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Do small
organizations (e.g. 6-10 workers) require a health
and safety policy and a program to support that
policy?
Yes. Section 25(4) of the Occupational Health
and Safety Act requires a health and safety policy
and program for workplaces with more than five workers.
In addition, Section 8 of Ontario Regulation 67/93 Respecting
Health Care and Residential facilities also sets requirements
for an employer to develop and implement written measures
and procedures for the health and safety of workers.
Where can I get help with claims management and WSIB
dispute resolution?
You can find companies offering these
types of services by checking the advertisements in
magazines such as OHS Canada or Canadian
Occupational Safety.
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Does WHMIS apply to all organizations?
Yes. Ontario’s WHMIS regulation
(Regulation 860) stems from federal legislation, and
it applies "to employers and workers in respect
of controlled products used, stored, and handled at
a workplace."
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What is the Workwell program?
A program developed in 1989 by the
Workplace Safety and Insurance Board of Ontario to
provide financial incentives to employers to improve
workplace health and safety, and levy additional
premium charges against employers who do not
maintain safe and healthy work environments.
The
Workwell program focuses its resources on employers
who have demonstrated poor accident cost and
frequency performance and/or substandard compliance
with the Occupational Health and Safety Act.
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How are workplaces selected for Workwell evaluations?
Candidates are selected on the basis
of examination of data from the Ministry of Labour
(MOL) and the Workplace Safety and Insurance Board
(WSIB). The WSIB identifies those employers who, for
their rate group, have particularly poor performance
in terms of accident cost, frequency, or severity.
The MOL identifies employers who have a history of
non-compliance with the Occupational Health and
Safety Act.
- How is a
Workwell evaluation conducted?
Employers are notified in writing of an impending
workplace health and safety evaluation under section
82 of the Workplace Safety and Insurance Act. A
Workwell evaluator contacts the firm to schedule an
appointment for the evaluation.
The evaluator examines the occupational health
and safety program at the workplace, observes the
firm’s practices and procedures in action, tours
the workplace, and conducts random interviews with
the workers on-site.
Following the evaluation a report is prepared and
mailed to each participant involved with the
evaluation process. In addition, copies of the
report are sent to the Ministry of Labour and to the
appropriate Health and Safety Association. The
report indicates the firm’s overall score,
identifies health and safety program components in
place, and identifies areas requiring improvement.
The passing score is 75%. If the organization is
not successful, they are given six months to improve
their health and safety program and system before a
re-evaluation.
If the firm still fails to achieve a passing
score of 75%, an additional WSIB premium charge will
be applied. The charge will range from 10% to 75% of
the firm’s base annual premium, depending on the
extent and seriousness of the health and safety
insufficiencies.
What is the definition of "pay hours"
used in OSACH's benchmarking reports?
The benchmarking calculation attempts to even the
playing field between large and small organizations
in order for comparisons to be made within a rate
group. Therefore the frequency is based on Pay
Hours, which are defined as: An estimate of the
number of hours worked based on the average hourly
wage for the rate group and the insurable earnings
for the year.
What is the governing legislation with respect
to Workplace Violence?
- Occupational Health and Safety Act: The Act does not specifically
deal with violence, but it prescribes the responsibilities of
workplace parties for health and safety in general.
- Criminal Code of Canada: Section 265 of the Code defines assault
and gives workers the right to call police to investigate and lay charges.
- Ontario Human Rights Code: The "prohibited grounds of discrimination"
clause makes it unlawful for employers to treat workers differently for
certain "prohibited" reasons including race, ancestry, place of origin,
color, ethnic origin, citizenship, religion, sex, sexual orientation,
disability, age, marital status, family status, and record of offences.
- Workplace Safety and Insurance Act: The WSIA classifies an injury
resulting from an act of violence as it would any other injury. It gives
workers the right to file a claim for such an injury.
- Compensation for Victims of Crime Act: A person injured as a
result of a crime can claim compensation if he/she has requested that
charges be laid against the perpetrator. If the claim is accepted, the
victim has the right to a hearing by the Ontario Criminal Injuries Compensation Board.
- Regulated Health Professions Act: The Act establishes the concept of "zero tolerance"
for abuse of patients. By extension, it advocates abuse-free workplaces and fosters the
philosophy that violence is unacceptable and perpetrators must be held accountable.
Where can I get First Aid/CPR Instructor training?
You will find the list of recognized training
organizations for First Aid training in the WSIB
First Aid regulation 1101. Some of these
organizations also provide instructor training.
St John Ambulance has training
offices all across Canada with schedules for
instructor training courses throughout the year. The
number of the Toronto training office is
416-967-4244.
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