Ontario proposing new 'heat stress' regulation to protect workers amid extreme temperatures

Ontario is proposing anew regulationit says will better protect workers from heat stress and heat-related illnesses as temperatures across Canada and the globe continue to rise due to climate change.

The proposed act, published this month, would add a new "stand-alone" heat stress regulation under Ontario's Occupational Health and Safety Act (OHS) and would apply to all workplaces where the OHS applies.

According to the proposal, the Ministry of Labour, Immigration, Training and Skills Development will conduct a regulatory impact analysis of the amendments in order to identify and assess potential benefits and costs.

"Heat stress is a significant cause of occupational illnesses that may also lead to death," the proposal reads.

"[It]occurs when the heat load on a worker from the combined contribution of environmental factors, physical activity, and clothing overcome the body's natural cooling system."

Labour Minister Monte McNaughton says there will be more to come about the proposal in the coming months but did not offer further details.

The ministry says due to changes in the climate, extreme heat events are a "growing health risk" to workers.

Referring to a 2022 report published by theNatural Resources Canada in 2022, the proposal saysaverage temperatures in Ontario are increasing, and heat waves and heat-related illnesses are expected to become more frequent, the ministry said.

"The health and safety of every worker is our government's top priority," McNaughton said at an unrelated news conference in Etobicoke Tuesday."Employers have a responsibility to keep workers safe but I will not hesitate to take more action in the coming months."

Guidelines cannot be applied easily, expert says

Glen Kenny, the director of Ottawa University's Human and Environmental Physiology Research Unit, says while the proposal of the regulation is an "important" step to address heat stress faced by workers across the province, there is no one-size solution.

"The question is, 'Are these guidelines helpful for the industry and can they be applied easily?' And the short answer is no."

If introduced, the regulation would enforce heat stress exposure limits and implement new heat stress risk assessments. It would also require employers to mitigate heat exposure and establish workplace protocols including recognizing the signs and symptoms of heat-related illnesses and protective measures.

The heat stress risk assessment would follow a method by the American Conference of Governmental Industrial Hygienists (ACGIH) for assessing a worker's risk of heat stress based on a wet bulb globe temperature, which is astandard measure of heat that takes temperature and humidity into account.

But Kenny says the thresholdcan vary from person to person.

What could be considered a safe range for one person could be over the limit for someone else, said Kenny, who is also the lead investigator of Operation Heat Shield Canada, an organization that looks into rising temperatures and evidence-based solutions to protect health and prevent disease exacerbated by heat.

"I think we have to recognize that we have an aging workforce and those certainly with chronic health conditions are going to be at greater risk," Kenny said.

For example, Kenny said, seniors typically have a harder time tolerating heat, and female bodies in general don't cool off as easily as male bodies. Other factors like sleep deprivation, multiple days of exposure to high heat as well as health conditions such as diabetes can also lower someone's tolerance.

Other factors that need to be considered are the worker's environment, physical activity and clothing, he added.

In a statement to CBC Toronto Tuesday, the province's labour ministry said it is inviting stakeholders in Ontario to take part in the public consultation in reviewing the proposal.The consultation process will go on until Sept. 1.

It added that "employers and supervisors have a duty to take every precaution reasonable in the circumstances for the protection of a worker including protection in hot environments."