Harmonization of Head Protection Requirements under the Occupational Health and Safety Act
Reg. 851 - Industrial Establishments
O. Reg. 714/94 - Fire Fighters - Protective Equipment
O. Reg. 67/93 - Health Care and Residential Facilities
O. Reg. 213/91 - Construction Projects
Reg. 854 - Mines and Mining Plants
Reg. 855 - Oil and Gas - Offshore
Regulation - LGIC
Bill or Act:
Occupational Health and Safety Act
Summary of Proposal:
The Ministry of Labour, Training and Skills Development is proposing to harmonize head protection requirements across all workplaces that fall under the Occupational Health and Safety Act.
The proposal is to move to a performance-based approach, and could encompass a wide range of protective headwear, including hard hats, motorcycle helmets, rope access helmets, or structural fire fighting helmets, depending on the hazard and the activity.
In every situation in which there is a hazard of head injury, the protective headgear chosen would need to be appropriate to protect the worker. Where there is no hazard of head injury, such as in an office or in the cab of a vehicle, there would be no requirement to wear head protection in that location. The proposal would also allow workplaces the flexibility to consider other ways to address head injury hazards, for instance by eliminating the hazard or controlling it by using engineering or administrative means.
The Ministry would publish a guideline or an approved code of practice to accompany the proposed amendments to provide detailed information to help employers meet their obligations with respect to head protection.
Analysis of Regulatory Impact:
All ministries are subject to requirements set out in the Modernizing Ontario for People and Businesses Act, 2020 (MOPBA), which came into force January 1, 2021. As part of its obligations under the MOPBA, the Ministry of Labour, Training and Skills Development will conduct a Regulatory Impact Analysis (RIA) of these proposed amendments. A regulatory impact assessment is a process of identifying and assessing the incremental benefits and costs of regulations and non-regulatory alternatives.
The Ministry is interested in whether this proposal would increase, decrease or have no effect on the amount of money that your workplace spends on protective headwear.
July 9, 2021
Comments Due Date:
September 10, 2021
Head Protection Harmonization
Health, Safety and Insurance Policy Branch
Ministry of Labour, Training and Skills Development
400 University Avenue, 14th Floor
Toronto ON M7A 1T7