Province close to hiring chief prevention officer, says move of prevention from WSIB to Ministry of Labour will be ‘cost neutral’
The picture is starting to come into focus of how Ontario is going to implement Bill 160, the legislation overhauling the province’s health and safety system.
Bill 160, introduced in response to recommendation from an expert panel chaired by Tony Dean, received royal assent on June 1, 2011. It amends the Occupational Health and Safety Act (OHSA) and Workplace Safety and Insurance Act. Some key changes include:
•Establishing the Ministry of Labour as the lead for accident prevention, transferring it from the WSIB.
•Appointing a new chief prevention officer to co-ordinate and align the prevention system.
•Creating a new prevention council, with representatives from labour, employers, and safety experts, to advise the chief prevention officer and the minister.
In a letter to Paavo Kivisto, chair of the Interim Prevention Council dated July 20, Minister of Labour Charles Sousa outlined how the province is progressing on some of the critical elements in the bill.
Hiring a chief prevention officer
The province is “making progress” in the hiring of a chief prevention officer (CPO), said Sousa.
“With the help of an executive search firm, a comprehensive recruitment process is nearing completion and I expect to be in the position to announce the new CPO over the next few months,” he said.
Compliance and assistance to employers
One of the recommendations of the Dean panel was for the province to review its enforcement policy with a view to providing compliance assistance when early guidance and support for employers would help them achieve compliance, said Sousa.
“We have heard from both employers and labour that an effective model to support employers in the prevention of workplace injuries and illnesses would provide for a continuum from voluntary compliance, to assisted compliance to enforcement,” he said.
To achieve this, the CPO will work with ministry staff to integrate the prevention and enforcement aspects of the health and safety system, said Sousa. However, the distinct roles of ministry inspectors, health and safety association (HSA) consultants and other prevention functions will be preserved.
Consistent enforcement
The Dean panel heard comments from stakeholders about the need for consistent enforcement and application of the OHSA and its regulations across Ontario.
Sousa said both the ministry and its union, the Ontario Public Service Employees Union (OPSEU), share this objective.
“To support this, the ministry and OPSEU have jointly agreed that staff with enforcement responsibilities will follow the ministry’s province-wide policies, directives and procedures for the interpretation, administration and enforcement of the OHSA and regulations,” he said.
Stakeholder engagement
Under the act, the Prevention Council will represent a broad range of stakeholder interests, said Sousa.
Once the permanent council is appointed, it will work with the CPO to ensure feedback is sought from stakeholders so the council’s advice reflects broad opinions, he said.
Financial accountability and transparency
With the Ministry of Labour taking over prevention from WSIB, stakeholders have expressed concern about funding.
Sousa stressed there will be no new WSIB costs to employers resulting from the transfer to the ministry.
“This is a cost neutral transfer,” he said.
He pointed out that, by law, the ministry can only use funds for their intended purposes. For the current administration of OHSA, the ministry recovers from the WSIB only what it actually spends on the occupational health and safety program. The same will be true of the money it recovers in the future to fund prevention services, he said.
When do the Bill 160 changes come into force?
Sousa said the dates vary, partly to ensure a smooth transfer of the prevention mandate from the WSIB to the ministry and also to give everyone time to prepare. Major provisions have or will come into force as follows, he said:
•On June 1, 2011, amendments came into force relating to the appointment of the CPO and the Prevention Council; to a number of the CPO’s powers and duties respecting training programs and providers; and relating to the development of codes of practice.
•On April 1, 2012, or sooner if appropriate, amendments will come into force that transfer all of the prevention functions and authorities to the Ministry of Labour from the WSIB. These amendments include the powers to be exercised by the Minister related to prevention and to the designation and oversight of HSAs; and the new power of a co-chair of a joint health and safety committee to make recommendations to the employer.
•Amendments that come into force on a date to be proclaimed in the future include the requirements for training of worker health and safety representatives; and provisions to strengthen worker protection from reprisals.
