May 15, 2010
By Sally Harvey CLT, CLP
Education and Labour Development Department

Sally HarveyThe Ministry of Labour has informed us that they will undertake the following Heightened Enforcement Focus (the new term for a blitz) efforts over the next 12 months:  
  • Fall From Heights
  • Young and New Worker, May – August 2010
  • Workplace Violence and Harassment, June 15, 2010 and ongoing
  • MSD – Muscularskeletal Disorder, September 2010
  • Conveyer guards: Lockout, guards (production, soil, stone slingers etc.), November 2010
  • Loading and shipping areas/material handling, February 2011

The Ministry of Labour will visit workplaces that employ young and new workers. Young workers are those between 14 and 24 years of age, while new workers are newcomers to an employer or industry, who are over 25 years of age and have been on the job, or re-assigned to a new role for less than six months. Inspectors may appear at farm operations and landscape sites.

The Ministry of Labour considers that any new hire — permanent, or temporary, including supervisors with or without experience in the industry, and any current workers, who are assigned new jobs — are at risk.

Visit a fabulous tool for young worker orientation at the young worker portal on the Ministry of Labour’s website: www.labour.gov.on.ca/english/atwork/youngworkers.php.

The Institute for Work and Health has identified that any new worker, of any age, is up to four times more likely to be injured during the first month than any other time performing that job. That applies to any time a worker is new to the work he is performing – even if it is a new job with the same employer.

A regular part of an inspector’s duties is to determine whether proper employee orientation, training and supervision are in place to prevent injuries. Where there are new and young workers on the job, inspectors will pay special attention to the safety measures in place to prevent injuries to this vulnerable group of workers.

To download a fact sheet go to: www.labour.gov.on.ca/english/hs/pubs/new_workers.php. This fact sheet will guide any firm through the requirements for the Young and New Worker program.

 With the recent hiring of an additional 41 inspectors, we should expect a visit this season from an inspector, as the total number of inspectors in Ontario has grown to a total of 461.

Will your safety program fulfill the province’s requirements?
 

Workplace violence and harassment

The Workplace Violence and Harassment: Understanding the Law guide has been posted on the MOL website: www.labour.gov.on.ca/english/hs/pdf/wpvh_gl.pdf. The new legislation is based on Bill 168, which takes effect on June 15, 2010, and will be enforceable effective that date.

The Occupational Health and Safety Act requires that each workplace establish minimum standards and sets out rights and duties of all staff in a workplace, who may have a role in dealing with workplace violence and workplace harassment. The Act places responsibility on the employer, supervisors and workers. Ideally, all parties ideally should participate in the program. The ultimate goal of setting this policy and program in the workplace is to ensure a safe workplace for all and to prevent injury and mitigate risk from workplace harassment and workplace violence.

Workers can face harassment and violence from any person in the workplace. Employers are responsible for addressing unwanted behaviour in the early stages to reduce the potential for workplace harassment from escalating into workplace violence. The focus of the program is prevention and progressive management of reporting systems.

I advise you to prepare your policy and program in advance of the June 15 deadline, in order to ensure continued compliance. The Ministry of Labour has released a guide that includes policy templates and directions toward developing your own program.

The MOL inspectors will be issuing fines for any offences. To located the schedule and set fines, go to www.horttrades.com/safety-4.
 

New requirements on Load Securement Code

Starting in 2010, a person shall not use a tiedown or a component of a tiedown to secure cargo to a vehicle, unless it is marked by the manufacturer with its working load limit.

The requirement to use rated and marked tiedowns will affect carriers and shippers in Canada and the U.S. who use tiedowns to secure cargo – particularly those who use flatbed trucks and trailers.

From Jan. 1 to Dec. 31, 2010 verbal direction and/or written warnings will be issued to raise awareness of the requirement to use rated and marked tiedowns. Note: during the transition period, use of unrated/unmarked tiedowns will not preclude issuance of a CVSA decal.

What does this mean for landscapers? We must check and replace all straps, chains and rope tiedowns if the Manufacturers’ Working Load Limit rating is not legible. Do this now, and add the item to your truck and trailer inspections to ensure continued compliance. Do not purchase any tiedowns without a legible WWL. For more information, go to www.horttrades.com/safety-4.
 

What to expect at an MTO inspection

In the event that you or your staff are stopped by an MTO inspector, here is a list of documentation that you should expect to produce for the Inspector:
  • Driver’s licence
  • Insurance certificate
  • Truck and trailer registrations
  • CVOR
  • Pre-trip inspection report (over 4500 kg vehicle) with schedule one
  • Bill of lading, if carrying goods
  • Dangerous goods in excess of certain quantity may require training certification, placards, labels, etc.

Please make every effort to do your share to ensure the safety of the public and our workers in the workplace, or at landscape sites. An ounce of prevention goes a long way, and bodes well toward professionalism.
Wishing you a safe and prosperous season!
Contact Sally Harvey should you have any questions at sharvey@landscapontario.com.