Frequently Asked Questions

Q: How can I ensure proof of diligence for my company?

A: Click here to answer these diligence questions.

Q: How often do I have to re-train my employees?

A: Training must be current. WHMIS is an annual review. Any other records of training should be less than 2 years old unless otherwise prescribed, such as propane and first aid, which is 3 years.

Q: My workers told me they were trained before, but they don't have any proof or record of training. What should I do?

A:  As an employer, the burden of proof is on you. Records of training and documentation are your easiest way to verify training was completed.

Q: I only have 3 employees. Do I need to get them safety training?

A: Yes, Section 25 & 26 of the Occupational Health & Safety Act sets out employer obligations. One of those obligations is to ensure workers receive the required training as prescribed by the Act and regulations and to ensure workers are working safety, regardless of how many employees you have. Also many general contractors are asking their subs for proof of training for everyone on site.

Q: What are the basic safety training courses that workers need?

A: WHMIS is required for all employees regardless of class of work performed if they work with or in the vicinity of hazardous materials. This includes all construction, on site architects and engineering and maintenance workers. Fall Protection is required under section 26 of the Ontario regulations for construction projects. This also includes all construction, on site architects and engineering and maintenance workers. A course for supervisors so they understand the Occupational Health & Safety Act and Legal Responsibilities. Propane Training is required under O. reg. 215-01 and the CSA safe handling code for propane B-149.2-05 for any worker who connects or operates any propane equipment. Workers who use Scissor Lifts or Boom Type Lifts, otherwise known as power elevated work platforms (pewps) are required under section 147 of O. reg. 213/91 to be trained in the proper safe use of any class of machine the worker may use. First Aid & CPR is required under WSIB reg. 1101, confined space, chain saw, boom operator. These are to name some of the mandatory safety training that a employer is required to provide to workers.

Q: Is your training certified?

A: Yes. We are certified for all of the training we offer. If you are asked for proof of training, our training meets the requirements for the Ministry of Labour and WSIB.

Q: (a) What is Bill C-45 and (b) how does it affect me and my business?

A: (a) Bill C-45 became law as of March 0f 2004, this Federal Bill added provisions to the Criminal Code to prosecute for negligence of OH&S responsibilities. Click here for a copy of The Plain Language Guide to Bill C-45.

(b) This bill shouldn't affect you or your business if you are currently in full compliance with the OHSA. But if you are not in full compliance with the OHSA there is always risk of criminal charges as well as charges under the OHSA.

Q: (a) What is a Health and Safety Policy and Program? (b) Why do I need one? (c) How will it help our organization?

A: (a) A Health and Safety Policy is senior managements written commitment to the health and safety of the workers. The policy is usually one page in length, however the program includes your plan outlining how the company will achieve the objective of their policy statement, which is usually "A safe work environment & zero accidents". The program is often a comprehensive document which will outline a specific plan of actions to be followed to minimize risk to workers and contribute towards proving due diligence.

(b) You require one for at least three reasons. First and most important, because you really want your workers to make it home to be with their families and loved ones every evening. Second it is law, in Ontario section 25.2.J of the Occupational Health and Safety Act (OHSA) requires all employers with more than five workers, (weather directly employed or subcontracted), to prepare and review annually a written health and safety policy and a program to implement that policy. Third, without a policy and program it will be much more difficult to prove your diligence in the event you are charged with an offence under the OHSA or regulations.

(c) A policy and program will help your organization only if it is implemented. Some of the benefits of a safe workplace are; less injuries and associated hardship for workers, less cost for training replacement workers, lower compensation premiums and or rebates, no MOL fines, less property damage, increased worker morale which results in satisfied workers that will always increase productivity and benefit the bottom line $$.

Q: Will having a safety consultant do regular site inspections help us work safer?

A: Yes, only if you correct all unsafe situations as noted and any similar situations. Having a safety consultant will also give you a guide or measurement to the level of safety practices within your workplace. Remember these inspections will only be helpful if you are willing to act upon the safety issues and take corrective action. The supervisor must enforce safety on a daily basis, not only when the boss or the safety consultant is on site.

This is the opinion of the Construction Safety Services Inc., and is NOT to be considered as legal advice.

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