“Working at Heights” Training Deadline Extended
Patrick Ganley and Jeffrey Stewart
April 3, 2017
Brief Background
Ontario’s Working at Heights training requirements came into force on April 1, 2015, requiring every employer to ensure any worker on a construction project successfully complete a Working at Heights training program approved by the Chief Prevention Officer (CPO) and delivered by a CPO-approved training provider, before the worker can work at heights.
There was a two-year transition period for a worker who, prior to April 1, 2015, had met the fall protection training requirements then in force1 under the Occupational Health and Safety Act. Those workers had until April 1, 2017 to complete an approved Working at Heights training program.
The deadline for a worker to complete Working at Heights training has now been extended from April 1, 2017 to October 1, 2017.2 This training is valid for three years.
Who Qualifies for the Extension?
The extension to October 1, 2017 does not apply to every construction worker who requires Working at Heights training, but only to a worker who:
Prior to April 1, 2015, completed training that complied with then existing legislation; and
Is enrolled in an approved Working at Heights training program scheduled to be completed before October 1, 2017.
In respect of the latter, an employer must have written confirmation of the worker’s enrollment in the training program, available to a Ministry of Labour inspector, if requested. No specific documentation is required so long as confirmation includes the:
worker’s name
name of the approved training provider
name of the training program
scheduled date of training completion
Working at Heights Training
Working at Heights training applies to all construction projects in Ontario and includes:
rights and responsibilities related to working at heights
hazard identification
ladder safety
proper usage of personal protective equipment
Every construction employer is required to ensure every worker using one of the following methods of fall protection completes approved training:
travel restraint system
fall restricting system
fall arrest system
safety net
work belt
safety belt
What Happens If Training is Not Completed on Time?
A construction employer has a duty to ensure a worker on its site has the required training. Employing the services of a worker without this training risks injury, a compliance order, fine, or stop work order (if the risk is serious and a hazard is imminent).
Finding an Approved Trainer
The Ministry of Labour has set out a list of approved training providers at: https://www.labour.gov.on.ca/english/hs/wah_providers.php.
To learn more and for assistance contact the health and safety experts at Sherrard Kuzz LLP.
Patrick Ganley is a lawyer, and Jeffrey Stewart is an Articling Student, with Sherrard Kuzz LLP, one of Canada’s leading employment and labour law firms, representing management. Patrick and Jeffrey can be reached at 416.603.0700 (Main), 416.420.0738 (24 Hour) or by visiting www.sherrardkuzz.com.
The information contained in this article is provided for general information purposes only and does not constitute legal or other professional advice, nor does accessing this information create a lawyer-client relationship. This article is current as of April 3, 2017 and applies only to Ontario, Canada, or such other laws of Canada as expressly indicated.
To read the original PDF from Sherrard Kuzz, Download this file: Briefing Note – Working At Heights Training Extension – Sherrard Kuzz LLP Employment & Labour Lawyers – April 2017.