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Information for Farming Operations: |
[ 62 Kb / 6 pages ]The purpose of the Occupational Health and Safety Act (OHSA) is to protect workers against health and safety hazards on the job. As of June 30, 2006, it applies, with some limitations and exceptions, to all farming operations that have paid workers. The OHSA is administered and enforced by the Ontario Ministry of Labour (MOL).
The OHSA is based on an Internal Responsibility System (IRS)--a concept based on the principle that the workplace parties themselves are in the best position to identify health and safety problems and take proactive measures to ensure a safe and healthy workplace and compliance with the OHSA and associated regulations. There are several provisions in the OHSA aimed at fostering the IRS. These include but are not limited to:
There are numerous resources available to help a farm operator and farm workers understand their responsibilities under the OHSA. These include, but are not limited to:
Ontario Ministry of Labour http://www.labour.gov.on.ca/english/about/index.html
Ontario Ministry of Labour Publications
Other Health and Safety Prevention and Education partners also have information that may help.
Prevention and Education Material from Other Organizations:
The role of the Ministry of Labour Health and Safety Inspector is detailed in Fact Sheet 2006-01 “Role of the Ontario Ministry of Labour Health and Safety Inspector”. A MOL Health and Safety Inspector will primarily visit a farming operation, as of June 30, 2006 to:
As detailed in Fact sheet 2006-01 “Role of the Ontario Ministry of Labour Health and Safety Inspector”, the Inspector will provide the workplace parties with a written “Premise Project” report at the conclusion of his/her visit. An employer is required to post this report in a conspicuous location at the workplace. Where an Inspector observes a contravention, an order (not a recommendation) may be issued in the written report. Orders may be issued for each observed contravention. Orders are issued under the section of a regulation or the OHSA that has been contravened, but may be issued under the general duty sections[ 5 ] of the Occupational Health and Safety Act. There are no monetary penalties associated with orders.
Inspectors may issue three types of orders:
Should any of the workplace parties disagree with an Inspector’s order or decision not to issue an order, they may exercise their right to appeal. Appeals are processed and administered by the Ontario Labour Relations Board (OLRB) and are heard by the Vice Chairs of the OLRB. Appeals must be made within 30 days of the making of the order or Inspector’s decision. The OLRB has rules of procedure governing the filing of appeals. These can be obtained from http://www.olrb.gov.on.ca/english/applica.htm. The order remains in effect until a decision is made on the request for a suspension of the order or on the order itself.
Attached to the MOL Inspector’s report will be a “Notice of Compliance” form. The workplaces parties are required to use this form (or some other written notification) to indicate compliance with each order and return it to the MOL by the compliance deadline(s). If there are multiple orders with multiple compliance dates, the form will need to be submitted more than once. Each order stays in effect until the Inspector is satisfied that it has been met. The Inspector may contact or re-visit the workplace to verify compliance should s/he have concerns.
Prompt and effective response to MOL orders is the best way to return a workplace to compliance. Workplace parties are encouraged to contact the MOL Inspector should they anticipate difficulties in meeting compliance deadlines.
Where an order has been previously issued and non-compliance is noted on a subsequent visit, the Inspector may issue a written “Notice to the Employer” detailing the non-compliance in accordance with section 66 of the OHSA. The Inspector may also consider:
MOL Inspectors may initiate prosecution where there has been a contravention that is related to a fatal, critical or other injury to a worker. Other circumstances where prosecution may be considered include, but are not limited to:
Prosecution may be considered against any workplace party who had responsibility for an accident or contravention. Any workplace party including employers, supervisors and workers may be individually responsible or may share responsibility.
The purpose of prosecution is deterrence--specific deterrence for the offender and general deterrence for other potential offenders.
Starting June 30, 2006, farming operations with paid workers will be required to comply with the Occupational Health and Safety Act and specified regulations. The OHSA is grounded in the concept of the Internal Responsibility System (IRS)--a concept recognizing that workplace parties themselves are best able to keep their workers safe and healthy. As a result, the OHSA provides specific rights and responsibilities for workers, supervisors and employers regarding worker safety and health. There are numerous resources available to help employers, supervisors and workers understand these rights and responsibilities and to develop and maintain an effective IRS. The responsibility for worker health and safety lies with workplace parties.
The Ministry of Labour Inspector enforces the OHSA and associated regulations. S/he may visit a farming operation to conduct an inspection or investigate a fatal or critical injury, health and safety complaint or work refusal. Where contraventions are found, orders may be issued. Prompt and effective response to MOL orders is the best way to return a workplace to compliance. Orders carry no monetary penalties.
Under certain circumstances, including when there has been a contravention that is related to a fatal critical or other injury to a worker, the MOL Inspector may initiate prosecution. The purpose is deterrence--specific for the offender and general for potential offenders.
[ 1 ] The OHSA imposes duties on all those who have any degree of control over the workplace, the materials and equipment in the workplace and the direction of the work force. Part III of the OHSA outlines these duties. These duties and responsibilities range from the employer duty to provide information, instruction and supervision to workers to the worker duty to work safely and in accordance with the legislation.
[ 2 ] More details on the requirements for Health and Safety Reps and Joint Health and Safety Committees can be found in the Guide for Health and Safety Representatives and Joint Health and Safety Committees on Farming Operations and in the Regulation for Farming Operations.
[ 3 ] These rights are detailed in section 43 of the OHSA.
[ 4 ] Critical injury means an injury of serious nature that places life in jeopardy; produces unconsciousness; results in substantial loss of blood; involves the fracture of a leg or arm but not a finger or toe; involves the amputation of a leg, arm, hand or foot but not a finger or toe; consists of burns to a major portion of the body; or causes the loss of sight in an eye. R.R.O. 1990 Regulation 834
[ 5 ] For example, section 25(2)(h) of the Act states “an employer shall take every precaution reasonable in the circumstances for the protection of a worker.”
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Last modified: June 28, 2006