APPENDIX A HISTORY OF WORKPLACE HEALTH & SAFETY LEGISLATION AND INITIATIVES IN ONTARIO

Transcription

1 APPENDIX A HISTORY OF WORKPLACE HEALTH & SAFETY LEGISLATION AND INITIATIVES IN ONTARIO

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3 HISTORY OF WORKPLACE HEALTH & SAFETY LEGISLATION AND INITIATIVES IN ONTARIO It has become a cliché, but it is nevertheless true, that nothing is more constant these days than change. In the 1990s, the Ontario economy underwent extensive restructuring, a response to new technologies and the globalization of the world's economies. The result has been a significant transformation of both the nature of work and the workplace. Some examples are the shift from manufacturing to service activities; an increasing proportion of "non-standard" employment (part-time, temporary, self-employed and contract workers); and the growth of the small business sector as larger firms "downsize" and "outsource" products and services previously provided in-house. These changes have put a corresponding pressure on how the Ministry of Labour does its work. But this is not new. Ontario industry and the Ministry have always had to contend with change. One hundred years ago, the Ontario economy bore little resemblance to today's. Agriculture was dominant; mining was in its infancy, following the 1893 discovery of nickel at Sudbury; and what would become the province's most important manufacturing industry, automobiles, wouldn't really begin until 1904, with the formation of the Ford Motor Company of Canada. For the next half century, mining, manufacturing and construction would rise in importance at the expense of farming. Today, it is the service industry that has become Ontario's fastest growing economic sector, while mining, manufacturing, and construction are in relative decline. Tomorrow is anyone's guess. Recognizing the change inherent in a modern economy makes the challenge clear: the Ministry, its legislation, and policies and procedures to enforce the legislation must keep pace with that change. The brief history that follows shows how the Ministry and its predecessors have met this challenge in the past. This history begins with the legalization of trade unions in 1872 because it was this legislation that enabled workers to pressure governments to enact legislation to improve their working conditions. It could just as easily have begun with 1884 and the Ontario Factories Act, Canada's first industrial safety legislation. 09/November/05 Page 1 of 18

4 1872 Trade Union Act and Criminal Law Amendment Act Passage through Dominion Parliament is secured by Sir John A. MacDonald. Legislation makes trade unions legal Ontario Factories Act First Canadian legislation on industrial safety. Modelled after the British legislation of 1878 and administered by the Department of Public Works, it establishes permanent inspectors to police factory conditions Workmen's Compensation for Injuries Act First workers' compensation act in Canada. It establishes conditions under which a worker can take legal action against an employer Three factory inspectors are appointed and assigned to specific geographical locations: the western eastern and central districts. They supplement the role of municipal inspectors Ontario Shops Regulation Act The closing hours of shops and hours of labour for children and young persons working in them are regulated (14-hr days and 74-hr weeks). Seats are required for female employees Mining Operations Act Rules are established for ventilation, blasting, manholes, lifting devices, shafts signals, brakes machinery and boilers. Payment of wages in places where liquor is sold is prohibited Mines Act Mines Act replaces Mining Operations Act. Bureau of Mines is created in the Department of Lands and Forests. 09/November/05 Page 2 of 18

5 Protection of Persons Employed in Places other than Factories Act Certain provisions of the Factories Act are applied to workplaces not covered by the Factories Act and to places employing female workers Ontario Shops Regulation Act (amendment) Minimum age of boys in factories, except for the canning industry, raised to 14 years. Factories Act (amendment) Guarding is required on dangerous machines. Employers is required to give notice of fatalities, injuries resulting in more than a six-day absence from work, and explosions. Protection of Persons Employed in Places other than Factories Act (amendment) Appointment of female inspector is required. Lieutenant Governor in Council is given authority to appoint inspectors Bake Shops Act Hours of work (50 hrs per week) and working conditions (lighting, heating, ventilation, fire escapes, sanitation and washroom facilities) in bake shops Shops and Places other than Factories Act The Ontario Shops Regulation Act and the Bake Shops Act are incorporated and apply to "all shops and places other than factories" Mines Act (amendment) Manager, captain or officer of mine is required to make daily safety inspection. Bureau of Labour Act Bureau of Labour is created to collect workplace statistics. 09/November/05 Page 3 of 18

6 1901 Act to Further Improve the Factories Act Employer is required to comply with certain orders within two months. New rules are established for the storage of flammable materials, inspection of boilers, and fire escapes Factories Act (amendment) Female workers are required to wear their hair up during working hours. Separate washrooms are to be provided for male and female workers. Protective measures are required for shafts, hatches and hoistways Shops Regulation Act (amendment) Minimum age for workers in retail shops is raised (from 10) to 12 years. The employment of a child during school hours requires a certificate, in accordance with the provisions of the Truancy Act, permitting the child's absence from school Mining Act (amendment) Inspectors are to be present at inquests. Records of workers on scaling operations are to be kept Factories Act (amendment Laundries are deemed to be factories. Building Trades Protection Act The safety of tradesmen engaged in the construction of buildings (scaffolding, hoists, stairs, ladders, or other mechanical and temporary contrivances) is regulated. Covered passageway is required for sidewalks when there is work overhead. The Act is enforced by inspectors appointed by municipal councils. 09/November/05 Page 4 of 18

7 1912 Mining Act (amendment) Female workers prohibited from being employed in mines except to do stenographer or bookkeeping work. New requirements for: care and handling of explosives, ladderways, shafts, hoists, scaling equipment, signals, dressing rooms, first aid, dust protection, electricity and worker refuge places Factory, Shop and Office Building Act The Ontario Factories Act and Shops Regulation Act are combined and administered by the Factory Inspection Branch Workmen's Compensation Act The Workmen's Compensation Board is established with responsibility for worker compensation and rehabilitation. The safety education function is to be filled by various industry accident prevention associations, which can be formed by employers under the Act, with funding from the Board Trades and Labour Branch Act The Factory Inspection Branch and the Bureau of Labour in the Department of Public Works are merged to form the Trades and Labour Branch. The Branch is responsible for: $ The Factory, Shop and Office Building Act $ The Bureau of Labour Act $ The Steam Boilers Act $ The Stationary and Hoisting Engineers' Act $ The Building Trades Protection Act $ The Employment Agencies Act 09/November/05 Page 5 of 18

8 1918 Factory, Shop and Office Building Act (amendment) Municipal and school buildings are included in the definition of "office". Inspector is given right of entry at any time and authority to issue orders for unsafe machinery. Employment of children under the age of 14 in factories is prohibited. Department of Mines is created following the Cobalt inquiry in blasting incidents Department of Labour Act Trades and Labour Branch of the Department of Public Works becomes separate Department of Labour with responsibility for the Acts covered by the Trades and Labour Branch (see 1916 Notes on previous page) and employment services for workers. Mining Act Department of Mines assumes responsibility for mine safety inspection, engineering and 175 rules, including requirements for gravel pits and blast furnaces Ontario board of health (founded in 1882) becomes the Department of Health, with a Division of Hygiene that does research to develop health standards and measuring techniques for use by Department of Labour inspectors Compressed Air Regulations and Underground Regulation Both regulations are made under the Department of Labour Act. The Underground Regulation applies to work in shafts, tunnels, caissons and cribwork, and is assigned to two factory inspectors who are called "inspectors of caissons". 09/November/05 Page 6 of 18

9 1928 Death of 39 workers in the Hollinger fire results in new legislation requiring good housekeeping and creating a mine rescue function Silicosis Act Persons working with granite are required to have a certificate of medical fitness and to be provided with masks Mining Act WCB is required to provide funds for mine rescue stations. Contractors and subcontractors have to comply with Act. Escape shafts for workers are required Department of Labour Act (amendment) Coverage of Act is extended to caissons and tunnels. Inspectors given power to issue stop work orders The Factory, Shop and Office Building Act (amendment) Coverage of Act is extended to restaurants and the definition of "shop" is amended to include hotels and taverns. Alteration of building requires plans to be given to inspector. Owner and employer are to provide all necessary aid to inspector. Lieutenant Governor in Council is given authority to make regulations for workers using or making poisons The Factory, Shop and Office Building Act (amendment) "Restaurant" is added to the definition for factory, shop and office building. The Factory Inspection Service is set up to do investigations for every branch of the Department of Labour, except the Employment Service, and to assist in the enforcement of the Steam Boiler Act and the Operating Engineers Act. 09/November/05 Page 7 of 18

10 1938 Department of Labour Act (amendment) Coverage of Act is extended to cofferdams and crib work Mining Act (amendment) Accident scene is not to be disturbed. Rock bursts are to be reported to the inspector The Factory, Shop and Office Building Act (amendment) Definition of "bodily injury" is expanded to include injury to health. Requirements for persons entering tanks with dangerous fumes. Notice of injury or disease resulting in more than six days absence from work is required. Regulations Act An easily accessible record of published regulations The wire rope testing laboratory and electro-mechanical testing program are established after the Paymaster accident, where 18 men are killed when a cage detaches Grain Elevator Regulations A dust explosion in a grain elevator kills 22 and injures 30 others. The resulting regulations specify in detail everything from the basic design of a structure to measures for proper ventilation, dust control and fire protection Boiler and Pressure Vessels Act New Act replaces sections of the Factory, Shop and Office Building Act and the Steam Boiler Act The Factory, Shop and Office Building Act (amendment) Construction or alteration of factory is prohibited without approval from Chief Inspector. 09/November/05 Page 8 of 18

11 The Elevators and Lifts Act Consolidates previous Operating Engineers Act. Inspection of elevators is assigned to a new branch within the Department of Labour Trench Excavators Protection Act Act deals with sewage and water supply system construction (shoring, sloping and timbering of trenches, ladders, staging and scaffolding, use of explosives, testing for harmful gases). Department of Labour maintains records of municipal inspector appointments and provides advice on request Ontario Regulation 136/55, made under the Trench Excavators Protection Act Shoring in trenches is regulated to protect workers in trenches. Individual municipal governments are responsible for inspection and enforcement of work within their jurisdiction Royal Commission is established to investigate mine safety (Messrs. Morrison, Carlett and Rue). Report of the Special Committee on Mining Practices at Elliot Lake (Morrison). $ Part I is issued November 26, $ Part II is issued May 31, Construction Hoists Act Department of Labour Engineer must approve construction hoist drawings and specifications and inspector must inspect hoist before it can be operated. Inspector is to notified if hoist falls or causes worker injury. Act is administered by the Elevating Devices Branch (later transferred to the Minister of Consumer and Commercial Relations). 09/November/05 Page 9 of 18

12 1961 Royal Commission on Industrial Safety (the McAndrew Commission) is established in response to the deaths of five workers in a tunnel at Hogg's Hollow. Mandate is to "report upon all statutes and regulations administered by The Department of Labour that govern the safety of workers with a view to the improvement, simplification, clarification and modernization of such statutes and regulations." Department of Labour Amendment Act Ontario Labour Safety Council is created, as recommended by the Royal Commission on Industrial Safety, to provide advice to the Minister of Labour on the safety of workers Construction Safety Act Act replaces the Building Trades Protections Act. Regulations for worker safety are introduced based on Part 8 of the 1960 National Building Code of Canada, to cover the construction, alteration, repair, demolition or moving of buildings and other structures including trenches, streets, highways and wells, but not underground work. Mining Act (amendment) Drilling or undercutting and charging operations above or below two workfaces within 25 horizontal feet of each other are prohibited. New requirements for cages, skips and hoisting ropes Ontario Regulation 100/63 (for underground work), made under the Department of Labour Act This regulation replaces the 1926 Underground Regulation and is enforced by the Construction Safety Branch. Loggers Safety Act Act provides for inspection of projects where logging is undertaken or logging equipment is being repaired. 09/November/05 Page 10 of 18

13 1964 Industrial Safety Act, 1964 Factory, Shop and Office Building Act is repealed. New act elevates worker safety as primary concern and defines "safety" as "freedom from injury to the body or freedom from damage to health". Employer is required to take such precautions as are reasonable in the circumstances to ensure the safety of every person in the industrial establishment. Person with a reasonable belief that a machine is unsafe or contravenes the Act is prohibited from using the machine. Home workers are required to have permits to work in their homes Construction Safety Act (amendment) Definition of "constructor" is expanded to include an owner who contracts for or undertakes any part of a project. The Factory Inspection and Engineering Services are amalgamated into the Industrial Safety Branch Canada Labour Code The Code is enacted for the protection of persons in federal works or undertakings Industrial Safety Act (amendment) The definitions of factory, shop and office buildings are expanded to include "any land appertaining thereto". Requirement for home workers to have permits is repealed Elevators and Lifts Act (amendment) Inspectors and engineers are not to be held personally liable for omissions or action taken under the Act. The Department of Mines is expanded to become the Department of Mines and Northern Affairs, without affecting the mandate of the Mines Inspection Branch. 09/November/05 Page 11 of 18

14 1971 Industrial Safety Act, 1971 Replaces Industrial Safety Act, Some responsibility for safety is given to the supervisor and the worker. Removal of safety devices provided by employer is prohibited. Reprisals by the employer against any worker seeking compliance with the Act or regulations are prohibited Mining Act Revised requirements governing the operation of mines are issued as Part IX and XI of the Act The Department of Mines and Northern Affairs and the Department of Lands and Forests are combined as the Ministry of Natural Resources. The Department of Mines becomes the Division of Mines, and the Mines Inspection Branch becomes the Mines Engineering Branch. Ontario Regulation 259/72, made under the Industrial Safety Act Technical specifications and standards for industrial establishments Construction Safety Act Replaces previous Construction Safety Act and Trench Excavators Protection Act. Staff of Construction Safety Branch is increased from 30 to over 100, through hiring of municipal inspectors and new staff Industrial Safety Amendment Act Logging Safety Act is repealed and responsibility for logging safety is transferred to the Ministry of Labour from the Ministry of Natural Resources. 09/November/05 Page 12 of 18

15 1976 The Report of the Royal Commission on the Health and Safety of Workers in Mines (The Ham Report) is published. The Occupational Health and Safety Division, consisting of the Mines Safety, Construction Safety, Industrial Safety and Occupational Health (from Ministry of Health) Branches, is established, as recommended in the Ham Report. Employees Health and Safety Act* *Acknowledged to be an interim Act that would be replaced by more extensive legislation incorporating all existing occupational health and safety standards. Workers are given right to refuse work and to file complaints. Minister has power to require joint health and safety committees. Employers are required to post inspection reports in a conspicuous place, and the Workmen's Compensation Board is to provide statistics on various topics, when requested by a worker or trade union. Advisory Council on Occupational Health and Occupational Safety (ACOHOS) replaces the Labour Safety Council. It has members from industry, labour and other agencies dealing with occupational health and safety. Its role is to make recommendations to the Minister relating to Ministry programs and other health and safety issues Occupational Health and Safety Act (Bill 70) Bill 70 was passed. Existing occupational health and safety legislation, principally the Construction Safety Act, the Mining Act (Part IX), the Employees Health and Safety Act, and the Industrial Safety Act are combined into one statute. The Occupational Health and Safety Act was then proclaimed on October 1, Coverage is extended to all workers, except some teachers, domestic servants and agricultural workers. It also provides for joint health and safety committees, refusal to work and the regulation of toxic substances. 09/November/05 Page 13 of 18

16 1979 Responsibility for the new regulations is divided among the branches in the Occupational Health and Safety Division as follows: 1979 Industrial Regulations Industrial Health and Safety Branch: Original O. Reg. 658/79 As of 1980 Regulation 692 As of 1990 Regulation 851 Construction Regulations factories, shops, office buildings, arenas and logging operations Construction Health and Safety Branch: Original: O. Reg. 659/79 As of 1980: Regulation 691 As of 1991 O. Reg. 213/91 construction projects Mining Regulations Mining Health and Safety Branch Original: O. Reg. 660/79 As of 1980: Regulation 694 As of 1990 Regulation 854 mines and mining plants 1981 The Joint Federal-Provincial Inquiry Commission into Safety in Mines and Mining Plants (Burkett Commission) publishes its report. The commission had been appointed as a result of a sudden increase in worker fatalities in 1980 and an increased lost time injury rate Critical Injury Defined. Regulation, O. Reg. 714/82 made under the Occupational Health and Safety Act. Definition is applicable to provisions under the OHS Act and regulations that refer to critical injuries. 09/November/05 Page 14 of 18

17 1984 Regulations for Construction Projects, Reg. 691 (amendment) New sections apply to work on elevated or, exterior cleaning of buildings, caulking and window-cleaning are suspended work places on building facades, i.e., sandblasting regulated Occupational Health and Safety Amendment Act New provisions for the Workplace Hazardous Materials Information System (WHMIS). Report on the Administration of the Occupational Health and Safety Act (McKenzie/Laskin Report) 1990 Occupational Health and Safety Act (Bill 208 Amendments) Workplace Health and Safety Agency, requirement for certified joint health and safety committee members, and right to stop work are established MOL is reorganized on regional lines. The Occupational Health and Safety Division (OHSD) becomes the major part of the new Operations Division. Operations are divided among six administrative areas, each headed by a Director: Toronto East, Toronto West, Hamilton-Niagara, Western Ontario, Northern Ontario and Eastern Ontario. Head office staff of the former OHSD (Industrial, Construction, Mining and Occupational Health Branches) are assigned to the Occupational Health and Safety Branch Workers' Compensation Reform Act (Bill 99) Role of Workplace Health and Safety Agency is transferred to the Workplace Safety and Insurance Board, which has new responsibility for occupational injury and illness prevention and the promotion of occupational health and safety. 09/November/05 Page 15 of 18

18 2001 Occupational Health and Safety Act (Bill 57 Amendments) Selected amendments to the OHSA were effective with Royal Assent on June 29, 2001 as part of the broader Government Efficiency Act, The amendments, which streamline the Act and remove overlap with other legislation, specifically: provide for the use of codes of practice in conjunction with performance-based regulations; allow inspectors to investigate work refusals in consultation with the workplace parties instead of in the presence of the workplace parties; allow for the future repeal of the requirement to notify the MOL of the introduction of a new substance into the workplace; allow workers who are not committee members but who work at sites represented by a multi-site joint health and safety committee to be designated to inspect the workplace and to attend work refusals; repeal the requirement for an employer to make an inventory and a floor plan of hazardous materials in the workplace (has never been in effect); replace the requirement for an employer to automatically notify the MOL whenever a worker sustains a non-critical injury with an inspector s discretionary power to require employer to submit such notices; and, clarify that an inspector is required to provide a copy of an order or report to a person who has complained of a contravention of the OHSA or regulations, upon request only. 13/January/05 Page 16 of 17

19 2001 Occupational Health and Safety Act (Bill 145 Amendment) 2001 Bill 71, Homes for Retarded Persons Repeal Act, 2001 The amendments to the OHSA received Royal Assent and went into effect on December 12, This amendment allows inspectors to apply for a warrant to collect evidence when they have reasonable and probable grounds to believe an offence has been committed under the OHSA. A system of judicial oversight was introduced for OHSA enforcement. A justice of the peace or provincial judge weighs the needs of an inspector's investigation against Charter privacy rights in deciding whether to issue the warrant. Bill 71 was titled "Bill 71, Homes for Retarded Persons Repeal Act, 2001" and was a Bill whose only substantive sections repealed the "Homes for Retarded Persons Act" and amended the "Developmental Services Act", neither of which are directly MOL concerns. It also amended other provincial acts - including the OHSA s.43(2)(d) - to remove references to "homes for retarded persons" or "mental retardation centres" and to replace the term "handicap" with "disability" wherever it appeared in provincial legislation Occupational Health and Safety Act (Bill 31 Amendment) Section 63 amendment received Royal Assent on May 20, Section 63 OHSA prevails despite anything to the contrary in the Personal Health Information Protection Act Occupational Health and Safety Act Regulation respecting Asbestos on Construction Projects and in Buildings and Repair Operations O. Reg. 278/05 As of November 1, 2005, O. Reg. 278/05 replaced regulation 838 (formerly known as O. Reg. 654/85) The changes will strengthen worker safety by: Ensuring up-to-date work methods and procedures are used, including respiratory protection and modernized work procedures. 13/January/05 Page 17 of 17

20 As of November 2007, requiring Ministry of Training, Colleges and Universitiesapproved certified training for workers and supervisors undertaking the most hazardous types of removal projects (Type III). Providing a definition for asbestoscontaining material. As of November 2007, requiring asbestos management programs to include the location of Non-Friable asbestos-containing material Smoke Free Ontario Act repeals the Smoking in the Workplace Act. The Ministry of Health Promotion's new Smoke Free Ontario Act repeals the Ministry of Labour's Smoking in the Workplace Act with broader legislation effective May 31, Public health inspectors enforce this Act Farming Operations, Regulation 414/05, under the OHSA - effective June 2006 Effective June 30, 2006, the OHSA applies to farming operations, except those run by a selfemployed person without any workers. The regulation limits the type of farm operations that require joint health and safety committees to: mushroom, greenhouse, dairy, hog, cattle, and poultry farming. The requirements for certified members on a JHSC as per section 9 (12) of the OHSA apply only to farming operations with 50 or more workers. The regulation exempts farming operations from all regulations under the OHSA, except the following: Critical Injuries (RRO 834), Training Programs (O. Reg. 780/94) and Training Requirements for Certain Skill Sets and Trades (O. Reg.. 572/99). 13/January/05 Page 18 of 17