New Ontario regulation streamlines OH&S reporting, notice requirements
By Sherrard Kuzz LLP
On July 1, O. Reg. 420/21: Notices and Reports under Sections 51 To 53.1 of the Act – Fatalities, Critical Injuries, Occupational Illnesses and Other Incidents under the Ontario Occupational Health and Safety Act (“Regulation 420/21”) came into effect, to streamline the notice and reporting requirements under the Occupational Health and Safety Act (“OHSA”).
Regulation 420/21 incorporates the definition of “critical injury” from its former regulation:
- places life in jeopardy
- produces unconsciousness
- results in substantial loss of blood
- involves the fracture of a leg or arm but not a finger or toe
- involves the amputation of a leg, arm, hand or foot but not a finger or toe
- consists of burns to a major portion of the body
- causes the loss of sight in an eye.
It also consolidates the notice and reporting obligations formerly found in various industry-specific regulations under the OHSA. As such, the notice and reporting requirements in the following regulations have been revoked:
- Regulation 851: Industrial Establishments
- Regulation 854: Mines and Mining Plants
- Regulation 855: Oil and Gas – Offshore
- Regulation 859: Window Cleaning
- Regulation 861: X-Ray Safety
- Regulation 213/91: Construction Projects
- Regulation 67/93: Health Care and Residential Facilities
- Regulation 629/94: Diving Operations
- Regulation 414/05: Farming Operations
The regulation prescribes the content of the written report or notice to be provided by an employer or constructor under Sections 51-53.1 of the OHSA.
The regulation requires an employer or constructor to retain for at least three years a copy of any written notice or report required under Sections 51 to 53.1 of the OHSA.
The regulation permits an employer or constructor to file a written report or notice electronically with the Ministry of Labour, Training and Skills Development, through an Ontario Government website (with forms available shortly).
An employer governed by the OHSA should review its accident reporting policies and protocols to ensure they comply with the requirements of Regulation 420/21.