The Ministry of Labour has made changes to the definition of a critical injury. Certain clauses of section 1 of Regulation 834 under the Occupational Health and Safety Act, which determines the list of “critical injuries”. Previously the definition did not include digits, meaning fingers and/or toes; nor did it consider the fracture of anything other than an arm or a leg. However, recent changes have resulted in the following to be covered in clause 1(d),
“the fracture of a wrist, hand, ankle or foot)”. Additionally, “[w]hile the fracture of a single finger or single toe does not constitute a critical injury, the ministry takes the position that the fracture of more than one finger or more than one toe does constitute a critical injury if it is an injury of a serious nature.”
Not only has this definition changed, but also has that in regards to amputations, where now
“While the amputation of a single finger or single toe does not constitute a critical injury, the ministry takes the position that the amputation of more than one finger or more than one toe does constitute a critical injury if it is an injury of a serious nature.”
But why does this matter for employers? This drastically changes the duty for an employer to report. Where previously these injuries would not have been something to warrant an investigation, nor a call to the MOL, it now does. Changes to relevant policies and procedures need to be made, as do injury reporting forms and investigation procedures.
Concerned about these changes? Not sure that your organization has the right procedures in place to be compliant? Contact danielle@peoplemanagementgroup.com (519-802-9646) for expert advice on farm safety.
