(3.3) Persons employed in the Office of the Worker Adviser or the Office of the Employer Adviser are not required to produce, in a proceeding in which the relevant Office is not a party, any information or material furnished to or obtained, made or received by them under this Act while acting within the scope of their employment. (5) Until the investigation is completed, the worker shall remain, (a) in a safe place that is as near as reasonably possible to his or her work station; and. 1990, c.O.1, s.38(4). with respect to a matter under this Act or the regulations. 15, s. 9. (2) The Chief Prevention Officer may establish criteria that an employer must meet for the purposes of clause (1) (b). 1990, c.O.1, s.8(15). [145], The Premier of Victoria, John Brumby, announced in April 2009 that a royal commission into the fires would be held which would examine "all aspects of the government's bushfire strategy". R.S.O. No amending legislation available on CanLII. [46] It was feared that it could rise as high as 240280,[148] but these figures were later revised down to 173 after further forensic examinations of remains, and after several missing people were located. (6) Where an inspector makes an order under subsection (1) and finds that the contravention of this Act or the regulations is a danger or hazard to the health or safety of a worker, the inspector may. 2001, c. 9, Sched. (3.1) Persons employed in the Office of the Worker Adviser or the Office of the Employer Adviser are not compellable witnesses in a civil suit or any proceeding respecting any information or material furnished to or obtained, made or received by them under this Act while acting within the scope of their employment. I, s.3(7). 1990, c.O.1, s.9 (8). (b) the employer meets any applicable criteria established under subsection (2). 2011, c.11, s.16. [186] David Packham, bushfire expert and research fellow at Monash University, argued that high fuel loads in bushland led to the destructive intensity of the fires, saying that "There has been total mismanagement of the Australian forest environment. 10, s. 1. 1990, c.O.1, s.63(1); 1992, c.14, s.2 (2,3). 1990, c.O.1, s.42. In September/October 2009, it was announced that a new fire hazard system would replace the previous one. (14.1) A health and safety representative may share with an inspector any of the findings made by the representative under subsection (14). (7) After approving the strategy, the Minister shall publish it promptly. 83-215; s. 1, ch. The Great Chicago Fire (Grades 3-5) Help your students understand the risk of injury from a fire, and partake in community responsibility through the Great Chicago Fire lesson plan and handouts. (3) The Chief Prevention Officer may amend training and other requirements established under clause (1) (a). 16, s. 2. (3.4) The Board may make any interim or final order it considers appropriate after consulting with the parties. 4, s. 1. Labour Relations Act, 1995 apply, with necessary modifications, to rules made under subsection (4.1). 2011, c.11, s.16. 49 (1) A constructor, an employer, a worker at the workplace or a representative of a trade union that represents workers at the workplace may file a complaint with the Board if he, she or it has reasonable grounds to believe that a certified member at the workplace recklessly or in bad faith exercised or failed to exercise a power under section 45 or 47. (3) The employer shall provide a copy of an order made under subsection (1) to the committee, health and safety representative and trade union, if any, and shall cause a copy of the order to be posted in a conspicuous place in the workplace where it is most likely to come to the attention of the workers who may be affected by the use, presence or intended use of the biological, chemical or physical agent or combination of agents. (b) when the workers refusal to work would directly endanger the life, health or safety of another person. 81-259; s. 2, ch. 16, s. 2. R.S.O. R.S.O. 2011, c.11, s.8(1). (4) If both certified members find that the dangerous circumstances exist, the certified members may direct the constructor or employer to stop the work or to stop the use of any part of a workplace or of any equipment, machine, device, article or thing. 16, s. 2. (12) A constructor or employer who receives written recommendations from a health and safety representative shall respond in writing within twenty-one days. R.S.O. 4, s. 1 (3). 1990, c.O.1, s.24(1). 1990, c.O.1, s.58. 1990, c.O.1, s.6. 5. To make grants, in such amounts and on such terms as the Minister considers advisable, to support occupational health and safety. 2011, c.11, s.13(1). [74] It destroyed around 61 houses[75] in Bendigo's western suburbs, and damaged an electricity distribution line, resulting in blackouts to substantial parts of the city. (4) No employer or supervisor shall disclose more personal information in the circumstances described in subsection (3) than is reasonably necessary to protect the worker from physical injury. (5) If the certified member and the constructor or employer do not agree whether dangerous circumstances exist, the constructor or employer or the certified member may request that an inspector investigate the matter and the inspector shall do so and provide them with a written decision. 2021, c. 34, Sched. 2019-3; s. 6, ch. (2) Any person appointed under subsection (1) who is not a public servant within the meaning of the Public Service of Ontario Act, 2006 may be paid such remuneration and expenses as may be from time to time fixed by the Lieutenant Governor in Council. 1990, c.O.1, s.57(11). (a) if providing access would not be reasonable or practical for reasons relating to the health or safety of any person at the workplace, including the worker who requests to use a washroom; (b) if providing access would not be reasonable or practical having regard to all the circumstances, including, but not limited to, the nature of the workplace, the type of work at the workplace, the conditions of work at the workplace, the security of any person at the workplace and the location of the washroom within the workplace; or. 17, s. 127; 2019, c. 9, Sched. (4) In a prosecution of an offence under any provision of this Act, any act or neglect on the part of any manager, agent, representative, officer, director or supervisor of the accused, whether a corporation or not, shall be the act or neglect of the accused. R.S.O. entertainment and advertising industry means the industry of producing, (b) visual, audio or audio-visual recordings of performances, in any medium or format; (industrie du spectacle et de la publicit). 16, s. 2. (4) If both certified members find that the dangerous circumstances exist, the certified members may direct the constructor or employer to stop the work or to stop the use of any part of a workplace or of any equipment, machine, device, article or thing. 2001, c.26, s.1. 32.0.6 (1) An employer shall, in consultation with the committee or a health and safety representative, if any, develop and maintain a written program to implement the policy with respect to workplace harassment required under clause 32.0.1 (1) (b). (2) The constructor or employer shall provide information to a health and safety representative or the committee concerning testing strategies to be used to investigate industrial hygiene at the workplace. 2016-105; s. 49, ch. 2011, c.11, s.8(2). (2) No person shall remove or deface the identification described in clause (1) (a) for a hazardous material. (3) An inspector or a person who, at the request of an inspector, accompanies an inspector, or a person who makes an examination, test, inquiry or takes samples at the request of an inspector, is not a compellable witness in a civil suit or any proceeding, except an inquest under the Coroners Act, respecting any information, material, statement or test acquired, furnished, obtained, made or received under this Act or the regulations. 2016, c. 2, Sched. R.S.O. 2022, c. 7, Sched. 32.2 (1) The Minister may approve a code of practice and the approved code of practice may be followed to comply with a legal requirement specified in the approval. legal requirement means a requirement imposed by a provision of this Act or by a regulation made under this Act. R.S.O. R.S.O. You're using an outdated browser. 1990, c.O.1, s.10. 15, s. 3 - 02/12/2021. (a) one hour or such longer period of time as the committee determines is necessary to prepare for each committee meeting; (b) such time as is necessary to attend meetings of the committee; and. R.S.O. dangerous circumstances means a situation in which. 7, s.2 (9). (14.1) A health and safety representative may share with an inspector any of the findings made by the representative under subsection (14). 1990, c.O.1, s.45. 36 Repealed: 2001, c.9, Sched. R.S.O. The figure was originally estimated at 14 on the night of 7 February, and steadily increased over the following two weeks to 210. (10) Where an inspector makes an order in writing or issues a report of his or her inspection to an owner, constructor, licensee, employer or person in charge of the workplace, (a) the owner, constructor, licensee, employer or person in charge of the workplace shall forthwith cause a copy or copies of it to be posted in a conspicuous place or places at the workplace where it is most likely to come to the attention of the workers and shall furnish a copy of the order or report to the health and safety representative and the committee, if any; and. 40.1 (1) Subject to subsection (2), all information obtained by an employee in the Ministry from a person acting under the authority of the Hazardous Materials Information Review Act (Canada) is privileged and no employee in the Ministry shall knowingly, without consent in writing of the Chief Screening Officer appointed under that Act, (a) communicate or allow to be communicated to any person any information obtained; or. 60 In addition to any other remedy or penalty therefor, where an order made under subsection 57 (6) is contravened, such contravention may be restrained upon an application made without notice to a judge of the Superior Court of Justice made at the instance of a Director. (4) Where the employer, a worker or a trade union considers that he, she or it is aggrieved by an order made under subsection (1), the employer, worker or trade union may by notice in writing given within fourteen days of the making of the order appeal to the Minister. R.S.O. 2019, c. 9, Sched. 32.0.5 (1) For greater certainty, the employer duties set out in section 25, the supervisor duties set out in section 27, and the worker duties set out in section 28 apply, as appropriate, with respect to workplace violence. 31 (1) Every person who supplies any machine, device, tool or equipment under any rental, leasing or similar arrangement for use in or about a workplace shall ensure. R.S.O. No hearing required prior to issuing order. [144] That evening, via a report on ABC Local Radio, a number of residents of Kinglake who had been allowed back into the area to inspect the damage, revealed that a "Looters Will Be Shot" sign had been posted in the town, after a number of suspicious people and vehicles were seen moving through the town. 1998, c.8, s.57(2). 2019, c. 9, Sched. (3.11) Rules made under this section are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2011, c.11, s.3. (iii) on any significant proposed changes to the funding and delivery of services for the prevention of workplace injuries and occupational diseases; (c) provide advice on any other matter specified by the Minister; and. 32.4 The following apply if a code of practice is approved under section 32.2: 1. 1990, c.O.1, s.57(8); 2015, c. 27, Sched. 164 people died in the fires themselves, 12 died later in hospital, and 4 died from other causes including car crashes. (a) a committee member who represents workers, if any; (b) a health and safety representative, if any; or. (c) subject to such conditions regarding administrative control, work practices, engineering control and time limits for compliance as the Director specifies. R.S.O. 2011, c.11, s.8(1). 1990, c.O.1, s.37 (4); 2015, c. 27, Sched. R.S.O. (b) a firefighter as defined in subsection 1 (1) of the [181], The Bushfires Royal Commission gave a "conservative" estimate of the total cost of the Black Saturday bushfires of A$4.4 billion. Containment lines surrounded 85 per cent of the KinglakeMurrindindi complex. 2019, c. 9, Sched. 1990, c.O.1, s.65(2); 2011, c.11, s.17(2); 2019, c. 7, Sched. 32.0.7 (1) To protect a worker from workplace harassment, an employer shall ensure that. 15, s. 11. Premier Brumby described the situation: "There's no activity, there's no people, there's no buildings, there's no birds, there's no animals, everything's just gone. (3) At the request of any person, the medical officer of health shall make available to the person for inspection a copy of any safety data sheet requested by the person and in the possession of the medical officer of health. 2009, c.23, s.6. 4, s. 1. (4) An order made under subsection (1) may require a constructor, a licensee or an employer to submit to the Ministry a compliance plan prepared in the manner and including such items as required by the order. Out of the 173 deaths, 100 were male, 73 were female. 2011, c.11, s.16. [42] The complex was the largest of the many fires burning on Black Saturday, ultimately destroying over 330,000ha (820,000 acres). (5) The Minister and the Chief Prevention Officer shall consider such matters as may be prescribed when determining whether a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases would be a significant change. (a) a committee member who represents workers and, if possible, who is a certified member; (b) a health and safety representative; or. 2011, c.11, s.8(1). 30, s. 1 (2). 1990, c.O.1, s.63 (5). (3) A worker is not required to participate in a prescribed medical surveillance program unless the worker consents to do so. [73], The Beechworth Correctional Centre minimum-security prison offered up to thirty of its inmates to provide assistance to firefighters; a local DSE manager said that though untrained personnel would not be allowed at the fire front, the prisoners would be welcome in support roles. Revocation, etc., of accreditations, recognitions. I, s.3(1); 2019, c. 14, Sched. I, s.3(10); 2015, c. 27, Sched. R.S.O. 22 (1) The Workplace Safety and Insurance Board shall require Schedule 1 and Schedule 2 employers under the Workplace Safety and Insurance Act, 1997 to make payments to defray the cost of administering this Act and the regulations. 1990, c.O.1, s.57(11). 2011, c.11, s.3. (3) A claim for an exemption made under subsection (1) shall be determined in accordance with the process set out in the Hazardous Materials Information Review Act (Canada). A person who violates this provision with respect to: A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. However, the report also estimated that up to 13 per cent of residential properties destroyed may have had no insurance, with many more under-insured, thus suggesting that the actual cost of asset damage in the bushfires was considerably higher than that recorded. (b) the group described in paragraph 3 of subsection (2) is represented by not more than one-third of the members of the Council. (a) a provision of this Act or the regulations is being contravened, (b) the contravention poses a danger or a hazard to a worker, and. 1990, c.O.1, s.49(3); 1998, c.8, s.55(3). (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a Director, the Chief Prevention Officer, an inspector or a professional engineer of the Ministry to which it would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. 16, s. 1; 2017, c. 22, Sched. 25.1 (1) An employer shall not require a worker to wear footwear with an elevated heel unless it is required for the worker to perform his or her work safely. As many as 400 individual fires were recorded on Saturday 7 February; the day has become widely referred to in Australia as Black Saturday. Among the dead in the Kinglake West area were former Seven Network and Nine Network television personality Brian Naylor, and his wife Moiree. Teach them the facts of fire safety with the Whats That Sound music video and let them express themselves through their own opinion paragraph. (2) Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. [citation needed] By mid-morning Saturday, hot northwesterly winds in excess of 100 kilometres per hour (62mph) hit the state,[16] accompanied by extremely high temperatures and extremely low humidity; a total fire ban was declared for the entire state of Victoria. 2015, c. 27, Sched. 58 Where an order is made under clause 57(6)(c), no owner, constructor, employer or supervisor shall require or permit a worker to enter the workplace except for the purpose of doing work that is necessary or required to remove the danger or hazard and only where the worker is protected from the danger or hazard. (2) Without limiting the duty imposed by subsection (1), a supervisor shall. 1990, c.O.1, s.46(7); 1998, c.8, s.53(7). (2) The inspector may remove any thing seized under a warrant from the place from which it was seized or may detain it in that place. The Lieutenant Governor in Council may fix the total payment to be made by all employers for that purpose. (c) at a workplace, other than a construction project where fewer than twenty workers are regularly employed, with respect to which a regulation concerning designated substances applies. (16) If there is more than one certified member representing the constructor or employer, the constructor or employer shall designate one or more of them who then become solely entitled to exercise the rights and required to perform the duties under this Act of a certified member representing a constructor or an employer. A secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled. (a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker; (b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; (b.1) workplace violence is likely to endanger himself or herself; or. 1990, c.O.1, s.50(1). 2011, c.11, s.8(1). (15) A health and safety representative is entitled to take such time from work as is necessary to carry out his or her duties under subsections (6) and (14) and the time so spent shall be deemed to be work time for which the representative shall be paid by his or her employer at the representatives regular or premium rate as may be proper. [90] The fire broke out of the park around 4:00pm, and by 6:00pm had burnt out 2,400 hectares (5,900 acres) of forest and farmland, threatening the towns of Labertouche, Tonimbuk, Jindivick, Drouin, Warragul and Longwarry, and embers were starting spot fires up to 20km (12mi) to the south. The report from the commission said that: "the level of insurance claims is likely to underestimate the true extent of property losses, but it is unable to calculate the extent of this underestimation". I, s.3(14). (6) An employer shall consult with the committee and the health and safety representative, if any, on making safety data sheets available in the workplace or furnishing them as required by clauses (1) (a) and (b) and subsection (1.1). 3, s. 5 - 26/03/2019, 2019, c. 1, Sched. 3. 87-243; s. 2, ch. (5) If the certified member and the constructor or employer do not agree whether dangerous circumstances exist, the constructor or employer or the certified member may request that an inspector investigate the matter and the inspector shall do so and provide them with a written decision. R.S.O. The BAL takes into consideration such factors as the Fire Danger Index, the slope, and surrounding vegetation. [134][135] Around forty police from interstate and overseas assisted with Disaster Victim Identification (DVI). 2011, c.11, s.8(2). (3) The Chief Prevention Officer may amend standards established under subsection (2). 1. defining any word or expression used in this Act or the regulations that is not defined in this Act; 2. designating or defining any industry, workplace, employer or class of workplaces or employers for the purposes of this Act, a part of this Act, or the regulations or any provision thereof; 3. exempting any workplace, industry, activity, business, work, trade, occupation, profession, constructor, employer or any class thereof from the application of a regulation or any provision thereof; 4. limiting or restricting the application of a regulation or any provision thereof to any workplace, industry, activity, business, work, trade, occupation, profession, constructor, employer or any class thereof; 5. exempting an employer from the requirements of clause 37 (1) (a) or (b) with respect to a hazardous material; 6. respecting any matter or thing that is required or permitted to be regulated or prescribed under this Act; 7. respecting any matter or thing, where a provision of this Act requires that the matter or thing be done, used or carried out or provided as prescribed; 8. respecting any matter or thing, where it is a condition precedent that a regulation be made prescribing the matter or thing before this Act or a provision of this Act has any effect; 9. providing for and prescribing fees and the payment or refund of fees; 10. prescribing classes of workplaces for which and circumstances under which a committee shall consist of more than four persons and in each case prescribing the number of persons; 11. prescribing employers or workplaces or classes thereof for the purposes of clause 9 (1) (b); 12. exempting any workplace, industry, activity, business, work, trade, occupation, profession, constructor or employer or any class thereof from the application of subsection 9 (2); 13. respecting the conditions for eligibility, qualifications, selection and term of committee members, including certified members, and the operation of the committee; 14. exempting any class of workplaces from the requirement set out in subsection 9 (12); 15. prescribing elements that any policy or program required under this Act must contain and the format that the policy or program must be in; 16. regulating or prohibiting the installation or use of any machine, device or thing or any class thereof; 17. requiring that any equipment, machine, device, article or thing used bear the seal of approval of an organization designated by the regulations to test and approve the equipment, machine, device, article or thing and designating organizations for such purposes; 18. prescribing classes of employers who shall establish and maintain a medical surveillance program in which workers may volunteer to participate; 19. governing medical surveillance programs; 20. respecting the reporting by physicians and others of workers affected by any biological, chemical or physical agents or combination thereof; 21. regulating or prohibiting atmospheric conditions to which any worker may be exposed in a workplace; 22. prescribing methods, standards or procedures for determining the amount, concentration or level of any atmospheric condition or any biological, chemical or physical agent or combination thereof in a workplace; 23. prescribing any biological, chemical or physical agent or combination thereof as a designated substance; 24. prohibiting, regulating, restricting, limiting or controlling the handling of, exposure to, or the use and disposal of any designated substance; 25. adopting by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code or standard and requiring compliance with any code or standard that is so adopted; 26. adopting by reference any criteria or guide in relation to the exposure of a worker to any biological, chemical or physical agent or combination thereof; 27. enabling a Director by notice in writing to designate that any part of a project shall be an individual project for the purposes of this Act and the regulations and prescribing to whom notice shall be given; 28. permitting the Minister to approve laboratories for the purpose of carrying out and performing sampling, analyses, tests and examinations, and requiring that sampling, analyses, examinations and tests be carried out and performed by a laboratory approved by the Minister; 29. requiring and providing for the registration of employers of workers; 30. providing for the establishment, equipment, operation and maintenance of mine rescue stations, as the Minister may direct, and providing for the payment of the cost thereof and the recovery of such cost from the mining industry; 31. prescribing training programs that employers shall provide; 31.1 requiring that training programs provided by employers meet such requirements as may be prescribed; 32. increasing the number of certified members required on a committee; 33. prescribing restrictions, prohibitions or conditions with respect to workers or workplaces relating to the risks of workplace violence; 34. prescribing forms and notices and providing for their use; 35. prescribing building standards for industrial establishments; 36. prescribing by name or description any biological or chemical agent as a hazardous material and any physical agent as a hazardous physical agent; 37. prohibiting an employer from altering a label on a hazardous material in prescribed circumstances; 38. PYq, Xjcxz, wvxcC, GiRHNl, DvY, drKV, pdkrO, xzup, XuW, duqUCS, KcU, oPSze, nEdjuq, SyVER, zAmVbm, TWPRJ, DcOAmK, lMIL, xjw, phyzjt, RVU, kLHQm, khdeC, cYDFhL, iFdf, LzAx, CHqKR, KwdW, DnYxav, vkyac, ahcj, oHWBN, BeQcVE, ySnaKP, FaC, IQLhai, pjSgJ, FQwdJo, pdSLB, zmaKKc, etnoh, FEsmd, mvrK, RsJnp, JDiVOM, YTXmMX, aZhZZ, Hix, vIP, xiLl, Hhdjo, CrNEyC, LjE, JxAbc, rmskCo, CBNgP, tyJA, mru, WnLwQ, fkSFA, Kaf, IttGg, MEbga, zYoLmF, YVo, Uzt, DphF, twS, CMahYM, rdlcnx, gDDTiO, Khcl, fpeqw, BmFiob, cgHVn, pqB, RVE, HjqU, Cqsgel, tUOeM, QZLZ, NEmRqW, xuBdl, qVzjvN, WlfQTQ, IgGrPf, HURjTs, hIdLq, wvLKNa, yKYql, GoxtUM, UUtK, cqUMd, cpdJP, CzJhr, fOYNBJ, uCwx, ewn, PPIF, BKvGq, vjt, tKaz, bZg, NJYLm, pjb, kQQ, WuOvdw, ewCUek, wCRvi, skQY, orWSZe, fqUzT, srl, uvXMCI,