Ministry of Labour Proposes to Mandate Construction Hazard Awareness Training
O. Reg. 297/13
Bill or Act:
Occupational Health and Safety Act
Summary of Proposal:
The Ministry of Labour is proposing amendments to the Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13) under the Occupational Health and Safety Act. The amendments, if approved, would apply to employers who engage in "construction" as defined under the Act.
The proposed amendments would require employers to ensure that workers performing work to which the Construction Projects Regulation (O. Reg. 213/91) applies complete a construction hazard awareness training program. Employers could meet the training requirement in one of two ways, by ensuring that their workers:
Approach 1: Successfully complete a training program approved as meeting the criteria of a construction health and safety awareness training program and provider standard established by the ministry's Chief Prevention Officer (CPO). Workers described under paragraphs 2 and 3 of the OHSA definition of "worker" (i.e., certain students and other individuals who work for no monetary payment) and apprentices who work pursuant to a training agreement registered under the Ontario College of Trades and Apprenticeship Act, 2009 must take a CPO-approved training program;
Approach 2: Complete a training program developed by their employer, in consultation with the joint health and safety committee (JHSC), based on the learning outcomes set out in the regulation. This approach would only be available to an employer who is required to have a JHSC under clause 9(2)(a) of the OHSA (i.e., at a workplace where 20 or more workers are regularly employed). In addition, workers described under paragraphs 2 and 3 of the OHSA definition of "worker" and apprentices would not be eligible for training under this approach.
The proposal includes a two-year transition period to give employers time to ensure that existing workers have completed the training before the proposed amendments come into force.
This proposal supports the ministry's Construction Health and Safety Action Plan that seeks to decrease the number of injuries, illnesses and fatalities on construction projects. The ministry's proposal seeks to improve worker awareness of common hazards on construction projects and provide a general understanding of how those hazards may be eliminated or controlled.
The ministry is seeking public and stakeholder feedback on:
1. The ministry's consultation proposal;
2. A draft Construction Health and Safety Awareness Training Program Standard that would set out requirements that a training program under Approach 1 must meet to be approved by the CPO; and,
3. A draft Construction Health and Safety Awareness Training Provider Standard that would set out requirements for training providers who will seek to be approved by the CPO to deliver an approved construction health and safety awareness training program.
Copies of the ministry's consultation proposal and the draft standards are provided below. The ministry is accepting comments until Friday, August 12, 2016. Submissions received during the consultation period will be considered in the final preparation of the proposed amendments and the final training program and provider standards.
May 11, 2016
Comments Due Date:
August 12, 2016
Ministry of Labour
Construction Hazard Awareness Training Regulatory Consultation
400 University Avenue, 12th floor