THE EMPLOYERS' EDGE
Bill 160 Passes May 19, 2011
Bill 160, the McGuinty government’s overhaul of Ontario’s workplace health and safety legislation scheme, passed third reading on May 18, 2011 and is awaiting royal assent. We are also anticipating that there will be at least some grace period before employers will be expected to comply with the changes the law will bring about, but no specific timeline has been released.
Bill 160 was the result of 46 recommendations made by the Expert Advisory Panel to Lead Review of Ontario’s Occupational Health and Safety Prevention Enforcement System, and its passing introduces 29 changes combined to both the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. Among the significant effects Bill 160 will have are:
• Establish the Ministry of Labour as the lead for accident prevention, transferring that duty from the WSIB;
• Appoint a new Chief Prevention Officer to coordinate and align the prevention system;
• Create a new prevention council, with representatives from labour, employers, and safety experts, to advise the Chief Prevention Officer and the Minister;
• Give the Minister of Labour oversight of the province’s Health and Safety Associations, education, training and promotion of workplace health and safety;
• Authorize the Minister to set standards for and approve training programs and providers;
• Require training for the worker health and safety representatives;
• Permit a co-chair of the joint health and safety committee to make recommendations to the constructor or employer;
• Facilitate development of codes of practice;
• Allow for expedited resolution of reprisal complaints.
The amendments from Bill 160 affect not only each statute individually but also the balance and interaction between the two statutes. Of course, the overall effect for employers is to introduce new and more extensive obligations with respect to worker safety; employers should take the opportunity to inform themselves as to any new requirements and obligations before the anticipated grace period expires.
Our firm can assist employers in understanding and implementing these new legislative obligations and we will continue to keep you updated on implementation dates.
Please Note: This blog has been prepared as an informational service for our clients and other interested parties. It is not intended to constitute legal advice, a complete statement of the law or opinion on any subject. Although we endeavour to ensure the accuracy of the content, no one should act upon the information provided without a thorough examination of the law after the facts of a specific situation are fully considered.