Health and Safety > FAQs
FAQs
WSIB
Do I have to register with the Workplace Safety and Insurance Board?
Do my employees have to report work related injuries to me as their employer?
Yes. Employees must report any work related injury to you. As their employer, you then have 3 days to report any lost time or medical aid injury to the WSIB.
I would like to know the minimum age for summer help in the landscaping trade as each year we employ 2 to 3 students.
Depending on the type of work that the students will be doing for you the minimum age varies. 15 year olds are permitted to work in industrial workplaces when they are required to use various pieces of equipment. 16 year olds are permitted to work on construction sites and 18 year olds are permitted to work in the mining industry.
TRAINING
I recently hired some additional staff and now have 25 employees working for me. Do my obligations under the health and safety laws change?
If you did not have a Joint Health and Safety Committee before, then yes. Every workplace in Ontario that employs 20 or more workers on a full time or part time basis must have a Joint Health and Safety Committee in place. This committee must also have two certified members on it. All certified members must successfully complete both the basic and work site specific certification training. Describe your workplace in a bit more detail and I will be able to direct you in the right direction.
We are one corporation but have more than one site, how many representatives are required?
JHSCs are required at each site with 20 + workers unless the employer has applied for a Multisite JHSC agreement to be recognized by the Ministry of Labour (MOL). A Joint Health & Safety Committee size requirement varies depending on the amount of employees. For 20 to 49 employees a minimum of 2 members are required, one representing the workers and one representing management. For 50 or more employees a minimum of 4 members are required (two worker representatives and two management representatives).
When is permission required for multi-workplace JHSC required?
JHSCs are required at each site with 20 + workers unless the employer has applied for a Multi-site JHSC agreement to be recognized by the MOL.
A multi-site agreement is required when the employer does not want to establish a committee at each location which is geographically separate and there are 20+ employees at each site.
What is it and how does it work? The agreement allows the employer more flexibility and it is easier to manage a committee instead of several for consistency issues and true involvement by all groups. The concept started in the School Board System several years ago and is also used extensively in the Municipalities.
How do we ensure representatives be at the JHSC meeting if it isn’t geographically feasible?
I always recommend a representation of all work groups and concentrate less on geography. Recent changes to the Act now allow non JHSC workers to conduct inspections in remote locations when a multi site JHSC agreement is in place. These workers are NOT JHSC members nor do they have a right to attend JHSC meetings, unless invited to by the co-chairs. These employees do require training from the employer on how to conduct workplace inspections.
JOINT HEALTH AND SAFETY COMMITTEE (JHSC)
I recently hired some additional staff and now have 25 employees working for me. Do my obligations under the health and safety laws change?
If you did not have a Joint Health and Safety Committee before, then yes. Every workplace in Ontario that employs 20 or more workers on a full time or part time basis must have a Joint Health and Safety Committee in place. This committee must also have two certified members on it. All certified members must successfully complete both the basic and work site specific certification training. Describe your workplace in a bit more detail and I will be able to direct you in the right direction.
We are one corporation but have more than one site, how many representatives are required?
JHSCs are required at each site with 20 + workers unless the employer has applied for a Multisite JHSC agreement to be recognized by the Ministry of Labour (MOL). A Joint Health & Safety Committee size requirement varies depending on the amount of employees. For 20 to 49 employees a minimum of 2 members are required, one representing the workers and one representing management. For 50 or more employees a minimum of 4 members are required (two worker representatives and two management representatives).
When is permission required for multi-workplace JHSC required?
JHSCs are required at each site with 20 + workers unless the employer has applied for a Multi-site JHSC agreement to be recognized by the MOL.
A multi-site agreement is required when the employer does not want to establish a committee at each location which is geographically separate and there are 20+ employees at each site.
What is it and how does it work? The agreement allows the employer more flexibility and it is easier to manage a committee instead of several for consistency issues and true involvement by all groups. The concept started in the School Board System several years ago and is also used extensively in the Municipalities.
How do we ensure representatives be at the JHSC meeting if it isn’t geographically feasible?
I always recommend a representation of all work groups and concentrate less on geography. Recent changes to the Act now allow non JHSC workers to conduct inspections in remote locations when a multi site JHSC agreement is in place. These workers are NOT JHSC members nor do they have a right to attend JHSC meetings, unless invited to by the co-chairs. These employees do require training from the employer on how to conduct workplace inspections.
WORK CONDITIONS / WORKPLACE
If my workplace is a very old building, can extension cords be used as a permanent source for power? Are they grand-fathered if new wiring not feasible? What extra responsibilities would be required?
These types of situations are rare, but I would have the local electrical utility to come in and inspect the building. The MOL defers to them in this area.
If our building is very old and the ramp for transporting clients (in wheelchairs) is steep and increases the risk to the worker, what are some recommendations for control (There isn’t enough room to change the incline of the ramp and elevators do not connect to parts of the building)?
Grand-fathering is an issue in this situation. The employer should investigate the safest possible steps to be taken to ensure access for the client and safety for the employee. In some cases it may require a second person to be assigned to assist, etc.
If a vehicle is considered a workplace and a worker is in an accident going to their first client, are they covered by the Act even though they do not get paid for mileage to their first client? Agency? Or visit?
WSIB Legislation stipulates that if the person is normally required to use their vehicle to conduct work then they are covered as soon as the get into their vehicle on route to their first client. If the person only uses the vehicle at times, they are only covered once they have gone to their work headquarters and not during their commute. Could it be argued that the worker may not have been in the accident if they had not been on route to their client? The WSIB looks at each case individually but as a rule, if the person drives and uses the vehicle during their daily activity, the accident would be deemed work related.
With regards to volunteers: Does the employer have any responsibilities in the workplace in terms of the Act? In regards to them driving to and from the workplace if they are in an accident when they do not get any payment? What about if they get an honorarium?
The Occupational Health and Safety Act applies in employment situations only, as such volunteers are not covered, nor are they covered by WSIB legislation. Even in situations where they receive honorariums this interpretation applies. The only exception to this is the Volunteer Fire Fighters and that is by specific regulations. I always strongly advise companies to orient their volunteers to the same safety practices though, an ounce of prevention is worth a pound of cure and if volunteers work in a safe manner, then they do not create any additional unsafe conditions for the regular staff.
Have workers been covered under the WSIB legislation if they slip in their own driveway while preparing to go to their first client?
Not that I am aware of. Normally work starts once the vehicle leaves the person's driveway, unless the person has a "home as headquarters" arrangement.
How can a supervisor be compliant and show due diligence if their employer limits or impedes them from making appropriate decisions and follow up?
I always say "Document, document, document. If the supervisor has tried to get appropriate training programs or equipment changes and the employer has said No, document it. They can call the MOL and file an anonymous complaint just like any worker. If an incident occurs, they can also pull out their copies of the documentation to prove their efforts (How can they let MOL know and still realistically survive in their job?).
MINISTRY OF LABOUR
Oregon
ALBANY
Brattain Idealease – 1720 Fescue St SE
Cordray’s Transmission –
B & B Speed Shop –
ASTORIA
AURORA
Pape Machinery – 11693 Ehlen Rd NE
Napa Auto Parts – 12174 Ehlen Rd NE
Speedco – 12227 Melinda Ln NE
Flying J – 12334 Ehlen Rd NE
Travel America Truck Stop – 21856 Bents Rd NE
BEAVERTON
Baxter Auto Parts - 4285 SW Cedar Hills Blvd
HM Motorsports – 3920 SW 141st St
BEND
Baxter Auto Parts - 61219 S Highway 97
Commercial Powder Coating – 20554 Builders St
Costco Hearing Aid Center – 2500 NE Highway 20
Custom Exhaust Specialties – 1064 SE Paiute Way Suite 1
High Desert Automotive Supply – 62057 NE 27th St
Mike’s Auto Parts – 1141 SE Centenial Ct Suite B
BROOKS
Brooks Hardware –
Eisley Truck Accessories – 8983 Truckman Way
Reid’s Tire & Exhaust – 4790 Brooklake Rd NE
CANBY
American Legion – 424 NW 1st Ave
Canby Transmission – 23232 S Highway 99E
McDonald’s – 709 SW 1st Ave
Total Car Care – 305 SW 1st Ave
CORNELUIS
CLACKAMAS
McDonald’s – 15960 SE 82nd Drive
McDonald’s – 13470 SE Hwy 212
Source Automotive – 16805 SE 130th Ave
DALLAS
EUGENE
Cascade Truck Body & Trailer Sales – 29512 Airport Rd
Class A Choppers – 1113 Hwy 99 N #A
Latus Motors Harley-Davidson – 36441 College View Rd
McGuire Bearing Co – 598 S. Bertelsen Rd
GLADSTONE
Latus Motors Harley-Davidson – 870 E Berkley St
McDonald’s – 820 E Berkley St
Spa’s of Oregon – 17805 SE 82nd Dr
HILLSBORO
KEIZER
Abby’s Pizza – 3451 River Rd N
Cross Roads Bar & Grill – 1191 Mandarin St NE
Cherry Street Market – 3470 Cherry Ave NE
Hitching Post – 8046 River Rd NE
Keizer Collision Center –
Pat’s Cigs & Gifts – 4486 River Rd NE
Viesko Quality Concrete –
LINCOLN CITY
McMINNVILLE
MILWAUKIE
B. Young RV – 16803 SE McLoughlin Blvd
Finishline Coatings – 2889 SE Silversprings Rd
Stevens Marine – 18023 SE Addie St
Wichita’s Pizza – 6106 SE King Rd
Truck & SUV Specialties – 16585 SE McLoughlin
MOLALLA
Bill Childs Race Cars – 11492 S Barnards Rd
Guest Race Engines – 123 N Molalla Ave
McDonald’s – 1565 W Main St
Superior Glass Works – 31816 One Way
NEWBERG
PORTLAND
Aluminum Head Rebuilders – 4701 SE 24th
Bill Hall Body & Frame – 12735 NE Whitaker Way
Brattain Idealease – 61 NE Columbia Blvd
Independent Forklift – 7404 SE Johnson Creek
JB’s Custom Chrome –
Masscott Equipment Co. – 435 NE Hancock
McGuire Bearing Co. – 947 SE Market St
Oil Filter Service Co. – 615 SE Market St
Ott’s Friction Supply – 201 N Columbia Way
Radke Auto Parts – 6666 N Columbia Way
Schnell Automotive – 1506 NE Lombard
Stark Street Pizza – 9204 SE Stark St
Stereo King – 12119 SE 82nd Ave
Super Chevy Parts Co. – 8705 SE Stark
The Chevy Store – 8715 SE Stark St
Premier Rubber – 9841 N Vancouver Way
POWELL BUTTE
SALEM
Advanced Automotive – 2530 State Street
Bad Way Auto – 2804 19th St SE
Blue Star Gas – 3837 Portland Rd
Commercial Business Machines – 2310 Commercial St NE
Hillyer’s Tire & Wheel – 2959 Silverton Rd
Industrial Supply Company/Walter E Nelson – 3315 Aumsville Hwy SE #160
Lulay’s Car Connection – 2055 Mission St SE
Marion Auto Service – 2365 SE 12th St
McGuire Bearing Company – 2125 Commercial St NE
Parkers Auto Electric – 1535 Broadway NE
Performance Racing – 2715 Portland Rd NE
Precision Auto Care – 3763 Market St
Salem Convention & Visitors Bureau – 1313 Mill St SE
Salem Harley-Davidson – 3601 Silverton Rd
Stereo King – 190 Lancaster
Stuart’s Auto Parts – 4110 Portland Rd NE
Vanderbeck Race Cars – 6122 Silverton Rd
VW of Salem – 3335 Del Webb Ave
Wallery’s Pizza – 15555 Edgewater St NW
Western Beverage – 300 NE Lancaster
SANDY
SCAPPOOSE
SCIO
SILVERTON
3 Ten Water Restaurant – 310 N Water Street
MillTown Pub & Historic Restaurant – 1405 Mill St
SPRINGFIELD
A Street Automotive – 3445 Main St
Brattain Idealease – 1075 International Way
Greg Coen Motor Co. – 151 Main St
STAYTON
SUBLIMITY
SWEET HOME
TIGARD
TUALATIN
So-Cal Speed Shop – 19705 SW Teton Ave
Truck & SUV Specialties – 10005 SW Tualatin Rd
Tualatin Auto Body – 19705 SW Teton Ave
Tualatin Transmission – 8340 SW Tonka St
Tune Up & Carb Shop – 19730 SW Cipole Rd
WEST LINN
McDonald’s – 2100 8th Ct
McDonald’s – 18850 Willamette Dr
WOODBURN
Abby’s Pizza – 1215 N Pacific Hwy1215 N Pacific Hwy1215 N, OR 97071
AM/PM Mini Market –
Arby’s –
Best Western Motel – 2887 Newberg Hwy
Broadacres Tavern –
Chevron –
Country Cottage – 2994 Newberg Hwy
Denny’s of Woodburn – 2919 Newberg Hwy
Elmer’s Resteraunt – 255 Arney Rd
GW Hardware – 1525 N Pacific Hwy
Hillyer’s Mid City Ford –
La Quinta Hotel – 120 Arney Rd
Long Brothers Supply – 195 Birds Eye Rd
Los Cabos Mexican Resteraunt –
McDonald’s – 2910 Newberg Hwy
McDonald’s – 1299 N Pacific Hwy
McDonald’s – 3002 Stacy Allison Way (Inside Walmart)
Mufflers Hitches & More – 525 N Pacific Hwy
Super 8 Motel – 821 Evergreen Rd
Taco Bell –
Taylor Honda/Suzuki –
Woodburn Chamber of Commerce –
Woodburn Company Stores –
Woodburn RV Park – 115 Arney Rd
Yun Wah Resteraunt –
WILSONVILLE
Camping World –
Chevron/Coca Cola Mart –
Denny’s Restaurant –
Guest House Inn & Suites –
Holiday Inn/Wilsonville –
McDonald’s – 29682 SW Town Center Loop
Wilsonville Honda –
Wilsonville Inn & Suites –
PENDLETON
Baxter Auto Parts - 336 SW Emigrant Ave
MEDFORD
Baxter Auto Parts - 3755 Crater Lake Hwy
LA GRANDE
Baxter Auto Parts - 1423 Adams Ave
KLAMATH
Baxter Auto Parts - 2935 S 6th St
LA PINE
Baxter Auto Parts - 52674 N Hwy 97
PRINEVILLE
Baxter Auto Parts - 391 NW 3rd St
SISTERS
Baxter Auto Parts - 303 SE Hood St
REDMOND
Baxter Auto Parts - 526 NW Greenwood Ave
WHITE CITY
Baxter Auto Parts - 8332 Crater Lake Hwy
Oregon, Washington & California
BUSINESSES W/ MULTIPLE LOCATIONS
Autozone
Baxter Auto Parts
Bi-Mart
DSU Peterbuilt & GMC
Industrial Welding Supply
Knecht's Auto Parts
Les Schwab Tire Centers
Napa Auto Parts
O’Reilly Auto Parts
Sunbelt Rentals
Washington
AUBURN
DG Machine –
BELLINGHAM
CAMAS
FEDERAL WAY
MILTON
PORT ORCHARD
PUYALLUP
TACOMA
VANCOUVER
A-1 Performance Transmission & Converters – 6211 NE 88th St
Gaynor’s Automotive – 9305 A NE Hwy 99
Oregon Cam Grinding – 5913 NE 127th Ave Suite 20
CENTRALIA
Baxter Auto Parts - 1106 W Main Street
LONGVIEW
Baxter Auto Parts - 940 Vandercook Way
PORT ANGELES
Baxter Auto Parts - 221 W First Street
KENNEWICK
Baxter Auto Parts - 950 W Columbia Dr
RENTON
Baxter Auto Parts - 4616 NE 4th Street
California
MOUNT SHASTA
Baxter Auto Parts - 508 S Mount Shasta Blvd
YREKA
Baxter Auto Parts - 400 S Main St
OCCUPATIONAL HEALTH AND
SAFETY ACT (OHSA)
Do I have to register with the Workplace Safety and Insurance Board?
Do my employees have to report work related injuries to me as their employer?
Yes. Employees must report any work related injury to you. As their employer, you then have 3 days to report any lost time or medical aid injury to the WSIB.
I would like to know the minimum age for summer help in the landscaping trade as each year we employ 2 to 3 students.
Depending on the type of work that the students will be doing for you the minimum age varies. 15 year olds are permitted to work in industrial workplaces when they are required to use various pieces of equipment. 16 year olds are permitted to work on construction sites and 18 year olds are permitted to work in the mining industry.
DEFINITIONS
If my workplace is a very old building, can extension cords be used as a permanent source for power? Are they grand-fathered if new wiring not feasible? What extra responsibilities would be required?
These types of situations are rare, but I would have the local electrical utility to come in and inspect the building. The MOL defers to them in this area.
If our building is very old and the ramp for transporting clients (in wheelchairs) is steep and increases the risk to the worker, what are some recommendations for control (There isn’t enough room to change the incline of the ramp and elevators do not connect to parts of the building)?
Grand-fathering is an issue in this situation. The employer should investigate the safest possible steps to be taken to ensure access for the client and safety for the employee. In some cases it may require a second person to be assigned to assist, etc.
If a vehicle is considered a workplace and a worker is in an accident going to their first client, are they covered by the Act even though they do not get paid for mileage to their first client? Agency? Or visit?
WSIB Legislation stipulates that if the person is normally required to use their vehicle to conduct work then they are covered as soon as the get into their vehicle on route to their first client. If the person only uses the vehicle at times, they are only covered once they have gone to their work headquarters and not during their commute. Could it be argued that the worker may not have been in the accident if they had not been on route to their client? The WSIB looks at each case individually but as a rule, if the person drives and uses the vehicle during their daily activity, the accident would be deemed work related.
With regards to volunteers: Does the employer have any responsibilities in the workplace in terms of the Act? In regards to them driving to and from the workplace if they are in an accident when they do not get any payment? What about if they get an honorarium?
The Occupational Health and Safety Act applies in employment situations only, as such volunteers are not covered, nor are they covered by WSIB legislation. Even in situations where they receive honorariums this interpretation applies. The only exception to this is the Volunteer Fire Fighters and that is by specific regulations. I always strongly advise companies to orient their volunteers to the same safety practices though, an ounce of prevention is worth a pound of cure and if volunteers work in a safe manner, then they do not create any additional unsafe conditions for the regular staff.
Have workers been covered under the WSIB legislation if they slip in their own driveway while preparing to go to their first client?
Not that I am aware of. Normally work starts once the vehicle leaves the person's driveway, unless the person has a "home as headquarters" arrangement.
How can a supervisor be compliant and show due diligence if their employer limits or impedes them from making appropriate decisions and follow up?
I always say "Document, document, document. If the supervisor has tried to get appropriate training programs or equipment changes and the employer has said No, document it. They can call the MOL and file an anonymous complaint just like any worker. If an incident occurs, they can also pull out their copies of the documentation to prove their efforts (How can they let MOL know and still realistically survive in their job?).