WSIB and OHS for Employers in Ontario – January 2010

WSIB and OHS for Employers in Ontario – January 2010

OHS Updates

1. Bill 118 in Ontario (Countering Distracted Driving) effective October 26, 2009 and prohibits the use of devices with display screens and hand-held cell phones to be used while driving. Texting or dialing at red lights is NOT permitted. Vehicles must be off the travelled part of the road and not in motion. Police start ticketing on February 1, 2010. New challenges to address in your policies relate to device users who continue to dial their cell phones and wireless hand held devices because the voice activation command prompts for dialing a call are not adequate. We recommend an update to your OHS policies and communication of these new policies to all employees who use company provided cell phones or BlackBerry devices.

Link: Bill 118, Countering Distracted Driving and Promoting Green Transportation Act, 2009

2. First Aid CPR Training: We offer a variety of First Aid CPR courses including our newly designed Workplace First Aid Training. This course prepares your dedicated first aiders by using training, scenarios and equipment customized to reflect your work environment. With a focus on scenarios, as well as the supplies, protocols and paperwork needed to handle emergencies most effectively, this course will prepare your company like no other. Course graduates receive 3-year Canadian Red Cross First Aid, CPR and AED certification.

Link: contact Jordon at

3. Informative Due Diligence case R. v. Lonkar (2009) from the Court of Appeal in Alberta, (young worker disobeyed, fatality, and employer not liable). The basis of this appeal relates to the instructions, training and warning provided by the employer and it is instructive for all employers. This case is a must read for anyone interested in Due Diligence.

Link: R. v. Lonkar (2009) 


WSIB Updates

1. WSIB Alert: There are many changes occurring at the WSIB affecting employers in Ontario. Some of these are: the new Second Injury Enhancement Fund (SIEF) team in Hamilton, more reductions in the number of WSIB Investigators, the reported removal of all WSIB ergonomists and the WSIB’s review of Joint Health and Safety Committee (JHSC) Certification Standards. Employers are urged to go to the WSIB website and read this consultation report and submit your comments by February 5, 2010. The WSIB is considering making the Part I JHSC Certification Training a minimum number of 3-5 days in length. This is certainly not appropriate or cost efficient for lower risk environments. Also, there are some rumblings that the Hamilton SIEF team appear to be inspired by the Morneau Sobeco Report. Employers and consultants have been receiving decisions where “minor” workplace accidents are being classified as “moderate” and consequently, the level of SIEF is being reduced in these claims to 25%. Employers are advised to remember that a “moderate” accident is not determined by the injury or outcome for the worker but by what would reasonably be expected from an accident of that nature. A moderate accident is EXPECTED to cause a disabling injury. If the outcome of the accident is enhanced by other factors relating to the worker’s health, this is not a basis to call the accident “moderate”. Contact us if you have received one of these decisions and would like some assistance

2. CAD-7 Alert: Try to never let your Lost Time Claims go longer than 7-days (ever). Otherwise the claim will count on your frequency index for the next two years. A frequency index of 2 claims in one year can put you in a surcharge position. Reminder: Favorable CAD-7 decisions that you receive in the current year (2010) will not show on your CAD-7 statement until the next year (2011). If a worker has a Repetitive Strain injury or Musculoskeletal injury, contact us at and we will help you prevent that claim from going over 7 days.

OHS Bill 168 Complimentary Checklist for Employers: In Ontario, this bill has received Royal Assent as of December 15, 2009 and becomes effective for employers in Ontario on June 15, 2010. Employers are now required to have a violence and harassment prevention policy posted and a training program in place. Click here to receive your copy.

Link: Violence & Harassment Prevention Policy Checklist


Get Involved & Make it Better!

1) Go on the WSIB Website and send your thoughts about JHSC Certification before February 5, 2010 2) Click on the CCOH site and send a letter to Stephen Harper about the export of Asbestos. I’ve even added the PM’s contact info here. All you have to do is cut and paste the CCOH letter and send it here! Thanks to the Canadian Occupational Safety Magazine website for bringing this to our attention.

February 2010 Bulletin: 

Complimentary Bill 168 Policy for Employers; IRS; Important Clause for Employment Policies: to prohibit employees from speaking about company, brand, or any employee on social networking sites; WSIB Appeals and Complimentary Seminars for Employers, other groups, firms or associations (on-site or in-house).