Regulation - LGIC

Working At Heights Training Exemption for Automobile Manufacturing Plant Employers

Regulation Number(s):
O. Reg. 297/13
Bill or Act:
Occupational Health and Safety Act
Summary of Proposal:
The Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13) under the Occupational Health and Safety Act requires employers to ensure that workers on construction projects successfully complete an approved working at heights training (WAH) program if they may use specified methods of fall protection (s. 6-10). The program must be delivered by a training provider approved by the Chief Prevention Officer.

The auto manufacturing industry has informed the ministry that the WAH training standard came at a point where companies had already put in place programs to train workers on working at heights, and these programs had to be re-adjusted to meet the WAH published standard.

The Ontario government is reinforcing its commitment to the auto sector, by working together with the industry to restore Ontario's competitiveness and ensure that the auto sector continues to grow, thrive and invest in Ontario.

This proposal would create an exemption for automobile manufacturing plant employers from the current WAH training requirements for workers they employ at construction projects located at automobile manufacturing plants. Impacted employers would still be required to ensure that a worker who may use a fall protection system is adequately trained in its use and given adequate oral and written instructions by a competent person (ss. 26.2(1), O. Reg. 213/91).

The ministry is seeking your feedback on these proposed changes and the assessment of the impact of the changes outlined in the Regulatory Impact Analysis. Your feedback will be considered during the development of possible amendments.

Personal information collected during this consultation is under the authority of Section 70 of the Occupational Health and Safety Act and is in compliance with section 38 (2) of the Freedom of Information and Protection of Privacy Act.

If you have any questions regarding freedom of information or privacy matters, you may contact the Ministry's Freedom of Information and Privacy Office at 416-326-7786.
Analysis of Regulatory Impact:
This proposal would reduce the regulatory burden associated with implementing the WAH training requirements for the impacted industry stakeholders.

It is estimated that there are approximately 200 businesses in Ontario involved in automobile manufacturing, of which approximately 20 are medium and large-sized workplaces. According to the industry the medium and large establishments elected to implement the standardized WAH training program by providing the training to their employees who work on construction projects. Based on analysis from the industry, the implementation of the WAH training standard cost approximately $2.5M and 23,000 hours, with an ongoing cost of approximately $272,000 and 1,400 hours every three years. These costs were incurred in addition to what the auto industry had already expended on the development of working at heights training programs prior to the existence of the ministry approved WAH training standard.

Accordingly, this proposal would alleviate the regulatory burden associated with providing the ongoing WAH refresher training to existing workers, and costs associated with providing the initial and refresher training to new workers, for those automobile manufacturers who administered the training for their workers. The remaining automobile manufacturing employers who did not provide the training to workers who work on construction projects, would be saved the administrative burden of ensuring that a worker has valid WAH training certification.
Further Information:
Proposal Number:
19-MOL010
Posting Date:
March 26, 2019
Comments Due Date:
April 16, 2019
Contact Address:
Working At Heights Training Exemption for Automobile Manufacturing Plant Employers
Health and Safety Policy Branch
Ministry of Labour
400 University Avenue, 12th Floor
Toronto ON M7A 1T7