On Wednesday, May 18, 2011, the Government of Ontario passed Bill 160, An Act to amend the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997 with respect to occupational health and safety and other matters. Upon receiving Royal Assent, the Act will become law, and will come into force no later than April 1, 2012.
These Amendments are in response to the Tony Dean Report. They include:
- Prevention mandate shifted to the Ministry of Labour (Part II of WSIA is repealed)
- Requirement for mandatory training for workers and health and safety representatives
- Expansion of powers for JHSC co-chairs to make direct recommendations to employer/constructor where committee fails to reach a consensus
- Establishment of a Prevention Council and Chief Prevention Officer
- Development of Codes of Practice for Accident Prevention
- Inspectors given power to refer reprisal to the Ontario Labour Relations Board
Bill 160 also gives the Ministry of Labour power to implement additional changes recommended by the Tony Dean Panel. For example, although Bill 160 sets out the requirements for mandatory training for new workers and health and safety representatives, the training standards and approved trainers will be established by the Prevention Council once it is fully operational. We expect that the Prevention Counsel will also be responsible for the development of the Codes of Practice that will assist employers and constructors with meeting the specific health and safety requirements set out in the regulations.
Employers will have to remain patient as the recommendations are implemented.
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