FAQ

Health + Safety

Please review our Frequently Asked Questions here. If you don’t find the information you’re looking for, get in touch with us. Your questions are important to us and you will be helping us to improve this section.

In general, what is the main purpose of the OH&S Act?

The main purpose of the Act is to protect workers from health and safety hazards on the job. It sets out duties for all workplace parties and rights for workers. It establishes procedures for dealing with workplace hazards and provides for enforcement of the law where compliance has not been achieved voluntarily. Fundamental to the successful working of OHSA is the workplace Internal Responsibility System (IRS).

Who is covered by OH&S Act?

OHSA applies to almost every worker, supervisor, employer and workplace in Ontario, including workplace owners, constructors and suppliers of equipment or materials to workplaces covered by the Act.

OHSA does not apply to:
Work done by the owner or occupant, or a servant, in a private residence or on the connected land [Section 3(1)];
Workplaces under federal jurisdiction, although federal authorities accept that outside contractors and their employees, while in federal workplaces, are under provincial jurisdiction.

What duties does OHSA place on employers?

OHSA Sections 25 assigns a mixture of general and specific duties to employers and provides for other duties to be prescribed (required) by regulation. Some of the general duties require an employer to:
Take all reasonable precautions to protect the health and safety of workers;
Ensure that equipment, materials and protective equipment are maintained in good condition;
Provide information, instruction and supervision to protect worker health and safety; and
Co-operate with the JHSC.
Some of the specific duties require an employer to:

Comply with all regulations made under OHSA;
Develop and implement an occupational health and safety program and policy;
Post a copy of OHSA in the workplace; and any explanatory material prepared by the Ministry of Labour in the workplace; and
Provide health and safety reports to the JHSC.
OHSA Section 26 details a number of other areas where additional duties for an employer may be prescribed. Regulations give more specific directions on how to comply with the general requirements of OHSA.

Employers also have duties with respect to workplace violence and workplace harassment.

Do I require a Joint Health & Safety Committee or just a Health & Safety Representative?

A company with 20 – 49 workers requires 2 certified members minimum, 1 management rep and 1 worker rep.

A company with 50+ workers requires 4 members minimum (2 certified), 2 management reps and 2 worker reps.

Under the new JHSC standards, a 1 day refresher training is required every 3 years to maintain their certification. Also under the new standards, Part 2 must be completed within 6 months of completing Part 1.

Bullivant Health + Safety is a Chief Prevention Officer (CPO) Approved provider for the new JHSC certification standards.

A company with 6-19 workers requires only a Health and Safety Representative. While we do run a H&S Rep One day class and formal certification will be required by the MOL in the near future, at this time no formal training is required.

What is the role of the Joint Health and Safety Committee (JHSC)?

A joint health and safety committee ( JHSC ) is composed of worker and employer representatives. Together, they should be mutually committed to improving health and safety conditions in the workplace. As well, a designated worker member of the committee is required to inspect the workplace at least once a month.

Does the OH&S Act require companies to provide health & safety training to workers?

​Yes, under the law an employer must do everything possible to protect their workers while on the job. This includes but is not limited to the following training:
  • WHMIS 2015
  • Fall Protection (non construction) & Working at Heights (construction)
  • Confined Space Entry
  • Violence and Harassment plus Sexual module
  • Mobile Equipment Operators (lifting devices, aerial lifts, overhead crane, etc)
  • JHSC Certification—Part I and II (20 or more regular workers)
  • Designated Substances
  • Respirator Fit Testing
  • Personal Protective Equipment or Devices—use and care
  • Standard First Aid
  • Lockout/Tagout (LOTO)
  • Transportation of Dangerous Goods (TDG)
    There may be more specific training that is required for your specific company depending on the industry.

What is the Internal Responsibility System (IRS)?

The legal duties and responsibilities of employers, supervisors and workers overlap and complement each other. Together, they create what’s known as the internal responsibility system or IRS. Learn more by visiting the MOL’s website about IRS.

Simply put, the IRS means everyone in the workplace has a role to play and a duty to actively ensure workers are safe. Every worker who sees a health and safety problem such as a hazard in the workplace has a duty to report the situation to management. Once a hazard has been identified, the employer and supervisor have a duty to look at the problem and eliminate any hazard that could injure workers.

How many First Aid certified staff does my workplace require?

​Yes, under the law an employer must do everything possible to protect their workers Red Cross First Aid Requirements for your workplace

LEVEL C – Ideal for workplaces, the general public, and for those required to have training for emergencies involving all ages. The course content includes CPR techniques for adults, infants, children and one and two-rescuer situations, choking procedure for all ages, artificial respiration, barrier devices and AED (Automated External Defibrillation) training.

The Difference between Emergency and Standard First Aid
Emergency – Emergency First Aid is designed for the general public and to meet workplace safety needs. Course content covers the roles and responsibilities of the First Aid provider, unresponsive casualty management, casualty management – conscious with head/spinal injury, adult resuscitation – choking, Cardio Pulmonary Resuscitation (CPR), severe bleeding, wound care, medical conditions, and Automated External Defibrillation (AED). This course meets the Occupational Health and Safety requirements in the province of Ontario for workplaces with less than 5 employees.

Standard – Standard First Aid training includes all that is offered in Emergency First Aid as well as secondary survey, bone & joint injuries, eye injuries, environmental illness, chest injuries, poisoning, multiple casualty management and rescue carries. This course meets the Occupational Health and Safety requirements in the province of Ontario for workplaces with 5 or more employees.

What Course Should I Take for the Workplace?

1. We have a very small number of employees where I work and it is an adult only environment do we have to have training in First Aid?
For Workplaces with less than 5 employees, the Occupational Health and Safety Act states that the company is required to have one employee on every shift to be trained to the Emergency Level with CPR A & AED. We always recommend having at least 2 employees trained so that you are covered during the times an employee is away for lunch breaks, vacations and other leave.

2. We have more than 5 employees where I work. What course should I take?
For Workplaces with more than 5 employees, the Occupational Health and Safety Act states that the company is required to have one employee on every shift to be trained to the Standard Level with CPR A & AED. We always recommend having at least 2 employees trained so that you are covered during the times an employee is away for lunch breaks, vacations and other leave.

How long are my training certificates valid for?

  • Lift Truck (forklift) Operator theory – 3 years
  • Overhead Crane – 3 years
  • Aerial LIft – 3 years
  • WHMIS 2015 – reviewed yearly
  • Violence & Harassment + Sexual Harassment – 3 years
  • Confined Space – 3 years
  • Working at Heights (construction) – 3 years
  • Fall Arrest (non construction) – 3 years
  • JHSC Part 1 & Part 2 – 1 day refresher training every 3 years
  • TDG – 3 years
  • Standard First Aid – 3 years
  • Lockout/Tagout – 3 years
  • Respirator Training & Fit Testing – 2 years
  • Emergency Response – yearly review
  • Worker/Supervisor Awareness Training – once complete it does not expire

Where does training take place?

We run regular monthly safety training classes at our Stoney Creek training facility which you can view here.

We can also provide any of the training courses at your location in a group setting. We only require a classroom type setting and a blank wall or screen for the PowerPoint presentation.

Group training is the most cost effective way to have all your workers trained in a timely matter. We can also put together custom training programs which are specific to your needs and requirements.

Contact us for more details.

What is the difference between 'Qualitative' & 'Quantitative' Respirator Fit Testing?

‘Qualitative’ fit testing is a straight pass/fail method that relies on the subject’s sensory response to detect a challenge agent.
‘Quantitative’ fit testing is a test method that uses an instrument to assess the adequacy of the respirator fit.
At Bullivant Health + Safety we provide the ‘Qualitative’ fit test method. Fit testing must be done every 2 years and participants must be clean shaven along the jaw line in order for an accurate fit test to be conducted. Contact us for more details.

Can I get your trainer here tomorrow for training?

We realize that you have a busy schedule and although most of the time our trainers are usually booked one to two months in advance, there are times where I can have a trainer at your facility the next day. We’ll do everything possible to accommodate your specific needs.
It’s important to remember that if you require training at your facility for your group you should be booking the date as soon as possible to ensure you get the date of your choice.
Also remember that if you do reserve a date for training you should be doing everything possible to ensure that the training does take place as it may be a month or two before we can reschedule.

What are Designated Substances?

Designation is typically reserved for substances known to be particularly hazardous to the health and safety of workers. Eleven substances have been prescribed asdesignated substances in one regulation under the Act (Designated SubstancesO. Reg . 490/09) If you workplace has any of the designated substances below they are require by law to have a Joint Health & Safety Committee in place, no matter how many employees they have.
  • Acrylonitrile
  • Arsenic
  • Asbestos
  • Benzene
  • Coke oven emissions
  • Ethylene oxide
  • Isocyanates
  • Lead
  • Mercury
  • Silica
  • Vinyl chloride

How do I know if my company falls under Federal or Provincial regulations?

As a general rule, employment falls under provincial jurisdiction, as our Constitution recognizes that “local works and undertakings”, which includes employment, is within provincial power. However, the Constitution also recognizes that certain industries are of national importance or cross provincial borders, and therefore fall under the jurisdiction of the Federal Government. Some industries recognized as falling under federal jurisdiction include:
  • Radio and television broadcasting;
  • Telecommunications;
  • Chartered Banks;
  • Airports and air transportation;
  • Shipping and navigation;
  • Interprovincial and international transportation (including trucking, rail and pipeline);
  • First Nations reserves;
  • The RCMP and the military; and
  • Federal government employees.

With legalized marijuana coming, what do we have to change in our policy and program?

When the legalization of marijuana comes into effect on October 17th, companies will have to have in place, the changes to their policies and programs stating that just like alcohol, marijuana is not allowed to be consumed on company property nor on company time.

It doesn’t have to be any more than simply substituting marijuana for alcohol in the zero tolerance policy unless your company has safety sensitive positions within the workplace. If so then a more in depth policy and program must be created specifically for these positions.

Impairment in the workplace from marijuana is a little harder to prove as opposed to alcohol. There are no instruments in place that can accurately prove impairment, they can only prove the worker has used marijuana in the past 28 days.

Managers and supervisors must tread lightly with any accusations of impairment, as once the accusation is made, it’s up to the company to now prove impairment.

Connect

905.664.4943

Get in touch to talk with a Bullivant representative about your company’s requirements or arrange services.




Yes, subscribe me to the Bullivant newsletter for helpful resources, news and offers.


What our clients have to say

The training is very informative and tackles important details of the OHSA Act and Regulations. Delivery of training is awesome!

Barbra Jane SantosHamilton, ON.

The session was very informative, and the facilitator was very knowledgeable.

Holly Tasker - Team Leader/Adult Services Worker John Howard Society of Hamilton, Burlington & Area

Both courses were great. Anthony is a great instructor, really good pace and delivery to course. It was really good. Having a good presenter/instructor makes a big difference.

David Carrigan

Thank you. Bullivant Health + Safety did a great job putting this on. The class was excellent. I thoroughly enjoyed my 3 days with Anthony. He was very informative, personable, and an all-around great guy.

Greg Bullock - Senior Buyer A&H Custom Machine / Itipack Systems
Get the training you need

Training Courses

Browse Courses
Get the training you need

Consulting

Consulting