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Bill 222, Heat Stress Act, 2024

Tabuns, Peter

Pasma, Chandra

Vaugeois, Lise

West, Jamie

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Original

Bill 222 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Occupational Health and Safety Act

to add a new

Part IV.1.

Part IV.1 requires the Minister to develop and

implement a Worker Heat Protection Standard and sets out requirements for that standard.

Every employer is required to ensure there is heat stress training for

employees.

All

employees shall receive compensation at the regular rate at which the employee

is employed for any period required under the Worker Heat Protection Standard,

such as periods for rest, breaks, medical removal protection and training.

For

the first five years after the Worker Heat Protection Standard is implemented,

the Minister shall annually present a report to the Legislature detailing

illness and mortality figures relating to heat stress and the Ministry’s

enforcement activities with respect to the Worker Heat Protection Standard.

Bill 222 2024

Act to protect workers from heat stress

Preamble

the changing climate increases air temperatures, workers are increasingly

exposed to conditions that threaten their health and even their lives. This is

true for educators, mechanics, agricultural employees, workers in manufacturing

and other workers throughout the workforce. Workers who were previously working

in conditions at the limit of their tolerance or who were working in conditions

that were relatively benign are now facing unprecedented challenges. They need

protection in a way not previously necessary, they need it consistently and

they need it now. This Bill sets the framework for the protection of these

workers throughout our whole society.

Therefore

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

The Occupational Health and Safety Act is amended

by adding the following Part:

PART IV.1

HEAT STRESS

Worker

Heat Protection Standard

42.1

(1) The

Minister shall develop and implement a Worker Heat Protection Standard that

includes the following:

1. Requirements

to eliminate hazardous levels of heat stress through engineering controls, such

as isolating or shielding employees from sources of heat, exhaust ventilation,

insulation of hot surfaces or climate-control technologies, as well as

technology based standards that encourage the development of such control.

2. Requirements

to limit exposure to hazardous levels of heat stress by using the hierarchy of

controls, which may include the adjustment of work procedures, work schedules

or other work practices.

3. Requirements

to provide, at the employer’s expense, breaks and personal protective equipment

such as water-cooled garments, air-cooled garments, heat-reflective clothing

and cooling vests.

4. Requirements

for every employer to develop and implement, in consultation with and

considering any recommendation of any health and safety representative or

committee, a Heat Stress and Protection Policy and Program and to review the policy

and program as often as necessary and no less than once every 12 months.

5. Requirements

for every employer to conduct a heat stress assessment as often as necessary

and no less often than the prescribed frequency, if any, to determine if a

worker is or may be exposed to thermal conditions likely to cause heat stress.

6. Requirements

for every employer to provide the health and safety representative or committee

with the results of every heat stress assessment.

7. Requirements

for every employer to provide workers with access to cool drinking water or an

adequate alternative hydrating fluid close to every work area.

Implementation

(2) The

Worker Heat Protection Standard shall be implemented no later than 12 months

after the day this

section comes into force.

Same

(3) In

developing, implementing and updating the Worker Heat Protection Standard, the

Ministry shall consult with Occupational Health Clinics for Ontario Workers and

the Ontario Federation of Labour.

Updates

(4) The

Worker Heat Protection Standard shall be updated as often as is necessary and

no less than once every 12 months.

Publication

(5) The

Worker Heat Protection Standard shall be published on a website of the

Government of Ontario.

Required

contents

(6) The

Worker Heat Protection Standard shall include requirements for training

approved by the Chief Prevention Officer for employees and supervisors in

topics reasonable or necessary to protect employees from heat stress,

including,

(

a) training

employees in signs and symptoms of heat-related illness, emergency response

procedure and their rights under this Part; and

(

b) training

supervisors in monitoring and reporting heat conditions and environmental

forecasts, recognizing signs of heat-related illness and protocols for

responding to likely heat-related illness.

Mandatory

training standard

42.2

(1) In

addition to the training required under

section 42.1, every employer shall

ensure the health and safety representative and every committee member receives

training on heat stress in accordance with subsection (2) of this section.

Contents

of training

(2) The

training referred to in subsection (1) shall include the following:

1. Occupational

health and safety law related to heat stress.

2. Prescribed

best practices for controlling exposure to heat stress.

3. Prescribed

learning objectives.

Approval

under s. 7.1 and 7.2

(3) The

training referred to in subsection (1) must be approved under

section 7.1 and

the training must be provided by a provider approved under

section 7.2.

Protection

of pay

42.3 An employee shall

receive compensation at the regular rate at which the employee is employed for

any period required under the Worker Heat Protection Standard, such as periods

for rest, breaks, medical removal protection and training.

Language

access

42.4 Any training, poster,

label, hazard alert or written plan required under the Worker Heat Protection

French, and prepared appropriately for the vocabulary, educational level and

literacy of the employees.

Maintaining

protection

42.5 Nothing in the Worker

Heat Protection Standard may reduce the protection afforded to employees by an existing

worker heat protection standard.

Report

to Legislature

42.6 For the first five

years after the Worker Heat Protection Standard is implemented, the Minister

shall annually present a report to the Legislature detailing,

(

a) illness

and mortality figures relating to heat stress; and

(

b) the

Ministry’s enforcement activities with respect to the Worker Heat Protection

Standard.

Commencement

This Act comes into force 12 months after the day it receives Royal Assent.

Short

title

The

short title of this Act is the Heat Stress Act, 2024 .

Date Bill stage Event Outcome Committee

November 7, 2024

First Reading

Ordered for Second Reading

November 7, 2024

First Reading

Vote

Carried

First Reading

November 7, 2024

Carried

Ordered for Second Reading