New MOL Guidelines for HSR Training – Nothing to Floss Over

Recently, the Ontario Ministry of Labour (MOL) published a guideline for health and safety representative (HSR) training designed for workplaces with fewer than 20 workers—ideally suited for the majority of dental practices which may affect dental hygienists. There were no changes for workplaces with 20 or more regularly employed workers which are required to have a joint health and safety committee and must follow the legislative requirements for two-part certification training of at least two members of the committee.

All workplaces including dental practices with between 6 and 19 regularly employed workers require a HSR. This representative must be a worker, not a member of management, and is to be selected by other workers. That means that many dental hygienists may be elected as a HSR or are currently conducting themselves within that role.

HSRs play an important role in ensuring workplaces are kept safe and healthy and support the internal responsibility system (IRS). According to the MOL, to be effective in carrying out their duties HSRs should have broad, basic occupational health and safety knowledge and be aware of their specific role in the workplace. To gain that knowledge, HSRs require training.

Prior to the MOL’s Health and Safety Representative Basic Training Program Guideline, there was no direction for employers or training providers on the purpose, design, delivery and learning outcomes for HSR training. This means that most HSRs who could be dental hygienists have been unsure about their role and responsibilities and how to carry out their duties. While the guideline is purposeful, employers voluntarily follow them and this is where it can tricky.

Ideally, employers are initiating and expanding on their safety programs on a regular basis, but the reality is that doesn’t always happen. Like other professional standards, guidelines are written, typically with a particular focus, to help employers adopt better and safer ways of conducting their business. This guideline is no exception, even if it begins to raise awareness of training needs where there has been little to none in the past. In addition, it is inherently easier to develop a standard or guideline from among a group of experts than to create new legislation which requires enactment from the government and is more time consuming. It doesn’t mean that future changes in legislation may not occur.

The anticipation of guidelines is that employers readily adopt them making them so commonplace that they become a reasonable expectation. It’s for this intention that guidelines, albeit voluntary, potentially replace the need for legislation as employers satisfy their obligations under the Occupational Health and Safety Act:

Duties of Employers

s.25(2)(e) “Afford assistance and co-operation to a committee and a health and safety representative in the carrying out by the committee and the health and safety representative  of any of their functions;”

s.25(2)(h) “Take every precaution reasonable in the circumstances for the protection of a worker;”

Therefore, it’s important in the development of safer workplaces that employers practice and demonstrate their commitment to safety by adopting guidelines such as this HSR Basic Training Program Guideline.

In a statement from the MOL,  the OHSA does not require employers to ensure the HSR receives any ‘specified’ training. However, the intended outcome of the HSR Basic Training Program Guideline is that upon successful completion of a training program the HSR would have the foundational knowledge and skills needed to fulfill their legislated duties as an HSR per section 8 of the OHSA and be able to support the workplace parties in understanding their roles as part of the IRS in preventing workplace injuries, illnesses and fatalities.

In fact, the latest editions of the OHSA states: “On a day to be named by proclamation of the Lieutenant Governor, section 8 is amended by adding the following subsections:

Training Requirement

(5.1) Unless otherwise prescribed, a constructor or employer shall ensure that a health and safety representative selected under subsection (5) receives training to enable him or her to effectively exercise the powers and perform the duties of a health and safety representative.”

In the end, the HSR Basic Training Program Guideline identifies what health and safety professionals and others have known for years. Workers who become HSRs are put in the position with little or no training or support and are left to figure it out on their own. The Expert Advisory Panel on Occupational Health and Safety Report and Recommendations to the Ministry of Labour, December 2010 (“the Dean Report”) identified the need for training. It continued that workplace parties need to have access to information about working conditions and understand their roles and responsibilities to effectively support the function of the IRS. In certain small workplaces that are without the most basic knowledge, workplace parties are limited in their ability to identify and discuss hazards and remedies.

One of the ways in which employers meet legal obligations to impart health and safety information to protect workers is through training. With recent changes to JHSC certification training the conversation shifted to the lonely HSR functioning within small organizations. It is likely that the decision not to make the training program guideline mandatory in Ontario at this time was to avoid burdening small businesses.

By now, it may seem obvious that HSR training differs from the occupational health and safety awareness training that employers are required to ensure that all workers have completed under O. Reg. 297/13). Topics for one-day HSR training under the Training Program Guideline should include:

• Occupational health and safety law
• Rights, duties and responsibilities of the workplace parties
• Duties and responsibilities of the HSR under the OHSA
• Common workplace hazards
• Hazard recognition, assessment, control and evaluation (RACE methodology) of hazard controls
• Applying the RACE methodology to a workplace hazard

The MOL currently recommends that HSR training be repeated every five (5) years, or more often as necessary to allow the HSR to maintain their knowledge and skills and provide an opportunity to update any changes to the OHSA and its regulations.

In addition to a basic HSR training program, HSRs should take sector specific health and safety training to address hazards that are specific to their workplaces. This could be achieved through Joint Health and Safety Committee certification training, Part 2 training which explores sector-specific workplace hazards.

Upon review of the hazards common in dental practices, it is apparent that dental hygienists and other dental professionals are subject to significant hazards and may be at a greater risk of harm if they are unaware of:

•             the risks involved with the significant hazards;

•             how to protect themselves and their coworkers; and

•             their legal rights under the OHSA.
Given the challenges within the role as HSR, training becomes increasingly important for JHSC members and HSRs for the protection of the workers and the employer. Every dental practice employer should take proactive measures to protect the health and safety by ensuring that the HSR or JHSC members, as applicable, receive training. All dental practice owners that require a JHSC must provide both Part 1 and Part 2 certification training.  Training is available through approved training providers but look for one specializing in dentistry for more relatability.

Lack of training on significant hazards can result in incidents causing harm up to and including occupational illness and death to one or more workers.  This can also leave the employer in a position of significant liability under the OHSA, and for those not insured under the WSIA, open to a civil suit.

When possible, it is preferred that HSRs receive the same in-class instruction mandatory for JHSCs which includes a total of five days; Part 1 Basic (3 days) and Part 2 (2 days). Although this recommendation exceeds the voluntary HSR Basic Training Program Guideline, HSRs thereby participate in a certified CPO-approved training program that is both thorough and has a proven track record.  In addition, HSRs benefit from the interaction of other participants and the support of an instructor setting them up for success when they return to the workplace.

In summary, it is recommended that HSRs receive at a minimum training that meets the MOL’s new HSR Basic Training Program Guideline and if possible complete a Chief Prevention Office (CPO)-approved JHSC certification Part 1 and Part 2 training program. This will provide a level of understanding for the HSR to proceed in their role with the confidence and knowledge needed for success.

Dental Practice Safety is the leading occupational health and safety organization meeting the unique needs of the dental industry. We are a team of seasoned professionals certified in occupational health and safety with both the Canadian Society of Safety Engineering (CSSE) and the Board of Canadian Registered Safety Professionals (CRSP).  We are bound by a code of ethics developed by each of these organizations. We have extensive experience, training and working with dental professionals.  Life-long learning is our passion and helps us continue to bring exciting solutions to your industry.

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Contact Dental Practice Safety at 416.283.7233 or contact us for further information.