Workers whose employment activities are within the scope of Ontario’s Construction Projects Regulation (O. Reg. 213/91) must complete a Working at Heights training program that has been approved by the Ontario Ministry of Labour. Upon completion, learners will receive a Ministry of Labour-accredited training certificate that will be valid for 3 years. This certificate qualifies them to work at heights on construction projects.

The key differences between these two programs are as follows:

Working at Heights training for construction project workers: Employers must ensure that certain workers complete a Working at Heights training program approved by the Ministry of Labour’s Chief Prevention Officer (CPO) and delivered by a CPO-approved training provider before they can work at heights.

This training is required for workers on construction projects who use any of the following methods of fall protection: travel restraint systems, fall restricting systems, fall arrest systems, safety nets, and work belts or safety belts.

This training is required as stated in the Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13) and is in addition to the training requirements under the Construction Projects Regulation (O. Reg. 213/91).

Fall Protection training for non-construction workers: Non-construction workers do not have to complete a CPO-approved Working at Heights training program if they work at sites not covered by the Construction Projects Regulation. Ontario’s Occupational Health and Safety Act (OHSA) requires workers to complete appropriate fall protection training to minimize their risk of injury from a fall.
 

Training Refreshers as of April 2015: If you’ve completed Working at Heights training after April 2015 in an Ontario Ministry of Labour-approved program, your certificate remains valid for 3 years from the issue date. After 3 years, you must take a refresher course to update your knowledge and skills.

The Workplace Hazardous Materials Information System (WHMIS) provides employers and workers across Canada with information about hazardous materials used in the workplace.

Under WHMIS, there are three ways in which information on hazardous materials is provided:

• Labels on the containers of hazardous materials
• Material Safety Data Sheets (MSDS) or Safety Data Sheets (SDS) that supplement the label with detailed hazard and precautionary information
• Worker education programs

The manufacturer, supplier, or distributor of the hazardous material provides the labels and Safety Data Sheets to the employer. The employer must pass the information on to the workers and provides educational programs concerning their safe handling.
 

WHMIS 2015 builds on WHMIS 1988 by incorporating elements from the internationally recognized Globally Harmonized System (GHS) and establishes new rules for classifying and labeling hazardous workplace materials and new information for Safety Data Sheets (formerly Material Safety Data Sheets). 

This new WHMIS system aligns Canada’s occupational hazard classification and communication requirements with those used by the United States and other major trading partners.

Under WHMIS 2015|GHS, “controlled products” are called “hazardous products” and there are:

• New rules for classifying hazardous workplace chemicals
• Two main hazard classes: physical hazards and health hazards
• New label requirements, including pictograms instead of symbols (which were used in WHMIS 1988) corresponding to respective hazard classes
• An expanded 16-section standard format for Safety Data Sheets, which has changed from Material Safety Data Sheets under WHMIS 1988

While WHMIS 2015|GHS provides an internationally consistent approach, the key responsibilities of suppliers, employers, and workers are the same as under the older version.
 

The Global Harmonized System (GHS) for Classification and Labelling of Chemicals is an international system to standardize chemical hazard classification and communication globally.

In a growing global economy, Canadian workers are increasingly exposed to hazardous chemicals in products produced in other countries. The GHS system will enhance workplace safety by ensuring consistency in labeling and safety information worldwide. Canada has implemented GHS in three phases, with the transition completed on December 1, 2018. GHS is not replacing WHMIS; instead, Canada is incorporating it into the WHMIS 2015 system.

This is resulting in new standardized:

• Classification criteria
• Label requirements
• Safety Data Sheet (SDS) requirements, formerly known as Material Safety Data Sheet (MSDS)
   

The transition period to move from WHMIS 1988 to WHMIS 2015 (with GHS) was from February 2015 to December 1, 2018. After the 2018 deadline, new GHS labels and Safety Data Sheets (SDS) have become standardized.

Under WHMIS 2015|GHS, employers must:

• Educate and train their workers on the hazards and safe use of products
• Ensure that hazardous products are properly labeled
• Prepare workplace labels and Safety Data Sheets (SDS) as necessary
• Provide access for workers to up-to-date SDS
• Review the education and training provided to workers annually or whenever work conditions or hazard information changes
   

Act First Safety provides flexible WHMIS training that covers both the original WHMIS 1988 and WHMIS 2015|GHS. This training can be taken online at Act First Safety’s website or through our instructor-led training sessions at your workplace. Call for more information or check out our Calendar to book your training.

In Canada, workplaces that use hazardous products must have a WHMIS program. Employers must educate and train workers so they understand the associated hazards and learn to work safely with these products.

All workers who handle or have a chance to get exposed to hazardous products during their work activities must receive hazard information. This information should include details from the supplier and any additional information known to the employer about safe use, storage, handling, and disposal of the products concerned.

Our WHMIS education and training will addresses all workers who are potentially exposed to hazardous products during normal use, maintenance, or emergencies. This includes workers who handle, store or dispose of such products, along with those who supervise or manage such workers. Additionally, it covers workers involved in emergency responses.
 

The Workplace Hazardous Materials Information System (WHMIS) is enforced through a combination of federal and provincial legislation. The main purpose of the federal WHMIS legislation is to require the suppliers of hazardous materials used in the workplace to provide health and safety information about their products as a condition of sale.

The main purpose of the provincial WHMIS legislation is to require employers to obtain health and safety information about hazardous materials in the workplace and to pass this information on to workers.

Ontario’s WHMIS Legislation

There are two pieces of provincial legislation that enforce WHMIS in Ontario:

1. The Occupational Health and Safety Act, which requires employers in charge of workplaces where hazardous materials are used to obtain labels and material safety data sheets from their suppliers and to provide worker education programs.
2. The WHMIS Regulation, Ontario Regulation 644/88 (now R.R.O. 1990, Regulation 860), which came into effect on October 31, 1988. This regulation sets out in detail the employer duties regarding labels, material safety data sheets, and worker education.
    

WHMIS is enforced by each provincial government. In Ontario, WHMIS is enforced by the Ontario Ministry of Labour.

Workplace violence is defined in the Occupational Health and Safety Act (OHSA) as:

The exercise or attempted exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker; or a statement or behavior that it is reasonable for a worker to interpret as a threat to exercise physical force against that worker, in a workplace, that could cause physical injury to that worker.

This definition of workplace violence is broad enough to include acts that would constitute offenses under Canada’s Criminal Code.
 

Workplace harassment is defined in the Occupational Health and Safety Act (OHSA) as “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.”

These comments or conduct typically happen more than once. They could occur over a relatively short period of time (for example, during the course of one day) or over a longer period of time (weeks, months, or years).

Unwelcome words or actions that are offensive, embarrassing, humiliating, or demeaning to a worker or group of workers can constitute workplace harassment. It can also include behaviour that intimidates, isolates, or even discriminates against the targeted individual(s).

Workplace harassment often involves repeated words or actions, or a pattern of behaviours, against a worker or group of workers in the workplace that are unwelcome.

This broad definition of workplace harassment encompasses harassment prohibited under Ontario’s Human Rights Code, as well as what is often termed “psychological harassment” or “personal harassment”.
 

Under the Occupational Health and Safety Act (OHSA), sexual harassment is defined as:

Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity, or gender expression, where the person knows or reasonably should know that such comment or conduct is unwelcome.

Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant, or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome constitutes sexual harassment.
 

Workplace conflict, also known as organizational conflict, occurs when entities working together experience a state of discord due to the real or perceived opposition of needs, values, and interests. 
Interpersonal conflict arises when a person or group reaches a state of disunity and either frustrates or interferes with others’ efforts to achieve a goal and is in opposition to their needs, values, or interests.
 

Under the Occupational Health and Safety Act, an employer’s responsibilities include the following:

• Assess the risks of workplace violence occurring based on the nature of the workplace, type of work, or conditions of work;
• Prepare workplace violence and harassment policies;
• For workplaces with 6 or more employees: Put these policies into writing and post them where all employees can easily see and read them;
• Review these policies as needed or at least annually; and
• Implement a program that supports the policies (see FAQ 9 for program content details).
   

Every employer in Ontario must prepare and review at least annually a policy on workplace violence, as required by the Occupational Health and Safety Act (OHSA).

This policy is mandatory regardless of the size of the workplace or the number of workers.*

If six or more workers are regularly employed at a workplace, this policy must be in writing and posted in a conspicuous place in the workplace.*

If fewer than six workers are regularly employed at the workplace, the policy does not necessarily have to be written. However, a Ministry of Labour inspector may order the policy to be in writing.*

*Source of information: Ontario Ministry of Labour in reference to OHSA (section 32.0.1)
 

A workplace violence prevention policy should:

• Affirm an employer’s commitment to protecting workers from workplace violence; address violence from all possible sources (customers, clients, employers, supervisors, workers, strangers and domestic/intimate partners)
• Specify the roles and responsibilities of managers, supervisors, and workers in supporting the policy and program
• Implement procedures to protect workers during incidents of violence, de-escalate violence in progress, investigate violent occurrences or threats
• Be dated and signed by the highest level of management of the employer or at the workplace as appropriate (examples may include, but are not limited to: the President, Chief Executive Officer, senior human resources professional, or uppermost member of management at the workplace)
   

In Ontario, the Occupational Health and Safety Act (OHSA) requires employers to assess the risks of workplace violence and to put in place policies and programs regarding workplace violence and workplace harassment (including sexual harassment and sexual violence).

Assessing risk is the process of determining what the likelihood is of violence occurring in the workplace, and to what extent those occurrences would impact workers’ health and safety.

This includes assessing:

• The general physical environment – A survey of the physical environment and security measures at your workplace
• Risks specific to your workplace – Identifying any specific risk that exists in your workplace including direct contact with clients; handling cash; working alone or in small numbers; working with unstable or volatile people; working in a community‐based setting; mobile workplace; working in high crime areas; securing or protecting valuable goods; transporting people or goods
• Other contributing factors such as time of day (early morning, late evenings, etc.), workers working alone, geography (working in remote locations), and potential of violence from external sources (crime, civil unrest, etc.)

Risk assessment tools and checklists are available to download from the Ontario Ministry of Labour website.
 

The Occupational Health and Safety Act (OHSA) requires every employer to develop and maintain a program to implement their workplace violence policies. This program must:

• Implement measures and procedures to control the risks identified in the assessment required under subsection 32.0.3(1)
• Establish measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur
• Set up measures and procedures for workers to report incidents of workplace violence to the employer or supervisor
   

The workplace violence program may incorporate or reference existing programs, procedures, or protocols related to workplace violence. For example, there could be existing procedures for emergency situations, incident reporting, or personal safety.
 

In Ontario, all workers, as defined under the Occupational Health and Safety Act (OHSA), must be provided with information and instruction on the contents of the employer’s workplace violence and harassment prevention policy. This applies, but is not limited to, regular workers, new hires, contractual workers, casual workers, and temporary, part-time and/or student workers.

If there are substantial changes to the policy or programs, the employer must ensure that workers are informed of the changes and instruction must be provided. Workers must receive information and instruction in a manner and language that they would reasonably understand.

Supervisors and managers must be provided with additional information and instruction on how to recognize workplace violence and harassment, and how to handle a complaint of workplace violence or harassment.

Investigators, whether a manager, supervisor, human resource representative, or a person designated by the employer, must receive information and instruction on how to conduct an investigation appropriate in the circumstances, including not disclosing information unless it is necessary to conduct the investigation, and to take corrective action or otherwise as required by law.

Joint health and safety committee or health and safety representatives (if any) must receive information and instruction on the employer’s workplace violence and harassment prevention program including how to help a worker report an incident of workplace violence or harassment, and what resources are available to a worker who has allegedly experienced violence or harassment.
 

In Ontario, legislation covering workplace violence and harassment includes:

• Occupational Health and Safety Act (OHSA)
• Bill 168, Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009
• Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016
• Ontario Human Rights Code
• Canada Criminal Code
   

Most companies in Ontario with 20 or more employees are required to have a Joint Health and Safety Committee (JHSC) that complies with the Occupational Health and Safety Act (OHSA). The purpose of a Joint Health and Safety Committee (JHSC) is to identify potential health and safety issues related to the workplace and bring these to the attention of the employer. To be effective, at least 2 JHSC members (i.e. 1 worker and 1 management representative) must take special training and be certified in health and safety.

A JHSC is responsible for the following:

• Identifying actual and potential hazards in the workplace;
• Obtaining information from the employer relating to health and safety in the workplace;
• Inspecting the workplace on a regular basis;
• Being consulted about and having a member representing workers be present at the beginning of any health and safety-related testing in the workplace; and
• Recommending health and safety improvements in the workplace.
   

In workplaces, including construction zones, where the number of workers regularly exceeds five, and at which no joint health and safety committee is required, employers or builders must ensure that workers select a Health and Safety Representative. This representative should be committed to improving health and safety conditions in the workplace.

The Health and Safety Representative is selected by workers at the workplace who do not exercise managerial functions or by the union where the workplace is unionized. At the present time, the Act does not require the representative to be specifically trained for this role.
 

In Ontario, a Joint Health and Safety Committee must be established as per the following rules:

No. of Workers: 1-5
Legislative requirement: You are not required to have a JHSC or a health and safety representative unless a designated regulation applies to the specifics of your workplace.

No. of Workers: 6-19
Legislative requirement: You are required to have one health and safety representative who is selected by the workers they represent. If a Designated Substance Regulation applies to your workplace, you are required to have a JHSC.

No. of Workers: 20-49
Legislative requirement: You are required to have a JHSC. The committee must have at least two (2) members – one of these to represent the workers, and the other to represent management. Unless otherwise prescribed by Designated Substance Regulation, the Act requires that at least two members of the committee (one representing workers and one representing persons who exercise managerial functions) be certified.

No. of Workers: 50 Plus
Legislative requirement: You are required to have a JHSC. The committee must have at least four (4) members– two of these to represent the workers, and the other two to represent management.

Unless otherwise prescribed by Designated Substance Regulation, the Act requires that at least two members of the committee (one representing workers and one representing persons who exercise managerial functions) be certified.

Workplaces that require committees include:

• Any workplace that regularly employs 20 or more workers. Note that workers taking part in community participation (workfare) under the Ontario Works Act, 1997, are not counted for the purpose of determining whether there are 20 or more workers regularly employed
• Construction projects in which 20 or more workers are regularly employed and expected to last three months or more
• A company workplace (other than specified construction projects) to which a designated substances regulation applies, even if there are fewer than 20 workers regularly employed in the workplace
• Any workplace where a Director’s order has been issued under Section 33 of the Act, even if there are fewer than 20 workers regularly employed in the workplace
• Any workplace or construction project in respect of which the Minister of Labour has ordered the employer or constructor to establish a committee
• Farming operations in which 20 or more workers are regularly employed and have duties related to mushroom, greenhouse, dairy, hog, cattle, or poultry farming
   

This refers to Ontario Regulation 490/09 Designated Substances under the Occupational Health and Safety Act.

The following chemical agents are prescribed as Designated Substances under Ontario Regulation 490/09: Acrylonitrile, arsenic, asbestos, benzene, coke oven emissions, ethylene oxide, isocyanates, lead, mercury, silica, and vinyl chloride.
 

Employers have the following responsibilities regarding a workplace JHSC:

• Establish and maintain a JHSC at a workplace where one is required (see JHSC requirement FAQ to determine if a JHSC is required)
• Select committee members who exercise managerial functions for the employer to sit on the JHSC
• Assist committee members in the carrying out of their duties
• Provide the JHSC with information relating to hazards in the workplace and any work practices and standards in similar industries
• Provide the JHSC with a copy of all orders or reports issued to the employer by a Ministry of Labour inspector
• Inform the committee of any work-related incidents involving injury, death, or occupational illness
• Consult with JHSC members about the development of health and safety programs and policies, as well as training requirements
• Provide a JHSC member representing the workers with the opportunity to accompany a Ministry of Labour inspector during the physical inspection of the workplace
   

In workplaces in which 20 to 49 workers are regularly employed, the Occupational Health and Safety Act (OHSA) requires the Joint Health and Safety Committee (JHSC) to have a minimum of two (2) members.

Where there are 50 or more workers regularly employed, the JHSC must have at least four (4) members or any other number prescribed by the Ontario Health and Safety Act. At least half the members must be workers who do not exercise managerial functions. The employer or builder is required to select the remaining members from persons who exercise managerial functions for the employer/builder.

The Ministry recommends that Joint Health and Safety Committees be representative of the entire workplace. For example, if a workplace has a plant, office, laboratory, and warehouse, the committee should include representatives from each of these areas.

Unless otherwise prescribed by regulation, the Act requires that at least two members of the committee (one representing workers and one representing persons who exercise managerial functions) be certified.
 

A multi-workplace JHSC is a single Joint Health and Safety Committee, established and maintained for more than one workplace, each of which would normally require its own committee.

Multi-workplace JHSCs must be approved by the Minister of Labour or his/her delegate and may have to operate under different practices or procedures than the usual requirements specified in the Occupational Health and Safety Act.
 

The Occupational Health and Safety Act requires at least two members of a JHSC to be certified by the Ministry of Labour after completing Part 1 and Part 2 of the JHSC Certification Training. One of these members must represent the workers, and one must represent the management for the employer.

Part 1 – Basic Training – a minimum of 3 days (19.5 hours)
Provides a general knowledge of health and safety that applies to all workplaces.
Participants must pass an exam with the Ministry of Labour following Part 1
training.

Part 2 – Hazard Specific Training – a minimum of 2 days (13 hours)
Covers significant hazards in the workplace. For the purposes of this training,
employers are required to select a minimum of 6 applicable workplace hazards.
There is no Ministry of Labour exam at the end of Part 2 training.

In order to be certified, participants must complete both Part 1 and Part 2. Part 2 must be completed within six (6) months of Part 1.

Although it is not required that all members of the JHSC have health and safety training, it may be beneficial to have more individuals than required complete the JHSC Certification Training.

For more information, visit our JHSC Training page or view our Calendar for upcoming dates. 
 

JHSC members trained under the Ontario standards are required to take Refresher Training within three years of becoming certified, and every three years thereafter to maintain their certification.

Refresher Training:
1 day (6.5 hours) - Topics include review of key concepts from Part 1 and Part 2 JHSC training, updates to legislation, standards, codes of practice, and occupational health and safety best practices; and an opportunity for certified members to share and discuss best practices.
 

For more information, visit our JHSC Training page or view our Calendar for upcoming dates. 

In Ontario, legislation covering joint Health and Safety Committees is in the Occupational Health and Safety Act (OHSA).