As you are aware, Ontario declared a second Provincial state of emergency with a stay-at-home order imposed as of 12:01am January 14, 2021 to address emergent COVID-19 conditions.
Chief Prevention Officer (CPO)-approved Health and Safety Training Providers must continue to restrict in-person classroom training delivery to a maximum of 10 students.
Orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) remain in effect until January 20, 2021. These orders can be extended for up to 30 days at a time
You are encouraged to review O. Reg 82/20: Rules for Areas in Stage 1 (“the Regulation”). This memorandum does not replace the Regulation and should not be used as or considered legal advice. You are responsible for ensuring compliance of your business with all applicable laws, including the Regulation.
The Regulation permits businesses that primarily deliver health and safety training to remain open with capacity limits (Schedule 2: Businesses that may open, s. 61). The Regulation specifies that the total number of persons permitted to be in each instructional space at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the business or place, except where necessary for teaching and instruction that cannot be effectively provided if physical distancing is maintained. In any event, the total number of students in each instructional space at any one time cannot exceed 10 persons.
These capacity limits are in addition to the general capacity restrictions set forth in section 3 of Schedule 1 of the Regulation. Additional general rules applicable to businesses that remain open are set forth in Schedule 1 of the Regulation.
Facilities like hotels, conference centres, and similar that rent out meeting and event space in Stage One areas are only permitted to rent those spaces for certain purposes, which does not include health and safety training.
For all training sessions currently scheduled to be delivered after January 14, training providers must ensure that class sizes adhere to the above requirements. Guidance on in-person classroom training is available here.
Training providers are also encouraged to deliver training remotely where possible.
All businesses in Stage One that remain open are required to have a safety plan in place under s. 5 of O. Reg. 82/20 (Rules for Areas in Stage 1). A safety plan guide and template can be found here to help employers develop their safety plan. In addition, every person in the premises of a business or organization that is open shall ensure that they wear a mask or face covering in a manner that covers their mouth, nose and chin during any period in which they are in an indoor area of the premises, unless they are subject to an exception set out in subsection 2(4) of the regulation.
The ministry is committed to supporting our training partners throughout this unprecedented time. The work you do is critical to health and safety and directly impacts the livelihood of Ontario workers. Please contact the Health & Safety Training Administration & Certification Unit at 1-877-202-0008 for further information for health and safety training providers.
Thank you for your ongoing commitment to supporting health and safety.
Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19.
Chief Prevention Officer | Ministry of Labour, Training and Skills Development
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