A Double Standard

Improving Ontario’s Working at Heights Approved Program

Ben Kropp
Occupational Safety Research Council

In early 2021, the Ministry of Labour, Training and Skills Development of Ontario initiated
consultations1 for its scheduled five-year review of the Working at Heights Standard. The Working
at Heights Standard is one of the most important and safety sensitive of its kind, as falls from
heights are the greatest cost to human life in the construction industry in Ontario2. Today, an
individual or organization, approved by the Chief Prevention Officer, may train the Working at
Heights Approved Program in Ontario. In contrast to a less safety sensitive program like Joint
Health and Safety Committee training, approval of a Working at Heights program has the
concomitant effect of approving an individual or organization for the Refresher program, one
that must be taken every three years to maintain one’s certification to work at heights. When
the initial training of the Working at Heights (WaH) program is completed, a worker will then
spend three years working at heights. A height greater than three meters. Given the worker has
spent at least three years of her/his chosen career working at heights, and has a clear
understanding of the equipment and protocols, a separate Standard must be put in place for the
Refresher program. Those entering the Refresher program will take the theory and practical
module of the training program over 3.5 hours3 which emulates the work the worker has been
doing for three years. Given the worker has already been trained on the practical module every

1
Ministry of Labour, Training and Skills Development. Working at Heights Training Standards Five-Year Review. Toronto:

Queen's Printer for Ontario, 2021. https://www.ontariocanada.com/registry/view.do?postingId=35988&language=en.

2
Ministry of Labour, Training and Skills Development. Working at Heights Training Standards Five-Year Review -

Consultation Paper. Toronto: Ministry of Labour, Training and Skills Development, 2021.

https://www.ontariocanada.com/registry/showAttachment.do?postingId=35988&attachmentId=47416.

3
Ministry of Labour, Training and Skills Development. Program standard for working at heights training. Toronto: Queen's

Printer for Ontario, 2019. https://www.ontario.ca/page/program-standard-working-heights-training.

Electronic copy available at: https://ssrn.com/abstract=3807335

day on the job by their supervisor or employer while working at heights, it becomes time that we
look at having two separate Standards. One for those who have not worked at heights previously,
the current Standard, and a new and separate Standard for refreshing the experienced worker
to continue working at heights in the province once their certification has expired.

Currently, if an individual would like to participate on a joint health and safety committee (JHSC),
a mandatory requirement for companies with more than twenty employees, the worker must be
trained by a Chief Prevention Officer Approved Training Provider4. The joint health and safety
committee member role is to improve health and safety in the workplace. Committee members
work with the employer in identifying health and safety concerns and risks. The committee,
unbiased by ensuring worker and management representation is equal, holds regular meetings
with posted minutes, and performs workplace inspections to be presented to the employer as
part of the internal responsibility system. The worker and management representative(s) must
be trained in the Part I program, followed by the Part II program, to be certified to serve on a
joint health and safety committee5. Refresher training, much like with Working at Heights, takes
place every three years6. Like WaH, training providers must be Approved by the Chief Prevention
Officer to deliver the training. Unlike WaH, JHSC requires separate approval by the Chief
Prevention Officer for Part I, Part II, and Refresher7. All separate Approved Programs. If working

4
Ministry of Labour, Training and Skills Development. Guide for health and safety committees and representatives. Toronto:

Queen's Printer for Ontario, 2021. https://www.ontario.ca/page/guide-health-and-safety-committees-and-representatives.

5
Ministry of Labour, Training and Skills Development. Guide for health and safety committees and representatives. Toronto:

Queen's Printer for Ontario, 2021. https://www.ontario.ca/page/guide-health-and-safety-committees-and-representatives.

6
Ministry of Labour, Training and Skills Development. Guide for health and safety committees and representatives. Toronto:

Queen's Printer for Ontario, 2021. https://www.ontario.ca/page/guide-health-and-safety-committees-and-representatives.

7
Ministry of Labour, Training and Skills Development. Apply to be a joint health and safety committee training provider.

Toronto: Queen's Printer for Ontario, 2020. https://www.ontario.ca/page/apply-be-joint-health-and-safety-committee-

training-provider.

Electronic copy available at: https://ssrn.com/abstract=3807335

at heights is more safety sensitive than JHSC training, why would it not include separate approvals
for the Working at Heights program and its Refresher?

By bifurcating the Working at Heights Standard to a Part I/Refresher model, we have the ability
to radically change and bring innovation to the refresher program, which combines theory and
practical training. The initial training must not be changed, unless to strengthen it. The initial
training is meant for those who have no experience working at heights. This initial training must
be as comprehensive as possible, as it is the first time and most crucial time to impress upon the
learner the risks involved with working at heights. Once the worker has been working at heights
for three years, the refresher program kicks in. As the worker has been fully supervised by their
supervisor or employer, as required under the Occupational Health and Safety Act8, The worker
has, in effect, been taking the refresher training’s practical module while on the job each and
every day. This brings far more flexibility to the delivery of refresher training.

One such means of revamping the refresher program is to provide the option for an employer
model, beginning with the Distance Learning theory module from an Approved Provider. The
employer model then encompasses the practical module and would follow exactly what is found
in the Occupational Health and Safety Act, thereby ensuring the worker is using their fall
protection devices correctly every day on the job9. If the employer/supervisor is already legally
liable for the safety of their workers and their equipment, then allowing the employer/supervisor
to provide the practical module training to their workers will provide a more useful application
to the training. The training would take place with one’s own equipment, on the jobsite they are
already working on with their peers who look out for one another, all while saving time and
money for the employer. It also has the concomitant effect of making the employer/supervisor

8
Ministry of Labour, Training and Skills Development. Occupational Health and Safety Act, R.S.O. 1990, c. O.1. Toronto:

Queen's Printer for Ontario, 2020. https://www.ontario.ca/laws/statute/90o01#BK50.

9
Ministry of Labour, Training and Skills Development. O. Reg. 213/91: CONSTRUCTION PROJECTS. Toronto: Queen's

Printer for Ontario, 2020. https://www.ontario.ca/laws/regulation/910213#BK9.

Electronic copy available at: https://ssrn.com/abstract=3807335

twice as liable in the event of an accident, as they are not only legally liable for the safety of their
workers10, but their training on fall protection as well11. This model is ideal for the practical
module of the refresher training.

At the start of the pandemic, which nearly eliminated the Approved Providers in the province of
Ontario, a push for a “distance learning” option came into play. At that time, distance learning
was a dusty regulation within the Program Standard for JHSC training. Thanks to work by the
Approved Providers with Ontario’s Ministry of Labour, Training and Skills Development, distance
learning gives the Approved Providers the ability to train learners face-to-face over the internet12.
This is no different than a live webinar or videoconference where participants may ask questions
and participate in the training. In lieu of filling a classroom with X number of people, X number
of people log-in to an online program and are met face-to-face with a trainer. This can be done
from anywhere in the world with an internet connection. By combining distance learning with
the employer option for training, workers receive the same (if not greater) training from the
Approved Provider and the employer/supervisor for refresher training. Workers do not have to
travel to a training centre and can complete their refresher training by attestation of the
employer while on the jobsite. This is safer for the worker, as no travel is involved, and saves the
employer money while ensuring their workers are as safe as possible on the jobsite. This
employer/distance model as presented, and in order to function appropriately, requires the
bifurcating of the working at heights standard. Any innovation in this area requires a bifurcating
of the standard. Again, the working at heights program must remain the same. It is the refresher
training that must be given room for innovation.

10
Ministry of Labour, Training and Skills Development. Occupational Health and Safety Act, R.S.O. 1990, c. O.1. Toronto:

Queen's Printer for Ontario, 2020. https://www.ontario.ca/laws/statute/90o01#BK50.

11
Ministry of Labour, Training and Skills Development. O. Reg. 213/91: CONSTRUCTION PROJECTS. Toronto: Queen's

Printer for Ontario, 2020. https://www.ontario.ca/laws/regulation/910213#BK9.

12
Ministry of Labour, Training and Skills Development. Program standard for working at heights training. Toronto: Queen's

Printer for Ontario, 2019. https://www.ontario.ca/page/program-standard-working-heights-training.

Electronic copy available at: https://ssrn.com/abstract=3807335

Refresher training is immensely important in the province of Ontario. It is vital that workers are
aware of their rights, the navigation of the Occupational Health and Safety Act, and fall distance
calculations, among many other important points. All of this is easily taught via distance learning
and allocated for within the Provider and Program Standard. While the Working at Heights
program is sacrosanct, refresher training is ripe for innovation. It is a program being taken by
those who already work at heights, and the ability is there (should the Ministry be willing) to find
better ways of delivering refresher training. First, we need a double standard.

Electronic copy available at: https://ssrn.com/abstract=3807335