Ministry of Labour
2006/2007 Priorities
Fiona Dalziel, Provincial Specialist
Industrial Health and Safety Program
Presented to OHAO
March 29, 2006
Agenda
 Ministry of Labour Business Strategy
 Targeted Enforcement
 Enhanced Enforcement Capacity
 Sector-Specific Initiatives
 Other Initiatives
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MOL Business Strategy
 Ministry of Labour commitment to reducing
workplace injuries by 20% by 2008 (and
prevent 20,000 lost-time injuries per year)
 Business strategy:
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Focus resources based on high-risk framework
Mitigate risk through implementing effective
strategies and wise use of resources
Measure whether the efforts make a difference
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OHS System
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Strengthening the OHS System
 MOL and WSIB: information sharing agreement to
identify and target firms (high-risk and priority)
 MOL/WSIB harmonized data:
 Single, consistent method of reporting lost-time
injury rates and fatalities
 Based on WSIB estimated workforce numbers
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Strengthening the OHS System
 System wide targeting of worst 10% of workplaces
by MOL, WSIB, HSA’s

2% MOL High Risk

8% Priority Firms (MOL); Last Chance (HSAs)
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Why Focus on
High-Risk Firms?
 10% of firms insured by WSIB represent 40% of all
injuries/costs (>30,000 workplaces)
 5 x as many injuries to newly hired workers
 4 x as many serious injuries
 4 x as many injured workers who don’t speak English
 3 x as many young workers injured
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Targeted Enforcement

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Top 10% identified by risk assessment methodology using
WSIB data
2005/06 algorithm had 5 criteria
2006/07 algorithm - 6 criteria based on previous 3 yrs:
1.
2.
3.
4.
5.
6.
Number of LTI’s per worker
Average cost per LTI
Number of NLTI’s per worker
Average cost per NLTI
Excess cost of LTI for employer relative to sector
Excess cost of NLTI for employer relative to sector
March, 2006
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Proactive Inspections
High, Priority and Low Risk Targeting
High Risk Firms
(top 2% )
A
E
Firms move between high,
priority and low risk
H
C
I
Priority Firms
(next 8%)
B
R
Q
J
D
M
Regulated Sector or Area
March, 2006
K
P
O
L
N
G
Low Risk Firms
F
X
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High-Risk Initiative
 Targeted inspections of high-risk/high-cost firms
 MOL target = top 2%
 Proactive inspections 4 x per year
 Approximate targets for 2006/2007:


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4000 industrial firms
1800 construction firms
10 mines
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What are MOL inspectors
looking for?
 Systemic OHS Problems:

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Poor IRS
Lack of OHS awareness and culture
Lack of OHS programs and training
 Specific Issues and Hazards
Inspectors will assess each workplace:
 Follow up inspection needed or not?
 Further progress and improvement required?
 Issues more related to WSIB claims management?
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Last Chance Initiative
 High-Risk Firms – top 2% (MOL targets)
Priority Firms – next 8%
 Health and Safety Associations (HSA’s) select their “last
chance” firms from the 8%
 An initial pilot group of 5 HSA’s participated
(in 2006/2007 all 12 HSA’s will participate)
 Associations work with these selected firms to improve
their health and safety performance
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Priority Firms Initiative
 Remaining firms of 8% become MOL Priority
 MOL target of 1 visit during year
 Monitor Internal Responsibility System of firm to
ensure the firms do not move into high risk
category
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Priority Referral Initiative
 Consists of firms that are :
 referred by HSA’s through Last Chance Initiative
 high-risk firms carried over from the previous year due to
repeat or outstanding orders, or other reasons
 sector specific targeting strategies or
 referred by field due to unacceptable number of
complaints, work refusals, incidents or state of the IRS
 MOL inspectors visit these firms 2 x per year
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Monitoring Impact
System-wide monitoring of impact:



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# of targeted inspections
Priority hazards
Appropriate orders, prosecutions, fines
Requests for training through HSA’s
Activities of Last Chance initiative
Fatality, critical injury, LTI trends
March, 2006
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MOL High-Risk Activity
(Apr 1, 2005 to Feb 28, 2006)
March, 2006
Program
Field Visits
Orders
Industrial
13,463
37,536
Construction
7,182
14, 895
Mining
229
455
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Partner Outcomes
 WSIB outcomes in the targeted high-risk firms
(April 1, 2005 to January 3, 2006) show that we
are on track to meeting our commitments (i.e.
lower LTI #’s and rates)
 In 2006, IWH plans to launch formal evaluation of
effectiveness of HSA’s last chance initiative
March, 2006
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Injuries Per 100 workers per
year
LTI & NLTI Rates
8
7.2
7.4
7.1
7
6
5
4
3
4.6
6.8
6.6
6.3
5.3
4.8
4.6
4.5
4.4
4.2
3.5
2.6
2.6
2.5
2.3
2.2
2.1
2002
2003
2004
1.8
2
1
0
1999
2000
2001
Lost-time
No lost-time
MOL Presentation - Health Care Inspectors 2006
2005
2006
2007
Total
5
Enhanced MOL
Enforcement Capacity
 An essential part of the MOL’s business strategy was
the hiring of 200 new inspectors
 131 new inspectors hired and trained in 2004/2005
(and in the field)
 69 additional inspectors are currently being recruited
 As of 2006, expect total MOL inspectors = 430
March, 2006
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Health Care Sector
 Last group of recruits includes 6 health care inspectors
 Individuals with knowledge and experience of health care
and will be dedicated to enforcement in this sector
 Start April 3, 2006 and begin training program
 When trained, their role will include:


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Initially concentrate on proactive inspections of high-risk health
care facilities
Assisting all other industrial inspectors with health care
inspections or investigations
Liaise with other health care groups (e.g., LTC compliance
officers, public health inspectors, OSACH, etc.)
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Health Care Sector (cont’d)
 Proactive inspections to address: IRS, JHSC function, infection
control measures and procedures, ergonomics, violence, etc.
 MOL will continue to address sharps injury prevention:
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employers to assess risk of sharps-related injuries
implement measures to prevent injury - safety engineered medical sharps
(SEMS) may be a reasonable precaution
 MOL will continue to address use of respiratory protection for
protection against airborne transmitted diseases:
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Employers to ensure staff trained/fit-tested to deal with routine situations
and to respond to emergencies
Recommend ability to ramp up training/fit-testing, if necessary
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Health Care Sector (cont’d)
 MOL is continuing to work with MOHLTC (and other
ministries/agencies) on initiatives and issues including:
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Emergency Management Ontario (EMO)/working groups
Pandemic influenza plans (MOL Provincial Physician is
member of OHPIP steering committee)
Infection control measures and procedures (MOL Provincial
Physician is member of PIDAC)
Use of PPE (including respiratory protection)
Legionnaires’ Disease prevention in LTC homes
Etc.
March, 2006
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Statistics on Farming Operations
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Statistics on Farming Operations
Statistics on Farming Operations
Statistics on Farming Operations
Farming Operations
 O. Reg. 414/05, Farming Operations, comes into
effect June 30, 2006
 Does not apply to farming operations operated by
a self-employed person without any workers
 JHSC if 20 or > workers and have duties related to:

Mushroom, greenhouse, dairy, hog, cattle, poultry farming
(JHSC certification requirements apply if 50 or > workers)
 The following regulations apply: Critical Injury Definition;
Training Programs; Training Requirements for Certain
Skills Sets and Trades
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Farming Operations (cont’d)
 MOL working with OMAFRA, FSA, farming industry:
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
To implement legislation
To develop guidelines to assist in identifying main hazards (e.g.,
tractors, heavy machinery, large animals, equipment guarding and
lockout, hazardous atmospheres, falls, etc.)
 Public awareness sessions held in Feb/Mar 2006
 Information on the Act, Regulations, Policy and Program
for Farming Operations at www.labour.gov.on.ca
 1st year: MOL will focus on reacting to events
 2nd year: MOL will develop a proactive inspection strategy
March, 2006
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Industrial Sector - Ticketing
 Announced January 20, 2005: Part I tickets under
Provincial Offences Act for violations of Industrial
Regulations (Schedules 67.3 and 67.4.)
 81 contraventions that pose immediate and potentially
serious hazard to a worker; are observable by an
Inspector; do not raise complex legal or factual issues
 Set fines at $200 or $300
 Tied to the government’s plan to reduce workplace
injuries by 20% over 4 years
 From Jan to Dec 2005 - 508 tickets issued
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Construction Sector:
Underground Economy
 To respond to construction industry concerns regarding fairness,
competitiveness and level playing field
 To identify workers/employers involved in the underground economy
and ensure everyone complies with legal obligations
 MOL has formal agreement with WSIB, Electrical Safety Authority,
and the ministries of Finance and Training, Colleges and Universities
to work together to identify underground economy activity and
recover lost revenue to all parties
 MOL is collecting data, including WSIB registrations and tax
information, for these organizations to follow up on
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Underground Economy (cont’d)
 Mar 10, 2006: $1,727,022 revenue assessed; $996,308 recovered
 Educating consumers about dangers of using underground, unqualified
contractors/workers (www.serviceontario.ca/constructionbusiness)
 MOL inspectors enforce the TQAA’s certification requirements for:
electricians, hoisting engineers, plumbers, refrigeration and air
conditioning mechanics, sheet metal workers and steamfitters
 Announced Mar 6, 2005: Reg. 950 under POA amended to give MOL
inspectors power to issue tickets to employers, supervisors, workers in
specified trades if do not provide written proof of TQAA qualifications
- Chief Justice must first set fines
March, 2006
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Ergonomics
 Half of all work days lost are due to ergonomics-related injuries
 Ergonomics sub-committee of Minister’s Health and Safety
Action Group for Manufacturing Sector
 Issued report with recommendations in Sept 2005
 MOL is acting on the sub-committee recommendations
 Refer to MOL website for info: www.labour.gov.on.ca
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Ergonomics (cont’d)
Pains and Strains Campaign
 MOL will raise awareness of ergonomic-related injuries
(Pains and Strains Campaign announced Jan 26, 2006)
 MOL will work with WSIB and HSA’s to develop information and
guidelines for employers and workers
 MOL inspectors will receive enhanced ergonomics training (to assist
MOL Ergonomists)
 April 2006: inspectors will include ergonomic risk factors in
inspections/enforcement at high-risk workplaces in industrial and
health care sectors
March, 2006
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Young Worker Safety
 The MOL treats young worker safety seriously
 MOL inspectors will check to ensure that employers have
programs in place that address young worker safety, including:
 Ensuring young workers know their rights and
responsibilities
 Orientation for young workers
 Job-specific training
 Adequate supervision (“competent” supervisors)
 See MOL website for info: www.labour.gov.on.ca
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Confined Spaces
 Confined Spaces Regulation (632/05) and
amendments to the Industrial, Construction, Mining,
and Health Care Regs. were filed and published in elaws and Ontario Gazette in Dec 2005
 Comes into effect on Sept 30, 2006
 MOL is developing guideline to assist employers
March, 2006
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Asbestos Regulation
 Regulation filed/published in June 2005
 Came into effect on November 1, 2005
 Some provisions related to training program and
asbestos management program will come into effect
on November 1, 2007
 MOL is working on guideline to assist employers
March, 2006
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Proposed Noise Amendments
 MOL proposal to revoke current noise provisions in
Regulation 851 and replace them with the following:

TWA exposure limit of 85 dBA (based on 3 dB
exchange rate); and 140 dBC ceiling limit.
 Public consultation period ended Feb 24, 2006
 MOL currently reviewing submissions
March, 2006
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Occupational Exposure Limits
 Annually proposing limits recommended by ACGIH
for adoption in Ontario:
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Ensures that OELs are regularly updated based on standards
developed by ACGIH, a credible organization.
ACGIH standards setting process is transparent and provides
industry with lead time to work towards attaining compliance
should new limit be adopted in Ontario.
Ensures that Ontario’s limits will remain current.
Anticipate ACGIH to publish 2006 recommended limits in
Spring; MOL to propose changes following that date.
March, 2006
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2005 OEL Update
 More protective OELs for 23 substances were
adopted into regulation in November, 2005
 All except Formaldehyde and Styrene were
effective November 28, 2005.
 Revised limits for Formaldehyde are effective
December 31, 2007.
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Regulatory Modernization Act
 Regulatory Modernization Act, 2006: to modernize business
compliance by changing the way regulatory ministries can use and
share information. If passed, it would allow ministries to:
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Collect, use, share specific info for compliance purposes( ie: UE project)
Notify another ministry if something relevant is observed
Create teams from different ministries to work on projects
Publish info about organization’s compliance record (deterrent)
Authorize prosecutors to request court consider relevant prior convictions in
sentencing of a defendant
Require court to provide reasons when it decides previous conviction does
not justify a more severe penalty
 The Act would also include safeguards for businesses
March, 2006
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Smoking in the Workplace
 Effective May 31, 2006, the Smoking in the
Workplace Act will be repealed and the Smoke-Free
Ontario Act will come into force
 O. Reg. 48/06 made under SFOA filed Mar 1, 2006
 Public health inspectors will enforce the new
smoking legislation
 Ministry of Health Promotion: www.mhp.gov.on.ca
March, 2006
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Thank you!
Questions?
March, 2006
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Abbreviations
FSA = Farm Safety Association
HSA’s = Health and Safety Associations
IRS = Internal Responsibility System
IWH = Institute for Work and Health
LTC = Long-term care
LTI = Lost Time Injury (NLTI = No Lost Time Injury)
MOHLTC = Ministry of Health and Long-Term Care
MOL = Ministry of Labour
OHPIP = Ontario Health Plan for an Influenza Pandemic
OMAFRA = Ontario Ministry of Agriculture, Food & Rural Affairs
OSACH = Ontario Safety Association for Community & Healthcare
PIDAC = Provincial Infectious Diseases Advisory Committee
POA = Provincial Offences Act
TQAA = Trades Qualification and Apprenticeship Act