Ministry

The new requirements for Naloxone in the workplace come into force June 1, 2023. As always, BCOHS has been engaged in this change through our written comments through the consultation phase and since then through conversation with Ministry staff. Here are our thoughts on this change to the Act:

The only guidance document that will likely be made available is the information found on this page:

https://www.ontario.ca/page/naloxone-workplace

There is now a regulation addressing the naloxone kits themselves. There is no other regulation planned at this time.

The guidance provided from the website page addresses the risk of an incident where you must comply. In summary, if there are no obvious indicators of a likely overdose in your workplace by a worker performing work for your employer (described more fully in the guidance document) then you do not need to comply.

As further guidance, the use of opioids itself is not a trigger enough to say they’re going to overdose in the workplace. Your risk assessment must see obvious signs that opioids are being used in the workplace.

In cases where an employer might decide to establish kits and have trained workers because they have an interface with the general public and they wish to be a good corporate citizen, a company should clearly document the decision to outfit the kits and train workers. In this case the company is taking the action for the good of the general public they interface with and not for ‘at risk workers’ in their workplace.

One of the priorities of BCOHS is working strategically with Ontario’s Health & Safety regulators.

An example of how we do this is by submitting the input of our members to MLTSD consultations on proposed regulatory changes – such as Naloxone, Tower Cranes, Notice of Projects, First-Aid Modernization, etc. For a listing of recent notices (https://www.labour.gov.on.ca/english/resources/notices.php#december172021).

We encourage everyone working in the Health& Safety field to review and provide input to these opportunities whenever they arise – the Ministry values the feedback from workplace parties to help make the system better for all of us ; workers, employers and society.

The Ministry’s Supporting Ontario’s Safe Employers program is a voluntary program made up of two parts:

• accreditation of an occupational health and safety management system (OHSMS) and
• recognition of employers who have successfully implemented an accredited OHSMS and meet other criteria set by the CPO (Chief Prevention Officer)

A business with an Occupational Health & Safety Management System that is already accredited by the Chief Prevention Officer can apply for recognition. As well a business can apply to have their in-house developed OHSMS accredited by the CPO.

As of November 2019, the CPO has accredited the following standards:

• ISO 45001:2018: Occupational health and safety management systems — Requirements with guidance for use
• CSA Z45001-19: Occupational health and safety management systems — Requirements with guidance for use
• BS OHSAS 18001: 2007: Occupational health and safety management system — Requirements
• COR™ (2020) updated standard to be available for implementation January 2020

 Once a business has an accredited OHSMS in place the steps to Recognition are quite involved – the Criteria includes verification, audits (including a 3^rd party certification audit), demonstrated worker participation and Internal Responsibility System, good standing with the MOLTSD and WSIB. On an ongoing basis a 3^rd party audit must be conducted every 3 yrs in addition to internal audits, and annual reporting to the CPO must be done.

The financial rewards are Workplace Safety and Insurance Board (WSIB) rebates, limited to a three-year period after receiving recognition in the program.

 Applications for accreditation or for employer recognition are not yet being accepted. Application documents are expected in Winter 2020.

There are criteria for Revocation of recognition status that you should be aware of. Revocation will be revoked for failure to maintain the 3^rd Party audit requirements.

In addition it will be revoked for :

• any Part III conviction under the Provincial Offences Act against an employer for a violation under the Occupational Health and Safety Act
• Ontario Labour Relations Board decisions ruling against the employer or a person acting on behalf of an employer for reprising against a worker for exercising their rights under Occupational Health and Safety Act,
• any orders issued against an employer for failing to cause a joint health and safety committee to be established, or failing to cause workers to select a health and safety representative, as required under the Occupational Health and Safety Act,
• any false information, reference, or documents that have been attested or submitted to the Ministry of Labour, Training and Skills Development by the employer, and

an Annual Report has not been submitted to the CPO by the anniversary date of the employer receiving CPO recognition or where the employer no longer meets all of the Employer Recognition Criteria.