Blog Post #61 – Additional Duties of Employers in Ontario – Section 26 of the ACT

Blog Post #61 – Additional Duties of Employers in Ontario – Section 26 of the ACT

Many people know section 25 of the ACT. But are they also as familiar with the second half of the duties for employers? Section 26 has additional information that must be adhered to and is just as important to the safety in the workplace as the information provided in Section 25.

Section 26, Additional Duties of employers, In addition to the duties imposed by Section 25, an employer shall:

a) Establish an occupational health service for workers as prescribed;
b) Where an occupational health service is established are prescribed , maintain the same according to the standards prescribed;
c) Keep and maintain accurate records of the handling, storage, use and disposal of biological, chemical or physical agents as prescribed;
d) Accurately keep and maintain and make available to the worker affected such records of the exposure of a worker to biological, chemical or physical agents as may be prescribed;
e) Notify a Director of the use or introduction into a workplace of such biological, chemical or physical agents as may be prescribed;
f) Monitor at such time or times or at such interval or intervals the levels of biological, chemical or physical agents as may be prescribed;
g) Comply with a standard limiting an exposure of a worker to biological, chemical or physical agents as prescribed;
h) Establish a medical surveillance program for the benefit of workers as prescribed;
i) Provide for safety-related medical examinations and tests for workers as prescribed;
j) Where so prescribed, only permit a worker to work or be in a workplace who has undergone such medical examinations, tests or x-rays as prescribed and who is found to be physically fit to do the work in the workplace;
k) Where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for the protection of the worker; and
l) Carry out such training programs for workers, supervisors and committee members as prescribed.

Now as an extra, I would like to add the following;

If a worker participates in a prescribed medical surveillance program or undergoes prescribed medical examinations or tests, hi or her employer shall pay,

a) The worker’s costs for medical examinations or tests required by the medical surveillance program or required by regulation
b) The worker’s reasonable travel costs respecting the examinations of tests, and
c) The time the worker spends to undergo the examinations or tests, including travel time, which shall be deemed to be work time for which the worker shall be paid at his or her regular pay premium rate as may be proper.

Many of the HR departments, for numerous employers, have made it a point to read the contents of Section 25 BUT they need not ignore Section 26.

The more the HR departments are up on the information in their specific sector of the ACT and its regulations, the less of a problem they will have later. It is their job to be in the know and keep their company informed.

HRS Group Inc. has a great team that can help you with all your health and safety needs. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259. We can also be reached at info@hrsgroup.com

Remember — In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.

Dan
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