Effective July 1st, 2021, Ontario Regulation 420/21 amends the workplace accident reporting requirements in the Occupational Health and Safety Act (OHSA). These amendments apply to the reporting procedures for fatalities, critical injuries, occupational illnesses and other incidents.
Changes in Workplace Accident Reporting:
1. Defines “critically” injured and revokes the previous definition under Regulation 834
“critically injured” means an injury of a serious nature that,
(a) places life in jeopardy,
(b) produces unconsciousness,
(c) results in substantial loss of blood,
(d) involves the fracture of a leg or arm but not a finger or toe,
(e) involves the amputation of a leg, arm, hand or foot but not a finger or toe,
(f) consists of burns to a major portion of the body, or
(g) causes the loss of sight in an eye; (“gravement blessé”)
2. Reporting requirements for workplace death or critical injury consolidates sections 51-53 of OSHA, removing previously instated industry specific requirements.3. In written report or notice of workplace accident employers must include the following information:
- The name, address and type of business of the employer.
- The name of the worker
- The nature of the bodily injury or occupational illness.
- For a written report involving a worker:
- the name and address of the constructor if the occurrence is at a project,
- the address of the worker,
- the nature and circumstances of the occurrence, including a description of any machinery, equipment or procedure involved,
- the time, date and place of the occurrence, and
- the name and address of the legally qualified medical practitioner, registered nurse who holds an extended certificate of registration under the Nursing Act, 1991 or medical facility that is attending to or attended to the worker.
4. Prescribes specific reporting requirements for mining and construction employers. For construction projects, notice must be provided if the following incidents occur:
- a worker falls a vertical distance of three metres or more,
- a worker falls and the fall is arrested by a fall arrest system other than a fall restricting system,
- a worker becomes unconscious for any reason,
- there is accidental contact by a worker or by a worker’s tool or equipment with energized electrical equipment, installations or conductors,
- there is accidental contact by a crane, similar hoisting device, backhoe, power shovel or other vehicle or equipment or its load with an energized electrical conductor rated at more than 750 volts,
- there is a structural failure of all or part of falsework designed by, or required by Ontario Regulation 213/91 (Construction Projects) to be designed by, a professional engineer,
- there is a structural failure of a principal supporting member, including a column, beam, wall or truss, of a structure,
- there is a failure of all or part of the structural supports of a scaffold,
- there is a structural failure of all or part of an earth- or water-retaining structure, including a failure of the temporary or permanent supports for a shaft, tunnel, caisson, cofferdam or trench,
- there is a failure of a wall of an excavation or of similar earthwork with respect to which a professional engineer has given a written opinion that the stability of the wall is such that no worker will be endangered by it, or
- there is an overturning or a structural failure of all or part of a crane or similar hoisting device.
5. Requires that employers keep a copy of a written report or notice for 3 yearsIt should be noted that Regulation 420/21 does not apply to instances where death, critical injury, medical attention, or prevention of work performance occurs as a result of a collision that occurs on a “highway” as defined under the Highway Traffic Act.
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