Climate change and increasing temperatures pose a serious risk to the well-being and safety of workers in Ontario, especially those in physically demanding jobs. The aging workforce trend in Canada further exacerbates this challenge. To tackle the issue of heat stress, the Ontario government is proposing a new regulation.

New legislation intended to address the problems of heat stress are likely to come into effect by summer 2024 and employers should be prepared.

Existing Legal Obligations Regarding Heat Stress

In Ontario, it is the responsibility of employers, as outlined in s. 25(2)(h) of the Occupational Health and Safety Act (“OHSA”), to ensure that every reasonable precaution is taken to protect workers. Similarly, supervisors are required under s. 27(2)(c) to take necessary measures for worker protection. This includes developing policies and procedures to safeguard workers in hot and cold environments.

The provincial government also provides guidance on how to approach extreme temperatures in the workplace to avoid heat stress: Guideline No. 33: Working in Extreme Temperature Conditions.

New Proposal

The current legal framework provides general obligations for addressing heat stress but lacks specific details. For example, it does not establish a standard for heat stress limits and does not have a process for evaluating the risk of heat stress.

To fill the legislative gaps, Ontario has proposed a new regulation to protect workers from heat stress and heat-related illnesses as temperatures rise due to climate change (“Proposal”). Recently, the Ministry of Labour has completed the public consultation process, which is part of its Regulatory Impact Analysis. The Proposal is expected to come into effect before summer, 2024, at the earliest. It would add a “stand-alone” regulation under the OHSA and apply to all applicable workplaces, if passed. While some requirements are straightforward, new approaches to determining heat exposures will be required, and employers need to understand how to implement the “ACGIH method.”

The Proposal

• introduces heat stress exposure limits following the American Conference of Governmental Industrial Hygienists’ (“ACGIH”) method (“ACGIH method”);
• allows for alternative assessment methods;
• mandates employers to implement control measures based on a “hierarchy of controls”; and
• requires employers to educate workers about recognizing heat-related illness symptoms and protective measures.

The Details of Implementation

The Proposal outlines the 9  requirements related to the protection of workers from heat-related illnesses in the workplace:

1. Employers must take reasonable measures to protect workers from hazardous thermal conditions that could lead to heat-related illnesses or elevated core body temperatures above 38°C (100°F).
2. As determined by established methods, Compliance with different heat stress exposure limits for various workloads is required.
3. Alternative methods for assessing heat stress exposure may be used if they align with recognized industrial hygiene practices and ensure worker health and safety.
4. Physiological monitoring, if used in assessing heat stress exposure, must be supervised by qualified individuals with knowledge and training in recognizing heat strain and related illnesses.
5. Engineering controls should be employed to maintain heat exposure within limits unless specific conditions make this impractical.
6. Additional measures, developed in consultation with safety representatives, must include administrative controls and personal protective equipment.
7. Adequate hydration facilities must be provided near work areas in hot conditions.
8. Employers must inform workers of protective measures, the importance of hydration and breaks, early signs of heat-related issues, and appropriate actions.
9. Employers are required to advise outdoor workers or those facing increased heat risks due to unusual thermal conditions when Environment and Climate Change Canada issues a heat warning.

 

Mitigating the Risk: Employers Should Know the Hierarchy of Controls

To safeguard workers from potential exposure to heat, the Proposal requires employers to follow a set of practices known as the “hierarchy of controls.” These controls are ranked from most effective to least effective in terms of protection:

1. Elimination or Substitution: Remove or replace unnecessary substances or processes that are the workplace’s heat sources.
2. Engineering Controls: Modify the workplace to reduce exposure to heat stress.
3. Administrative Controls: Workers should be trained and supervised to prevent exposure to heat stress. Additionally, work scheduling and breaks can limit exposure to heat.
4. Personal Protective Equipment: Require workers to wear protective gear to mitigate the risk of heat stress.

 

Practical Steps for Employers

Breaking this down into practical terms, employers should be prepared to take the following steps to protect their workers from heat stress and heat-related illnesses, especially during extremely hot weather:

1. Monitor heat exposure and stay informed: Use tools to track and manage heat levels at work. Stay updated on heat warnings from Environment and Climate Change Canada. Take extra precautions during warnings to protect workers at risk.
2. Workplace Modification: Modify the workplace to reduce exposure to heat stress through engineering controls, for example:

• Reduce physical workloads: Utilizing machines like hoists and lift tables is recommended.
• Control heat source: Insulation and reflective barriers, such as furnace wall insulation, can also be helpful.
• Ventilation: It is advisable to exhaust hot air and steam produced by operations
• AC: Use air conditioners to reduce temperature and humidity levels.
• Fans: Fans can provide additional cooling if the temperature is below 35°C, but caution should be taken when using fans above 35°C as they may recirculate hot air and prevent cooling.
• Cooling Areas: Cool, shaded work areas or air-conditioned rest areas can promote comfort and safety.
• Facilities and Personal Protective Equipment: Ensure that there are adequate hydration facilities near work areas in hot conditions and provide appropriate personal protective equipment such as cooling vests or clothing.

3. Preventative Scheduling: Develop work schedules that consider the heat and allow for breaks in cooler areas, ensuring that workers follow safety guidelines and take necessary precautions.
4. Education: Educate workers about recognizing early signs of heat-related illnesses and the importance of staying hydrated and taking breaks.
5. Tailor It to Your Own Industry, for example:

• Construction Industry: Provide frequent breaks and hydration stations, create shaded rest areas on the site, adjust work schedules to avoid the hottest hours of the day, and use heat stress monitoring devices.
• Manufacturing Industry: Use effective ventilation and AC systems in the plants and conduct regular check-ins with outdoor staff.

Recruitment and Corporate Responsibility in the Time of Climate Change

In addition to the Proposal, it is important for employers to consider the effects of climate change when developing their business strategies. Many employees, including those who may be with your business for years to come, are deeply concerned about climate change.

To attract top talent, you may consider implementing an initiative-taking strategy to address climate change that aligns with their values. For example:

• You can offer telework to office or administrative staff, resulting in less time commuting, which could prove beneficial; and
• You could also attract climate-change-conscious employees with perquisites such as a car allowance for electric vehicles.

Conclusion

Employers must protect workers from heat stress under OHSA. The Proposal outlines implementation details. Although the provincial government may provide guidelines in the future, employers are advised to consult legal counsel when creating workplace policies and programs related to heat stress.