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May 29, 2014

OHSA Awareness Training Effective July 1, 2014

As of July 1, 2014, Occupational Health and Safety Awareness and Training, O. Reg. 297/13, a new regulation made under the Occupational Health and Safety Act (the “Act”), will come into force.  The new regulation applies to all workers and supervisors, regardless of industry.  It was passed in order to increase workers’ and supervisors’ knowledge of basic rights and responsibilities under the Act and to increase awareness of basic workplace health and safety issues. 

In order to comply with the regulation, employers must ensure that workers and supervisors complete basic occupational health and safety awareness training.  The content of basic occupational health and safety awareness training differs slightly for workers and supervisors, however, there is some overlap.  Both workers and supervisors must receive training on the following topics: 

 
  1. The duties and rights of workers under the Act;
  2. The duties of employers and supervisors under the Act;
  3. The roles of health and safety representatives and joint health and safety committees under the Act; and
  4. The roles of the Ministry of Labour, the Workplace Safety and Insurance Board and entities designated under section 22.5 of the Act with respect to occupational health and safety, such as the Workers Health & Safety Centre and Occupational Health Clinics for Ontario Workers. 

In addition to the above, workers must also be trained on the following topics:

  1. Common workplace hazards;
  2. The requirements set out in Regulation 860 (Workplace Hazardous Materials Information System, or WHMIS) with respect to information and instruction on controlled products; and
  3. Occupational illness, including latency. 

Whereas supervisors must be trained on the following topics:

  1. How to recognize, assess and control workplace hazards, and evaluate those controls; and
  2. Sources of information on occupational health and safety. 

To assist employers in determining the difference between a worker and a supervisor, the Act defines a supervisor as a person who has charge of a workplace or authority over a worker.  As a result, if an employee directs activities in the workplace or directs the activities of another employee, that employee is a supervisor.  The distinction between worker and supervisor is important not only because workers and supervisors are required to receive training on slightly different topics but also because workers are required to receive training as soon as practicable, while supervisors are to receive training within one (1) week of performing work as a supervisor.

To assist employers in meeting the obligation to provide basic occupational health and safety awareness training, the Ministry of Labour has developed e-learning modules and workbooks which, if completed by workers and supervisors, meet the requirements set out in the regulation.  The e-learning modules and workbooks can be found by clicking on the following link: Health and Safety Awareness Training for Workers and Supervisors.

Employers are not required to use the Ministry of Labour’s e-learning modules or workbooks.  If employers wish to develop their own basic occupational health and safety awareness training, they are free to do so.  However, employers must ensure that any training program covers the required content set out in the regulation.
 
In certain circumstances, employers will be exempt from providing basic occupational health and safety awareness training.  Employers will be exempt from providing training when: 

  1. The worker or supervisor previously completed basic occupational health and safety awareness training that covers the required content set out in the regulation;
  2. The worker or supervisor provides the employer with proof of completion of that training; and
  3. The employer verifies that the previous training covered the required content set out in the regulation. 

Upon the completion of training, employers must keep a record of the basic occupational health and safety awareness training.  The record should list the names of the workers and supervisors who have completed training, the date training was completed, a brief description of the training course or program and the names of workers and supervisors who are exempt from the employer’s obligation to provide training.

The record should be kept for a period of at least six (6) months after the worker or supervisor no longer completes work for the employer.  Keeping the record for this time period ensures that the employer can provide the record to the Ministry of Labour during an inspection, or to a worker or supervisor who requests a copy of the record. 

In order to prepare for the July 1, 2014 deadline, employers should take the following steps: 

  1. Determine the employees that are workers and the employees that are supervisors;
  2. Determine whether any employees are exempt from the employer’s training obligation;
  3. Decide whether training will be conducted using the Ministry of Labour’s e-learning module or workbooks, or in some other way;
  4. Conduct the training or arrange for it to be conducted;
  5. Ensure that supervisors receive training by July 7, 2014; and
  6. Prepare a record of the training and ensure that it is preserved for at least six (6) months after the worker or supervisor no longer completes work for the employer.

The Ministry of Labour has created a guide which includes additional information on the Act, the new regulation, and the goals to be achieved by the new regulation.  The guide can be found at the following link: Ministry of Labour Guide.
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