Study Notes for 3625.01 Regulations, Agencies and Associations

Trade Practices – Safety, Tools and Equipment Learning Outcome

  • Content: 3625.01 Regulations, agencies, and associations related to workplace practices for the Horticultural Technician Trade.

Occupational Health and Safety Act (OHSA)

Overview of the OHSA

  • The Ontario Occupational Health and Safety Act (OHSA) has been fundamental in regulating health and safety in Ontario’s workplaces since 1979, with major amendments in 1990.
    • Enforced by the Ministry of Labour.
    • Provides a legal framework to help employers prevent and handle workplace hazards, including hazardous materials and workplace sexual harassment.
    • Aims to protect workers from workplace hazards while educating them about their rights regarding hazards.

Who is Covered Under OHSA?

  • Applicability: The OHSA applies to almost all workers and workplaces, including:
    • Contractors and subcontractors performing work for compensation.
  • Definitions:
    • Worker: “A person who performs work or supplies services for monetary compensation.”
    • Workplace: “Any land, premises, location or thing at, upon, in or near which a worker works.”
    • Employer: “A person who employs or contracts for the services of one or more workers.”
  • Exemptions: Some occupations are exempt, nonetheless, the Act covers most workplaces.

Employers' Duties Under the OHSA

  • Employers have specific responsibilities which include:
    • Ensuring health and safety for workers by taking all possible and reasonable precautions.
    • Maintenance of equipment, materials, and protective equipment in good condition.
    • Providing necessary information, instruction, and supervision for worker safety and health.
    • Cooperating with health and safety representatives or Joint Health and Safety Committees (JHSC).
    • Posting OHSA copies and explanatory materials in languages understood by workers.
    • Preparing and implementing a written health and safety policy if employing over five workers, reviewed annually.

Joint Health and Safety Committees (JHSC)

Role of JHSC

  • JHSCs enforce the Internal Responsibility System and consist of worker and management representatives:
    • Required if a workplace has 20 or more employees (at least two members).
    • Required to expand to four members for 50 or more employees.
  • Powers include:
    • Identifying hazards.
    • Conducting workplace inspections.
    • Investigating work refusals and injuries.
    • Making health and safety improvement recommendations.
    • Employers must cooperate with JHSCs.

Health and Safety Representatives

  • If a workplace has fewer than 20 but more than five workers, a health and safety representative (instead of a JHSC) is needed unless a specific designated substance regulation requires a committee.
    • Must be elected from workers who do not have managerial roles.
    • Holds many similar powers as the JHSC, except the authority to stop work.
  • Workplaces with one to five employees are generally exempt unless a designated substance regulation applies.

Ministry of Labour Training and Skills Development

Purpose of the Ministry

  • Protects workers and resolves workplace disputes.
  • Supports skilled trades and apprenticeships, helps with employment services, and assists newcomers.

Functions of the Ministry

  • Work to prevent workplace fatalities, injuries, and illnesses through:
    • Enforcement cooperation with organizations like the Workplace Safety and Insurance Board (WSIB) and Health and Safety Associations (HSAs).
    • Developing health and safety awareness and training programs.
    • Inspection of high-risk workplaces for compliance with health standards.
    • Addressing employment standards complaints and providing funding for third-party organizations.
    • Offering mediation for labour disputes.

Workplace Safety and Insurance Board (WSIB)

Overview of WSIB

  • Plays a crucial role in Ontario's occupational health and safety system.
  • Provides no-fault collective liability insurance and health safety information.
  • Supports workers with loss of earnings benefits, healthcare coverage, and assistance in returning to work post-injury.
  • Entirely funded by employers.

Technical Standards and Safety Authority (TSSA)

Role of TSSA

  • A self-funding organization responsible for the administration and enforcement of the Technical Standards and Safety Act.
  • Focuses on safety standards in areas like:
    • Boilers and pressure vessels.
    • Operating engineers.
    • Amusement devices.
    • Fuels (including regulation through inspections and licensing).

Ontario Regional Common Ground Alliance (ORCGA)

Function of ORCGA

  • Promotes efficient damage prevention for Ontario's underground infrastructure.
  • Engages stakeholders to work together to enhance safety, holding approximately 450 organizations.

Canadian Nursery Landscape Association (CNLA)

Overview of CNLA

  • A national federation representing nine provincial landscape and horticulture associations with over 4,600 members.
  • Represents $2.2 billion at the farm gate and over $14 billion in economic impact.

Mission and Vision of CNLA

  • Mission: Develop programs and alliances for sustainable prosperity within the industry.
  • Vision: Establish a professional horticultural industry that's recognized for the environmental and economic contributions of its members.

Landscape Ontario (LO)

Overview of Landscape Ontario

  • The premier horticultural trades association in Ontario, comprising over 3,000 professional members.
  • Mission focuses on representing and advancing the horticulture industry standards and interests.

Chapters and Groups

  • Regular meetings facilitate education and networking.
  • Address needs across sectors, including:
    • Durham, Toronto, Golden Horseshoe, and others across various specialties (e.g., Landscaping Contractors, Lawn Care).

Ontario Parks Association (OPA)

Overview of OPA

  • A charity focused on protecting green spaces and training park professionals since 1936.
  • Advocates for open space preservation and sustainability.

Ontario Parks Association Foundation (OPAF)

Purpose of OPAF

  • Founded in 1987, aims to advance education in parks and horticulture.
  • Provides financial assistance for students in environmental and related fields.

Transportation of Dangerous Goods (TDG) Regulations

Overview of TDG Regulations

  • Mandates safety standards for transporting dangerous goods across Canada.
  • Ensures safe handling and communication of hazards.

Key Elements of TDG Regulations

  • Components: Training, classification, document preparation, containment selection, emergency response plans, and incident reporting.
  • Training is crucial; handling dangerous goods requires proper training before any handling occurs.

Compliance Under TDG

  • Applies to anyone involved in the shipping, transporting, handling, or receiving of dangerous goods (including the public).
  • Exemptions: Small quantities and particular situations may have exemptions.

Ontario Highway Traffic Act

Overview

  • Governs traffic offences classification and regulations.

Safety Tips for Highway Driving

  • Key Tips:
    • Plan your trip ahead.
    • Stay alert and follow all traffic laws.
    • Maintain safe speeds and visibility.

Circle Checks

Overview of Circle Checks

  • Required for certain commercial vehicles (weighing over 4,500 kg) in Ontario.
  • A visual and physical inspection around the vehicle to spot potential risks and damages.

Process of Circle Checks

  • Steps include checking tires, lights, fluids, brakes, and overall vehicle condition.

Visual Circle Check Components

  • Items include windshield, wipers, tires, lights, brakes, and more (complete checklist available).

Commercial Vehicle Operator's Registration (CVOR)

Requirement of CVOR

  • Operators of commercial vehicles in Ontario, USA, or Mexico must have a valid CVOR certificate.
  • Must always keep the certificate updated and available during vehicle operations.

Vehicles Requiring CVOR Certification

  • Trucks over 4,500 kg, certain pick-up trucks and buses, as well as specific vehicles configured for towing.

Vehicles Exempt from CVOR

  • Trucks or buses from other provinces/territories (with proper safety certificates), lighter vehicles, and vehicles for personal, non-commercial use.

Traffic Control in Work Zones

Purpose

  • To protect workers and the public by managing traffic flow during construction.

Traffic Control Legislation

  • Includes Industrial Regulations, Construction Regulations, and the Ontario Traffic Control Manual (Book 7).

General Safety Measures

  • Lane delineators, warning signs, flashing lights, and other devices must be utilized as necessary for worker protection.

Traffic Protection Plan Requirements

  • Based on project conditions, hazards assessed must be documented, and plans made available to inspectors.

Required Protective Clothing

  • Workers must wear reflective and identifiable clothing for visibility against vehicular traffic.

Chemical Safety in Pesticides

Overview of Pesticide Regulations

  • Ontario bans certain pesticides for non-essential use but provides exceptions for public health, natural resources, and other sectors under specific regulations.

Licensing for Pesticide Use

  • Exterminator, operator, and vendor licenses are required to apply and sell pesticides appropriately.

Classes of Pest Control Products

  • Defined four classes: manufacturing, restricted, commercial, and domestic, dictating their usage.

Proper Pesticide Handling and Storage

  • Store pesticides away from children and pets, in locked cabinets, and keep chemicals clearly labeled and maintained according to guidelines.

Pesticide Disposal

  • Municipal collection sites are available for disposing of leftover pesticides.

Conservation and Environmental Protection

Conservation Authorities Act

  • Mandates programs for resource conservation and management within Ontario watersheds.

Site-Alteration By-law Overview

  • Regulates fill placement and land grading, requiring permits in certain cases.

Ontario Building Code Regulations

  • Governs construction activities including renovations, inspections, and property standards.

Migratory Birds Convention Act

  • Protects migratory birds and their habitats, making it unlawful to harm them unlawfully.

Endangered Species Act

  • Prohibits damaging habitats for listed endangered or threatened species.

Fish and Wildlife Conservation Act

  • Governs use and protection of fish and wildlife, detailing responsibilities and regulations for various activities and species.