Ontario Government Announces Consultations Related to Occupational Health and Safety Regulations
By: Dean Taylor
Ontario’s Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has announced two consultations on proposed changes to the Occupational Health and Safety Act (OHSA) and Regulations related to two occupational health and safety issues: protecting workers from heat stress and heat-related illnesses and poor outdoor air quality and workplace health and safety. The MLITSD is seeking feedback on proposed amendments and possible additional regulations under the OHSA.
Protecting Workers from Heat Stress and Heat-Related Illnesses
Currently under the OHSA, employers have a general duty to take every precaution reasonable in the circumstances for the protection of a worker. This general duty includes protecting workers from hazardous thermal conditions that may lead to heat-related illnesses. Similar to other Canadian jurisdictions, as a general practice the MLITSD assesses a worker’s risk of heat stress based on the American Conference of Governmental Industrial Hygienists’ (ACGIH) method. The proposed changes would introduce a stand-alone heat stress regulation with specific requirements applicable to all workplaces in the province subject to the OHSA. The regulation would:
Other employer requirements in the proposed regulations include:
Poor Outdoor Air Quality and Workplace Health and Safety
The OHSA and its Regulations do not specifically address poor outdoor air quality. Employers have a general duty to take every precaution reasonable to protect employees, including hazards associated with poor air quality. The consultation is seeking feedback on whether poor air quality is an issue for Ontario workplaces, and whether the OHSA and Regulations should be amended.
Feedback is requested on the following questions:
1. Does the nature of your work or workplace require workers to work outdoors during periods of poor outdoor air quality?
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2. If yes,
(i) Does this have an impact on your workers’ ability to perform their duties and functions? How?
(ii) What control measures and procedures are you currently implementing to protect your workers?
3. How can the government support your workplace or workers during times of poor outdoor air quality?
Interested stakeholders are invited to provide comments related to Protecting Workers from Heat Stress and Poor Outdoor Air Quality by September 18, 2023.
If you have any questions or require further information about the proposed changes, please reach out to your regular Hicks Morley lawyer.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©
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1yThank you Hicks Morley for sharing this latest development in proposed workplace safety and health measures for Ontario. Outdoor air pollution issues have been more prominent lately, and this update is a good reminder to all employers that they should monitor potential exposure to help prevent illness in their workplace.