Prompt Payment Legislation - Electrical Contractors Association of ...

any other matters specified by the Ministerof Labour.The Dean Panel Report contained a recommendationthat the Council should becharged with creating a multi-year socialawareness strategy directed at reducing publictolerance of workplace injuries, illnesses andfatalities. Under the Bill 160 amendments,that duty rests with the Minister of Labour.However, the Minister is empowered todelegate the power to an employee of theMinistry such as the Chief PreventionOfficer who can, in turn, seek advice fromthe Council. We anticipate that the Minister,the Chief Prevention Officer, and the PreventionCouncil will largely form the directionof future health and safety strategy in theprovince of Ontario.2. SHIFTING PREVENTIONMANDATE TO MINISTRY OFLABOURBill 160 added provisions to the OHSAspecifying that the Minister of Labour willnow be responsible for preventing workrelatedinjuries and illnesses. These provisionswill become law no later than April 2012.This is currently creating some confusionfor stakeholders, as the transfer of authorityand programs is starting to take place but theprovisions await proclamation. The Ministerwill have express powers to:• as noted above, promote public awarenessof occupational health and safety;• educate employers and others aboutoccupational health and safety;• foster commitment to occupational healthand safety among employers, workers andothers; and• make grants to support occupationalhealth and safety, which would includefunding research.Part 2 of the WSIA, the provisions relatedto Injury and Disease Prevention, have beenrepealed. Those functions are to be transferredto the Minister of Labour, who willnow have the power to create “DesignatedEntities”, which will include safe workplaceassociations, training centres, or medicalclinics specializing in occupational healthand safety. In short, the Minister of Labourand not the WSIB now sets the standards forthese organizations. All existing safe workplaceassociations, clinics and training centresare expected to be retained.3. MANDATORY TRAINING FORWORKERS AND HEALTH ANDSAFETY REPRESENTATIVES(a) Setting of Training Standards and RecommendedNew Worker, Supervisor FallProtection TrainingThe Bill 160 amendments permit the Ministerof Labour to establish standards for trainingprograms, and to approve programs thatmeet those standards. They also empower theMinister to collect information regarding aworker’s completion of an approved trainingprogram, and permits the Minister,with a worker’s consent, to disclose suchinformation to anyone – including current orpotential employers. In short, the MOL maybecome a repository for information aboutspecific training a worker has received whichcan be accessed by workers and employers.This could lead to greater access to theexisting training status of a particular worker.The Dean Panel recommended mandatoryhealth and safety awareness training forall workers and supervisors responsible forfrontline staff. It was recommended thatsuch training include health and safety rightsand responsibilities; the role of health andsafety authorities, the MOL, and the WSIB;hazard recognition, control and elimination;Workplace Hazardous Materials InformationSystems (WHMIS); and other elements.Mandatory training on high risk issues,starting with fall protection training, wasrecommended. All standards and content forthe proposed mandatory health and safetytraining (free mandatory entry training forworkers, free mandatory entry training forsupervisors, mandatory construction workertraining, and mandatory fall protectiontraining) will be set by the MOL – throughthe Chief Prevention Officer. The MOL iscurrently developing all of this training, butregulatory change and perhaps further OHSAamendments will be required beyond the Bill160 amendments. Given that this trainingwill be made available in multiple languagesand delivery formats, the current “best guess”from the MOL is that the recommendedtraining will be available in 18 to 24 months.The MOL is considering mandatory fallprotection training in all sectors, startingwith construction. Existing training thatmeets the new standards is expected to berecognized under equivalency provisions.The provisions relating to the authority overtraining all became law on receipt of RoyalAssent on June 1, 2011. However there areno provisions, as yet, requiring employers orconstructors to provide specific additionaltraining pending development of trainingprograms and legislative change.Bill 160 also provides for a change in theauthority over certification training forJoint Health and Safety Committee (JHSC)members. As with Designated Entities,this responsibility is in the process of beingtransferred from the WSIB to the Ministryof Labour. All standards for training orother requirements for becoming a certifiedmember of a JHSC, and the power to certifya person meeting the requirements, will restwith the MOL, through the Chief PreventionOfficer, on or before April 1, 2012.(b) Health and Safety RepresentativeTrainingDEHN protects.Safety for your Property.To be Sure - use DEHN.Lightning & Surge Protection Solutions.R3&A Limited - CobourgPhone (1) 905 377 8577Fax (1) 905 377 8578info@r3alimited.comWebsite www.r3alimited.com orwww.dehn.deOntario Electrical Contractor15