WORKPLACE SAFETY AND INSURANCE BOARD MANDATORY WSIB COVERAGE

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1 November 2008 WORKPLACE SAFETY AND INSURANCE BOARD MANDATORY WSIB COVERAGE Minister Fonseca announced on October 17, 2008 that the government s intention to bring forward legislation to make WSIB coverage mandatory in this session. The legislation will go through the required legislative process. OHBA does not support legislated mandatory WSIB coverage for independent operators, sole proprietors, partners in a partnership and executive officers carrying on business in construction. Legislated mandatory WSIB coverage will not serve to promote health and safety in the construction industry and will increase underground economic activity in the residential construction sector. OHBA met with Minister Fonseca November to discuss the industry s concerns with Bill 119 (mandatory WSIB coverage for all independent operators). The Minister was quick to advise that there is a problem with the underground economy, citing an old Construction Secretariat report. He also noted that the McGuinty government has committed to invest in infrastructure to keep the construction sector strong. ONTARIO FATALITIES AND CRITICAL INJURIES (January 1 to October 31) Fatalities Critical Injuries MINISTRY OF LABOUR FATALITIES TO DATE In September/October of this year 4 workers lost their lives at work. On September 8 th a 25 year old worker installing a sprinkler system, fell from a 12 foot step ladder when the pipe anchor failed.

2 On September 15 th a 22 year old worker fell 18 ft into the basement of a home under construction, and lingered for 13 days before dying from his injuries on September 28 th. On September 24 th, a 26 year old worker died when he fell through a skylight. On October 8 th, a worker working alone operating a drill taking soil samples became entangled in the drill and died before help arrived. Forty Five percent of the critical injuries involved falls, many using ladders. MINISTRY OF LABOUR PROVINCIAL BLITZ As part of Ontario s ongoing efforts to help reduce workplace injuries, inspectors will be blitzing industrial workplaces in November to help eliminate specific electrical hazards that could lead to injuries or fatalities. Inspectors will check to ensure the power supply to electrical equipment is disconnected before work begins, written lockout procedures are available for electrical equipment and workers are protected if no practical means exists to disconnect the power. For each conviction, the court can impose a fine of up to $500,000 against a corporation convicted under the Occupational Health and Safety Act. Individuals face a fine of up to $25,000 or imprisonment of up to 12 months, or both. This initiative is part of the province s new Safe At Work Ontario blitz strategy, announced on July 23, Keeping more workers safe means increased productivity for Ontario s economy and less strain on the health care system. MINISTRY OF LABOUR TOWER CRANES The Ministry of Labour (MOL) has asked the labour management network to help improve tower crane safety in Ontario. A working group drafted proposed amendments that would strengthen the inspection requirements for the structural, mechanical and electrical components for tower cranes. The proposed amendments are available to the network for review and comment. Visit and go to the Labour Management section to download the proposal. Feedback must be submitted no by November MINISTRY OF LABOUR NEW MINISTER Ontario has a new Minister of Labour. Peter Fonseca has taken over the position from Brad Duguid. Peter Fonseca was elected to the Ontario legislature in 2003 and re-elected in Fonseca was appointed Minister of Labour in He previously served as Minister of Tourism and Parliamentary Assistant to the Minister of Health and Health Promotion. Before becoming an MPP, Fonseca was a senior performance management consultant, where he delivered highly successful strategic planning, ISO quality assurance and human resources programs for businesses and professionals. During the 1990s, he was Canada's leading marathon runner and represented Canada in the 1996 Olympics in Atlanta. Always the entrepreneur he helped launch a successful import and distribution company. WORKPLACE SAFETY AND INSURANCE BOARD OPM AND ECM POLICIES OPM policies and ECM policies are now online, accessible and free. The OPM manual is the source of operational policy for the WSIB. It contains such matters of policy and law as worker coverage, filing claims

3 benefits, early and safe return to work, labour market re-entry, re-employment obligations employer coverage, premiums, experience rating, and health care, occupational diseases. Employer Classification Manual (ECM) This manual contains the descriptions of the Classification Units (CUs) used by the Workplace Safety and Insurance Board (WSIB) to classify the business activities of employers in Ontario. The ECM is used in tandem with the Operational Policy Manual (OPM), which contains policies that the WSIB uses to make decisions about employer rights and obligations, coverage of business activities, application of The Classification Scheme, employer premiums and other related issues. CONSTRUCTION SAFETY ASSOCIATION OF ONTARIO ASBESTOS EXPOSURE An employer was fined $60,000 after workers were exposed to asbestos while renovating a building. The employer received the results three weeks after the material was first discovered. The material tested positive for 1% to 5% chrysotile asbestos. Because work continued during the three-week period, workers were potentially exposed to asbestos. Their personal protective equipment did not meet the requirements for working with asbestos and the Ministry of Labour shut down the project. If you unexpectedly find material that may contain asbestos, you should *stop work in the area *evacuate and isolate the area *notify the constructor, principle contractor, or building owner. If you are the constructor or employer, you must notify, orally and in writing, the Ministry of Labour, the owner, all contractors, and the joint health and safety committee or any health and safety representative. For what to do next, refer to Ontario Regulation 278/05: Designated Substance--Asbestos on Construction Projects and in Buildings and Repair Operations. The regulation will tell you what protective measures and controls are required. Refer to Section 10 in particular. CONSTRUCTION SAFETY ASSOCIATION OF ONTARIO CLRC The Construction Legislative Review Committee (CLRC) launched its inaugural meeting last month with proposed regulation changes related to tower crane safety. CONSTRUCTION SAFETY ASSOCIATION OF ONTARIO PCB s Environment Canada has published a new regulation on polychlorinated biphenyls (PCB s) that includes a deadline for phasing out PCB s completely. Environment Canada aims to eliminate 90 percent of PCB s in use and 100 percent of PCB s in storage by the end of CONSTRUCTION SAFETY ASSOCIATION OF ONTARIO STILTS STUDY Researchers at the University of Waterloo compared the use of stilts to the use of a bench to perform overhead work. One of the main objectives was to document the demands on a worker s joints and muscles when using stilts versus a bench. Researchers examined musculoskeletal issues such as the force exerted on lower joints when walking, standing and getting on and off each apparatus; muscular demand during use and users ability to maintain balance

4 The findings include the following. getting on and off a bench mostly affects the hip joint, getting on and off the stilts mostly affects the knee joint there are differences between walking on stilts and walking on level ground, while walking on a bench is relatively similar to walking on level ground there is no significant difference between maintaining balance on stilts versus maintaining balance on a bench, although experienced workers were able to keep their balance better than novice workers on both types of equipment CONSTRUCTION SAFETY ASSOCIATION OF ONTARIO ROOF TRUSS The Low-Rise Residential Labour-Management Health and Safety Committee have developed procedures to provide fall protection to workers during the placing and installation of roof trusses. These procedures are based on research, field tests, and accepted industry practices, and are intended to provide workers and employers with safe and productive means of performing this challenging phase of construction. For a copy of the manual please visit the CSAO website at or you can contact the OHBA office for a copy. CONSTRUCTION SAFETY ASSOCIATION OF ONTARIO RECALL/INSPECTION NOTICES Recall:MSA Dyna-Lock Self-Retracting Lanyards Users should inspect 20-ft SRLs to determine if the screws securing the handle are swaged (flattened).units with unswaged screws must be removed from services and returned to MSA for repair. Defect: North FP541 Rope Grab Clinch Nut Repetitive impact may cause the clinch nut to separate from the thumb screw. Recall: Extreme Roof Brackets Some Extreme Roof Brackets manufactured by Roofers World Inc. are being recalled because they are missing tack welds in the pins that holds the adjustable mechanism in place. If the defective brackets are used, they present a fall hazard. The bracket can fail on steep pitches when it is supporting considerable weight. CONSTRUCTION SAFETY ASSOCIATION OF ONTARIO NEW COMMITTEE A NEW Service Sector Committee will soon join Ontario s construction s labour-management network. Meetings are tentatively scheduled to begin early This committee will be a forum for workers and employers who provide maintenance services in construction.

5 CONSTRUCTION SAFETY ASSOCIATION OF ONTARIO LOCATING UNDERGROUND UTILITIES For a copy please visit the CSAO website or contact the OHBA office

6 CANADIAN STANDARDS ASSOCIATION STANDARDS ONLINE FREE VIEWING The Canadian Standards Association has put all the standards that are referenced in Canadian regulations online for free viewing. Go to then go to "View CSA OHS Standards referenced in Canadian Regulations" in the menu on the right side of the page. You will be taken to a list of regulations that you can either view or buy (you can't print them). Association has put all the standards that are referenced in Canaan TECHNICAL STANDARDS AND SAFETY AUTHORITY - TSSA For further information please visit the link below D64ECE8DD37AE085CF3C7F TECHNICAL STANDARDS AND SAFETY AUTHORITY PROPANE REVIEW Propane Safety Review Report Released on November 7, 2008 On November 7, 2008, Dr. Michael Birk and Susana Katz submitted their Report to the Honourable Harinder S. Takhar, Minister of Small Business and Consumer Services. This report sets out the findings and recommendations of the Propane Safety Review in Ontario. The Minister has released the report, for a copy please visit or call the OHBA office for a copy. F ADDITIONAL INFORMATION THE ROAD TO ZERO: A PREVENTION STRATEGY FOR WORKPLACE HEALTH AND SAFETY IN ONTARIO WSIB For a copy of this document please visit the WSIB website or contact Sajida Jiwani, Manager of Operations at the OHBA office (416) , sjiwani@ohba.ca OHBA HEALTH AND SAFETY COMMITTEE MEETING Our next committee meeting is scheduled for Monday December 8/08 at 1:00 p.m. at the OHBA office at 20 Upjohn Road Suite 101, North York. You are invited to attend our meeting. For further

7 information please contact Sajida Jiwani, Manager of Operations at the OHBA office (416) , THE BULLETIN - KEEPING MEMBERS INFORMED The Bulletin is not a comprehensive document, but the Committee believes you will find value in receiving a monthly update to health and safety related issues that will affect the residential construction industry and your business. E-SCRIPTION LIST The Bulletin is automatically distributed to all 29 local associations. Individual members can be added to the e-scription list by request through to healthandsafety@ohba.ca. Ontario Home Builders Association 20 Upjohn Road #101, North York, Ontario M3B 2V9 (416) Toll Free: Fax: (416)

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