SECTION Decision Tree. Can Compliance Date Be Set? Yes

Transcription

1 Decision Tree Contravention SUB Contravention Contravention Found Yes Contravention Suspected/ Compliance to be Assessed Immediate Danger/Hazard to a Worker Exists? Yes No Immediate Compliance Achievable? Requirement May Be Issued Issue a Stop Work Order and a Related Contravention Order Yes No Contravention Confirmed? Issue a Forthwith Order Can Compliance Date Be Set? No Yes No No Further Action Required Issue a Time-Based Order Issue a Compliance Plan Order and a Related Contravention Order Issue a Time-Based Order Once a Compliance Plan Identifies Acceptable Date Page 1 of 1

2 Ministry of Introduction SUB OBJECTIVE The objective of this policy is to provide information and instruction for the consistent application of orders and requirements under the Ministry of s (MOL) health and safety legislation. APPLICATION This policy and procedure applies whenever contraventions of the Occupational Health and Safety Act (OHSA) and its regulations are found or when an Inspector issues a requirement to a workplace party. PRINCIPLES When an Inspector writes an order, he/she must enter the order directly onto the INB system at the time of inspection during the field visit. The exception to this is when/if there are technical difficulties and the Inspector is unable to use their laptop computer during the field visit. In this case, the Inspector is required to hand-write the order manually on the preprinted carbon-based paper form to be entered onto the INB system as soon as possible. The policy and procedure for orders and requirements will guide the Inspector through the process from the time a contravention is found until compliance is achieved. When an Inspector finds a contravention, he/she shall issue an order unless the contravention is merely technical. When an Inspector issues a verbal order, that order shall be confirmed in writing. Time based orders and orders with an unknown compliance date must be accompanied by a Notice of Compliance form which is used to confirm a compliance date. When the MOL receives the Notice of Compliance form from the employer, the information must be entered into the INB system and a copy filed in the Premise/Project Report file kept in the regional offices of the MOL. The Publications Unit of MOL should be contacted to ensure you have the most current updated version of this document. Page 1 of 3

3 Ministry of Introduction SUB When an Inspector suspects a contravention or requires more information, s/he may issue a requirement. must contain four mandatory elements. Orders must contain six mandatory elements and be written clearly, so all workplace parties can understand them. Inspectors will need to edit the INB material to accomplish this. The narrative portion of the Premise/Project form must be used when conveying additional information to the contravener. A narrative note is not to be written below the body of the order in the order section of the Premise/Project form. Any order and/or the decision not to write an order may be appealed by workplace parties. Inspectors may rescind the original order if it is deemed inappropriate. Inspectors may grant an extension or change to a previously assigned order compliance date upon receipt of a written request signed by management and a worker representative without changing the original date, in accordance with this module. When visiting a workplace to verify compliance with an order, the Inspector shall not issue a new order if the original order has not been complied with, but he/she shall note, in the narrative of the Premise/ Project Form, that the order has not been complied with and refer to the Prosecution Module of this Manual on how to proceed with a prosecution when failing to comply with an order. When the Inspector issues an order to a worker, a supervisor or a subcontractor, the Inspector should consider issuing a corresponding order to the employer. In the Construction Health and Safety Program (CHSP), if the Inspector issues an order to a worker, a supervisor or an employer, the Inspector should consider issuing an order to the constructor. The Publications Unit of MOL should be contacted to ensure you have the most current updated version of this document. Page 2 of 3

4 Ministry of Introduction SUB There are six mandatory elements which must be included in an order. They are: 1. the contravener s name, 2. the section of the legislation contravened, 3. the compliance date, if known 4. the nature of the contravention, e.g. punch press with no guard, 5. the action required, e.g. guard the punch press, and 6. the location of the contravention; e.g. s/w corner of room. To gather information, or determine compliance or identify a contravention or contravener, an Inspector often relies on his/her powers under section 54 of the OHSA and may issue a requirement. There are four mandatory elements which must be included in a requirement. They are: 1. recipient of the requirement, 2. the applicable section of the legislation, 3. the compliance date, if known 4. the nature of the requirement, e.g. conduct noise assessment (specify area), and/or the action required (provide documents). The Publications Unit of MOL should be contacted to ensure you have the most current updated version of this document. Page 3 of 3

5 Ministry of Definitions SUB The "OHSA" refers to the Occupational Health and Safety Act. "Legislation" refers to any act or regulation under which an Inspector may issue an order. The applicable legislation is listed in the Introduction to this manual. An "order" is a legal direction issued to workplace parties that have duties as defined under the OHSA. Orders are issued pursuant to legislation, with respect to an activity, which must take place or cease. A requirement is a legal direction issued to workplace parties notifying them of their obligation to co-operate with an Inspector and provide information as specified by that Inspector. Premise/Project Report Form is the identified name in INB for Field Visit Report. The Publications Unit of MOL should be contacted to ensure you have the most current updated version of this document. Page 1 of 1

6 Ministry of Orders SUB Types of Orders 1. Forthwith Order: An order issued under a provision of the Occupational Health and Safety Act (OHSA) or regulation that is being contravened. A Forthwith order requires compliance measures to begin immediately. Compliance must be achieved by the time the Inspector leaves the workplace. Authority to issue a forthwith order comes from section 57(1) of the OHSA. 2. Time-based Order: An order issued under a provision of the OHSA or regulation that is being contravened. A time-based order specifies the time within which compliance must be achieved. Time orders fall into two general categories: - (Compliance date known). Compliance deadline established during the field visit. - (Compliance date not known). Compliance deadline not known during the field visit. Authority to issue a time-based order comes from section 57(1) of the OHSA. 3. Compliance Plan Order: An order issued under a provision of the OHSA or regulation that specifies the date by which a compliance plan must be received by the MOL. The compliance plan will specify how the contravener will comply with the related contravention order, and the date for compliance. Authority to issue a compliance plan order comes from section 57(4) of the OHSA. 4. Stop Work Order: An order that stops a process or the use of a machine or equipment until the related contravention order is complied with. Authority to issue a stop work order comes from section 57(6)(a) or (b) of the OHSA. 5. Barrier Order: An order that forbids access to a particular area of a workplace until the related contravention order is complied with. Authority to issue a barrier order comes from section 57(6)(c) of the OHSA. Page 1 of 1

7 Ministry of Orders SUB Verbal Orders POLICY Verbal orders shall be given by the Inspector to the contravener when the contravention is identified. All verbal orders shall be confirmed in writing before the Inspector leaves the workplace at the completion of the field visit, or at the completion of the visit of an area of the workplace. PROCEDURES Inspectors may issue orders verbally while conducting a field visit. A written order shall be provided before leaving the workplace. (NOTE: It is possible for the order to be complied with by the time the Inspector completes the field visit however, there must always be written documentation of the order.) Page 1 of 1

8 Ministry of Orders SUB Written Orders POLICY Where contraventions associated with multiple pieces of equipment are found, an order must be issued for each piece of equipment. For instance, six separate orders would be written for six different punch presses that have the same type of contravention. Where multiple contraventions associated with a single piece of equipment are found, a single Stop Work Order may be issued to reference several contravention orders issued for the equipment. The Inspector must document any contraventions in his/her notebook provided by the MOL (referred to as black, police-type notebook). PROCEDURES Issue individual orders for each contravention using the appropriate sections of the regulations or the Occupational Health and Safety Act. Issue any of the five types of orders listed below: Forthwith, Time-based, Compliance Plan, Stop Work, Barrier. When an Inspector issues an order to a worker and/or a supervisor, the Inspector should consider issuing a corresponding order to the employer, licensee or person in charge of the workplace. In the Construction Health and Safety Program (CHSP), if the Inspector issues an order to a worker, a supervisor or an employer, the Inspector should consider issuing an order to the constructor. Page 1 of 1

9 Ministry of Orders SUB Contents of Written Orders POLICY There are six mandatory elements of an order. All of these elements must be included in the order section of the Premise/Project form. Orders must contain the six mandatory elements and be written clearly, so all workplace parties can understand them. Inspectors will need to edit the INB material to accomplish this. PROCEDURES The six mandatory elements in an order are: 1. the contravener s name, 2. the section of the legislation contravened, 3. the compliance date, if known 4. the nature of the contravention, e.g. punch press with no guard, 5. the action required, e.g. guard the punch press, and 6. the location of the contravention; e.g. s/w corner of room. The first three elements are mandatory fields and are pre-printed in the order section of the Premise/Project Form, when the INB is used. The last three mandatory elements must be included in the body of the order. Therefore, the Inspector is required to edit the text in the INB drop down order accordingly to include the nature and location of the contravention and the action required. To convey additional information to the contravener, the Inspector shall use the narrative portion of the Premise/Project form. The Inspector shall not write notes below the body of the order, in the order section of the Premise/Project form. Page 1 of 2

10 Ministry of Orders SUB Contents of Written Orders Example of Forthwith order Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type Code ActReg Year Sec. sub Clause Sec. Text of Order/Requirement 1 FORT OHSA (2) i The employer shall ensure that a copy of the Act is posted at 123 Main St At the time of this inspection there was no Act posted in this workplace. Order complied with at time of visit. Comply by Date Example of Time-based order Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type Code 1 TIME Reg. 851 ActReg Year Sec. sub Clause Sec. Text of Order/Requirement b The employer shall ensure that the compressed gas cylinders of oxygen stored in the warehouse are secured in position. During this inspection it was observed that all the oxygen cylinders were not securely stored in the warehouse. Comply by Date June 15, 2008 (Example) Page 2 of 2

11 Ministry of Orders SUB Distribution of Written Orders PROCEDURES Review written orders with the contravener(s) - (e.g., constructor, employer, licensee, owner, supervisor, and/or worker). Obtain management and worker health and safety representative signatures on the Premise/Project Report form and distribute to the contravener(s) and workplace parties. Where it may be impractical to hand the order to the contravener during or at the end of the inspection (e.g., underground), advise the contravener that the order will be left at a pre-arranged location. Inform the constructor or employer that they are required to post a copy of the order(s) in a conspicuous place or places at the workplace where it is most likely to come to the attention of workers, and provide a copy to the health and safety representative or the Joint Health and Safety Committee, if any. Give the Notice of Compliance Form to the owner, constructor, employer, licensee or person in charge of the workplace. Request that the constructor or employer and a worker committee member or health and safety representative (if any) sign and submit the Notice of Compliance Form to the local MOL office within three working days of compliance. Inform the constructor or employer that they are required to post a copy of the completed Notice of Compliance Form along with the order(s) in a conspicuous place or places at the workplace where it is most likely to come to the attention of workers. Page 1 of 1

12 Ministry of Orders SUB Issuing Forthwith Orders POLICY A Forthwith Order requires compliance measures to start immediately and be completed by the time the Inspector leaves the Premise/Project form (e.g., securing a compressed gas cylinder). PROCEDURES The Inspector shall: Issue a Forthwith order on the Premise/Project form where compliance is achieved during the field visit; and Confirm that compliance has been achieved prior to leaving the Premise/Project form and indicate this in the narrative portion of the Premise/Project form. The required signatures by workplace parties will be considered as notice of compliance with a Forthwith Order. Example of Forthwith Order Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type Code 1 FORT Reg 851 ActReg Year Sec. sub Clause Sec. Text of Order/Requirement (e) The employer shall ensure that workers exposed to the hazard of injury from skin contact with acid wear impermeable gloves. At the time of this visit the workers located in the maintenance shop basement level were observed not wearing impermeable gloves. Order complied with at the time of visit. Comply by Date Page 1 of 1

13 Ministry of Orders SUB Issuing Time-Based Orders POLICY Time-based orders fall into two general categories: Compliance date known (date established at time of the field visit), or Compliance date not known. In this case, the time-based order MUST be accompanied by a Stop Work, a Barrier, or a Compliance Plan order. PROCEDURES The Inspector shall: issue a time-based order on the Premise/Project form when compliance must be achieved by a specific date, where neither a Stop Work Order nor a Forthwith Order is appropriate. issue a time-unknown order on the Premise/Project form when the compliance date cannot be specified. When issuing the timeunknown order, you must issue a companion order under section 57(4) for a compliance plan or 57(6)(a)(b) or (c) for Stop Work/Barrier Order. Where time has been given to fix a contravention which is a hazard to a worker the Inspector shall, where applicable, issue an order for interim protection of workers. For example, orders may be issued for temporary protective measures (such as a respirator) until the employer is able to achieve compliance with the time-based Order for ventilation. Page 1 of 3

14 Ministry of Orders SUB Issuing Time-Based Orders Example of Time Based Order Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type Code ActReg Year Sec. sub Clause Sec. Text of Order/Requirement 1 TIME OHSA (32) The employer shall post and keep posted at the workplace the names and work locations of the committee members. At the time of this visit the names and work locations were not posted. Comply by Date June 9, 2008 (example) Example of Time Based Order Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type Code ActReg Year Sec. sub Clause Sec. Text of Order/Requirement 1 TIME OHSA (b) The employer shall ensure that the point of operation fume extractor unit, located in the welding department, is maintained in good condition. At the time of this visit the fume extractor was not functional. Comply by Date June 28, 2008 (example) Page 2 of 3

15 Ministry of Orders SUB Issuing Time-Based Orders Example of Interim Protection Order Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type Code ActReg Year Sec. sub Clause Sec. Text of Order/Requirement 1 TIME OHSA (h) The employer shall take every precaution reasonable to protect workers from exposure to contaminants above the OELs by other means until the fume extractor is maintained in good condition. At the time of inspection the fume extractor was not functional. Comply by Date June 10, 2008 Page 3 of 3

16 Ministry of Orders SUB Issuing Compliance Plan Orders POLICY A Compliance Plan order is issued with a related contravention (companion) order when a plan is needed to specify how and when the contravener will comply with the related contravention order. Upon receiving notification of compliance with the compliance plan order, the Inspector will make a field visit to complete the contravention order with the compliance date established by the compliance plan. PROCEDURES Issue a time-unknown order on the Premise/Project form when the compliance date cannot be specified. Issue a plan order under Section 57(4) of the Occupational Health and Safety Act (OHSA). When issuing a time-unknown order, the inspector must issue a companion order. The order requires the employer/constructor to submit a compliance plan identifying the items that will be completed and date when those items will be completed by as required in the plan. Issue orders for interim protection of workers until compliance with the contravention order can be achieved. Conduct a follow up field visit to: a) Ensure the plan has been completed by the compliance date and if not, follow guidelines for non-compliance; b) Review the compliance plan and ensure that the compliance plan or schedule provides for the earliest possible compliance date. This may be confirmed by consulting with MOL technical, professional or other staff and by discussing the plan with the constructor/employer, the worker members of the joint health and safety committee (if any) or worker health and safety representative(s) (if any); c) Once the compliance plan has been reviewed, and the inspector is satisfied the date(s) set out in the compliance plan are appropriate, mark the compliance plan order as complete; Page 1 of 3

17 Ministry of Orders SUB Issuing Compliance Plan Orders d) Issue the contravention order as a time based order with the compliance date established by the plan and/or the inspector; e) Interim deadlines for a complex compliance plan may be shown in the text of the order where appropriate; and f) Review interim protection measures with the employer. Example of Time Unknown Order Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type ActReg Year Sec. Clause Text of Order/Requirement Code sub Sec. 1 TIMU OHSA The employer shall ensure that at least one member of the Joint Health and Safety Committee representing workers is a certified member at the workplace. Presently, there is no certified JHSC worker member at this workplace. Comply by Date Example of Compliance Plan Order Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Type Code ActReg Year Sec. sub Clause Sec. Text of Order/Requirement 2 PLAN OHSA The employer shall prepare and submit to the Ministry of a written compliance plan specifying how and when the employer intends to achieve compliance with order # 1 of this report. Comply by Date June 9, 2008 (example) Page 2 of 3

18 Ministry of Orders SUB Issuing Compliance Plan Orders Example of Related Time-based Order Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type Code ActReg Year Sec. sub Clause Sec. Text of Order/Requirement 1 TIME OHSA The employer shall ensure that at least one member of the Joint Health and Safety Committee representing workers is a certified member by Sept. 9, 2008, as established by constructor/employer compliance plan in response to order #2 issued on field visit report # Presently there is no certified JHSC worker representative. Comply by Date Sept. 9, 2008 (example) Page 3 of 3

19 Ministry of Orders SUB Issuing Stop Work and Barrier Orders POLICY A Stop Work Order is issued with a related contravention (companion) order to rectify a contravention that is a dangerous/hazardous situation to the health and safety of workers. Examples of immediate hazard situations requiring an order to rectify the contravention and a Stop Work Order include, but are not limited to, the following: workers exposed to unshored or improperly-sloped excavation walls, falling hazards, electrical hazards, worker access to the die area of a punch press, or, inadequate ventilation in a mine. PROCEDURES Issue a time unknown order on the Premise/Project form when the compliance date cannot be specified. When issuing the time unknown order, the Inspector must issue a companion stop work/barrier order. TYPES OF STOP WORK/BARRIER ORDERS Stop Work/Barrier Orders are issued under the following clauses: 57(6)(a) issued regarding a place, equipment, machine, device, article, or thing or any process or material 57(6)(b) issued regarding the work at the workplace and must be withdrawn or cancelled by an Inspector 57(6)(c) issued to clear and/or prevent access by a worker to a work area. Page 1 of 4

20 Ministry of Orders SUB Issuing Stop Work and Barrier Orders If the order is issued under 57(6)(a), the operation of the specific machinery/equipment shall stop until the identified contravention has been rectified. When a Stop Work Order is issued under 57(6)(b), the operation of the specific machinery/equipment/process shall stop until the identified contravention has been rectified and the order is withdrawn or cancelled by an Inspector. If the order is issued under 57(6)(c), the workplace or part of the workplace where the contravention exists has to be isolated to prevent worker access until the contravention has been rectified. NOTE: The INB drop down wording for Stop Work order must be edited to match the related contravention order. Example of Companion Order to the Employer Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type Code 1 TIMU Reg 851 ActReg Year Sec. sub Clause Sec. Text of Order/Requirement The employer shall ensure that the Cincinnati punch press (model M876, serial number876579) situated in the northeast corner of the production area, is equipped with a guard or other device which prevents worker access to the pinch point in the die area. At the time of visit no guard was in place. Comply by Date POSTING OF NOTICE In accordance with Section 57(9) of the Occupational Health and Safety Act (OHSA), an Inspector may, where appropriate, affix to the workplace or equipment a notice (generally referred to as a stop work tag). Page 2 of 4

21 Ministry of Orders SUB Issuing Stop Work and Barrier Orders Example of Stop Work Order Section 57(6)(a) Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type ActReg Year Sec. Clause Text of Order/Requirement Code sub Sec. 2 STOP OHSA (a) The employer shall ensure that all use or productive work on the Cincinnati punch press (model M876, serial number ) shall stop and the work be discontinued until a guard is installed. As stated in order #1, no guard was in place at the time of this visit. Example of a Companion Order to the Employer Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type Code ActReg Year Sec. sub Clause Sec. Text of Order/Requirement 1 TIMU REG (1) The employer shall provide a guardrail system that meets the requirements of this section and its subsections to the perimeter of the floor at the northeast corner of the 2nd floor of this project. At the time of this inspection there were no guardrails to in place to protect workers from falling. Comply by Date Page 3 of 4

22 Ministry of Orders SUB Issuing Stop Work and Barrier Orders Example of Stop Work Order Section 57(6)(b) Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type Code ActReg Year Sec. sub Clause Sec. Text of Order/Requirement 1 STOP OHSA (b) The above contravention is a danger or hazard to the health and safety of workers having access to the northeast corner of the second floor. All productive work shall stop until order #1 is complied with and the Stop Work order is withdrawn by an Inspector. Comply by Date Affix the Notice in a conspicuous place near the contravention where it is most likely to come to the attention of the affected worker(s). The notice is not be used as a lock to stop the use of equipment, but as a visible indication that a stop work order has been written. No person except an Inspector shall remove such notice unless authorized to do so by an Inspector. Where a Notice cannot be affixed in a manner to ensure it comes to the attention of a person entering the area subject to a Barrier Order (57(6)(c)), and the employer has complied by isolating the area with barricades, fencing or other means, the Inspector may in addition use the "Ministry of Stop Work Do Not Enter" tape. Page 4 of 4

23 Ministry of Orders SUB Order Compliance and Follow-up POLICY While it is a constructor or employer who submits a Notice of Compliance form to the MOL, it is the Inspector who determines that compliance has been achieved. The Notice of Compliance can be in the form of a letter or a Notice of Compliance Form mailed or faxed to the issuing Inspector s office. Either must be signed by both management and worker representatives. All Stop Work orders issued shall be followed up by an Inspector by conducting a field visit to verify compliance. There must be a record of all order compliance activity placed in the company Premise/Project file and entered in the INB system. PROCEDURES Inspectors are to conduct follow-up field visits where appropriate, to verify compliance. These field visits are linked to the same case as the original visit. For additional information, see the Field Visit Module. Inspectors are to obtain a signed Notice of Compliance Form for all Timebased and Time Unknown orders when compliance is achieved. A signed Notice of Compliance Form is not required for forthwith orders. Compliance with forthwith orders must be confirmed and noted in the field visit Premise/Project form prior to leaving the workplace. When the Inspector receives a Notice of Compliance form, the Inspector must verify the Constructor/Employer Org. ID. Number, Field Visit Number, and that the information indicates compliance. Date and sign the form, and follow procedures in the INB system for Order Compliance to change the order status to complied with. File the Notice of Compliance form with any supporting documentation in the Premise/Project file. Page 1 of 2

24 Ministry of Orders SUB Order Compliance and Follow-up Additional supporting details must be recorded in the Inspectors notebook provided by the MOL (referred to as a black, police-type notebook), including how and when the Notice of Compliance was received, how the Inspector verified compliance, and whether a phone call or field visit was made to the workplace to verify compliance. If the Inspector does not receive the Notice of Compliance Form by the comply by date, or if the Inspector receives the information, but the form: fails to indicate compliance, is missing a required signature, or requires clarification the Inspector must conduct a follow-up field visit. Telephone notification of compliance will not be accepted. Request that the properly completed Notice of Compliance Form be submitted to the Inspector s office. Page 2 of 2

25 Ministry of Orders SUB Extension of an Original Compliance Date EXTENSION OF AN ORIGINAL COMPLIANCE The order containing the compliance dead-lines shall not be altered on subsequent visits unless documentation signed by management and a worker health and safety representative, provides reasonable grounds for the delay. The inspector shall note in the narrative the reason for the extension. The Inspector should note new date in the Narrative. Page 1 of 2

26 Ministry of Orders SUB Extension of an Original Compliance Date Sample narrative for extending the original compliance date for orders/plans Ministry of Operations Division Occupational Health and Safety Premise/Project Form Narrative Continuation Premise/Project Name P/P ID Visit Date Case ID FV No. Page 3 of 5 COMPANY NAME June Person(s) Contacted: Mr. John Doe Mrs. Jane Doe Ms. J. Doe Plant Systems Manager Union Representative Worker JHSC Representative The purpose of this visit is to follow-up on orders issued to the employer on June 9, 2008, during field visit # The compliance date set for order # was June 28, At this time the employer is requesting an extension to the original compliance date, to July 31, The employer has provided a plan outlining the measures in place to ensure the health and safety of workers is addressed during this extension period. The (JHSC/worker representative) have been consulted and are in agreement with this request. The following documents related to this request have been provided by the employer and will be included in the (premise/project) file: Recipient Name Title Inspector Date Name of Inspector Occupational Health and Safety Officer Provincial Offences Officer 1201 Wilson Ave 2 nd Floor Building #. Downsview, Ont M3M 1J XXXX Fax # XXXX Name Title Signature Signature Signature Worker Representative You are required under the Occupational Health and Safety Act to post a copy of this report in a conspicuous place at the workplace and provide a copy to the health and safety representative or the joint health and safety committee if any. Failure to comply with an order, decision or requirement of an inspector is an offence under Section 66 of the Occupational Health and Safety Act. You have the right to appeal any order or decision within 30 days of the date of the order issued and to request suspension of the order or decision by filing your appeal and request in writing on the appropriate forms with the Ontario Relations Board, 505 University Ave., 2 nd floor, Toronto, Ontario M5G 2P1. You may also contact the Board by phone at (416) or (toll free), mail or by website at http// for more information. (Inspectors may want to include a note that section 66 of the OHSA noncompliance was discussed with employer). Page 2 of 2

27 POLICY Order Follow-up SUB Lifting of Stop Work Order An Inspector, following receipt of a Notice of Compliance Form or a phone call requesting that a Stop Work Order be lifted/removed, shall determine if compliance has been achieved by conducting a follow-up field visit as soon as it is practicable. A follow-up field visit shall be conducted to: verify compliance, remove tags or barrier tape if applicable, and lift a Stop Work Order. Following notification of compliance by the constructor/employer (subsection 57 (7) of the Occupational Health and Safety Act (OHSA)) and verification of compliance by: a worker committee member, or a worker safety representative, work may resume pending a follow up visit by the Inspector to determine if compliance has been achieved. Note: If the Inspector who issued the Stop Work Order is unavailable, an alternate Inspector may lift the Stop Work Order as directed by the Manager. In some cases when the workplace parties notify the MOL that compliance has been achieved and the Inspector is unable to immediately attend the workplace, the Inspector, following consultation with both a management and worker representative, may allow the employer to resume work prior to an Inspector attending at the workplace to confirm compliance as per Section 57(7). A Stop Work Order may stay in effect indefinitely if the machine or equipment is never put back into service. The status of a Stop-Work order should be reviewed during any subsequent field visits or at minimum on an annual basis by either a phone call or field visit. Page 1 of 2

28 PROCEDURES Order Follow-up SUB Lifting of Stop Work Order If an Inspector receives a telephone request for the withdrawal of an order issued under clause 57 (6)(a), (b) or (c), subsection 57(8) or for the removal of a notice posted under subsection 57(9) of the OHSA, the inspector shall follow the steps below: a) note the time and date the request was made in the notebook provided by the MOL (referred to as the black, police type notebook), b) consult with the employer, and worker representative(s) if any, c) conduct a follow-up field visit to determine if compliance has been achieved. Subsequent to the telephone notification or submission of compliance form, the Inspector shall conduct a follow up visit to determine compliance where: a) compliance has been achieved with a Stop Work Order, remove the Notice (if applicable) and note this in the Premise/Project form. The Notice (Stop Work Tag) must be filed in the Premise/Project file; b) compliance has not been achieved, leave the Notice or Barrier in position (if applicable), and the Stop Work Order in place. Note that the order is still in effect, and notify the employer and worker representative (if any) that compliance has not been achieved. Where the Stop Work/Barrier Order is being contravened, note this in the Premise/Project form and a) consider the appropriateness of initiating injunction proceedings by consulting with the Manager/RPC and LSB, b) refer to the Operations Division Policy and Procedure on prosecutions. A Notice (Stop Work Tag) may only be removed by an Inspector. A signed compliance form submitted to the Ministry allows the employer to resume work pending the decision of the Inspector. Page 2 of 2

29 Order Follow-up SUB Decision Trees Forthwith orders (Issued under the authority of section 57(1)of the OHSA) Inspector observes contravention and identifies it to employer Inspector issues verbal order to employer Employer corrects contravention forthwith (before end of field visit) Yes No Issue Forthwith Order in writing Issue Time-Based or Stop Work Order, as appropriate Consider Prosecution Page 1 of 2

30 Order Follow-up SUB Decision Trees Page 2 of 2

31 Non-Compliance with Orders SUB POLICY Where there has been a failure to comply with an order, the order will not be reissued or repeated. PROCEDURES Where an order has been previously issued and non-compliance is noted on a subsequent visit, the Inspector shall: 1. Follow INB protocol for Notices. Write the details of noncompliance below the text of section 66 of the Occupational Health and Safety Act (OHSA). 2. Consider issuing a Stop Work/ Barrier Order where circumstances have changed and it is now dangerous. 3. Reference the Operations Division policy and procedure on prosecution. 4. In the case of a stop work order, consider the appropriateness of initiating injunction proceedings by consulting with the Manager/Regional Program Coordinator and Legal Services Branch. Page 1 of 1

32 POLICY Rescinding of Orders SUB Inspectors shall rescind orders where the original order is deemed inappropriate. PROCEDURES Prior to rescinding an order in the INB, the Inspector must discuss with Manager/RPC and/or Director. Every attempt shall be made to ensure that the original order is only rescinded by the Inspector who originally wrote the order. Where this is not practical, the Inspector's manager may perform this task, or direct another Inspector to do so. In the event of a disagreement between the Inspector and the Manager regarding the order, they shall discuss the order with the Regional Director who shall decide on the appropriate action. Orders should only be rescinded with the knowledge of the Inspector who originally issued them. Page 1 of 1

33 POLICY Issuing Orders to Workplaces Where There are No Sector Specific Regulations (Extended Coverage Workplaces) In workplaces where workers may be at risk and there are no sector specific regulations under which orders can be issued, orders to the employer under clause 25(2)(h) of the Occupational Health and Safety Act (OHSA) may be issued. Each failure to take every precaution reasonable in the circumstances is a separate contravention of the OHSA. Just as separate contraventions of the regulations result in a separate order for each contravention, each contravention of clause 25(2)(h) of the OHSA should be the subject of a separate order. Sector regulations such as Reg. 851, O. Reg. 213/91, O. Reg. 67/93 and Reg. 854 are enforceable only against parties at workplaces to which the sector regulation applies. An Inspector cannot order an extended coverage employer, such as one engaged in the industrial sector activity of road maintenance, to comply with the provisions of the Industrial Regulation, as this regulation applies only to industrial establishments. Furthermore, an Inspector cannot issue orders to the employer conducting road maintenance under clause 25 (2)(h) of the OHSA and reference the sections of the Construction Regulation that deal with traffic control, as this regulation applies only to projects. An order under clause 25(2)(h) of the OHSA may be supported by referring to the wording of a sector regulation or to another regulation, as evidence or guidance to the employer of what reasonable precaution the employer failed to take. This reference may be included in the narrative portion of the field visit report. No numerical reference to a section should be made. Page 1 of 4

34 PROCEDURES Issuing Orders to Workplaces Where There are No Sector Specific Regulations (Extended Coverage Workplaces) Issue an order to the employer for a contravention of clause 25(2)(h) of the OHSA where the employer has failed to take all precautions reasonable in the circumstances to protect the health and safety of the worker. Issue a separate order for each contravention. The order under 25(2)(h) is to be written in terms of the identified hazard. The employer is ordered to take reasonable precautions to address the identified hazard. Issue a separate order for each contravention. The order may be supported by referring to the wording of a sector regulation in the narrative of the Premise/Project form, as an example of what would be considered to be a reasonable precaution in the circumstances. However, the specific reference to a sector regulation, section, subsection etc. is not to be included in the body of the order or in the narrative. SCENARIO In a workplace where a specific regulation does not apply, such as a school classroom, an Inspector finds an unguarded pinch point on a machine to which the worker has access. The order is not issued under section 24 or 25 of the Industrial Regulations. The order is issued under clause 25(2)(h) of the Occupational Health and Safety Act (OHSA). An order written under section 25(2)(h) must identify the hazard in the body of the order (e.g. exposure to the pinch point on a machine). The employer is ordered to take reasonable precautions to address the identified hazard. Page 2 of 4

35 Issuing Orders to Workplaces Where There are No Sector Specific Regulations (Extended Coverage Workplaces) Example of Order where there are no Sector Specific Regulations Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Technical School Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order Type ActReg Year Sec. Clause Text of Order/Requirement No. Code sub Sec. 1 TIME OHSA (h) The employer shall take every precaution reasonable in the circumstances for the protection of workers who may be exposed to the hazard of the unguarded pinch point on the press, serial # 123 located in the machine shop classroom. At the time of this visit there was an unguarded pinch point on the press. Comply by Date June 28, 2008 Page 3 of 4

36 Issuing Orders to Workplaces Where There are No Sector Specific Regulations (Extended Coverage Workplaces) Example narrative- where there is no sector specific regulation Ministry of Operations Division Occupational Health and Safety Premise/Project Form Narrative Continuation Page 3 of 5 Premise/Project Name P/P ID Visit Date Case ID FV No. XYZ TECHNICAL SCHOOL JUNE Person(s) Contacted: Mr. John Doe Mrs. Jane Doe Ms. J. Doe School Plant Systems Manager Union Representative Worker JHSC Representative In order to comply with order #1 the employer is advised that it would be a reasonable precaution to provide a guard or other device which would prevent worker access to the pinch point described in the order. There are several Codes and Standards that can be used as guidelines in complying with the order. Reference may be made to: CSA-Z Standard -Safeguarding of Machinery CSA- Z Code for Punch Press and Brake Press Operation: Health Safety and Guarding RIA / ANSI / standard -Industrial Robots and Robot Systems If your workplace lacks the expertise needed to use this information or if your guarding requirements are complex in nature then a Professional Engineer should be consulted. The ESAO Education Safety Association of Ontario, ( , , , ) may be of assistance in determining the most appropriate method of compliance. Recipient Name Title Inspector Date Name of Inspector Occupational Health and Safety Officer Provincial Offences Officer 1201 Wilson Ave 2 nd Floor Building #. Downsview, Ont M3M 1J XXXX Fax # XXXX Name Title Signature Signature Signature Worker Representative You are required under the Occupational Health and Safety Act to post a copy of this report in a conspicuous place at the workplace and provide a copy to the health and safety representative or the joint health and safety committee if any. Failure to comply with an order, decision or requirement of an inspector is an offence under Section 66 of the Occupational Health and Safety Act. You have the right to appeal any order or decision within 30 days of the date of the order issued and to request suspension of the order or decision by filing your appeal and request in writing on the appropriate forms with the Ontario Relations Board, 505 University Ave., 2 nd floor, Toronto, Ontario M5G 2P1. You may also contact the Board by phone at (416) or (toll free), mail or by website at http// for more information. Page 4 of 4

37 Issuing Orders to Workplaces Making Reference to Standards or Guidelines SUB POLICY In workplaces where workers may be at risk and there is no specific regulatory requirement under which orders can be issued, orders to the employer under clause 25(2)(h) of the Occupational Health and Safety Act (OHSA) may be issued. While Inspectors can issue orders under clause 25(2)(h) of the OHSA to eliminate hazards that are addressed by standards such as CSA, ANSI, the Ontario Fire Code, or other standards or other regulations not directly applicable to the workplace, they cannot specifically require compliance with the standard or regulation in the order. The only exception is when the standard is written into the sector regulation under the OHSA. PROCEDURES The order under 25(2)(h) is to be written in terms of the identified hazard rather than in terms of the standard. The employer is ordered to take reasonable precautions to address the identified hazard. The order may be supported by referring to the wording of a standard, or guideline, as evidence or guidance to the employer of what reasonable precaution the employer failed to take. This reference may be included in the narrative portion of the field visit report. SCENARIO An Inspector finds that the inside of a walk-in refrigerator does not have an emergency release to allow a worker to exit if the door is closed. Even if the Inspector knows or suspects that this may be covered by the CSA Refrigeration code, this reference cannot be made in the body of the order. In the narrative portion of the field visit report the Inspector can suggest that they reference the CSA standard for Refrigeration. This should be done if the Inspector knows that this circumstance is covered by the Page 1 of 3

38 Issuing Orders to Workplaces Making Reference to Standards or Guidelines SUB standard and it may be helpful to the employer in complying with the order. Example of Order to Workplaces Making Reference to Standards Order(s)/Requirement(s) Issued to: SAMPLE ORDER To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code CARP Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order No. Type Code ActReg Year Sec. sub Clause Sec. Text of Order/Requirement 1 TIME OHSA (h) The employer shall take every precaution reasonable to provide a means of opening the door to the fridge XXX in the kitchen, from inside the unit, to protect workers from being trapped in the fridge. At the time of this visit there was no release on the fridge. Comply by Date June 28, 2008 Page 2 of 3

39 Issuing Orders to Workplaces Making Reference to Standards or Guidelines SUB Example narrative CSA code Ministry of Operations Division Occupational Health and Safety Premise/Project Form Narrative Continuation Page 3 of 5 Premise/Project Name P/P ID Visit Date Case ID FV No. XYZ COMPANY JUNE Person(s) Contacted: Mr. John Doe Mrs. Jane Doe Ms. J. Doe Plant Systems Manager Union Representative Worker JHSC Representative In order to comply with order #1 the employer is advised that it would be a reasonable precaution to provide a method or device from which a worker may exit the fridge from the inside. This may include but IS not limited to the provision of panic hardware on the inside of the door or a break out panel(s) which may be opened from the inside. Reference may be made to the CSA standard-b52 for refrigeration. The OSSA Ontario Service Safety Alliance, ( , , may be of assistance in determining the most appropriate method of compliance. Recipient Name Title Inspector Date Name of Inspector Occupational Health and Safety Officer Provincial Offences Officer 1201 Wilson Ave 2 nd Floor Building #. Downsview, Ont M3M 1J XXXX Fax # XXXX Name Title Signature Signature Signature Worker Representative You are required under the Occupational Health and Safety Act to post a copy of this report in a conspicuous place at the workplace and provide a copy to the health and safety representative or the joint health and safety committee if any. Failure to comply with an order, decision or requirement of an inspector is an offence under Section 66 of the Occupational Health and Safety Act. You have the right to appeal any order or decision within 30 days of the date of the order issued and to request suspension of the order or decision by filing your appeal and request in writing on the appropriate forms with the Ontario Relations Board, 505 University Ave., 2 nd floor, Toronto, Ontario M5G 2P1. You may also contact the Board by phone at (416) or (toll free), mail or by website at http// for more information. Page 3 of 3

40 Issuing Orders to Workplaces Which Have Their Own Guidelines or Policies but are Not Following Them. SUB POLICY Clause 25(2)(j) of the Occupational Health and Safety Act (OHSA) requires an employer to have a written occupational health and safety policy that is reviewed at least annually. A program that is developed and maintained by the employer must implement the written policy. There is no requirement for the program to be written; it can be in any form, such as video or live demonstrations. The content of the program will depend on what is reasonable in the circumstances. The employer must determine what standards, guidelines or procedures are necessary for the program to comply with the OHSA. In some cases, an employer may develop a program that describes how specific provisions of the OHSA and its regulations will be achieved in the workplace. In other cases, an employer may develop a program that exceeds the minimum standards of the OHSA. A situation might exist where an: employer s policy or program exceeds the minimum standards under the OHSA, but is not being followed, and Inspector finds that circumstances are such that workers are not being protected by the minimum standards under the OHSA. The Inspector can only issue orders to the contravenor for compliance with the minimum standards of the OHSA. If an order is issued to simply comply with the higher standards set out in the employer s own policy or program, it is possible that the employer would amend the policy and program to reflect the minimum standards imposed by the OHSA. Page 1 of 2

41 Issuing Orders to Workplaces Which Have Their Own Guidelines or Policies but are Not Following Them. SUB PROCEDURES Review any written employer policy which may exist, as per section 25(2)(j) of the OHSA, and review the program to ensure the policy s elements are captured. If the employer s program meets the OHSA requirements, is it being followed? If yes, no order is required. If the minimum standards of the OHSA are not being met, the inspector must issue an order requiring compliance with the OHSA. Disputes re: section 28 (1)(b) of the OHSA are to be discussed with the Manager/RPC. If the employer s program exceeds the OHSA requirements, is it being followed? If not, but the minimum standards of the OHSA are being met to address the hazards observed, an order is not required. Page 2 of 2

42 Ministry of Under Clauses 54 (1)(f), (k), (m), (n) and (o) SUB INTRODUCTION POLICY To gather information, or determine compliance or identify a suspected contravention or contravener, an Inspector may issue a requirement under section 54 of the OHSA. The requirement must contain four mandatory elements as follows: Mandatory Elements 1. recipient of the requirement, 2. the applicable section of the legislation, 3. the compliance date, if known and 4. the nature of the requirement, e.g. conduct noise assessment (specify area), and/or the action required (provide documents). PROCEDURES If the Inspector believes that a potential hazard exists, but is unable to establish a contravention, or the Inspector needs to confirm that a hazard has been remedied, the Inspector may issue a requirement under Clauses 54(1) (f), (k), (m), (n) and (o) of the OHSA for a report to be prepared by an engineer or other person with special expertise or professional knowledge or qualifications, as specified by the Inspector. The Inspector should consult with his/her manager and Specialized Professional Services staff (SPS) for advice on the scope and application of the report. The Inspector should consider the following key points when applying clauses 54(1) (f), (k), (m), (n) or (o): A requirement to provide a report should be used when professional or technical expertise may provide information to determine the status of compliance. A requirement for a report by a professional or other person with special expertise or professional knowledge or qualifications should Page 1 of 8

43 Ministry of Under Clauses 54 (1)(f), (k), (m), (n) and (o) SUB only be issued if the report is the only practical way for the Inspector to obtain information to assist him/her in determining whether there is a contravention or to ensure a hazard has been remedied. The requirement must clearly set out the purpose and scope of the report, the specific information the report must contain and the type of expertise or professional qualifications or knowledge a person must possess to prepare the report. DEFINITION AND APPLICABILITY OF CLAUSES POLICY Section 54(1)(c) of OHSA provides the inspector with authority to have documentation which is already in existence produced and to obtain a copy of the documentation from the employer or other workplace party. (such as: payroll records, written health and safety policy, hygiene report, certificate of qualification, etc.). Workplace parties are required, under section 62(2) of the Act, to furnish all necessary means to assist an inspector in the performance of the inspector s duties. Clause 54(1)(f) Clause 54(1)(f) is more general than clauses 54 (1)(k), (m), (n) and (o) in that it does not specify the type of information an employer can be required to include in the report or assessment. When using this clause, Inspectors must be very specific in identifying the information to be included in the report. Clause 54(1)(f) is also used to require an employer to conduct or take certain tests, and to provide a report on those tests. The tests can be of any equipment, machine, device, article, thing, material or biological, chemical, or physical agent in or about a workplace. Clause 54(1)(f) allows the Inspector to specify the professional knowledge or qualifications of a person who will carry out the test and provide a report or an assessment of the test. Because clause 54(1)(f) uses the words person possessing such special experience or professional knowledge, Inspectors cannot specify that the tests be carried out by an Page 2 of 8

44 Ministry of Under Clauses 54 (1)(f), (k), (m), (n) and (o) SUB organization, (e.g. the Canadian Standards Association or the Electrical Safety Authority). A written requirement under clause 54(1)(f) of the OHSA should not be written in the investigation of a fatality, critical injury or work refusal. In this case the Inspector should discuss options for hiring an external consultant with his/her manager. Clause 54(1)(k) Clause 54(1)(k) is used to require an employer to have equipment, machinery or devices (which may have been damaged or involved in an accident) tested by a professional engineer, and to provide a report prepared by the engineer stating that the tested item is not likely to endanger a worker. under this clause could be issued after an MOL investigation has been completed and before a piece of equipment is returned to service. A requirement under clause 54(1)(k) is often issued in conjunction with a second requirement, under clause 54(1)(l), to not use the equipment pending the testing and review of the engineer s report by the Inspector/SPS staff. This provision can only be used to require the testing of equipment, machinery or devices. This provision cannot be used, for example, to require testing of a room s atmosphere, a structure, a chemical process or a chemical product. Where section 51 (2) of the Act does not apply the Inspector may utilize 54(1)(k) and 54(1)(l) of the Act and require that a workplace or part thereof not be disturbed for a reasonable period of time for the purposes of carrying out an examination, investigation or test. Clause 54(1)(m) Clause 54(1)(m) allows an Inspector to require an owner, constructor or employer to provide a report prepared by an engineer on the adequacy or load limit of a floor, roof, temporary work, building or structure. Page 3 of 8

45 Ministry of Under Clauses 54 (1)(f), (k), (m), (n) and (o) SUB Clause 54(1)(n) Clause 54(1) (n) allows an Inspector to require an owner of a mine or part thereof, to provide, at the owner s expense, a report in writing bearing the seal and signature of a professional engineer stating that the ground stability of the mining methods and the support or rock reinforcement used in the mine or part thereof is such that a worker is not likely to be endangered. Clause 54(1)(o) Clause 54(1)(o) allows an Inspector to require an owner, constructor, employer, manufacturer, producer, importer, distributor or supplier to produce or have a person with the specific knowledge produce a report on the biological, chemical or physical agent present in the workplace. PROCEDURES Clause 54(1)(c) The Inspector may issue a requirement for the employer or other workplace party to produce any drawings, specifications, license, document, record or report already in existence under clause 54(1)(c) of the Act. Clause 54(1)(f) Under Clause 54(1)(f) an Inspector may issue a requirement for technical tests to be done by a specified date. Prior to issuing the requirement the Inspector should consult with the appropriate Manager/RPC or SPS for advice. When issuing a requirement for a report or assessment under clause 54(1)(f), the Inspector must specify: the equipment, machine, device, article, thing, material or biological, chemical or physical agent to be tested, the type of tests to be carried out, the work or production conditions and workplace environmental conditions under which the tests or air sampling are to be conducted, Page 4 of 8

46 Ministry of Under Clauses 54 (1)(f), (k), (m), (n) and (o) SUB details of air sampling to be carried out, location(s) of work department(s), area(s), process(es), and operations for which the tests or air sampling are to be conducted, specific jobs or occupations of workers for which the tests or air sampling will be conducted, critical time when the tests or air sampling will be conducted, the special expertise or professional knowledge or qualifications of the person who will carry out the tests and write the report or assessment. The stipulation could be specific, such as requiring a chemist, a professional engineer, a hygienist or an ergonomist, or it could be qualitative, such as a person with expert knowledge of the operation and maintenance of a hydraulic brake press, reason for cause of failure when appropriate. Upon receiving the report, the Inspector should forward it to the appropriate member of the SPS, who will review it to ensure it includes all the required information. If the review indicates that a contravention of the OHSA or its regulations exists in the workplace, the SPS member will inform the Inspector. The Inspector will then issue the appropriate order to address the contravention in consultation the SPS staff. SCENARIO During an Inspection, an Inspector notices workers having to raise their voices to hear above the noise. The Inspector learns that the workplace has never conducted a noise assessment. Since the Inspector has no direct evidence that the equivalent sound exposure level of 85 dba has been exceeded and the employer has not taken steps to make a similar determination, more information is required to determine if a contravention exists. The Inspector will issue a requirement under section 54 (1)(f) requiring the employer to have testing conducted. Page 5 of 8

47 Ministry of Under Clauses 54 (1)(f), (k), (m), (n) and (o) SUB Sample of 54 (1)(f) Order(s)/Requirement(s) Issued to: SAMPLE requirement To XYZ Company (1) Mailing Address Org/Ind Role EMPLOYER Org/Ind ID No Trade Code Telephone No.. (905) Postal Code Z1Z 1Z1 123 MAIN ST ABBE ON Order(s)/Requirement(s) Description You are required to comply with the order(s)/requirement(s) by the dates listed below. Remember that while complying with occupational health and safety laws you are also required to comply with applicable environmental laws. Order Type Act/Reg Year Sec. Clause Text of Order/Requirement No. Code sub Sec. 1 REQ OHSA (f) The employer shall conduct a noise assessment of the workplace (specify area) and provide a written report to the Inspector, summarizing area sound levels in the workplace and workers 8-hour time weighted average exposure (L ex8 ). This report must be prepared by, or under the direction of, a person qualified by education and experience to assess noise exposure. Comply by Date June 28, 2008 Clause 54(1)(k) When issuing a requirement for a report under clause 54(1)(k), the Inspector must specify: the specific equipment, machinery or device to be tested and its location in the workplace that the person performing the testing and preparing the report must be a professional engineer licensed in Ontario that the report must bear the seal and signature of the professional engineer that the report must contain a statement indicating that the tested equipment, machine or device is not likely to endanger a worker. Clause 54(1)(k) does not give the Inspector authority to require that the report contain a detailed analysis of the equipment, or the reason for the failure of a part of the equipment. This authority may be found in 54(1)(f). When an Inspector issues a written requirement to the employer for a test of the equipment, machinery or device pursuant to clause 54(1)(k) of the Act, the Inspector will determine whether the equipment, machinery or Page 6 of 8

48 Ministry of Under Clauses 54 (1)(f), (k), (m), (n) and (o) SUB device should be used pending the test (clause 54(1)(l) of the Act). The Inspector may consult with appropriate Manager/RPC or SPS of the MOL to support him/her in making the decision. If the engineering report indicates that the equipment is likely to endanger a worker, an Inspector may issue an order under Section 57(1) of the Act. Clause 54(1)(m) When requiring a report under clause 54(1)(m), the Inspector must specify that: the person preparing the report must be a professional engineer licensed in Ontario; which floor, roof, temporary work, building or structure, or part thereof, is to be the subject of the report. The report must contain the information set out in paragraphs (i), (ii) or (iii) of clause 54(1)(m), depending on which paragraph the Inspector is issuing the requirement under. Where applicable, the Inspector should require the report under the authority of paragraph (iii) of clause 54(1)(m) and require that the information in paragraph (iii) be provided in the report. The report would consequently indicate whether the floor, roof, etc., meets the requirements of the Building Code Act. This would indicate whether the employer is in compliance with clause 25(1)(e) of the OHSA. If clause 25(1)(e) is being contravened, the Inspector should consult with SPS staff and issue an appropriate order. Clause 54(1)(n) When issuing a requirement for a report under clause 54(1)(n), the requirement must specify the exact location at the workplace, or the bounds of the area (in three dimensions) to which the requirement applies. The requirement shall specify that the report must include the following: details about the rationale upon which the opinion is based, Page 7 of 8

49 Ministry of Under Clauses 54 (1)(f), (k), (m), (n) and (o) SUB that the ground stability of the mining methods and the support or rock reinforcement used in the mine or part thereof, to which this requirement pertains, is such that a worker is not likely to be endangered. Clause 54(1)(o) Under Clause 54(1)(o) an Inspector may issue a requirement to have this report prepared by a specific time and that it includes the following: generic name of the ingredients composition toxicological effect exposure, ingestion or inhalation effects projective and emergency measure to be used in this respect the effect of the use or disposal. Page 8 of 8