construction, decommisioning, maintenance and repair of all types of Photovoltaic systems

Constructors/employers:

• Ensure workers are protected from electrical hazards

• Ensure workers have adequate fall protection training,

• Ensure adequate fall protection systems are in place and used,

• Ensure there are no tripping or slipping hazards,

• Ensure roof and floor openings are covered,

• Ensure workers use ladders, work platforms, and scaffolds safely, and

• Ensure young workers are trained and supervised.

• Comply with OHSA and its regulations at all times


28


4. Compliance with health and safety law

Duties of Employers and Other Persons

• The Act imposes duties on those who have any degree of control over the workplace, the materials and equipment in the workplace and the direction of the work force.

• There is a general duty on employers to take all reasonable precautions to protect the health and safety of workers. In addition, the Act and regulations set out many specific responsibilities of the employer. For example, there are duties that specifically relate to toxic substances, hazardous machinery, workplace violence, workplace harassment, worker education and personal protective equipment.


29


4. Compliance with health and safety law

Duties of Employers and Other Persons (cont’d…)

• There is a duty on all officers and directors of corporations to ensure that their corporations comply with the Act and regulations.

• The duties of workers are generally to work safely, in accordance with the Act and regulations.


30


5. Ministry of Labour (MOL) intervention: what leads to a MOL inspection?

• Workplace inspections are carried out to ensure compliance with the Occupational Health and Safety Act and regulations and to ensure that the internal responsibility system is working.

• Inspections also Ontario, firms may be identified for proactive inspection for various reasons, including:

• poor injury rate performance history, as assessed by WSIB data according to specific assessment variables provide the workplace parties with access to the special knowledge and expertise in occupational health and safety available from the

Ministry of Labour, through inspectors.


31

5. Ministry of Labour (MOL) intervention: what leads to a MOL inspection?

• Under the MOL’s Safe At Work compliance and enforcement strategy

• poor compliance history, where previous violations existed or enforcement action was required

• sector-specific hazards inherent to the activities of a business/firm/project;

• the occurrence of specific past events, including critical and fatal injuries, injuries to young workers, or injuries associated with violence,

• other characteristics of the firm, including new or small businesses, firms with new, young, or otherwise vulnerable workers, and

• The inspector observes a hazard in the course of his or her daily activities


32

5. Enforcement Basics for an Inspector

• On initial contact with a client, an inspector will:

1.

Introduce himself or herself and the ministry they represent;

2.

Identify the Legal authority for the inspection;

3.

Provide general information regarding the inspection or enforcement process; and

4.

Provide contact information should further information or feedback be required.

• The MOL has developed a Policy and Procedures Manual that directs the actions of the inspectors in their enforcement efforts

• The MOL has a “Construction Provincial Program Advisory committees”

(CPPAC) to ensure the provincial approach to inspections and enforcement is consistent across the province.


33

5. Orders to comply

• Definition of an order:

• An "order" is a legal direction issued under the OHSA issued by an inspector.

• Orders are issued for contraventions of the legislation and regulations, with respect to an activity, which must take place or cease.

• MOL authority to issue orders comes from subsection 57 (1) of the OHSA:

• Orders are issued for contraventions of the OHSA found by the Inspector at a workplace.

 By policy there are no “general application of orders” issued covering the entire province or to other workplaces/employers in the same sector.

• Orders will be required by the inspector to be carried out forthwith or within such a period of time as the Inspector specifies.


34

5. Elements of an MOL Order

• MOL orders contain the following elements:

1.

the contravener’s name

2.

the section of the legislation contravened

3.

the compliance date, if known

4.

the nature of the contravention (e.g. worker without a subsisting certificate of qualification (CofQ) for that trade)

5.

the action required (e.g. cease working until such time that the workers has a subsisting CofQ), an

6.

the location of the contravention (e.g. municipal address; s/w corner of roof-top).


35

5. Elements of an MOL Order (cont’d…)

• To convey additional information to the contravener, the

Inspector uses the narrative portion of the field visit report:.

• For example, clause 25 (2)(h) OHSA orders where IHSA guidance materials or an industry best practice or a training program are cited in the narrative as an example of the reasonable precaution that ought to have been taken in the circumstances.


36

5. Requirements

• MOL authority to issue a “requirement” comes from subsection 54 (1) of the Act.

• An inspector may require:

• the production of any drawings, specifications, licence, document, record or report, and inspect, examine and copy the same;

• an employer to cause any test of any equipment, machine, device, article, thing, material or biological, chemical or physical agent in or about a workplace;

• that a workplace or part thereof not be disturbed for a reasonable period of time for the purposes of carrying out an examination, investigation or test;

• the production of any materials concerning the content, frequency and manner of instruction of any training program and inspect, examine and copy the materials and attend any such program.


37

5. Prosecutions

•

Part III summonses (104 & 106)

• Issued within one year of the offence

• Upon conviction, the maximum fine that may be imposed is

• $ 500,000 upon a corporation;

• $ 25,000 or imprisonment for a term of no more than 12 months, or both on a person

• Part I summonses and Tickets

• Issued within one month of the offence

• Set up schedule of fines for tickets (ranges from $ 195 to $ 295);

• Upon conviction, the maximum fine that may be imposed is $ 1,000 on the contravener.

• Early resolution is available April 1, 2012 (see MOL website)


38

Outreach – How to know what MOL is planning

• Sector plans posted on the MOL website

• Advance announcements of blitzes and blitz results are posted on the MOL website

• Videos related to blitz hazards are posted on the MOL website, describing what inspectors are looking for during the blitz, and common violations

• Interactive web-based tools developed

• Musculoskeletal Disorders (MSDs)

• fall hazards and how to avoid them

• Safe At Work Ontario Today newsletter


39

MOL Enforcement Striving for Professionalism

• The MOL takes seriously the need to ensure that its inspectors apply their powers in a consistent, objective, and respectful manner and has developed and endorse a “Regulators Code of Professionalism”

• Inspectors receive extensive training when hired to help ensure consistent and fair application of the OHSA and must treat all clients and situations objectively and in an impartial manner.

• Inspector decisions are to be based on relevant legislation, regulations, standards, government policies and procedures, and amassed evidence.

• Outside of the appeal process for orders the MOL has an internal process to deal with complaints about inspector conduct, professionalism or other concerns.


40

Competent Person vs. Competent Worker

“competent person” means a person who,

(a) is qualified because of knowledge, training and experience to organize the work and its performance,

(b) is familiar with this Act and the regulations that apply to the work, and

(c) has knowledge of any potential or actual danger to health or safety in the workplace;

“competent worker”, in relation to specific work, means a worker who,

(a) is qualified because of knowledge, training and experience to perform the work,

(b) is familiar with the Occupational

Health and Safety Act and with the provisions of the regulations that apply to the work, and

(c) has knowledge of all potential or actual danger to health or safety in the work;

(Defined in the OHSA)

(Defined in O. Reg. 213/91)


41

6. Ontario Regulation 572/99: Training Requirements for Certain Skills Sets and Trades

•

• Workers in the compulsory construction trades must be authorized.

Employers must ensure that workers hold a subsisting form of MTCU authorization for that trade

Item Trade

1.

Electrician, branch 1: construction and maintenance electrician

Regulation

Reg. 1051,

R.R.O. 1990

2.

Electrician, branch 2: domestic and rural electrician

Reg. 1051,

R.R.O. 1990

3.

Reg. 1060,

R.R.O. 1990

4.

5.

6.

Hoisting engineer, branch 1: mobile crane operator

Hoisting engineer, branch 2: mobile crane operator

Hoisting engineer, branch 3: tower crane operator

Plumber

Reg. 1060,

R.R.O. 1990

Reg. 1060,

R.R.O. 1990

Reg. 1073,

R.R.O. 1990

7.

Refrigeration and air conditioning mechanic, branch 1: refrigeration and air conditioning systems mechanic

7.1

Refrigeration and air conditioning mechanic, branch 2: residential air conditioning systems mechanic

8.

Sheet metal worker, branch 1: sheet metal worker

8.1

Sheet metal worker, branch 2: residential (low rise) sheet metal installer

9.

Steamfitter

O. Reg. 75/05

O. Reg. 75/05

Reg. 1077,

R.R.O. 1990

Reg. 1077,

R.R.O. 1990

Reg. 1079,

R.R.O. 1990


42


7. Interim CHSP Enforcement Position/Next Steps

43



44



Online Resources – MOL Inspector Videos

• Videos that show what an Inspector looks for when performing a workplace Inspection

• The videos are available on via the MOL Internet site: http://www.labour.gov.on.ca/english/gallery/index.php

• Downloadable and printable posters and other resources have been developed and are available via the MOL internet website at: http://www.labour.gov.on.ca/english/hs/pubs/publication s.php#posters


45

46



7. Next Steps/Discussion Points

• Develop a set of standard measures and procedures for all types and phases of solar installations, including appropriate hazards recognition, risk assessments, and control measures to keep your members safe;

• Develop Compliance Guidance Materials on how to comply with

OHSA and its regulations for CanSIA members – IHSA is available to assist your association with it’s products and services (training and educational materials);

• Develop appropriate and adequate training for CanSIA members and

PVS installers. Consider exploring accreditation by MTCU/OCOT work towards a provincial training curricula and a set of training standards for solar installers (e.g. Asbestos Abatement workers); and

• Ensure your members remain safe and healthy!


47

8. CanSIA Webinar Summary

• All workers have the right to return home each day safe and sound.

• Preventing work-related illness and injury is the most important job at any workplace. Explore this website for prevention tips and contact one of our Health and Safety Association partners .

• Safe At Work Ontario is the Ministry of Labour strategy to protect workers’ health and safety on the job. The ministry enforces the Occupational Health and Safety Act and its regulations.

• Further information at: http://www.labour.gov.on.ca/english/hs/

• Working together we can eliminate workplace injuries!


48

8. Questions & Answers

• Thank you for the opportunity to speak to your group.

• Are there any questions?


49

Ministry of Training, Colleges and

Universities

•

Presentation

•

Linda Jones

•

Manager, Standards and Assessments, Ontario

Ministry of Training, Colleges and Universities (MTCU)

•



Ministry of Training, Colleges and Universities

Solar Photovoltaic (PV) Installation

CanSIA Webinar

March 16, 2012

Purpose

• To provide an overview of Ontario’s apprenticeship and certification system and the Ministry’s position on solar photovoltaic installation

52

Ministry of Training, Colleges and Universities

Role of the Ministry

• The Constitution Act gives exclusive authority to each province in Canada to make laws in relation to education. In Ontario, the Minister of Education and the Minister of Training, Colleges and Universities are responsible for the administration of laws relating to education and skills training.

As the operator of Employment Ontario , the Ministry is responsible for:

• delivering employment and training services to the public across the province

• developing policy directions for employment and training

• setting standards for occupational training, particularly for trades under the

Trades Qualification and Apprenticeship Act and Apprenticeship and

Certification Act

• managing provincial programs to support workplace training and workplace preparation, including apprenticeship, career and employment preparation, and adult literacy and basic skills

• undertaking labour market research and planning

53

Legislative Framework

2 Acts – over 150 trades

Trades Qualification and Apprenticeship Act

• Governs 34 trades (all in the construction sector)

• Establishes trades as compulsory or voluntary

• Compulsory means that only an individual with a valid Certificate of Qualification or a registered apprentice may perform the work as defined in regulation

• Voluntary means that the work is not restricted to certificate holders or apprentices

54

Trades Relevant to Solar PV Systems

Electrician (compulsory trade)

Regulation defines “Electrician” to mean a person who

(a) Lays out, assembles, installs, repairs, maintains, connects or tests electrical fixtures, apparatus, control equipment and wiring for systems of alarm, communication, light, heat or power in buildings or other structures

•

Architectural Glass and Metal Technician (voluntary trade)

Laying out, fabricating, assembling and installing… wall facings, curtain walls, … architectural glass fronts, … specialty glass, plastic and related products

Powerline Technician (voluntary trade)

• operate, maintain and service power lines used to conduct electricity from generating plants to consumers

• constructs or assembles a system of power lines used to conduct electricity from generating plants to consumers

55

Solar PV Installation: Timeline of Events

2009

2010

• Trades identify training gaps, jurisdictional claims re solar PV installation

• MTCU asked to confirm who can do what work

• MTCU consults with other ministries/regulators Electrical Safety Authority

(ESA), Ministry of Labour and the Ministry of Consumer Services (MCS)

• Ministries/regulators meet with stakeholders.

• Green Energy and Green Economy Act / Green Advisory Panel

• MTCU issues its position on the installation of solar PVs which clarifies work that requires an electrician

2011

2012

• Discussions about expanding TCU’s position given changing technology. No consensus.

• 3 reported incidents involving installation of solar panels

• Further stakeholder consultation.

• MOL issues enforcement clarification – supplements TCU’s position

56

Scope of Work

(November 22, 2010 MTCU position)

1.

The mounting of PV modules, ground-mounted or mounted on the building and/or roof, does not require the work to be performed by an electrician.

2.

Electrical connections must be performed by an electrician (herein known as a holder of a valid 309A (309D) / 309C Certificate of

Qualification or registered apprentice). Electrical connections include combiner boxes, panel boards, inverters, utility switches

(lock out) and meter bases.

3.

Where the PV module is pre-assembled with factory installed connectors (plug and play, touch safe and factory-inspected quickconnect), making the connections to modules does not require the work to be performed by an electrician.

• Note: Electrical connections do not include connection to the utility grid: power transmission or distribution. (Connection to the utility grid is within the scope of work of the trade of Powerline

Technician.)

57

Current Status

• MTCU’s November 22, 2010 in place.

• March 12, 2012 – MOL issues interim enforcement direction concerning Solar Photovoltaic Systems

58

Electrical Safety Authority

•

Presentation

•

Ted Olechna

•

Director, Codes and Standards and Chief Engineer,

Electrical Safety Authority (ESA)

•



PV Installation

Mounting and Connecting of PV modules with factory pre-assembled connectors

“PV Installer”

Non-LEC, Non - Electrician

Application for Inspection

© Electrical Safety Authority 2012

LEC, Electrician

Application for Inspection

60

For Your Safety

Mounting of Modules

© Electrical Safety Authority 2012 For Your Safety

Plug-In Connectors

© Electrical Safety Authority 2012 For Your Safety

Questions and Answers

Thank you to Michael, Linda and Ted for their presentations.

Do you have a question:

•

Click “I have a Question”.

• Or send your Question to “All Presenters”.

•

We will then provide further instructions.



Thank You and Survey!

•

Wes Johnston

•

CanSIA Director of Policy & Research

• wjohnston@cansia.ca

•

CanSIA,

150 Isabella Street, Suite 605,

•

Ottawa, ON CANADA, K1S 1V7

•

Tel: 866-522-6742

•

Fax: 613-736-8938 www.cansia.ca

Social Media: Like CanSIA on Facebook, follow us on Twitter and join my network on Linkedin.



Closing & Solar Ontario 2012

•

Ontario Minister of Energy - Chris Bentley

• Attending Solar Ontario 2012 Opening Reception - May 14, 2012

•

Register Today at www.SolarOntarioConference.ca

