Ministry of Labour

Roy Ford Provincial SpecialistOccupational Health and Safety Branch, MOL

Workplace Safety North Stakeholder Webinar

New and Young Workers2012 Blitz

Ministry of Labour2

Note:

This presentation has been prepared to assist workplace parties in understanding their obligations under the Occupational Health and Safety Act (OHSA) and the regulations. It is not intended to replace the OHSA or the regulations and reference should always be made to the official version of the legislation.

It is the responsibility of the workplace parties to ensure compliance with the legislation. If you require assistance with respect to the interpretation of the legislation and its potential application in specific circumstances, please contact your legal counsel.

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Today’s Objectives

To provide stakeholders with an overview of the Ministry of Labour New and Young Workers Blitz, May through August, 2012

To outline the Ministry of Labour’s (MOL) expectations and the focus of MOL inspectors

To provide information about resources to assist workplace parties

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Safe At Work – Compliance Strategy

Safe At Work Ontario (SAWO) is the Ministry of Labour’s compliance strategy which is designed to:

improve the health and safety culture of workplaces, reduce workplace injuries and illness, avoid costs for employers as a result of work related WSIB claims, and provide a level playing field for compliant employers

Safe At Work Ontario is risk based, and focuses on sector hazards and on building and sustaining a health and safety culture in the workplace.

For additional information, see the Ministry of Labour SAWO website:http://www.labour.gov.on.ca/english/hs/sawo/index.php

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Blitz Goals Raise awareness of hazards

Check that employers identify and control hazards

Check that employers address and remedy non-compliance with the OHSA and its regulations

Deter non-compliant employers

Enhance health and safety partnerships; and

Promote improved health and safety for workers IRS

Provide Information and Resources.

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In 2011 the New and Young Workers Blitz

• Between May 1 to August 31, 2011, MOL inspectors conducted 3,458 blitz-related field visits to

2,847 workplaces and9,799 orders, under the OHSA,214 stop work orders

• From the total of 9,799 orders issued in Industrial sectors: 8,625 were time based orders (88.0%), 862 were forthwith orders (8.8%), 98 were plan orders (1.0%), and 214 were stop work orders (2.2%)

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Why focus on New and Young Workers? The Institute for Work & Health (IWH) has identified that any new worker,

of any age on the job, is up to four times more likely to be injured during the first month than any other time performing that job.

Research* shows that our youth often: • Lack orientation and job-specific training• Lack supervision• Are unaware of their legal rights and obligations• May be physically, cognitively and emotionally underdeveloped; and• Underestimate the dangers associated with work, thus increasing

the potential likelihood of injury. Between 2006 and 2010, 34 young workers aged 15 to 24 died in work-

related incidents, according to Workplace Safety and Insurance Board (WSIB) *Breslin, Day, Tompa et al, 2006; Breslin, 2009; McCloskey, 2008; NRC Institute of Medicine, 1998.

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About the New and Young Workers Blitz The New and Young Workers Blitz will be conducted in the

industrial and health care sectors, in extended coverage workplaces and low-rise construction projects.

It will last four months (May through August, 2012).

In addition to inspecting for compliance with all legislative requirements, MOL inspectors will check specifically for: whether required employer orientation, training and

supervision are in place what safety measures are in place to prevent injuries to this

vulnerable group of workers

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About the New and Young Workers BlitzNew and young workers defined:

new workers, 25 years of age or more, on the job less than 6 months or reassigned to a new job

young workers, 14-24 years of age

Any new hire-permanent or temporary, including supervisors, with or without experience in the industry and any current workers who are assigned new jobs are at increased risk.

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Where do we go ?

• High incidence of lost time injuries in the sector;• Identified as a high priority workplace;• Historical data indicating workplaces that have highly hazardous processes

and equipment, workplaces in respect of which complaints have been received by the Ministry, and overall have poor compliance history;

• New and young workers are often employed, including regular and seasonal employment in workplaces; or

• Inspector with local intelligence should identify workplaces not previously visited.

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About the New and Young Workers Blitz In the Health Care sector, inspectors will focus on:

Long Term Care Homes Retirement Homes Acute Care Hospitals Developmental Services (Supported Group Living / Intensive Group Residences)

Industrial inspectors will focus on the following types of workplaces: Service sector (e.g. retail establishments, restaurants) Farming operations: Poultry, Greenhouses, Mushroom, Tobacco, Field Crops,

Processors Tourism/hospitality (e.g. amusement parks, hotels, campgrounds, marinas) Logging (e.g. tree planting) Municipalities (e.g. municipally operated parks and recreation facilities, camps,

arenas, pools) Transportation (e.g. couriers, trucking, movers) Non-regulated workplaces Other sectors as identified by Regions (according to local field intelligence)

Construction: low-rise residential

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How will this Blitz support SAWO? Encourage employers to identify hazards related to New and Young

Workers, so that they can implement corrective action, including developing and implementing control measures and procedures, and worker training to reduce injuries that may occur to these vulnerable workers.

Act as a deterrent to employers who are in non-compliance with the OHSA and the applicable regulations.

Promote and raise awareness about the increased risk of injury to New and Young Workers.

Promote sustained improvements to workplace culture regarding occupational health and safety.

Enhance partnerships with Health and Safety Associations and other stakeholders which will help reduce injuries to Ontario workers.

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What may MOL inspectors look for?Inspectors in all sectors may focus on the following:

Training, Orientation and Supervision WHMIS

Minimum Age Requirements Internal Responsibility System

Joint Health and Safety Committee/Health and Safety Rep Safety Measures

Materials handling Mechanical device usage Machine guarding Personal protective equipment Ladder usage Musculoskeletal Disorders / Repetitive Strain Injuries Occupational illness

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What may MOL inspectors look for?

Inspectors will look at with respect to contraventions of the following:

Falls from Height Minimum Age Requirements (e.g. section 4 of the Industrial

Establishments Regulation) Machine Guarding/Lockout Personal Protective Equipment Confined Space

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Compliance with the OHSA and its Regulations

MOL inspectors will enforce the OHSA and its regulations with respect to New and Young Workers, including the following:

Occupational Health and Safety Act, Revised Statutes of Ontario, 1990 Industrial Establishments O.Reg. 851/90 Health Care and Residential Facilities O. Reg. 67/93 Workplace Hazardous Materials Information System (WHMIS),

R.R.O. 1990, Reg. 860

The workplace parties are required to comply with applicable provisions of the OHSA and its regulations.

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Compliance with the OHSA and its Regulations Duties of employers under subsection 25(2) of the OHSA include, but are

not limited to: provide information, instruction and supervision to a worker to protect the

health and safety of the worker, clause 25(2)(a) when appointing a supervisor, appoint a competent person, clause 25(2)(c) acquaint a worker or person in authority over a worker with any hazard in the

work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent, clause 25(2)(d);

afford assistance and co-operation to a committee and a health and safety representative in the carrying out by the committee and the health and safety representative of any of their functions, clause 25(2)(e);

only employ in or about a workplace a person over such age as may be prescribed, clause 25(2)(f);

take every precaution reasonable in the circumstances for the protection of a worker, clause 25(2)(h)

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Last year 2011 Top 10 Orders The top 10 most frequently asked issued orders related to the failure to comply with the requirements for:1. Taking reasonable precautions to protect the health and safety of workers 7582. Maintain Equipment in good condition 6763. Preparing and reviewing of health and safety policy and the development of a program to

implement the policy638

4. Posting a copy of the OHSA at the workplace 6335. Providing workers with information, instruction and supervision to protect their health &

safety544

6. Violence in the workplace program 4937. Health and safety representative 4038. Violence and harassment policies in the workplace 377

9. Workplace inspections 36710. Machine guarding and lockout 358

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Top 10 Sub-Sector Orders 2011

2390

1883

1136

688 606 565 520

274 230 201

0

500

1000

1500

2000

2500

Retail Restaurants Tourism Food &Beverage

Vehicle &Sales

Wood &Metal

Wholesalers IndustrialServices

Textile &Printing

Offices

The top 10 sub-sectors in the Industrial Program and the number of orders that were issued:

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Summary of the New and Young Workers Blitz

Ministry of Labour (MOL) inspectors will carry out the Blitz regarding New and Young Workers, through workplace inspections that occur between May 1st and August 31st, 2012 in order to: ensure compliance with the OHSA and its regulations

MOL Inspectors will be using enforcement tools (i.e. orders, Part I tickets, Part I Summons, Part III prosecution) as appropriate when contraventions are found.

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Ministry of Labour Resources Young worker portal on the Ministry of Labour’s website:

www.labour.gov.on.ca/english/atwork/youngworkers.php Ministry of Labour’s WorkSmartOntario website for information on

workplace health and safety and workers’ employment rights and obligations: www.worksmartontario.gov.on.ca

Ministry of Labour’s WorkSmartCampus health and safety information geared to post-secondary students: www.worksmartcampus.ca

Young Workers Tip Sheets – for Employers, Supervisors, Parents and Workers http://www.labour.gov.on.ca/english/atwork/youngworkers.php

Provincial Blitz Schedule and Previous Blitz Results: http://www.labour.gov.on.ca/english/hs/sawo/blitzes/index.php

Sector Plans: http://www.labour.gov.on.ca/english/hs/sawo/sectorplans/index.php

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Prevention Worker guide Step 1: Get On Board Step 2: Get in the Know Step 3: Get Involved Step 4: Get More Help

Employer guide Face to faceDVD/CDelectronic

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Contact the Ministry of Labour

The Ministry of Labour has launched a new toll-free number to report a workplace health and safety incident, critical injury, fatality or work refusal.

The public can also call this number if they suspect unsafe work practices or for general inquiries.

The number operates 24 hours a day, seven days a week. Your local Ministry of Labour office may be found at: http://

www.labour.gov.on.ca/english/about/reg_offices.php

1-877-202-0008

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Ministry of Labour

Thank You!