Ministry of Labour

Inspections in Healthcare Facilities by the Ministry of Labour

Presented to the WSIB Safety Group Sponsored by the Ontario Safety Association for Community

and Healthcare (OSACH)

February 28, 2008

Leonard Kuehner, M.Sc.

Provincial Specialist

Ministry of Labour

2

Disclaimer

The material in this presentation is being provided as information only. Reference should always be made to the Occupational Health and Safety Act and the regulations to ascertain one's rights and duties under the law. It is the responsibility of all workplace parties to ensure compliance with the OHSA and the regulations and to seek independent legal advice where questions remain.

Ministry of Labour

3

Outline

Elements of an Inspection in a Healthcare facility– Administrative Review

• A sample of the elements reviewed:– Infection Prevention and Control – Pandemic Influenza Planning– Workplace Violence Prevention– Ergonomic Issues– Needle Safety

– Physical Inspection

• Enforcement

• After the Inspection

Ministry of Labour

4

The Ministry of Labour’s Role in Occupational Health and Safety

• Set, communicate and enforce the Occupational Health and Safety Act (the “Act”) and associated regulations.

• 4 Programs: - Industrial - 28 sectors (Healthcare)- Construction- Diving- Mining

Ministry of Labour

5

Role of the MOL Inspector

• Enforcement of the Act and related regulations– Conduct:

• Proactive inspections• Reactive investigations

– Sanctions and Recommendation of prosecutions under the Act for contraventions

Ministry of Labour

6

Process for Inspections

• Unannounced/unscheduled

• Components:– Administrative review

• Consultation with workplace parties, worker health and safety representative, Joint Health and Safety Committee

– Physical inspection of the workplace

• Preparation and delivery of inspection findings in field visit report(s)– Sections:

• Orders where there is a contravention with the legislation (Notice of Compliance Form issued)

• Narrative (commentary)

Ministry of Labour

7

– Internal Responsibility System – members, minutes, issues, monthly inspections

– Copy of the Act and current Policy posted

– Effective Programs and training, maintenance• MSDS and WHMIS training• Infection Prevention and Control Programs • Pandemic Planning and Response• Safety Engineered Medical Devices (SEMDs)• Workplace Violence Prevention Programs and Training

– Musculoskeletal Disorders (MSDs)/Ergonomic Injuries - review of From 7s, recurring injuries, issues, actions to address issues

Administrative Review

Ministry of Labour

8

Infection Prevention and Control:

• Written measures and procedures, developed in consultation with JHSC

• Annually reviewed (or when new information available, for example MOHLTC Important Health Notices (IHNs))

• Risk assessment to identify risk of exposure to blood, body fluids, infectious diseases or sharps injury

Ministry of Labour

9

Infection Prevention and Control:

• Implement control measures to reduce risk

• Training and education of staff

• Use of personal protective equipment

• Reporting of occupational illnesses under s.52(2) of the Occupational Health and Safety Act

Ministry of Labour

10

Pandemic Influenza Planning:

• Regulation for Healthcare and Residential Facilities requires employers to have written measures and procedures for the control of infections– Written procedures dealing with Health and Safety of workers in

the event of pandemic influenza

• Consultation with the Joint Health and Safety Committee required

• Worker training

• Personal protective equipment– Training, proper use and maintenance, proper fit

Ministry of Labour

11

Workplace Violence Prevention

• Under the Occupational Health and Safety Act, all employers must take every precaution reasonable in the circumstances to protect the health and safety of their workers in the workplace. This includes protecting them against the risk of workplace violence.

Ministry of Labour

12

Workplace Violence Prevention

• Greater potential of risk of workplace violence in healthcare settings

– Issue order for risk assessment where appropriate

– Where risk assessment reveals a hazard, the employer is to establish and implement written measures and procedures for a violence prevention program, developed in consultation with JHSC

– Annually reviewed (or when new information available)

– Worker training

Ministry of Labour

13

Ergonomic Injuries/MSD Initiative

• Half of all work days lost are due to ergonomics-related injuries

• Inspectors focus on workplace MSD at high-risk workplaces

• Where appropriate, require employers to conduct risk assessments and implement programs where MSDs are prevalent.

Ministry of Labour

14

Needle Safety Regulation (O. Reg. 474/07)

– Comes into effect September 1, 2008

– Applies to acute care facilities in Ontario.

– It will mandate the use of safety-engineered hollow-bore needles and needle-less devices in hospitals.

– Proposed amendment in the future that extends the requirements to other health care workplaces such as long term care homes

– Currently, where a safety-engineered needle would be a

reasonable precaution to protect a worker, an employer is required to provide for its use

Ministry of Labour

15

Physical Inspection

– A walk through random areas of the facility

• Physical hazards, such as slips/trips/falls, machine guarding, lock-out, storage of materials, lift devices

• Personal Protective Equipment - eye, foot, skin, respirator, etc

• WHMIS (Workplace Hazardous Material Information System) – labels, Material Safety Data Sheets (MSDSs) and worker education

• Designated Substances

Ministry of Labour

16

Enforcement Tools for Contraventions

• Progressive Enforcement

– Orders

– Part I Offence Notice and Summons

– Part III Summons

Ministry of Labour

17

Enforcement Tools: Orders

• Time-based (deadline)• Requirement (deadline)• Forthwith (complied with at the time

of the field visit)• Compliance plan (deadline)• Stop work (effective immediately, no

deadline)

Ministry of Labour

18

Enforcement Tools

• Part I Offence Notice – schedule of offences

• Part I Summons – court appearance with maximum fine of $500

- no prison time

• Part III SummonsIndividual

- court appearance with maximum fine of $25,000 per count and/or up to twelve months imprisonment

Corporation - court appearance with maximum fine of $500,000 per

count

Ministry of Labour

19

After the Inspection

• When the Inspector conducts the inspection and delivers the field visit report of the findings, ask questions.

• If uncertain about how to comply with an Inspector’s order, the employer may wish to contact a Health and Safety Association for assistance or contact the MOL Inspector for further explanation.

Ministry of Labour

20

After the Inspection

• If a delay is anticipated in complying with an Inspector’s order - inform the MOL Inspector immediately.

• If there is disagreement with an Inspector’s order, there is a 30-day time period (from the date the order was issued) during which to file an appeal of the order with the Ontario Labour Relations Board (OLRB).

• For information about their firm’s Illness and Injury rates, a business should contact their WSIB Client Service Representative.

Ministry of Labour

21

Questions?