FAQ - Frequently Asked Questions -

FAQ – Frequently Asked Questions

Working at Heights / Fall Protection Training
Frequently Asked Questions (FAQ)

1) Who must attend working at heights training in Ontario?

Workers whose employment activities are within the scope of Ontario’s Construction Projects Regulation (O. Reg. 213/91) must successfully complete an Ontario Ministry of Labour-approved working at heights training program. Upon completion, learners receive a 3-year certificate of training from the Ministry of Labour that qualifies them to work at heights on construction projects.

2) What is the difference between an Ontario Ministry of Labour-approved working at heights training program for construction project workers and other fall protection training for non-construction workers?

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.

The training requirement is 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 requirement is in the Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13), and is in addition to 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 CPO-approved working at heights training if they work at workplaces not covered by the Construction Projects Regulation

Ontario’s Occupational Health and Safety Act (OSHA) requires these workers to complete appropriate fall protection training to minimize their risk of injury due to a fall

3) If I’ve had previous working at heights or fall protection training, do I need to be retrained?

Construction project workers who completed working at heights or fall protection training prior to April 2015 have a 2.5-year transition period to update their training.

Prior to Oct.1, 2017 workers in this circumstance must complete an Ontario Ministry of Labour-approved working at heights program. After that date, certificates for their earlier training will no longer be valid.

Previous Training since April, 2015: If you’ve completed working at heights training since 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.

Workplace Hazardous Materials Information System (WHMIS) Frequently Asked Questions (FAQ)

1) What is WHMIS?

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 passes the information on to the worker and provides education programs.

2) There are currently two WHMIS systems – WHMIS 1988 and WHMIS 2015 (under GHS). What is the difference between these systems?

WHMIS 2015 builds on WHMIS 1988 by incorporating elements from the internationally recognized Global Harmonized System (GHS), and establishes new rules for classifying and labelling of 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 (WHMIS 1988) that correspond to 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 under WHMIS 2015.

3) What is GHS?

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

With a growing global economy, hazardous chemicals in products produced in other countries are increasingly exposing Canadian workers. The GHS system will enhance workplace safety by ensuring consistency in labeling and safety information worldwide. Canada is implementing GHS in three phases, with the transition set to be completed by 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).

4) Is there a process and time frame to transition from WHMIS 1988 to WHMIS 2015|GHS?

The transition period to move from WHMIS 1988 to WHMIS 2015 (with GHS) is from Feb, 2015 to Dec 1, 2018. As time gets closer to the 2018 deadline, employers will see an increasing number of the new GHS labels and Safety Data Sheets (SDS) entering their workplaces.

During the transition period (to Dec 1, 2018), employers may continue to have WHMIS 1988 labels and Material Safety Data Sheets (MSDS) in their workplace. If so, they must also continue to educate workers about WHMIS 1988.

5) Have employer’s duties and responsibilities changed under WHMIS 2015 and GHS?

Under WHMIS 2015|GHS, employers must continue to:

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.

6) During the transition period (to Dec 1, 2018) are workers required to be trained in both WHMIS 1988 and WHMIS 2015?

Response provided by Ontario Ministry of Labour for businesses operating in Ontario:

Yes. During the transition period until December 1, 2018, workers in Ontario must receive training in both WHMIS 1988 and WHMIS 2015.

Employers must train workers on controlled products that still use WHMIS 1988 labels and Material Safety Data Sheets, as well as on hazardous products with WHMIS 2015|GHS labels and Safety Data Sheets upon their entry into the workplace.

Training should align with whether the product is new to the workplace or newly classified as hazardous. If workers already know how to safely use a product under WHMIS 1988, they can continue to do so.

However, if the same product is now labeled under WHMIS 2015|GHS, employers must promptly provide training on the updated labels and safety data sheets.

Similarly, for new hazardous products introduced under WHMIS 2015|GHS, workers cannot use them until trained on the new labels, safety data sheets, and safe handling procedures.

7) How can employers ensure their workers are safe from hazardous materials labelled under either the WHMIS 1988 or WHMIS 2015 (under GHS) systems during the transition period (up to Dec 1, 2018)?

Identify if you have the correct labels, Material Safety Data Sheets (MSDS), and safety precautions in place for products labeled under the WHMIS 1988 regulations. You can do this by reviewing your current WHMIS practices and policies.
Consider implementing a blended MSDS/SDS Management System to ensure your employees have up-to-date training and accurate information about hazardous materials labeled under either system.
Review your WHMIS training program once a year or when workplace conditions change, such as when new types of hazardous materials or GHS labeling enter your workplace. Update your workplace procedures and policies if necessary to ensure workers are safe when handling, storing, transporting, or disposing of products that contain dangerous materials.
Stay informed about WHMIS 2015|GHS and new information about hazardous materials.

8) What WHMIS training options are available?

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 instructor-led training session at your workplace. Call for more information or to book your training.

9) Who should receive WHMIS education and training?

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

All workers who handle or has 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.

For instance, this education and training will encompass all workers potentially exposed to hazardous products during normal use, maintenance, or emergencies. It also involves 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 response.

10) What legislation covers the Workplace Hazardous Materials Information System (WHMIS) in Canada and Ontario?

WHMIS legislation was originally implemented in 1988. WHMIS 2015|GHS, includes the amended Hazardous Products Act (HPA) and Hazardous Products Regulations (HPR). Both the HPA and HPR are currently in force.

The Workplace Hazardous Materials Information System (WHMIS) is implemented by 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 implement WHMIS in Ontario:

1. The Occupational Health and Safety Act, which places duties on 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 respecting labels, material safety data sheets and worker education.

How is WHMIS enforced in Ontario?

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

Workplace Violence Prevention
Frequently Asked Questions (FAQ)

1) What is workplace violence?

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 behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

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

2) What is workplace harassment?

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.”

The 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 behaviors, 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”

3) What is sexual 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.

4) What is workplace conflict?

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.

5) What are an employer’s responsibilities with regard to workplace violence / harassment, and sexual violence / harassment?

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);

6) Do employers need a workplace violence prevention policy?

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 required 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)

7) What should be included in a workplace violence prevention policy?

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;

procedures to protect workers during incidence of violence, to de-escalate violence in progress, and to conduct an investigation into violent occurrences or threats; and

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).

8) What does it mean to assess the potential risk to workers from violence?

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 level 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; and

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), 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.

9) What should a workplace violence prevention program include?

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

Implement measures and procedures to control the risks identified in the assessment required under subsection 32.0.3(1), which are likely to expose a worker to physical injury.
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.

10) What training is required for managers, supervisors and workers with regard to workplace violence and harassment prevention?

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 and programs including, but not limited to, regular workers, new hires, contract, casual, temporary, part-time and 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, take corrective action or otherwise 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.

11) What legislation covers workplace violence and harassment, and sexual violence and 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

Joint Health and Safety Committee (JHSC)
Frequently Asked Questions (FAQ)

1. What is a Joint Health and Safety Committee (JHSC)?

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 their 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.

2. What are the responsibilities of a Joint Health and Safety Committee (JHSC)?

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.

3. What Is a Health and Safety Representative?

In workplaces, including construction projects, at which the number of workers regularly exceeds five, and at which no joint health and safety committee is required, employers or constructors 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.

4. How does an Employer know if a Joint Health and Safety Committee (JHSC) is required?

In Ontario, a Joint Health and Safety Committee must be established and maintained as follows:

No. of Workers

1-5

Legislative requirement

You are not required to have a JHSC or a health and safety representative unless a designated substance regulation applies to your workplace (hyperlink to FAQ 5 –Designated Substance Regulation)

6-19

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 (hyperlink to FAQ 5 –Designated Substance Regulation).

20-49

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 in 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.

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.

50 Plus

Unless otherwise prescribed in 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 on 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 (hyperlink to FAQ 5 –Designated Substance Regulation), 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 at which 20 or more workers are regularly employed and have duties related to mushroom, greenhouse, dairy, hog, cattle or poultry farming.

5. What is the ‘Designated Substance Regulation’ and what substances does it cover?

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.

6. What is an Employer’s responsibilities for a Joint Health and Safety Committee ( JHSC)?

Employers have the following responsibilities with regard to a workplace JHSC:

Establish and maintain a JHSC at a workplace where one is required (see FAQ 4 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; and

Provide a JHSC member representing the workers with the opportunity to accompany a Ministry of Labour inspector on the physical inspection of the workplace.

7. How many Members must a Joint Health and Safety Committee have?

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 in the Ontario Health and Safety Act. At least half the members must be workers employed at the workplace who do not exercise managerial functions. The employer or constructor is required to select the remaining members from persons who exercise managerial functions for the employer/constructor.

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.

8. What is a multi-workplace Joint Health and Safety Committee (JHSC)?

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 JHSC’s 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.

9. Do Joint Health and Safety Committee Members require special training or certification?

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 represents 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.

10. Is Refresher Training required for Joint Health and Safety Committee members?

Effective March 1, 2016, JHSC members trained under the Ontario standards will be 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.

11. What legislation covers Joint Health and Safety Committees in Ontario?

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

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