FAQs: New Regulatory Requirements for Mandatory Worker and Supervisor Awareness Training

FAQs on Ministry of Labour website
 

When will the new occupational health and safety awareness training become mandatory?

The basic awareness training program requirements will come into force on July 1, 2014, to allow time to prepare and come into compliance with these provisions.

Why is the government making this training mandatory?

Improved health and safety for Ontario’s workforce is the goal. The training implements two key recommendations from the Expert Advisory Panel final report: that there be mandatory basic occupational health and safety awareness training for workers and supervisors. The Expert Advisory Panel reviewed the province’s occupational health and safety system.

Will all workers need to complete a basic occupational health and safety awareness training program?

Yes, employers will have to ensure everyone defined as a ‘worker’ under the Occupational Health and Safety Act (OHSA) completes a basic awareness training program.

Will all supervisors need to complete a basic awareness program?

Yes, employers will have to ensure everyone defined as a ‘supervisor’ under the Occupational Health and Safety Act (OHSA) has completed a basic awareness training program.

After July 1, 2014, when will the awareness training programs need to be completed?

After July 1, 2014, employers will need to ensure workers complete the training as soon as practicable. For supervisors, the training will have to be completed within one week of performing work as a supervisor.

Will the requirements apply to all workplaces at the same time, or will they be “phased-in” by sector or size of workplace?

The requirements will apply to all workplaces covered under the Occupational Health and Safety Act (OHSA) at the same time, regardless of workplace size or sector.

What information needs to be included in the worker basic awareness training program?

Based on the recommendation of the Expert Advisory Panel, the minimum content of the worker training program set out in the regulation includes instruction on:

• The duties and rights of workers under the Occupational Health and Safety Act (OHSA)
• The duties of employers and supervisors under OHSA
• The roles of health and safety representatives and joint health and safety committees under OHSA
• The roles of the Ministry of Labour, the Workplace Safety and Insurance Board (WSIB) and health and safety system partners (entities designed under section 22.5 of the OHSA)
• Common workplace hazards
• The requirements set out in Regulation 860 (Workplace Hazardous Materials Information System) with respect to information and instruction on controlled products
• Occupational illness, including latency

What are “common workplace hazards”? Are they general hazards or workplace specific?

Common workplace hazards include:

• Slipping, tripping or falling,
• Working near motorized vehicles,
• Using or working near machinery,
• Workplace violence, and
• Repeating the same movements over and over, especially if you are in an awkward position or use a lot of force.

What information needs to be included in a supervisor basic awareness training program?

Based on the recommendation of the Expert Advisory Panel, the minimum content of the supervisor awareness training program set out in the regulation includes instruction on:

1. The duties and rights of workers under Occupational Health and Safety Act (OHSA)
2. The duties of employers and supervisors under OHSA
3. The roles of health and safety representatives and joint health and safety committees under OHSA
4. The roles of the Ministry of Labour, the Workplace Safety and Insurance Board (WSIB) and health and safety system partners (entities designed under section 22.5 of the OHSA)
5. How to recognize, assess and control workplace hazards, and evaluate those hazards
6. Sources of information on occupational health and safety. What are “common workplace hazards”? Are they general hazards or workplace specific?

Are free training materials available from the Ministry of Labour?

Yes, the MOL has developed products, such as printed workbooks and e-learning modules, which are available at no cost and can be used to comply with the new requirements.

When and how will MOL’s products to support compliance be publicly available?

The worker and supervisor workbooks, and accompanying employer guides, are currently available free of charge, through ServiceOntario or the MOL website. They are available in English, French, Traditional Chinese, Simplified Chinese, Hindi, Punjabi, Portuguese, Spanish, and Urdu. E-learning modules are also be available in English and French and will be available in multiple languages by spring 2014.

Do employers have to hire training providers to deliver this training?

There is no requirement in the regulation for employers to hire private training providers to deliver basic occupational health and safety awareness training programs.

Approximately how long will the training take?

The Ministry’s basic awareness training is designed to be delivered in approximately one hour.

Will employers need to keep records of completion of training?

Yes, employers will be required to keep records that a worker or supervisor has completed an awareness training program.

Will employers need to submit records to the Ministry of Labour?

No, employers will not be required to submit records of completion of training to the Ministry of Labour, only to retain these records.

Will workers and supervisors have to retake the awareness training programs if they change employers?

No, the regulation does not require workers and supervisors to retake awareness training programs if they change employers.

If a worker or supervisor has already completed a program that is comparable to the awareness training requirements, will he or she have to “re-take” the training?

Workers and supervisors who have completed an awareness training program that covers the minimum content requirements set out in the regulation before the regulation comes into force will not be required to “re-take” the training.

Do the new requirements apply to workers and supervisors on construction projects and farms?

Yes, the requirements apply to all workplaces currently covered under the Occupational Health and Safety Act (OHSA), regardless of sector.

Were stakeholders consulted on the regulation?

The regulatory proposal was subject to public consultation from December 6, 2012 until February 4, 2013.

Were stakeholders, including small businesses and vulnerable workers, involved in the development of these products?

Yes, stakeholders were consulted on all of the MOL products.

• MOL conducted consultations and pilots for the workbooks and the e-learning modules which involved both small and large workplaces.
• Over 60 representatives, workers and employers, from small businesses participated in the beta testing for the e-learning module, including migrant workers in the farming sector.
• The ministry’s task groups for small business and vulnerable workers were also engaged during the development of these products.

Do stakeholders have to use the MOL products to comply with the new regulatory requirements?

No. While the MOL products, which are free, can be used by workplace parties to comply with the new requirements, using them is not mandatory.

Is the MOL going to develop additional resources for employers?

Yes, MOL intends to develop additional employer resources and materials to assist with compliance, including:

• A guideline explaining the regulatory requirements;
• Assessment tools to help employers determine if existing training programs already cover the content prescribed in the regulation;
• Sample record keeping documents; and
• Resources to help employers verify that prior training workers and supervisors may have received meets the requirements.

Can the MOL products be used by small businesses which do not have a computer in the workplace?

Yes. The workbooks and employer guides, which cover the same content as the e-learning modules, can be obtained through ServiceOntario at no cost.

Isn’t this a burden on business?

While there will be costs associated with these new requirements it is anticipated these will be moderate, one-time costs. The MOL has taken steps to help mitigate the costs to employers, particularly small businesses, by developing products and resources to help employers comply with the new requirements, which are available at no cost.

Why can’t you save your progress on the e-learning module?

The modules were designed to be completed in one sitting. This decision was made because the Ministry doesn’t have the authority to collect personal or identifiable information that would be required for saving a session, and also for purposes of confidentiality and security.

How do you get the certificate when using the printed booklet?

The certificate is only available to those who have successfully completed the occupational health and safety awareness eLearning training for workers or supervisors. Those who choose to use the printed Worker Health and Safety Awareness in 4 Steps, or Supervisor Health and Safety Awareness in 5 Steps workbooks have the ability to sign their completed workbook, and in this case the signed workbook would act as a record of their training. Retention of training records for the awareness training is the responsibility of the employer.

How are you making business aware of the new training requirement?

We’re reaching out through print and electronic media, as well as meetings and communications with business stakeholders, such as Business Improvement Areas, and small business and retail associations. We’re also utilizing the Ministry’s Task Groups for Small Business and Vulnerable Workers, and working with our health and safety system partners including Ontario’s 4 Health and Safety Associations (HSAs). Ministry health and safety inspectors will also be able to discuss the new requirements with small business stakeholders in the course of their regular enforcement activity.

How did you pick the languages used in the training materials?

After consultation with various stakeholder groups and government agencies the decision was made to make the occupational health and safety awareness training materials available in multiple languages. The languages used reflect current trends in the working population of Ontario.

The poster is available in: English, French, Arabic, Traditional Chinese, Simplified Chinese, Hindi, Italian, Korean, Igbo, Oji-Cree, Polish, Portuguese, Punjabi, Russian, Spanish, Tagalog, Tamil, Urdu, Vietnamese and in Braille.

The Worker Health and Safety Awareness in 4 Steps and Supervisor Health and Safety Awareness in 5 Steps workbooks and associated employer guides are available in English, French, Traditional Chinese, Simplified Chinese, Hindi, Punjabi, Portuguese, Spanish, and Urdu on the Ministry’s website, and in print in English and French at ServiceOntario. The workbooks and employer guides will be available in the seven additional languages at ServiceOntario shortly. The eLearning modules, available now in English and French, will be available in the seven additional languages in the Spring of 2014.