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.

Significantly, the Bill would add Part II.1 (Prevention Council, Chief Prevention Officer and Designated Entities) to the OHSA. This Part would establish a “Prevention Council” responsible for providing advice to the Minister, including with respect to the appointment of a Chief Prevention Officer (“CPO”) mandated to prepare an annual report on occupational health and safety, among other things.

Of further note, the Bill would amend section 50 of the OHSA (Reprisals by Employer Prohibited) and empower inspectors to refer an alleged reprisal matter to the Board in certain circumstances.