Human Resources Legislative Update - Legislative Developments in Human Resources Law

Effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain employers in the construction industry. These amendments will apply, with certain exceptions, to independent operators who carry on business in construction, and to sole proprietors and partners in a partnership that carry on business in construction and do not employ any workers.

On January 1, 2012, a free, “voluntary pre-registration” period of one year will commence during which affected employers may register electronically on the Workplace Safety and Insurance Board ("WSIB") website, through the WSIB’s eServices. Premiums will not become due until January 1, 2013.

The pre-registration period will coincide with a year-long education campaign designed to educate construction industry employers about the new mandatory coverage.

More information about mandatory coverage in the construction industry and the pre-registration period is available in an “F.A.Q” information sheet, which has been posted to the WSIB website.

On May 18, 2011, Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011, passed at Third Reading, as amended by the Standing Committee on Social Policy. It is expected to receive Royal Assent shortly.

As previously reported, the proposed Bill 160 amendments are intended to respond to the recommendations provided by the Expert Panel on Occupational Health and Safety and would significantly amend the Occupational Health and Safety Act.

The Bill should be consulted for specific coming into force information.

On April 27, 2011, the Ontario government announced that it will launch a safety blitz on May 1 intended to protect young workers by ensuring that employers are complying with regulations under the Occupational Health and Safety Act. In part, the initiative will focus on whether young workers are:

• being instructed, trained and supervised on jobs;
• using proper safety measures, equipment and procedures to prevent injuries; and
• meeting minimum age requirements for the work they are doing.

Inspectors will focus on workplaces where youth are employed, including restaurants, nursing homes and low-rise construction sites.

On March 3, 2011, the Ontario government introduced Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011 (PDF).

The proposed Bill 160 amendments, which are intended to respond to the recommendations provided by the Expert Panel on Occupational Health and Safety, would significantly amend the Occupational Health and Safety Act (“OHSA”), by:

• empowering the Minister of Labour (the “Minister”) to establish standards for training programs and training providers, and collect information and maintain records of workers’ successful completion of approved training programs;
• empowering the Minister to establish training and certification standards for members of joint health and safety committees;
• requiring constructors or employers to provide health and safety representatives with training;
• enabling the co-chair of a joint health and safety committee to make written recommendations to a constructor or employer if the committee fails to reach consensus; and
• authorizing a Director designated under section 6 to establish policies respecting the interpretation, administration and enforcement of the OHSA, and to require an inspector to follow such policies.

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On December 6, 2010, the Ontario government filed a number of regulatory amendments under the Occupational Health and Safety Act, including:

• O. Reg. 480/10 (Firefighters—Protective Equipment), amending O. Reg. 714/94 in respect of protective garment standards for firefighters performing interior structural fire suppression duties; and
• O. Reg. 479/10 (Designated Substance—Asbestos on Construction Projects and in Buildings and Repair Operations), which excludes workers and their employers from O. Reg. 278/05 when the workers are engaged in fire suppression work, rescue and emergency services work or investigation work under the authority of the Fire Protection and Prevention Act, 1997. The regulation provides that Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents) made under the Act applies instead.

The regulations will come into force on January 1, 2011.

On November 5, 2010, the Ontario government filed a number of regulatory amendments under the Occupational Health and Safety Act, including:

• O. Reg. 419/10, amending Table 1 of Regulation 833 of the Revised Regulations of Ontario, 1990 (Control of Exposure to Biological or Chemical Agents); and

• O. Reg. 420/10, amending Regulation 851 (Industrial Establishments).

The regulations are now in force.

On November 4, 2010, Bill 110, the Good Government Act, carried at Second Reading and was referred to the Standing Committee on General Government.

As previously reported, Bill 110 is omnibus legislation that would, if passed, make a number of amendments to various Acts, including several employment-related statutes.

On September 30, 2010, the Ontario government announced that Harry Arthurs will chair the Funding Review of the unfunded liability of the Workplace Safety and Insurance Board.

As announced by the WSIB on the same date, the year-long Funding Review will gather input from experts and stakeholders regarding policy issues relating to the financial future of the WSIB, including a plan on how to eliminate its unfunded liability. 

On June 28, 2010, the Ontario government published O. Reg. 259/10 (Designated Substances) under the Occupational Health And Safety Act. In part, the regulation revokes and substitutes Table 1 of O. Reg. 490/09, which sets out exposure limits.

The regulation comes into force July 1, 2010.

On May 13, the Ontario government announced plans to increase enforcement of violations and enhance awareness of safety measures to protect workers on construction sites. The initiative follows a 90-day provincial enforcement campaign to ensure that workplace parties are complying with the Occupational Health and Safety Act (“OHSA”) and its regulations. An expert panel will make recommendations on a number of workplace safety issues based on the Ministry of Labour’s (“MOL”) preliminary report.

As we’ve previously reported, Ministry of Labour “safety blitzes” are conducted through Safe at Work Ontario, a program which focusses on improving workplace health and safety practices through education, training and enforcement of primarily the OHSA.

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