|
Changes to the Occupational Health and
Safety Act
The Ontario Federation
of Labour (OFL), in August 2001, established the Solidarity
Network to fight against the latest round of assaults by
the Harris government. The goal of the Solidarity Network
is "to establish and provide the training for a network
of activists at the local union and community level. The
network would play a critical role in mobilizing for strike
support, rallies and other events across the province."
In November, Belleville,
Cornwall, Kingston, and Ottawa were sites for training on
the effects of Bill 57, An Act to promote government
efficiency and to improve services to taxpayers by amending
or repealing certain Acts or The Government Efficiency Act
(short title). Bill 57 amends 37 different laws. Changes
to the Occupational Health and Safety Act (OHSA) put the
lives of all Ontario workers at risk.
"It took
a century of union battles to build up worker health and
safety protections in
this province," said OPSEU president Leah Casselman. "We
cannot let one government
wipe them away with the stroke of a pen… Bill 57 is very,
very serious," she said.
"This bill targets workers, including OPSEU members, in
the most dangerous jobs
in society. Lives really are at stake. The time to speak
up is now."
OHSA changes
Among the proposed changes to the Occupational
Health and Safety Act are:
- Repeal of Section 43 (7). Under the current law,
workers have the right to refuse unsafe work. They have
the right to have the workplace investigated by a Ministry
of Labour inspector. Workers have the right to be there
during the investigation. The new amendment would allow
an inspector to investigate the incident over the phone
and not enter the workplace. An inspector could issue
a ruling on a workplace hazard without ever seeing it.
This change denies the worker an opportunity to have an
objective, competent appraisal of the hazard. This gives
bad employers the opportunity to force the workers back
to unsafe working conditions through intimidation or deceit.
Imagine an electrical inspector evaluating the integrity
of your household wiring by asking questions over the phone.
How safe would you feel?
- Repeal of Section 34. Section 34 required employers
to provide notice prior to the introduction of new chemicals
or biological agents into the workplace.
By removing this requirement, workers may be exposed to
hazardous materials that have not been evaluated for health
& safety risks. Yearly, thousands of products with new chemical
combinations are released. The probability of spills, inhalations,
and other accidents are just a matter of time. The worker's
right to know has been removed. The Ministry of Labour's
role of protecting workers and ensuring compliance with
safe working procedures has been compromised.
- Repeal of Section 36. Section 36 of the Act required
that employers keep an inventory of hazardous substances
in the workplace along with a floor plan showing their
location. This information was required to be accessible
to the Joint Health & Safety Committee members and the
public.
This section provided protection not just for the workers
and the Community but also ensured that if emergency workers
had to respond to fires, spills or explosions, they would
not be hampered by lack of knowledge of the hazards.
- Repeal of Section 52 (1). Previously, employers
were required to report accidents to the Health and Safety
Director within four days. The amended law requires this
only if an inspector is notified.
Inspectors are seldom called to investigate minor accidents.
Now, the Director won't know about dangerous workplaces
- until something major happens. Wouldn't it be better to
correct unsafe situations before major incidents occur?
This change also gives employers more flexibility in defining
a critical injury, and as a result under-reporting accidents.
- Repeal of Section 57 (10). Under the previous
legislation, inspectors were required to provide the complaining
worker with a copy of the inspection report.
Now, the report is provided only upon request! This is
a further erosion of the workers' right to know.
- New Part III.1 Codes of Practice A code of practice
is a set of health and safety guidelines. These
guidelines will replace Regulations.
If you recall, following the Walkerton debacle, under intense
political pressure, the Ontario Cabinet toughened the Ontario
Drinking Water Guidelines into regulations. The Codes of
Practice turn strong regulations into weak guidelines and
remove employer accountability for healthy and safe workplaces.
- Subsection 3.2. Empowers the Minister of Labour
to permit workers who are not members of the Joint Health
& Safety Committee to conduct inspections and to represent
workers during work refusals
Training for these non-members would be at the discretion
of the employer. The employer decides who does the training,
what it will consist of, and whether or not they want to
spend money on it! How much employer paid training have
you had since you started to work?
The message to the Unions is clear. The Government is not
interested in justice, human rights, or safer workplaces.
Profits come before people.
Where do we go from here?
We need to work to improve the health and safety of our
workplaces despite the changes effected by Bill 57. Worker
members of Joint Health & Safety Committees need to review
their duties and powers under the Occupational Health &
Safety Act. Be sure you are exercising every means possible
to safeguard the health & safety of your members. Inspect
and investigate all accidents and injuries. Demand to be
consulted and to participate in all workplace testing (i.e.
air quality, molds, etc). Be sure to request copies of all
Ministry of Labour reports, employer health and safety reports,
and work refusals. Request all training programs required
by WHMIS.
Educate your members about the protocol of Work Refusals.
Get copies of WSIB claims at your workplace [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 workday cases, the number
of lost workdays, the number of non-fatal cases that required
medical aid without lost workdays, 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. 1990, c. O.1, s. 12 (1); 1997, c. 16, s. 2 (4).]
Be vigilant. Be informed. Be safe. Be connected to the
Solidarity Network.
Sara Manoll
smanoll@sl.on.ca
top
|
