1990, c.O.1, s.43(11). 2011, c.11, s.8(2). 2011, c.11, s.14. A secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled. (3) The power to adopt by reference and require compliance with a code or standard in paragraph 25 of subsection (2) and to adopt by reference any criteria or guide in relation to the exposure of a worker to any biological, chemical or physical agent or combination thereof in paragraph 26 of subsection (2) includes the power to adopt a code, standard, criteria or guide as it may be amended from time to time. (16) A health and safety representative or representatives of like nature appointed or selected under the provisions of a collective agreement or other agreement or arrangement between the constructor or the employer and the workers, has, in addition to his or her functions and powers under the provisions of the collective agreement or other agreement or arrangement, the functions and powers conferred upon a health and safety representative by this section. 1990, c.O.1, s.57(2). 61 (1) Any employer, constructor, licensee, owner, worker or trade union which considers himself, herself or itself aggrieved by any order made by an inspector under this Act or the regulations may appeal to the Board within 30 days after the making of the order. R.S.O. 1990, c.O.1, s. 29 (2). 1990, c.O.1, s.9 (8). 2011, c.11, s.8(2). on the date section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force continue to apply, with necessary modifications, and are deemed to be standards for the purposes of this section, until the date established by the Minister under subsection (10). [76] One Long Gully resident, ill and confined to his house, was killed in the fire despite the efforts of his neighbours to rescue him. R.S.O. 1998, c.8, s.57(1). is evidence of the order, decision, writing or document, and the facts appearing in the order, decision, writing or document without proof of the signature or official character of the person appearing to have signed the order or the certificate and without further proof. (2) The notice shall be signed by the constructor or employer and shall be accompanied by, (a) a statement of agreement or disagreement with the contents of the notice, signed by a member of the committee representing workers or by a health and safety representative, as the case may be; or. 1990, c.O.1, s.9 (6). [15] The Premier went on to state that it was expected to be the "worst day [of fires conditions] in the history of the state". (6) If the certified members do not agree whether dangerous circumstances exist, either certified member may request that an inspector investigate the matter and the inspector shall do so and provide the certified members with a written decision. (5) An owner who fails to comply with this section is liable to the constructor and every contractor and subcontractor who suffers any loss or damages as the result of the subsequent discovery on the project of a designated substance that the owner ought reasonably to have known of but that was not on the list prepared under subsection (1). 2011, c. 1, Sched. (a) at a workplace at which twenty or more workers are regularly employed; (b) at a workplace with respect to which an order to an employer is in effect under section 33; or. 1990, c.O.1, s.63 (4). 12 (1) For workplaces to which the insurance plan established under the Workplace Safety and Insurance Act, 1997 applies, the Workplace Safety and Insurance Board, upon the request of an employer, a worker, committee, health and safety representative or trade union, shall send to the employer, and to the worker, committee, health and safety representative or trade union requesting the information an annual summary of data relating to the employer in respect of the number of work accident fatalities, the number of lost work day cases, the number of lost work days, the number of non-fatal cases that required medical aid without lost work days, the incidence of occupational illnesses, the number of occupational injuries, and such other data as the Board may consider necessary or advisable. R.S.O. (5) Until the investigation is completed, the worker shall remain, (a) in a safe place that is as near as reasonably possible to his or her work station; and. (a) if providing access would not be reasonable or practical for reasons relating to the health or safety of any person at the workplace, including the worker who requests to use a washroom; (b) if providing access would not be reasonable or practical having regard to all the circumstances, including, but not limited to, the nature of the workplace, the type of work at the workplace, the conditions of work at the workplace, the security of any person at the workplace and the location of the washroom within the workplace; or. R.S.O. 48 (1) A certified member who receives a complaint that dangerous circumstances exist is entitled to investigate the complaint. [195], Another member of the panel, international planning expert Roz Hansen, said that she was "disappointed and alarmed" about the decision to rebuild Marysville, stating that it was unlikely that a new development would have been permitted in the area. (i) a correctional institution or facility. 59 (1) Within three days after a constructor or employer who has received an order under section 57 believes that compliance with the order has been achieved, the constructor or employer shall submit to the Ministry a notice of compliance. 3. 3, s. 5 - 26/03/2019; 2018, c. 14, Sched. 1990, c.O.1, s. 29 (4); 2021, c. 34, Sched. (11) The Minister shall publish the Chief Prevention Officers report promptly. (9) The inspector shall give his or her decision, in writing, as soon as is practicable, to the employer, the worker, and, if there is such, the person mentioned in clause (4) (a), (b) or (c). (b) by registered letter addressed to an individual or corporation mentioned in clause (a) at the last known place of business of the individual or corporation. 32.2 (1) The Minister may approve a code of practice and the approved code of practice may be followed to comply with a legal requirement specified in the approval. 2011, c.1, Sched. (5) For greater certainty, the employer duties set out in section 25 apply, as appropriate, with respect to the administration of naloxone in the workplace. 2011, c.11, s.13(1). Date for compliance with amended standard. (4) An employer shall advise a Director in writing if the employer, after making reasonable efforts, is unable to obtain a label or safety data sheet required by subsection (1). (34) A member of a committee is entitled to. The worker does not become a member of the committee as a result of the designation. (3.7) The chair may make rules governing the Boards practice and procedure and the exercise of its powers and prescribing such forms as the chair considers advisable. 2001, c.9, Sched. 2011, c.11, s.8(1). The report from the commission said that: "the level of insurance claims is likely to underestimate the true extent of property losses, but it is unable to calculate the extent of this underestimation". (c) the danger or hazard is such that any delay in controlling it may seriously endanger a worker. (3.1) Subsections 61 (2) to (3.13) and subsection 61 (8) apply, with necessary modifications, with respect to complaints under this section. 2011-73; s. 2, ch. R.S.O. Pakenham VICSES, who shared the building, also provided assistance during the fire operation. (4.1) The chair of the Board may make rules under subsection 110 (18) of the Labour Relations Act, 1995 to expedite proceedings relating to a complaint filed under subsection (2) or a referral made under subsection (2.1). (4) The Chief Prevention Officer may establish conditions that a committee member certified under clause (1) (b) must meet in order to maintain their certification. (4) If the Minister asks the Chief Prevention Officer for advice under subsection (2) or if the Chief Prevention Officer determines under subsection (3) that a proposed change would be a significant change, the Chief Prevention Officer shall, (a) ask the chair of the Prevention Council to state whether the Council endorses the proposed change; and. 2011, c.11, s.8(2). I, s.3(3). [138] On 12 February, two people were arrested in connection with the fires, having been observed by members of the public acting suspiciously in areas between Yea and Seymour; however, they were subsequently released without charges being laid. 2011, c.11, s.3. (a) include measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor; (b) include measures and procedures for workers to report incidents of workplace harassment to a person other than the employer or supervisor, if the employer or supervisor is the alleged harasser; (c) set out how incidents or complaints of workplace harassment will be investigated and dealt with; (d) set out how information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law; (e) set out how a worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, will be informed of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation; and. (2) Upon receipt of the annual summary, the employer shall cause a copy thereof to be posted in a conspicuous place or places at the workplace where it is most likely to come to the attention of the workers. (a) if providing access would not be reasonable or practical for reasons relating to the health or safety of any person at the workplace, including the worker who requests to use a washroom; (b) if providing access would not be reasonable or practical having regard to all the circumstances, including, but not limited to, the nature of the workplace, the type of work at the workplace, the conditions of work at the workplace, the security of any person at the workplace and the location of the washroom within the workplace; or. 1990, c.O.1, s.8(8). (3) Except as is prescribed and subject to the conditions and limitations prescribed, this Act or a Part thereof does not apply to, (a) a person who is employed as a teacher as defined in the Education Act; or. (c) if the washroom is in, or can only be accessed through, a dwelling. (2) Where a Director makes an order to an employer under subsection (1), the order shall, (a) identify the biological, chemical or physical agent, or combination of such agents, and the manner of use that is the subject-matter of the order; and. (C) in accordance with good engineering practice, if sub-subclauses (A) and (B) do not apply; (n) require in writing an owner of a mine or part thereof to provide, at the owners expense, a report in writing bearing the seal and signature of an 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; (o) require in writing, within such time as is specified, a person who is an employer, manufacturer, producer, importer, distributor or supplier to produce records or information, or to provide, at the expense of the person, a report or evaluation made or to be made by a person or organization having special, expert or professional knowledge or qualifications as are specified by the inspector of any process or biological, chemical or physical agents or combination of such agents present, used or intended for use in a workplace and the manner of use, including. 55.3 (1) An inspector may in writing order an employer to cause an investigation described in clause 32.0.7 (1) (a) to be conducted, at the expense of the employer, by an impartial person possessing such knowledge, experience or qualifications as are specified by the inspector and to obtain, at the expense of the employer, a written report by that person. 16, s. 2. 2009, c.23, s.3. PART VI REPRISALS BY EMPLOYER PROHIBITED, No discipline, dismissal, etc., by employer. (a) saving life or relieving human suffering; (b) maintaining an essential public utility service or a public transportation system; or. 22.6 (1) The Minister may direct a designated entity to take such actions as the Minister considers appropriate. (2) Despite anything in any general or special Act, the provisions of this Act and the regulations prevail. 2009, c.23, s.3. D, s.14; 2007, c.8, s.221. (11) An entity that is designated as a safe workplace association or as a medical clinic or training centre specializing in occupational health and safety matters under section 6 of the Workplace Safety and Insurance Act, 1997 on the date section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force is deemed to be designated for the purposes of this Act until the date established by the Minister under subsection (10). R.S.O. (c) the health and safety of workers on the project is protected. R.S.O. (2) Where an inspector makes an oral order under subsection (1), the inspector shall confirm the order in writing before leaving the workplace. 1998, c.8, s.57(2). 85, par. The new system involves a six-tier scale to indicating such things as the level of risk and activity of the fire. (b) the name of a toxicological study used by the employer to prepare a safety data sheet. 32.0.8 An employer shall provide a worker with, (a) information and instruction that is appropriate for the worker on the contents of the policy and program with respect to workplace harassment; and. 4, s. 6. From 2830 January, Melbourne broke temperature records by experiencing three consecutive days above 43C (109F), with the temperature peaking at 45.1C (113.2F) on 30 January, the third hottest day in the city's history. 15, s. 5. (3) The inspector shall inform the person from whom the thing is seized as to the reason for the seizure and shall give the person a receipt for it. 2011, c.11, s.14. 2011, c.11, s.10. See: 1995, c.1, s.84(2). ; 1994, c. 24, s. 35; 1994, c. 25, s. 83; 1994, c. 27, s. 120; 1995, c. 1, s. 84; 1995, c. 5, s. 28-32; 1997, c. 16, s. 2; 1997, c. 4, s. 84; 1998, c. 8, s. 49-60; 2001, c. 13, s. 22; 2001, c. 26; 2001, c. 9, Sched. (10) Pending the investigation and decision of the inspector, the worker shall remain, during the workers normal working hours, in a safe place that is as near as reasonably possible to his or her work station and available to the inspector for the purposes of the investigation. 1990, c.O.1, s.43(2); 1997, c.4, s.84; 2001, c.13, s.22; 2006, c.19, Sched. 2001, c.9, Sched. 1998, c.8, s.57(2). 1990, c.O.1, s.57(9); 2011, c.1, Sched. (7) Where on an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), the Board determines that a worker has been discharged or otherwise disciplined by an employer for cause and the contract of employment or the collective agreement, as the case may be, does not contain a specific penalty for the infraction, the Board may substitute such other penalty for the discharge or discipline as to the Board seems just and reasonable in all the circumstances. 2006, c.19, Sched. C, s. 93 (5) - 20/08/2007, 2018, c. 3, Sched. 2016, c. 37, Sched. 2. 4, s. 1. (1.2) The warrant shall authorize the inspector to enter and search the place for which the warrant was issued and, without limiting the powers of the justice of the peace or the provincial judge under subsection (1), the warrant may, in respect of the alleged offence, authorize the inspector to. (2) An architect, as defined in the Architects Act, or an engineer contravenes this Act if, as a result of the architects or engineers advice that is given or the architects or engineers certification required under this Act that is made negligently or incompetently, a worker is endangered. As many as 400 individual fires were recorded on Saturday 7 February; the day has become widely referred to in Australia as Black Saturday. 2001, c. 9, Sched. 7, s.2 (10). 32.0.4 If an employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker. 2011, c.11, s.16. (4) If both certified members find that the dangerous circumstances exist, the certified members may direct the constructor or employer to stop the work or to stop the use of any part of a workplace or of any equipment, machine, device, article or thing. (b) to a Director, unless a report under section 51 or a notice under section 52 has already been given to a Director. 2011, c.11, s.13(1). 2011, c.11, s.8(1). 2020, c. 18, Sched. 5, s. 1. 1990, c.O.1, s.33(9). (3) An employer shall ensure that a hazardous material is not used, handled or stored at a workplace unless the prescribed requirements concerning identification, safety data sheets and worker instruction and training are met. 2011, c.11, s.7(1). (d) a document purporting to certify the result of a test or an analysis of any equipment, machine, device, article, thing or substance and purporting to be certified by an inspector. R.S.O. R.S.O. R.S.O. The defendant has a record of prior non-compliance with this Act or the regulations. R.S.O. 15, s. 11 - 02/12/2021. R.S.O. 97-1; s. 1, ch. (b) by registered letter addressed to an individual or corporation mentioned in clause (a) at the last known place of business of the individual or corporation. (iii) any work is performed by way of trade or for the purposes of gain in or incidental to the making of any goods, substance, article or thing or part thereof, (iv) any work is performed by way of trade or for the purposes of gain in or incidental to the altering, demolishing, repairing, maintaining, ornamenting, finishing, storing, cleaning, washing or adapting for sale of any goods, substance, article or thing, or. Shortly before 12:30pm on 7 February 2009 a fire started on farmland, 5km (3.1mi) northwest of Coleraine in western Victoria. R.S.O. (5) Subject to subsection (6), a member of a worker trades committee is entitled to such time from work as is necessary to attend meetings of the worker trades committee and the time so spent shall be deemed to be work time for which the member shall be paid by the employer at the members regular or premium rate as may be proper. [115] Crikey reported that locals were divided on the merits of the plan, some concerned as to why the back-burning had not been carried out earlier, and some worried at the large scale of the proposed burns, which were reported to be larger than both the existing fire as well as the April 2005 fires that affected the park[116] Strong easterly winds on 12 February forced authorities to postpone the proposed burns lest they themselves pose a danger to surrounding communities, though they did proceed with preparatory work. 32 Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with, (b) orders and requirements of inspectors and Directors; and. (2) Although a warrant issued under section 56 would otherwise be required, an inspector may exercise any of the powers described in subsection 56 (1) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant. 9 (1) Subject to subsection (3), this section does not apply, (a) to a constructor at a project at which work is expected to last less than three months; or. 1990, c.O.1, s.61(7); 1998, c.8, s.57(4). R.S.O. [150] The Victorian Institute of Forensic Medicine stated that it could be impossible to positively identify many of the remains.[151]. [187] Brumby said that "There were many people who had done all of the preparations, had the best fire plans in the world and tragically it didn't save them. 2011, c.11, s.3. (4) No person shall interfere with any monitoring equipment or device in a workplace. (3) An owner does not become a constructor by virtue only of the fact that the owner has engaged an architect, engineer or other person solely to oversee quality control at a project. 15, s. 5. I, s.3(4); 2006, c.21, Sched. (3) An employer to whom subsection (2) applies shall post prominent notices identifying and warning of the hazardous physical agent in the part of the workplace in which the thing is used or operated or is to be used or operated. (4) Notices required by subsection (3) shall contain such information as may be prescribed and shall be in English and such other language or languages as may be prescribed. To promote occupational health and safety and to promote the prevention of workplace injuries and occupational diseases. A, s.93. 1990, c.O.1, s.57(3). 3, s. 1. A person who violates this provision commits a felony of the third degree, punishable as provided in s. If the offense is the possession of 20 grams or less of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. Except as provided in this chapter, a person may not possess more than 10 grams of any substance named or described in s. If the offense is possession of a controlled substance named or described in s. Notwithstanding any provision to the contrary of the laws of this state relating to arrest, a law enforcement officer may arrest without warrant any person who the officer has probable cause to believe is violating the provisions of this chapter relating to possession of cannabis. 2019, c. 9, Sched. 4, s. 11 - 03/12/2015; 2011, c. 11, s. 18 (1) - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2021; 2011, c. 11, s. 18 (2) 1990, c.O.1, s.55; 2009, c. 33, Sched. R.S.O. R.S.O. 2011, c.11, s.3. 70 (1) The Lieutenant Governor in Council may make such regulations as are advisable for the health or safety of persons in or about a workplace. 2011, c.11, s.8(2). R.S.O. (5) Subsection (3) also applies with respect to the results of the reassessment. 7 (1) The Deputy Minister shall issue a certificate of appointment, bearing his or her signature or a facsimile thereof, to every inspector. Worker to remain in safe place and available for investigation. (8) This section applies, with necessary modifications, to an entity that is not incorporated. 13, s. 1. 2011, c.11, s.3. 7 of the deaths occurred in bunkers of both fire-specific and non-fire-specific design. (6) On the recommendation of the Minister, the Lieutenant Governor in Council may make regulations prescribing matters to be considered when determining whether a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases would be a significant change. apply with all necessary modifications. 2016, c. 37, Sched. 2022, c. 7, Sched. 2019, c. 1, Sched. (2) A certified member may direct the constructor or employer to stop specified work or to stop the use of any part of a workplace or of any equipment, machine, device, article or thing if the certified member finds that dangerous circumstances exist. 4, s. 2 (2). 1990, c.O.1, s.37 (2). (b) for time spent by the person carrying out the duties under subsection (11) of a person described in subsection (12). 1990, c.O.1, s.57(3). (f) make inquiries of any person either separate and apart from another person or in the presence of any other person. The assessment of the risks of workplace violence required under subsection 32.0.3 (1). (a) a workplace at which workers described in clause 43(2)(a), (b) or (c) are employed; or. 4, s. 3 (5). 2014-204; s. 13, ch. For example, large numbers of kangaroos were afflicted with burned feet due to territorial instincts that drew them back to their recently burned and smouldering home ranges. (2) Every person shall furnish all necessary means in the persons power to facilitate any entry, search, inspection, investigation, examination, testing or inquiry by an inspector, (a) in the exercise of his or her powers or the performance of his or her duties under this Act or the regulations; or. (2) A Director may exercise any of the powers or perform any of the duties of an inspector under this Act or the regulations. 2017, c. 22, Sched. R.S.O. (3) The members of a worker trades committee shall be selected by the workers employed in the trades the members are to represent or, if a trade union represents the workers, by the trade union. 2011, c.11, s.8(1). [152] A senior lecturer in fire ecology from the University of Melbourne estimated that the fires may have been burning at temperatures of 1,200C (2,190F), and concluded that, as a result, the remains of some people caught in the fires may have been obliterated. 1990, c.O.1, s. 67 (2); 2022, c. 7, Sched. R.S.O. (3.10) Rules made under this section apply despite anything in the Statutory Powers Procedure Act. 2016, c. 2, Sched. 1990, c.O.1, s.8(9). 4, s. 4 (1, 2). (b) where so prescribed, furnish to a Director any drawings, plans or specifications of any workplace as prescribed. (ii) health and safety experience and work practices and standards in similar or other industries of which the constructor or employer has knowledge. 90-111; s. 1, ch. Subject to any terms or conditions set out in the approval, compliance with the approved code of practice is deemed to be compliance with the legal requirement. 2001, c.9, Sched. 2011, c.11, s.8(1). 2001, c.26, s.3. (22) A committee shall maintain and keep minutes of its proceedings and make the same available for examination and review by an inspector. 1990, c.O.1, s.43(11). R.S.O. 7, s.2 (1). R.S.O. 1990, c.O.1, s.38(4). 4, s. 4 (4). 2011, c. 1, Sched. R.S.O. (2) If an employer is advised by or on behalf of a worker that the worker has an occupational illness or that a claim in respect of an occupational illness has been filed with the Workplace Safety and Insurance Board by or on behalf of the worker, the employer shall give notice in writing, within four days of being so advised, to a Director, to the committee or a health and safety representative and to the trade union, if any, containing such information and particulars as are prescribed. 2001, c.9, Sched. (2) The following are parties to the appeal: 2. 32.0.6 (1) An employer shall, in consultation with the committee or a health and safety representative, if any, develop and maintain a written program to implement the policy with respect to workplace harassment required under clause 32.0.1 (1) (b). A, s. 93; 2006, c. 19, Sched. 1990, c.O.1, s.9 (24). 2001, c.26, s.4. The defendant disregarded an order of an inspector. R.S.O. 2011, c.11, s.8(1). on the grounds that it is confidential business information. 2001, c.26, s.2. I, s.3(4). 53.1 In addition to the notice requirements set out in sections 51, 52 and 53, the regulations may specify additional notice requirements that must be met in the circumstances described in those sections, including specifying who is required to provide the notice, the timeframe in which it shall be provided and the information and particulars it must contain. (6) A designated entity shall operate in accordance with the standards established under subsection (3) that apply to it, and in accordance with any other requirements imposed on it under section 22.6. 2001, c.9, Sched. 4, s. 1). 7.6.4 (1) The Chief Prevention Officer may require any person who is seeking an accreditation under subsection 7.6.1 (1) or recognition under subsection 7.6.2 (1), or who is the subject of an accreditation or recognition, to provide the Chief Prevention Officer with whatever information, records or accounts he or she may require pertaining to the accreditation or recognition and the Chief Prevention Officer may make such inquiries and examinations as he or she considers necessary. (2) No employer shall seek to gain access, except by an order of the court or other tribunal or in order to comply with another statute, to a health record concerning a worker without the workers written consent. C, s.25. Victoria Police Media Release 17 February 2009. R.S.O. [182], A class action lawsuit was initiated in the Supreme Court of Victoria on 13 February 2009 by Slidders Lawyers against electricity distribution company SP AusNet, in relation to the Kilmore East fire that became part of the Kinglake complex, and the Beechworth fires. (4) The committee members representing workers shall designate one of them for the purpose of subsection (3). 4, s. 2 (3). (a) to obtain information from the constructor or employer concerning the conducting or taking of tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent in or about a workplace for the purpose of occupational health and safety; (b) to be consulted about, and be present at the beginning of, testing referred to in clause (a) conducted in or about the workplace if the representative believes his or her presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid; and. 1990, c.O.1, s. 29 (3); 2021, c. 34, Sched. 1998, c.8, s.56(1); 2011, c.11, s.13(2). R.S.O. [46] It was feared that it could rise as high as 240280,[148] but these figures were later revised down to 173 after further forensic examinations of remains, and after several missing people were located. 1990, c.O.1, s.9 (14). Jurisdiction when complaint by public servant. (5) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of this section. [74] The fire broke out at about 4:30pm on the afternoon of 7 February, and burned through Long Gully and Eaglehawk, coming within 2km (1.2mi) of central Bendigo, before it was brought under control late on 7 February. 1990, c.O.1, s.63 (2). 1990, c.O.1, s.9 (25). (3) For greater certainty, a contravention described in subsection (2) continues for each day or part of a day that a worker is endangered. (7) A determination made under this section applies for the purposes of this Part. R.S.O. R.S.O. C, s. 25 - 1/04/2007. 16, s. 2. (8) If the Minister amends a standard established under subsection (3), the Minister shall establish a date by which designated entities to which the amended standard applies are required to comply with it. (b) the group described in paragraph 3 of subsection (2) is represented by not more than one-third of the members of the Council. I, s. 3 (6) - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011, 2019, c. 14, Sched. (2) The assessment shall take into account. (ii) in preparing, inspecting, manufacturing, finishing, repairing, warehousing, cleaning or adapting for hire or sale any substance, article or thing, energy is, (A) used to work any machinery or device, or. 3. (c) the danger or hazard is such that any delay in controlling it may seriously endanger a worker. R.S.O. (b) may limit the extent to which the Board is required to give full opportunity to the parties to present their evidence and to make their submissions. However, the report also estimated that up to 13 per cent of residential properties destroyed may have had no insurance, with many more under-insured, thus suggesting that the actual cost of asset damage in the bushfires was considerably higher than that recorded. 1990, c.O.1, s.24(2); 1994, c.25, s.83(2). (a) the workers costs for medical examinations or tests required by the medical surveillance program or required by regulation; (b) the workers reasonable travel costs respecting the examinations or tests; and. 53 (1) If an accident, premature or unexpected explosion, fire, flood or inrush of water, failure of any equipment, machine, device, article or thing, cave-in, subsidence, rockburst, or other prescribed incident occurs at a project site, mine, mining plant or other prescribed location, the person determined under subsection (2) shall, within two days after the occurrence, give notice in writing with the prescribed information and particulars, (a) to the committee, health and safety representative and trade union, if any; and. 2001, c.9, Sched. Melbourne hit 46.4C (115.5F), the hottest temperature ever recorded for the city[18] and humidity levels dropped to as low as two percent. Collection and use of training information, Accreditation of health and safety management systems, Information re accreditations, recognitions, Mandatory selection of health and safety representative, Consultation on industrial hygiene testing, PART II.1 PREVENTION COUNCIL, CHIEF PREVENTION OFFICER AND DESIGNATED ENTITIES, Changes to Funding and Delivery of Services, Compliance and monitoring of designated entities, PART III DUTIES OF EMPLOYERS AND OTHER PERSONS, Duties of directors and officers of a corporation, Hazardous material identification and data sheets, PART V RIGHT TO REFUSE OR TO STOP WORK WHERE HEALTH OR SAFETY IN DANGER, PART VI REPRISALS BY EMPLOYER PROHIBITED, No discipline, dismissal, etc., by employer, Offices of the Worker and Employer Advisers, Notice of accident, explosion, fire or violence causing injury, Order for workplace harassment investigation, Order for written notices to Director under s. 52 (1). 7 (1) The Deputy Minister shall issue a certificate of appointment, bearing his or her signature or a facsimile thereof, to every inspector. (11) Two of the members of a committee shall co-chair the committee, one of whom shall be selected by the members who represent workers and the other of whom shall be selected by the members who exercise managerial functions. (2) The Chief Prevention Officer may be appointed for a term not exceeding five years and may be reappointed for successive terms not exceeding five years each. R.S.O. 2. 4, s. 3. 1990, c.O.1, s.33(6); 2001, c.9, Sched. 13; 2021, c. 34, Sched. (2) An application under subsection (1) shall be made only in respect of such types of confidential business information as may be prescribed. 2001, c.9, Sched. 2011, c. 1, Sched. (a) saving life or relieving human suffering; (b) maintaining an essential public utility service or a public transportation system; or. (4) The standards established under subsection (3) may address any matter the Minister considers appropriate, including governance, objectives, functions and operations. 2011, c.11, s.8(2). 1998, c.8, s.56(1); 2011, c.11, s.13(2). (4) A Director may communicate or allow to be communicated or disclosed information, material, statements or the result of a test acquired, furnished, obtained, made or received under this Act or the regulations. (30) The member shall inform the committee of situations that may be a source of danger or hazard to workers and the committee shall consider such information within a reasonable period of time. R.S.O. (c) a worker who because of his or her knowledge, experience and training is selected by the trade union that represents the worker or, if there is no trade union, by the workers to represent them. R.S.O. I, s.3(4). Teach them the facts of fire safety with the Whats That Sound music video and let them express themselves through their own opinion paragraph. 15, s. 10. (i) the ingredients thereof and their common or generic name or names. 2000-320; s. 11, ch. 15, s. 7 - 02/12/2021. apply with all necessary modifications. 1998, c.8, s.57(2); 2006, c.21, Sched. (10) Where an inspector makes an order in writing or issues a report of his or her inspection to an owner, constructor, licensee, employer or person in charge of the workplace, (a) the owner, constructor, licensee, employer or person in charge of the workplace shall forthwith cause a copy or copies of it to be posted in a conspicuous place or places at the workplace where it is most likely to come to the attention of the workers and shall furnish a copy of the order or report to the health and safety representative and the committee, if any; and. Order appointing health and safety representatives. 1990, c.O.1, s.40(6). 1998, c.8, s.57(2). R.S.O. 2011, c.11, s.3. (violence au travail) R.S.O. On 8 February lightning sparked a fire in Wilsons Promontory which burned more than 11,000ha (27,000 acres). R.S.O. (2) The Workplace Safety and Insurance Board shall remit the money collected from employers under this section to the Minister of Finance. 2011, c.11, s.8(2). R.S.O. 1998, c.8, s.57(2). Over 3,500 structures destroyed, including: 59 commercial properties (shops, pubs, service stations, golf clubs, etc. 2001, c.9, Sched. 4, s. 2 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2022, c. 7, Sched. 1990, c.O.1, s.66 (3). 2011, c.11, s.8(2). (2) A joint health and safety committee is required. 6 (1) Such persons as may be necessary to administer and enforce this Act and the regulations may be appointed as inspectors by the Deputy Minister and the Deputy Minister may designate one or more of the inspectors as a Director or Directors. (4) A medical officer of health shall not disclose the name of any person who makes a request under subsection (2) or (3). (e) include any prescribed elements. (5) The board of directors and officers may continue to act to the extent authorized by the Minister, but any such act is valid only if approved, in writing, by the administrator. 55.3 (1) An inspector may in writing order an employer to cause an investigation described in clause 32.0.7 (1) (a) to be conducted, at the expense of the employer, by an impartial person possessing such knowledge, experience or qualifications as are specified by the inspector and to obtain, at the expense of the employer, a written report by that person. 2016, c. 37, Sched. 1990, c.O.1, s.54(4). Occupational Health and Safety Act, RSO 1990, c O.1, <, This statute is current to 2019-12-08 according to the, 31. between Mar 1, 2022 and Jun 30, 2022 (past), 30. between Dec 31, 2021 and Feb 28, 2022 (past), 29. between Dec 2, 2021 and Dec 30, 2021 (past), 28. between Oct 19, 2021 and Dec 1, 2021 (past), 27. between Jul 21, 2020 and Oct 18, 2021 (past), 26. between Dec 10, 2019 and Jul 20, 2020 (past), 25. between Jul 1, 2019 and Dec 9, 2019 (past), 24. between Jun 6, 2019 and Jun 30, 2019 (past), 23. between Nov 21, 2018 and Jun 5, 2019 (past), 22. between Jan 1, 2018 and Nov 20, 2018 (past), 21. between Dec 14, 2017 and Dec 31, 2017 (past), 20. between Nov 27, 2017 and Dec 13, 2017 (past), 19. between Dec 8, 2016 and Nov 26, 2017 (past), 18. between Sep 8, 2016 and Dec 7, 2016 (past), 17. between Jul 1, 2016 and Sep 7, 2016 (past), 16. between Mar 8, 2016 and Jun 30, 2016 (past), 15. between Dec 3, 2015 and Mar 7, 2016 (past), 14. between Nov 20, 2014 and Dec 2, 2015 (past), 13. between Apr 1, 2012 and Nov 19, 2014 (past), 12. between Dec 31, 2011 and Mar 31, 2012 (past), 11. between Jun 1, 2011 and Dec 30, 2011 (past), 10. between Mar 30, 2011 and May 31, 2011 (past), 9. between Jul 1, 2010 and Mar 29, 2011 (past), 8. between Jun 15, 2010 and Jun 30, 2010 (past), 7. between Dec 15, 2009 and Jun 14, 2010 (past), 6. between Aug 20, 2007 and Dec 14, 2009 (past), 5. between Jul 25, 2007 and Aug 19, 2007 (past), 4. between Apr 1, 2007 and Jul 24, 2007 (past), 3. between Jun 22, 2006 and Mar 31, 2007 (past), 2. between Nov 1, 2004 and Jun 21, 2006 (past), 1. between Dec 12, 2001 and Oct 31, 2004 (past), Control of Exposure to Biological or Chemical Agents, Criteria to be Used and Other Matters to be Considered by the Board Under Subsection 46 (6) of Act, Designated Substance - Asbestos on Construction Projects and in Buildings and Repair Operations, Joint Health and Safety Committees - Exemption from Requirements, Notices and Reports Under Sections 51 to 53.1 of the Act - Fatalities, Critical Injuries, Occupational Illnesses and Other Incidents, Occupational Health and Safety Awareness Training, University Academics and Teaching Assistants, Workplace Hazardous Materials Information System (WHMIS), Designated Substance - Coke Oven Emissions, Designations Under Clause 16 (1) (N) of the Act, Inventory of Agents or Combinations of Agents for the Purpose of Section 34 of the Act, Training Requirements for Certain Compulsory Trades, Training Requirements for Certain Skill Sets and Trades, Prevention Council, Chief Prevention Officer and designated entities, RIGHT TO REFUSE OR TO STOP WORK WHERE HEALTH OR SAFETY IN DANGER, Oversight of Health Facilities and Devices Act, 2017, Freedom of Information and Protection of Privacy Act, Hazardous Materials Information Review Act, Laboratory and Specimen Collection Centre Licensing Act, Personal Health Information Protection Act, 2004, Crown Liability and Proceedings Act, 2019. (3) A claim for an exemption made under subsection (1) shall be determined in accordance with the process set out in the Hazardous Materials Information Review Act (Canada). (1.4) The warrant may contain terms and conditions in addition to those provided for in subsections (1) to (1.3) as the justice of the peace or provincial judge, as the case may be, considers advisable in the circumstances. (37) Subsection (36) does not apply with respect to workers who are paid by the Workplace Safety and Insurance Board for the time spent fulfilling the requirements for becoming certified. [44] Two firefighters from the Dimboola brigade narrowly escaped when their ute was engulfed by fire. 2006, c. 19, Sched. (7) A determination made under this section applies for the purposes of this Part. 7.6.5 (1) The Chief Prevention Officer may publish or otherwise make available to the public information relating to health and safety management systems accredited under subsection 7.6.1 (1) and employers given recognition under subsection 7.6.2 (1), including the names of the systems and employers. (3) A Director shall, in accordance with the objects and purposes of this Act, ensure that persons and organizations concerned with the purposes of this Act are provided with information and advice pertaining to its administration and to the protection of the occupational health and occupational safety of workers generally. 1990, c.O.1, s.33(4). 2019, c. 1, Sched. Fire Protection and Prevention Act, 1997; (c) a person employed in the operation of. (a) a provision of this Act or the regulations; (b) an order or requirement of an inspector or a Director; or. R.S.O. (17) If a certified member resigns or is unable to act, the constructor or employer shall, within a reasonable time, take all steps necessary to ensure that the requirement set out in subsection (12) is met. R.S.O. (2) The results of an investigation under clause (1) (a), and any report created in the course of or for the purposes of the investigation, are not a report respecting occupational health and safety for the purposes of subsection 25 (2). (3) The Minister may establish standards that an entity shall meet before it is eligible to be designated. (iv) a similar institution, facility or place; (d) a person employed in the operation of. 1990, c.O.1, s.25(2); 2017, c. 34, Sched. 1990, c.O.1, s.12(1); 1997, c.16, s.2(4). (5) On an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), the burden of proof that an employer or person acting on behalf of an employer did not act contrary to subsection (1) lies upon the employer or the person acting on behalf of the employer. 1990, c.O.1, s.9 (34). Out of the 173 deaths, 100 were male, 73 were female. 1990, c.O.1, s.1(1); 1993, c.27, Sched. (Canada) who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency. 15, s. 3 - 02/12/2021. 16, s. 2. (2) The Chief Prevention Officer shall report to the Minister on the compliance of designated entities with the standards established under section 22.5 and with any directions given by the Minister under section 22.6. (4) After complying with the direction, the constructor or employer shall promptly investigate the matter in the presence of the certified member. 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