Occupational Health and Safety Statute Law Amendment Act, 2011 Sousa, Hon. Charles Minister of Labour — Bill 160 (39th Parliament, 2nd Session)

Bill 160, 39-2

Ontario — Bills

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Bill 160, Occupational Health and Safety Statute Law Amendment Act, 2011

Sousa, Hon. Charles Minister of Labour

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[39] Bill 160 Royal Assent (PDF)

Bill 160 2011

An Act to amend

the Occupational Health and Safety Act and the Workplace Safety and Insurance

Act, 1997 with respect to occupational health and safety and other matters

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Occupational Health and Safety Act

1. (1) Subsection 1

(1) of the Occupational

Health and Safety Act is amended by adding the following

definition:

"Building Code" means any

version of the Ontario

Building Code that was in force at any time since it was made under

the Building Code Act,

1974 , the Building

Code Act of the Revised Statutes of Ontario, 1980, the Building Code Act of

the Revised Statutes of Ontario, 1990, the Building Code Act, 1992 or a successor

to the Building Code Act,

1992 ; (" code du bâtiment ")

(2) The definition of "certified

member" in subsection 1 (1) of the Act is repealed and the following substituted:

"certified member" means

a committee member who is certified under

section 7.6; (" membre agréé ")

(3) Subsection 1 (1) of the Act is amended

by adding the following definition:

"Chief Prevention

Officer" means the Chief Prevention Officer appointed under subsection 22.3

(1); ("directeur général de la prévention")

(4) Subsection 1 (1) of the Act is

amended by adding the following

definitions:

"Office of the Employer

Adviser" means the office continued under subsection 176 (2) of the Workplace Safety and Insurance

Act, 1997 ; (" Bureau des conseillers des employeurs ")

"Office of the Worker

Adviser" means the office continued under subsection 176 (1) of the Workplace Safety and Insurance

Act, 1997 ; (" Bureau des conseillers des travailleurs ")

Part II of the

Act is amended by adding the following section:

Administration of Act

4.1

(1) The Minister is

responsible for the administration of this Act.

Powers of Minister

(2) In administering

this Act, the Minister's powers and duties include the following:

1. To promote occupational health

and safety and to promote the prevention of workplace injuries and occupational

diseases.

2 . To promote public awareness of

occupational health and safety.

3 . To educate employers, workers and

other persons about occupational health and safety.

4 . To foster a commitment to

occupational health and safety among employers, workers and others.

5 . To make grants, in such amounts

and on such terms as the Minister considers advisable, to support occupational

health and safety.

Duty to consider

(3) In administering

this Act, the Minister shall consider advice that is provided to the Minister

under this Act.

3. The

Act is amended by adding the following sections:

Standards – training programs

7.1

(1) The Chief Prevention

Officer may establish standards for training programs required under this Act

or the regulations.

Approval

- training program

(2) The Chief

Prevention Officer may approve a training program that is established before or

after this subsection comes into force if the training program meets the

standards established under subsection (1).

Standards – persons who provide

training

7.2

(1) The Chief Prevention

Officer may establish standards that a person shall meet in order to become an

approved training provider.

Approval – persons who provide

training

(2) The Chief

Prevention Officer may approve a person who meets the standards described in subsection

(1) as a training provider with respect to one or more approved training programs.

Amendment

of standard

7.3

(1) The Chief Prevention

Officer may amend a standard established under subsection 7.1 (1) or 7.2 (1).

Publication of standards

(2) The Chief

Prevention Officer shall publish the standards established under subsections

7.1 (1) and 7.2 (1) promptly after establishing or amending them.

Time limit of approval

7.4

(1) An approval given

under subsection 7.1 (2) or 7.2 (2) is valid for the period that the Chief Prevention

Officer specifies in the approval.

Revocation, etc., of approval

(2) The Chief

Prevention Officer may revoke or amend an approval given under subsection 7.1

(2) or 7.2 (2).

Information to be provided to

Chief Prevention Officer

(3) The Chief

Prevention Officer may require any person who is seeking an approval or is the

subject of an approval under subsection 7.1 (2) or 7.2 (2) to provide the Chief

Prevention Officer with whatever information, records or accounts he or she may

require pertaining to the approval and the Chief Prevention Officer may make

such inquiries and examinations as he or she considers necessary.

Collection and use of training

information

7.5

(1) The Chief Prevention

Officer may collect information about a worker's successful completion of an

approved training program for the purpose of maintaining a record of workers

who have successfully completed approved training programs.

Disclosure by training provider

(2) The Chief

Prevention Officer may require an approved training provider to disclose to him

or her the information described in subsection (1).

Same

(3) The Chief

Prevention Officer may specify the time at which, and the form in which, the

information shall be provided.

Disclosure by Chief Prevention

Officer

(4) The Chief

Prevention Officer may disclose information collected under subsection (1) to

any person, including but not limited to a current or potential employer of a

worker, if the worker consents to the disclosure.

4. The

Act is amended by adding the following section:

Certification of members

7.6

(1) The Chief Prevention

Officer may,

(

a) establish training and other requirements that a

committee member shall fulfil in order to become a certified member; and

(

b) certify a committee member who fulfils the requirements

described in clause (a).

Transition

(2) A person who is certified under paragraph 5 of subsection

4 (1) of the Workplace

Safety and Insurance Act, 1997 on the date

section 20 of the Occupational Health and Safety

Statute Law Amendment Act, 2011 comes into force is deemed to be

certified under this section.

5. The Act is amended by

adding the following section:

Delegation

7.7 The

Chief Prevention Officer may in writing delegate from time to time his or her

powers or duties under subsections 7.1 (2) and 7.2 (2), sections 7.4 and 7.5

and clause 7.6 (1) (

b) to any employee in the Ministry, subject to such

limitations, restrictions, conditions and requirements as the Chief Prevention

Officer may set out in the delegation.

Section 8 of the Act is

amended by adding the following subsections:

Training requirement

(5.1) Unless otherwise prescribed, a constructor or

employer shall ensure that a health and safety representative selected under

subsection (5) receives training to enable him or her to effectively exercise

the powers and perform the duties of a health and safety representative.

Same

(5.2) The training described in subsection (5.1) shall

meet such requirements as may be prescribed.

Entitlement to be paid

(5.3) A health and safety representative is deemed to be

at work while he or she is receiving the training described in subsection

(5.1), and the representative's employer shall pay the representative for the

time spent, at the representative's regular or premium rate as may be proper.

(1) Section 9 of

the Act is amended by adding the following subsection:

Powers of co-chairs

(19.1) If the committee has failed to reach consensus

about making recommendations under subsection (18) after attempting in good

faith to do so, either co-chair of the committee has the power to make written

recommendations to the constructor or employer.

(2) Subsection 9 (20) of the

Act is amended by striking out "committee" and substituting "committee or

co-chair".

(3) Subsection 9 (36) of the

Act is amended by striking out "certified by the Workplace Safety and Insurance

Board" and substituting "a certified member".

(1) The Act is

amended by adding the following Part:

Part II.1

Prevention Council, Chief Prevention Officer and designated entities

Prevention

Council

Prevention Council

22.2

(1) The

Minister shall establish a council to be known as the Prevention Council in

de la prévention in French.

Composition

(2) The Council shall be composed of such members as the

Minister may appoint, and shall include representatives from each of the

following groups:

1. Trade unions and provincial

labour organizations.

2. Employers.

3. Non-unionized workers, the

Workplace Safety and Insurance Board and persons with occupational health and

safety expertise.

Same

(3) In appointing members of the Council, the Minister

shall ensure that,

(

a) an equal number of members are appointed to represent

the groups described in paragraphs 1 and 2 of subsection (2); and

(

b) the group described in paragraph 3 of subsection (2) is

represented by not more than one-third of the members of the Council.

Appointment of members

(4) The members of the Council shall be appointed for such

term as may be determined by the Minister.

Chair

(5) The members of the Council shall choose a chair from

among themselves by the date fixed by the Minister; if they fail to do so, the

Minister shall designate a member as chair.

Same

(6) Subsection (5) applies on the first appointment of

members and thereafter whenever the office of chair is vacant.

Functions

(7) The Council shall,

(

a) provide advice to the Minister on the appointment of a

Chief Prevention Officer;

(

b) provide advice to the Chief Prevention Officer,

(

i) on the prevention of workplace

injuries and occupational diseases,

(ii) for the purposes of the

provincial occupational health and safety strategy and the annual report under

section 22.3, and

(iii) on any significant proposed

changes to the funding and delivery of services for the prevention of workplace

injuries and occupational diseases;

(

c) provide advice on any other matter specified by the

Minister; and

(

d) perform such other functions as may be specified by the

Minister.

Advice

(8) For the purposes

of subsection (7), any advice provided by the Council shall be communicated by

the chair of the Council.

Remuneration and expenses

(9) Any member of the

Council who is not a public servant within the meaning of the Public Service of Ontario Act,

2006 may be paid such remuneration and expenses as may be from

time to time fixed by the Lieutenant Governor in Council.

Chief

Prevention Officer

Chief Prevention Officer

Functions

22.3

(1) The Minister shall appoint a

Chief Prevention Officer to,

(

a) develop a provincial occupational health and safety

strategy;

(

b) prepare an annual report on occupational health and

safety;

(

c) exercise any power or duty delegated to him or her by

the Minister under this Act;

(

d) provide advice to the Minister on the prevention of

workplace injuries and occupational diseases;

(

e) provide advice to the Minister on any proposed changes

to the funding and delivery of services for the prevention of workplace

injuries and occupational diseases;

(

f) provide advice to the Minister on the establishment of

standards for designated entities under

section 22.5;

(

g) exercise the powers and perform the duties with respect

to training that are set out in sections 7.1 to 7.5;

(

h) establish requirements for the certification of pe

Document details

Collection	Ontario — Bills
Citation	Bill 160, 39-2
Type	bill
Volume / chapter	p39 s2 bill 160 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	5cc01e292c48a331d4c42a47693fc444da648cca

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