The MLTSD Arrived. Now What? A Guide for the JHSC
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The thought of a surprise visit from the Ministry of Labour, Training, and Skills Development (MLTSD) is usually fraught with anxiety. But, since the MLTSD and the Joint Health and Safety Committee (JHSC) share a common goal, a visit from the MLTSD shouldn’t be a source of concern.
One of the ways that the MLTSD helps organizations work toward safety objectives is to perform both scheduled and unscheduled inspections. Unscheduled inspections, known as blitzes, are part of the MLTSD’s ongoing workplace compliance initiatives, and they’re usually aimed at specific sectors, industries, or practices. In this article, we cover: |
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When you see an MLTSD Inspector approaching your workplace, welcome them
MLTSD Rights Under the Act
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As per the Occupational Health and Safety Act (The Act), s.54, any MLTSD Inspector may:
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The Role of the JHSC
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When you see an MLTSD Inspector approaching your workplace, welcome them. Get the inspection started on the right foot by being helpful, friendly, and confident that your workplace is compliant with all applicable legislation.
A worker member of the JHSC is entitled to accompany the inspector throughout the inspection. The purpose of this is to foster the idea of working together. In addition to the worker member who accompanies the inspector, other employees, managers, or the employer may also actively participate in the inspection by answering questions, sharing knowledge, and producing any documents the inspector requests. |
Commonly requested documents include:
Inspectors may also ask to see demonstrations of work processes or see machinery in action. Be prepared to comply. |
Work Refusal Investigations
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When a work refusal is not resolved in-house, the MLTSD will visit your business to investigate. A JHSC member should accompany the MLTSD Inspector and be an active participant in the investigation.
JHSC members should ensure that obstruction is not occurring. Section 62 of the Act states that no person shall hinder, obstruct, molest, or interfere with, or attempt to hinder, obstruct, molest, or interfere with an MLTSD Inspector. Obstruction includes:
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Even if there are no orders, the JHSC may have noted some ideas to make the next inspection smoother
When the MLTSD Leaves
When the Inspector leaves, it doesn’t signify the end of an ordeal, but rather the start of necessary work.
In the event the Inspector found a deficiency and wrote an order, the JHSC will be instrumental in advising on a plan to achieve compliance. Then, once compliant, a worker and management member of the JHSC must sign a notice of compliance and send it to the MLTSD within three days. Section 59 of the Act outlines the process. If the JHSC and employer agree than appeal is appropriate, they must file an appeal within 30 days to the Ontario Labour Relation Board.
The JHSC must receive a copy of the MLTSD’s report containing the findings of their inspection regardless of if there were orders. The JHSC should meet to go over the findings and discuss aspects of the inspection that went well. They should also go over areas of improvement. Even if there were no orders, the JHSC may have noted some ideas to make the next inspection smoother, such as ensuring documents are easily accessible or making sure all workers know where to access safety information.
In the event the Inspector found a deficiency and wrote an order, the JHSC will be instrumental in advising on a plan to achieve compliance. Then, once compliant, a worker and management member of the JHSC must sign a notice of compliance and send it to the MLTSD within three days. Section 59 of the Act outlines the process. If the JHSC and employer agree than appeal is appropriate, they must file an appeal within 30 days to the Ontario Labour Relation Board.
The JHSC must receive a copy of the MLTSD’s report containing the findings of their inspection regardless of if there were orders. The JHSC should meet to go over the findings and discuss aspects of the inspection that went well. They should also go over areas of improvement. Even if there were no orders, the JHSC may have noted some ideas to make the next inspection smoother, such as ensuring documents are easily accessible or making sure all workers know where to access safety information.
Trust MidSouthWest Training and Consulting
Training is key when it comes to having an effective and efficient JHSC.
MidSouthWest Training and Consulting provides JHSC training in association with Langlois Safety Training and Consulting Services, an approved CPO Provider. You can trust MidSouthWest Training and Consulting to provide you with cost-effective training solutions tailored to meet your organization’s unique health and safety needs.
To learn more, contact us online or call 289.309.1143. Visit us 24/7 on the web at midsouthwest.ca.
MidSouthWest Training and Consulting provides JHSC training in association with Langlois Safety Training and Consulting Services, an approved CPO Provider. You can trust MidSouthWest Training and Consulting to provide you with cost-effective training solutions tailored to meet your organization’s unique health and safety needs.
To learn more, contact us online or call 289.309.1143. Visit us 24/7 on the web at midsouthwest.ca.
Last updated February 9, 2021
