The Occupational Health and Safety Awareness and Training Regulation, O. Reg. 297/13 (the "Regulation"), is a new regulation, which was filed under the Occupational Health and Safety Act (the "OHSA") on November 14, 2013. The Regulation requires Ontario employers to provide their workers and supervisors with basic occupational health and safety awareness training, starting July 1, 2014. These new training requirements are additional to the pre-existing OHSA obligations of Ontario employers to inform their workers of workplace-specific hazards, and to inform, instruct and supervise workers to protect their health or safety.
TRAINING FOR EMPLOYEES
All employees must receive basic occupational health and safety training, unless an employee has previously completed a basic occupational health and safety awareness training program, and provides his or her employer with proof of completion.
Employee training must include the following:
- The duties and rights of workers under the OHSA;
- The duties of employers and supervisors under the OHSA;
- The roles of health and safety representatives and joint health and safety committees under the OHSA;
- The roles of the Ministry, the Workplace Safety and Insurance Board and entities designated under section 22.5 of the OHSA (safe workplace associations, medical clinics, or training centres specializing in occupational health and safety) with respect to occupational health and safety;
- Common workplace hazards;
- The requirements set out in Regulation 860 (Workplace Hazardous Materials Information System) with respect to information and instruction on controlled products; and
- Occupational illness, including latency.
TRAINING FOR SUPERVISORS
All supervisors must complete training within one week of becoming a supervisor, unless a supervisor previously completed basic occupational health and
safety training, and provides his or her employer with proof of completion. A supervisor is also exempt from the awareness training requirements if he or she was performing work as a supervisor before they came into force (July 1, 2014), and has previously completed training that meets the requirements of the Regulation.
Employers must train supervisors on the following:
- The duties and rights of workers under the OHSA;
- The duties of employers and supervisors under the OHSA;
- The roles of health and safety representatives and joint health and safety committees under the OHSA;
- The roles of the Ministry, the Workplace Safety and Insurance Board and entities designated under section 22.5 of the OHSA (safe workplace associations, medical clinics, or training centres specializing in occupational health and safety) with respect to occupational health and safety;
- How to recognize, assess and control workplace hazards, and how to evaluate those controls; and
- Sources of information on occupational health and safety.
RECORD KEEPING OBLIGATIONS
Employers must maintain records of any basic occupational health and safety awareness training completed, as well as any exemptions that apply to supervisors or workers. Employers must also provide supervisors and workers with proof of training completion, or any applicable exemption, upon request.
Ontario employers should begin thinking about how they will develop basic occupational health and safety awareness training programs in order to bring their organizations into compliance with the Regulation by July 1, 2014.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.