The Occupational Health & Safety Act (the Act) and regulations apply to almost every workplace in Ontario. The Act does not apply to:

• work done by the owner or occupant, or a servant, in a private residence or on the connected land [the Act, s. 3(1)];
• workplaces under federal jurisdiction (federal authorities accept that outside contractors and their employees, while in federal workplaces, are under provincial jurisdiction).

 Click here to access Ontario’s Occupational Health & Safety Act and regulations.

Federal health and safety law includes Part 2 of the Canada Labour Code and the Canada Occupational Health and Safety Regulations and apply to workplaces in sectors with national scope—generally those crossing provincial and/or national boundaries. Examples of these sectors include:

• air and water transport,
• banking,
• bridges and tunnels,
• broadcasting,
• communications,
• energy and mining,
• federal crown corporations,
• federal public service,
• feed, flour and seed mills,
• grain elevators,
• interprovincial road transport,
• longshoring,
• pipelines,
• postal contractors, and
• rail transport.

 Click here to access the Canada Labour Code, Part II, Occupational Health & Safety

Workers have the right to know about any potential hazards to which they may be exposed. Specifically, employers must provide information, instruction and supervision to a worker to protect the health or safety of the worker [s. 25(2)(a), the Act]. They must also acquaint a worker or a person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment, or a biological, chemical or physical hazard [s. 25(2)(d), the Act]. The best way to provide information and instruction about workplace hazards is through health and safety training. 
 
The Act and regulations spell out many explicit legal training obligations for employers (see FAQ/Required Training Provincial)
 
For instance, Ontario Regulation 632/05 Confined Spaces requires “every worker who enters a confined space or who performs related work shall be given adequate training for safe work practices for working in confined spaces and for performing related work, including training in the recognition of hazards associated with confined spaces.”
 
Employers must also provide workers with specific use, storage and handling information about chemical and biological agents (O. Reg. 860, WHMIS Regulation). This must include the labeling of hazardous products and ensuring safety data sheets (SDSs) for each product are readily available to workers.

Workers have the right and duty to participate by reporting hazards, missing or defective equipment and any other contravention of the Occupational Health & Safety Act (the Act) or regulations to a supervisor/employer [s. 28, the Act).
 
Workers can also ensure participation by exercising their right to select their representative(s) on the joint health and safety committee or a worker health and safety representative [s. 9(8) and s. 8(5), the Act]. They can then work with these representatives by recommending ways to eliminate or control exposure to hazards. Workers can get even more involved by seeking to represent other workers on JHSCs or as a worker representative. 

All workers have the right to refuse work they believe is likely to endanger their immediate or long-term health or that of another worker. Though, some workers have legal restrictions on this right (see below). It is essential for workers and other workplace parties to follow the work refusal steps outlined in Section 43 of the Act.

Yes [s. 43(1)(2), the Act]. The right to refuse unsafe work is limited for specific groups of workers where the dangerous condition or circumstance is either inherent in the workers’ work or is a normal condition of their job or the refusal will directly endanger the life, health or safety of another person. Health care workers, police, firefighters, paramedics, corrections officers and teachers are examples of those who may fall into this category.
 
A limited right to refuse work does not mean the inability to refuse work.  For instance, correctional officers could not refuse to work in what they considered a dangerously overcrowded facility. Overcrowding can occur on occasion in correctional facilities. This would be considered a normal condition of work.
 
However, these same officers could refuse to work where normally required precautions to handle unsafe conditions created by overcrowding were absent. Though the refusal must not directly endanger another person.

It is against the law for an employer or person acting on behalf of an employer to intimidate, threaten or discipline a worker who has acted in compliance with the Act or regulations, sought the enforcement of the Act or regulations, or given evidence in a proceeding in respect of the enforcement of the Act or regulations or a Coroner’s inquest [s. 50, the Act].

Workers should contact their union if they are represented by one and/or contact the Ministry of Labour at 1-877-202-0008.

Click here to access additional information about reprisals.

Like employers and supervisors, workers must comply with the Act and regulations. The Act also outlines some specific duties (s. 28, the Act). Examples include:

• reporting to the employer or supervisor any contravention of the Act or regulations,
• reporting to the employer or supervisor any known hazard,
• reporting to the employer or supervisor any known missing or defective equipment or protective device that may be hazardous,
• using or wearing any equipment, protective devices or clothing required,
• not removing or making ineffective any protective device without providing an adequate temporary device and ultimately replacing the protective device,
• not using or operating any equipment, machine, device or thing, or work in a manner that may endanger any worker, and
• not engaging in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct

 
NOTE: Workers will need to be provided with information, instruction or training in order to perform these duties. See FAQ/ Required Training for more details.

Yes. Any individual workplace party who fails to comply and is convicted can be fined up to $500,000 and/or jailed not more than 12 months (s. 66, the Act). Workers (and employers and supervisors) can also be issued "on-the-spot" offence notices from MOL inspectors for not complying with the Act or regulations. The fines are outlined in schedules under the Provincial Offences Act and range between $250 to $550.

A worker who is injured or becomes ill at work or as a result of work should:

• seek first aid or other medical attention,
• report the injury/illness to a supervisor/employer, and
• report the injury/illness to a worker member of the joint health and safety committee or health and safety representative and their union (if represented by one).

The employer must then complete and submit to the Workplace Safety and Insurance Board (WSIB) a form 7—Employer’s Report of Injury/Disease within three calendar days and must be received by the WSIB within 7 calendar days, if the injury or illness causes the worker to:

• obtain health care and/or
• be absent from regular work
• earn less than regular pay for regular work
• require modified work at less than regular pay
• require modified work at regular pay for more than 7 calendar days

 
The employer must give the worker a copy of the form 7 once it is completed.
 
If unsure whether the WSIB has been notified a worker can call 1-800-387-0750 or (416) 344-1000 and ask for assistance. The WSIB can tell a worker if the accident/illness was reported and if not, they can help establish a claim.
 
Workers have six months from the date of the injury or illness to file a claim. Workers have six month from the time they learn of the disease to file a claim (unless the worker can show “exceptional circumstances”).

Employees have the right to know about any potential hazards to which they may be exposed.  Employers must provide every employee with information, instruction, training and supervision necessary to ensure their health and safety at work.  [s. 125(1)(q), Code] They must also ensure each employee is made aware of every known or foreseeable health or safety hazard in the area where they work. [s. 125(1)(s), Code]
 
Any employee with special needs must be given any direction, notice, information, instruction or training related to the Canada Labour Code, Part II, in a way they will understand it.  This includes: braille, large print, audio tape, computer disk, sign language and verbal communication if necessary. [s. 122.3(1), Code].
 
Further, employers must carry out such training programs for employees, supervisors and committee members prescribed in Canada Occupational Health and Safety Regulations (COHS Regs).  There are over twenty specific references to training under the regulations ranging from training for employees required to climb polls [s. 8.10(1), COHS Regs] to confined space entry training. [s. 11.11(1), COHS Regs]

Employees have a right and duty to participate by reporting any circumstance or thing in a work place likely to be hazardous to the health or safety of the employee, other employees or others granted access to the work place. [s. 126(1)(g), Code] As well, employees must report to the employer any contraventions of the Canada Labour Code,  Part II. [s. 126(1)(j), Code]
 
Employees can also ensure participation by exercising their right to select their representative(s) on the policy health and safety committee, work place health and safety committee or a health and safety representative [s. 135.1(1) and s. 136(2), Code]. They can then work with these representatives by recommending ways to eliminate or control exposure to hazards. [s. 135(7)(a), Code] Employees can get even more involved by seeking to represent other employees on a committee or as a representative.

Employees may refuse to work if they have reasonable cause to believe a danger exists to themselves or another employee.  [s. 128(1), Code] Some employees have legal restrictions on their right to refuse (see below.)  It is essential for employees and other work place parties to follow the work refusal steps outlined in Section 128 of the Code.

Employees may not refuse to “use or operate a machine or thing, to work in a place or to perform an activity” if the refusal directly endangers the life, health or safety of another person.  [s. 128(2)(a), Code] They may also not refuse to work if the danger is a normal condition of employment. [s. 128(2)(b), Code]
 
For instance, correctional officers could not refuse to work in what they considered a dangerously overcrowded facility. Overcrowding can occur on occasion in correctional facilities. This would be considered a normal condition of work.  However, these same officers could refuse to work where normally required precautions to handle unsafe conditions created by overcrowding were absent. Though the refusal must not directly endanger another person.
 
Employees on a ship or aircraft in operation who believe a danger exists to them or another employee must immediately notify the person in charge of the ship or aircraft.  That person decides if the employee can refuse to work.  If the person in charge decides the employee cannot refuse to work, the employee must continue to work while the ship or aircraft is in operation.  Ships and aircraft are in operation any time between leaving a port or beginning a flight in Canada until they secure at a wharf or land once again in Canada. [s. 128(3)(4)(5), Code]

It is against the law for employers to dismiss, suspend, layoff or demote, impose a financial or other penalty, discipline or threaten any employee for performing their rights or duties under the Code.  Employees can also not be disciplined for testifying or providing information against an employer for contravention of the Code or the Canada Occupational Health and Safety Regulation.  [s. 147, Code]
 
However, employers have the legal right to take disciplinary action against an employee if the employer can prove the employee wilfully abused their right to refuse.  At the employee’s request, the employer must provide the employee with written reasons for any disciplinary action taken, within fifteen working days of receiving the request. [s. 147.1, Code]

Employees should contact their union if they are represented by one.  Employees or their representative must make a complaint in writing to the Canada Industrial Relations Board no later than 90 days after the employee became aware the reprisal occurred.   For example, if the employer docked the employees pay for time spent resolving a work refusal; the employee would have 90 days from when the pay information became available to them. [s. 133, Code] The Canada Industrial Relations Board can be reached at: 1-800-575-9696.  Complaint forms are available online at: http://www.cirb-ccri.gc.ca/eic/site/047.nsf/eng/h_00221.html

Employees have several legal duties and responsibilities under section 126(1) of the Code.  Employees must:

• follow prescribed work and safety procedures;
•  wear or use any safety materials, equipment, devices and clothing furnished by the employer;
•  take reasonable and necessary precautions to ensure their health and safety, and the health and safety of others;
• comply with health and safety instructions;
•  co-operate with any person carrying out duties under the Code including co-operating with health and safety or appeals officers, workplace policy and safety committees and health and safety representatives;
• report to the employer anything or circumstance in their work place which is likely to be hazardous to the health or safety of the employee or others; and
• report any accident or incident resulting in a work place injury, as well as any contravention of Part II of the Code.

 
The Code states clearly employee duties do not excuse employers from any duty imposed on employers by the Code.  [s. 126(2), Code]
 
NOTE: Employees will need to be provided with information and instruction in order to perform these duties. See Training Requirements in Federally-Regulated Workplaces for more details.

Yes.  Under certain circumstances an employee can be formally charged and prosecuted. Any person who contravenes a provision of Part II of the Code is guilty of an offence and liable to fines up to $1,000,000 and two years’ imprisonment. [s. 148, Code]<

Yes [s. 25 and 26, the Act]. Employers have the most extensive and significant duties to protect the health and well-being of workers. They have a general duty to “take every precaution reasonable in the circumstances for the protection of a worker” [s. 25(2)(h), the Act]. Though, the Act and regulations go into much more specific detail when it comes to employer duties. Examples include:

• preparing and reviewing at least annually a written workplace health and safety policy,
• posting the workplace health and safety policy in a prominent location,
• developing and maintaining a program to implement the policy,
• providing information, instruction and supervision to a worker to protect the health or safety of the worker,
• carrying out such training programs for workers, supervisors and committee members as may be prescribed by regulations,
• acquainting a worker or a person in authority over a worker with any hazard in the work or related to the work,
• appointing a competent person as supervisor (competent person is defined below),  
• ensuring equipment, materials and protective devices as prescribed by regulations are provided, maintained in good condition and used, and
• ensuring measures and procedures prescribed by regulations are carried out.

Yes. Employers must post a range of health and safety information including:

• Occupational Health & Safety Act and any explanatory material prepared by the MOL in English and the main language spoken in the workplace
• workplace occupational health and safety policy
• workplace violence and harassment policies
• names, work locations and contact information for JHSC members,
• Ministry of Labour’s Health & Safety at Work: Prevention Starts Here poster, and
• WSIB’s In Case of Injury—1234 poster.

Yes [s. 25(2)(c), the Act]. According to the Act, competent means a person who:

• is qualified because of knowledge, training and experience to organize the work and its performance,
• is familiar with the Act, and the regulations that apply to the work, and
• has knowledge of any potential or actual danger to health or safety in the workplace.

Repercussions for non-compliance can include formal orders issued by MOL inspectors. An order may seek immediate remedy, including stop work orders, or provide a timeline for compliance. Under certain circumstances an employer or supervisor can be formally charged and prosecuted. Penalties for individuals can include fines up to $500,000 in addition to jail terms not exceeding one year. Corporations can be fined up to $2,000,000. Directors and officers of a corporation can be fined up to $1,500,000 in addition to jail terms not exceeding one year.
 
Under the Criminal Code of Canada employers, supervisors and managers can also be charged with criminal negligence when they fail to protect the health and safety of workers [s. 217.1, Criminal Code of Canada]. Individuals convicted can be sentenced up to life in prison, while corporations can face a limitless fine.
 
Employers are also subject to financial penalties up to $1,000 for failing to meet their reporting obligations to the WSIB in the case of work-related injuries, critical injuries, illnesses, diseases and fatalities. Individuals convicted of an offence under the Workplace Safety and Insurance Act (WSIA) can be fined up to $25,000 and/or jailed up to six months. Corporations can be fined up to $500,000.

WSIB Reporting Obligations
Employers must complete and submit a WSIB form 7—Employer’s Report of Injury/Disease within three calendar days each time they become aware that a worker:

• requires health care (beyond first aid) and/or:
• is absent from regular work, or
• earns less than regular pay for regular work, or
• requires modified work at less than regular pay, or
• does not receive health care, but requires modified work at regular pay for more than seven calendar days.

 
Note: Fatalities must be clearly stated on the form.
 
MOL Reporting Obligations (s. 51 & 52, the Act)
If a worker is killed or critically injured at work, the employer must immediately notify a MOL inspector, joint health and safety committee or health and safety representative and the trade union (if any). This should be done by phone, telegraph or other direct means. The employer must then provide a written report to the MOL within 48 hours.
 
A “critical injury” is an injury of a serious nature that,

• places life in jeopardy,
• produces unconsciousness,
• results in substantial loss of blood,
• involves the fracture of a leg or arm but not a finger or toe*,
• involves the amputation of a leg, arm, hand or foot but not a finger or toe*,
• consists of burns to a major portion of the body, or
• causes the loss of sight in an eye.

*a fracture or amputation of more than one finger or toe is a critical injury

(O. Reg. 834 Critical Injury defined)
 
If an employer is advised that a worker has an occupational illness or has filed a claim with the WSIB the employer must give written notice within four days to a MOL Director, joint health and safety committee or health and safety representative and the trade union (if any).

Like the employer, supervisors must “take every precaution reasonable in the circumstances for the protection of a worker [s. 27(2)(c)].” Additional duties are outlined in section 27 including:

• advising workers of any potential or actual danger of which they are aware,
• where prescribed by regulation, providing a worker with written instructions as to the measures and procedures to be taken for protection of the worker,
• ensuring workers work in the manner and with the protective devices, measures and procedures required by the Act and regulations, and
• ensuring workers use or wear equipment, protective devices or clothing required by the employer.

Supervisors who fail to comply with the Act or regulations can be charged and prosecuted. Penalties for individuals can include fines up to $500,000 and jail terms not exceeding one year.
 
Supervisors can also be criminally prosecuted. Under the Criminal Code of Canada supervisors, employers and managers can be charged with criminal negligence when they fail to protect the health and safety of workers and others in their workplace [s. 217.1, Criminal Code of Canada]. Individuals convicted can be sentenced up to life in prison, while corporations can face a limitless fine.

Employers have the most extensive and significant duties to protect the health and well-being of employees. They shall ensure that the health and safety at work of every person employed by the employer is protected. [s. 124, Code] Though, the Code and regulations go into much more specific detail when it comes to employer duties. Examples outlined in section 125 include:

• providing, in the prescribed manner, each employee with the information, instruction, training and supervision necessary to ensure their health and safety at work;
• developing, implementing and monitoring, in consultation with the policy committee or, if there is no policy committee, with the work place committee or the health and safety representative, a prescribed program for the prevention of hazards that also provides for the education of employees
• ensuring that each employee is made aware of every known or foreseeable health or safety hazard in the area where the employee works;
• ensuring that the machinery, equipment and tools used by the employees in the course of their employment meet prescribed health, safety and ergonomic standards and are safe under all conditions of their intended use;
• ensuring that the work place, work spaces and procedures meet prescribed ergonomic standards;
• ensuring that the activities of every person granted access to the work place do not endanger the health and safety of employees;
• responding as soon as possible to reports made by employees pertaining to anything or circumstance in a work place that is likely to be hazardous [s. 126(1)(g), Code];
• developing health and safety policies and programs in consultation with the policy committee or, if there is no policy committee, with the work place committee or the health and safety representative
• consulting the policy committee or, if there is no policy committee, the work place committee or the health and safety representative to plan the implementation of changes that might affect occupational health and safety, including work processes and procedures; and
• take the prescribed steps to prevent and protect against violence and harassment in the work place.

Yes. Employers must post a range of health and safety information including [s. 125 (1), Code]:

• Canada Labour Code, Part II and a copy of the regulations made under this Part;

• general policy concerning the health and safety at work of employees;

• names, work location and workplace telephone numbers of all members of the work place committee or health and safety representative; and

• any other printed materials related to health and safety that may be directed by a government health and safety officer or prescribed by law. 

If any of the information mentioned above is provided in electronic form employers must ensure employees receive appropriate training to enable them to have access to the information and, on the request of an employee, make a printed copy of the information available.

Employers must ensure that employees who have supervisory or managerial responsibilities are adequately trained in health and safety and are informed of their responsibilities. [s. 125(1)(z), Code] They must also ensure members of policy and work place committees and health and safety representatives receive the prescribed training in health and safety and are informed of their responsibilities. [s. 125(1)(z.01), Code]  The federal Policy Committees, Work Place Committees and Health and Safety Representatives Regulations came into force on July 1, 2015 prescribing the components of this mandatory health and safety training.  Of course as employees, committee members must also receive any general training required for all workers, and any prescribed training specific to workplace hazards.  The Code mentions prescribed training to enforce any future prescribed training.

Repercussions for non-compliance can include the issuing of an assurance of voluntary compliance (AVC) or a direction by a Labour Program health and safety officer. In the case of an AVC, the employer must provide a written confirmation of compliance to the officer by a specific date.
 
A direction is a more formal written order directing the employer to comply with the Code within a specified period. An officer must issue a direction if, during an investigation or inspection, the officer determines that a "danger" exists, or if an employer has not complied with a previous AVC.
 
Under certain circumstances an employer or supervisor who contravenes a provision of Part II of the Code can be formally charged and prosecuted. Maximum penalties for such offences range from $100,000 to $1,000,000 and not more than two years imprisonment. [s. 148, Code]
 
Under the Criminal Code of Canada employers, supervisors, managers, corporate officers, and directors can also be charged with criminal negligence when they fail to protect the health and safety of workers [s. 217.1, Criminal Code of Canada]. Individuals convicted can be sentenced up to life in prison, while corporations can face a limitless fine.

Yes, the employer has several reporting requirements under the Code and COHS Regs.  Section 125(1)(c) of the Code requires the employer to investigate, record and report all accidents, occupational diseases and other hazardous occurrences as prescribed.  The COHS Regs, Part XV contains the prescribed requirements. 
 
If the employer becomes aware of an accident, occupational disease or other hazardous occurrence they must, without delay: investigate the occurrence, notify the work place committee or health and safety representative, and take necessary measures to prevent a recurrence. If the occurrence is a motor vehicle accident that is investigated by a police authority the employer must obtain the report and give a copy to the work place committee or health and safety representative. [s. 15.4,COHS Regs]. Any police report must also be forwarded to the Head of Compliance and Enforcement. [s. 15.9,COHS Regs]
 
COHS Regs, Section 15.5 stipulates the employer must report to a health and safety officer any accident, occupational disease or hazardous occurrence that results in:

• the death of an employee;
• a disabling injury to two or more employees;
• the loss of, or complete loss of usefulness of, a body member or part of a body member;
• the permanent impairment of a body function of an employee;
• an explosion;
• damage to a boiler or pressure vessel resulting in fire or that ruptures the boiler or pressure vessel; or
• any damage to an elevating device rendering it unserviceable, or a free fall of an elevating device.

The employer must report to the Head of Compliance and Enforcement by telephone or fax as soon as possible, but not later than 24 hours after becoming aware of any of the above results [s. 15.5, COHS Regs].  Within 72 hours, the employer must record a description which includes causes of the occurrence and any corrective measures taken or the reason for not taking corrective measures.  A copy must immediately be given to the work place committee or the health and safety representative. [s. 15.6, COHS Regs] The employer must also keep a record of each minor injury at the workplace. [s. 15.7, COHS Regs] A minor injury under COHS Regs, Part XV means an employment injury or occupational disease that is not a disabling injury but requires medical treatment. [s. 15.1, COHS Regs]
 
COHS Regs, Section 15.8 stipulates the employer must make a report in writing on a prescribed form found in the COHS Regs if a hazardous occurrence results in:

• a disabling injury to an employee;
• an electric shock, toxic atmosphere or oxygen deficient atmosphere causing an employee to lose consciousness;
• a rescue, revival or other similar emergency procedure; or
• a fire or explosion.

The employer must immediately give a copy of the report to the work place committee or health and safety representative, and within 14 days give a copy to the Head of Compliance and Enforcement. 
 
The employer is also responsible for submitting an annual report to the Head of Compliance and Enforcement no later than March 1 every year for the previous year.  The annual report must be written on a prescribed form included in the COHS Regs and set out the number of accidents, occupational diseases and hazardous occurrences. [s. 15.10, COHS Regs].  Copies of all reports of accidents, occupational diseases and hazardous occurrences must be kept for a period of ten years. [s. 15.11, COHS Regs]

A disabling injury means an employment injury or occupational disease that:

• prevents the employee from reporting to work, or from performing regular work duties;
• results in the loss of a body member or part thereof;
• results in the loss of usefulness of a body member or part thereof; or
• results in the permanent impairment of a body function.

Employers are required to subscribe to a plan providing employees absent from work because of work-related illness or injury with wage replacement.  Replacement must be paid at an equivalent rate to workers’ compensation legislation in the employee’s province of permanent residence. [s. 239.1(2), Code] Claims by federal government employees are administered by the Labour Program, Employment and Social Development Canada.  [Government Employees Compensation Act] The Government Employees Compensation Act applies to accidents occurring or diseases contracted within or outside of Canada.

Yes. Supervisors have the duty to try to resolve any employee health and safety complaint. [s. 127.1,Code]

Yes. Any person who contravenes a provision of Part II of the Code is guilty of an offence and liable to fines up to $1,000,000 and two years’ imprisonment. [s. 148, Code]

A JHSC is required in any workplace with 20 or more regularly employed workers [s. 9(2), the Act].  A JHSC is required in workplaces with fewer than 20 workers if so ordered by a Ministry of Labour (MOL) Director or Minister of Labour. Workplaces with fewer than 20 regularly employed workers must also have a JHSC if they work with a substance covered by the designated substance regulation.
 
According to the MOL, "regularly employed" means anyone filling a position exceeding or expecting to exceed three months. This includes permanent full-time staff, permanent part-time staff, contract staff, and seasonal workers. It also includes managers and supervisors. 
 
The MOL also explains “There may be situations where there is a high turnover of staff, and a number of different workers fill a particular position, with each person working in it for less than three months. If the term of the position exceeds three months, that position will be included for the purpose of determining whether a health and safety representative or joint health and safety committee is required, even though no single worker occupied that position for more than three months.”
 
Note: Employers or constructors are exempt from establishing or maintaining a joint health and safety committee under certain circumstances.  Specifically, a committee of like nature or an arrangement, program or system in which the workers participate which was established and maintained by way of a collective agreement on October 1, 1979 [s. 9(4), the Act].  This committee, arrangement, program or system must be maintained and provide benefit for the health and safety of workers equal to, or greater than, the benefits derived from a committee.

Workplaces with fewer than 50 regularly employed workers must have at least two persons on the committee [s. 9(6), the Act].  Workplaces with 50 or more regularly employed workers must have at least four persons on the committee.

At least half of the members of the JHSC must represent workers [s. 9(7), the Act].  Worker representatives must not exercise managerial functions.  Non-management workers might sometimes perform managerial functions including: the right to discipline; efficiency-check; hire; promote; fire or suspend; make recommendations relating to the condition of employment; assign work; or determine work procedures for other workers.  These workers cannot represent workers on the JHSC. 

Worker members must be selected by the workers they represent or, if a trade union or unions represent the workers, by the trade union or unions [s. 9(8), the Act].   The remaining members of the committee are selected by the employer. Employer members must be persons who exercise managerial functions, and who “to the extent possible” manage at the workplace. This means, the employer should wherever possible appoint representatives who physically work at the workplace, as opposed to those working in a separate location such as a head office [s. 9(9), the Act].

Yes [s. 9(18)(23-31), the Act]. JHSC members must:

• identify situations that may be a source of danger or hazard to workers,
• make recommendations to the constructor/employer/worker to protect worker safety and health,
• obtain a range of information from the constructor or employer including existing hazards, work practices/standards in similar industries and information about testing related to health and safety,
• be consulted about and have a designated member representing workers present at the beginning of testing,
• inspect the workplace at least once a month, or where not practical once a year with a part of the workplace inspected each month  (this must be a member representing and selected by workers and when possible should be the certified member—see below for additional information),
• investigate cases where a worker is killed or critically injured (this must be a member representing and selected by workers).

Note: If consensus cannot be reached regarding a recommendation, either co-chair has the power to make a written recommendation to the constructor/employer [s. 9(19.1), the Act].

At least one employer and one worker representative of a JHSC must be a certified member [s. 9(12), the Act].   A certified member on a JHSC is one who satisfies training and other requirements set by the Chief Prevention Officer under the Act.  More simply put, members become certified by completing prescribed health and safety training (see below for more details).

The workers, or the trade unions who selected the members representing workers, select which worker member will become certified [s. 9(14), the Act].

To become (and remain) certified, selected workplace representatives must complete the Certification process including:

• Certification Part I training
• Certification Part II training (covering a minimum of six hazards, within 12 months of Part I)
• Certification Refresher training (required every three years).

Yes. Certified members do have additional rights and duties under the Act.  The certified member:

• should whenever possible be the JHSC member performing scheduled workplace inspections [s. 9(23 and 24), the Act]
• should be present, whenever possible, when a worker is being advised of another worker’s refusal and the reasons for the refusal [s. 43(11 and 12), the Act]
• can investigate any report of a dangerous circumstance in the workplace
• can compel a supervisor to investigate a dangerous circumstance in the workplace [section 45, the Act]
• can compel the certified member representing the other workplace party to investigate a dangerous circumstance, if they believe dangerous circumstance still exists after it is investigated by a supervisor [s. 45, the Act]
• can bilaterally stop work (worker and management certified rep agree) if they believe a dangerous circumstance exists (in some circumstances a worker certified rep can unilaterally stop work) [s. 45 and 47, the Act].

JHSC must meet at least once every three months [s. 9(33), the Act]. Committee members are entitled to be paid for a minimum of one hour preparation time before each meeting, as well as time spent at the meeting and carrying out committee duties [s. 9(34), the Act].  The committee may determine if members require more preparation time.

A multi-site JHSC is a single JHSC covering more than one workplace.  Workplaces usually require individual JHSCs, however the MOL can approve or order the creation and maintenance of a multi-site JHSC [s. 9(3.1), the Act].  For instance, a multi-site JHSC might exist for workers who belong to the same union, but work at several different park and recreation facilities for the same city employer.

A worker health and safety representative is required at a workplace or project where there are between six and 19 regularly employed workers [s. 8(1), the Act].  The Minister can also require a health and safety representative be selected at any workplace not normally requiring a health and safety representative [s. 8(2), the Act].

Workers, or their trade union, select the health and safety representative [s. 8(5), the Act]. The representative must be a worker who does not exercise managerial functions.

When it comes to training of worker health and safety representatives in smaller workplaces the law has not progressed to recognize the mandatory need for highly qualified worker reps as well. An unfortunate situation given the law requires worker health and safety representatives functioning in workplaces much like JHSC members [s. 8(5.1)(5.2)(5.3), the Act]. This said, employer-provided training for this group is a good practice – one supported with WHSC training, and one that will soon be supported with government subsidies for both the cost of registrations for our training program and wages for training participants.

Yes [s. 8, the Act]. A health and safety representative must: 

• identify situations that may be a source of danger or hazard to workers,
• make recommendations to the employer/worker/trade union(s) to protect worker safety and health,
• obtain a range of information from the constructor or employer including existing hazards, work practices/standards in similar industries and information about testing related to health and safety,
• be consulted about and be present at the beginning of testing,
• inspect the workplace at least once a month, or where not practical once a year with a part of the workplace inspected each month 
• perform an inspection when a worker is killed or critically injured and shall report findings to a Ministry of Labour Director.

A worker trades committee is required at any construction project requiring a JHSC [s. 10(1), the Act].  A project with fewer than 50 regularly employed workers or that will last less than three months does not require a worker trades committee.

Members of the worker trades committee must be selected by workers employed in each trade at the workplace [s. 10(2)(3), the Act]. If a trade union represents the workers in a trade, the trade union can chose the member for that trade.

The duty of the worker trades committee is to inform the JHSC about specific health and safety concerns of workers employed in trades at the workplace [s. 10(4), the Act].

The JHSC for the workplace shall decide how often the worker trades committee shall meet and determine the amount of paid time for each meeting [s. 10(5)(6), the Act].

A work place health and safety committee is required for each work place where 20 or more employees are normally employed. [s. 135(1),Code] Employers are not required to establish a committee for a work place that is on board a ship if the ship is the employee’s home base. [s. 135(2), Code] The establishment of a committee may be exempt in certain additional circumstances including a special Ministerial exemption and where a similar committee has been established through a collective agreement or employer/employee contract and an exemption is ordered by a health and safety officer.  [s. 135(3)(6), Code]

The committee must have at least two persons. [s. 135.1(1), Code]

At least half of the members must be employees not exercising managerial functions. [s. 135.1(1), Code]

The worker members must be chosen by the employees at the work place and/or the trade union. [s. 135.1(1), Code].  The employer selects employer members.

Yes. Work place health and safety committee members have several legally mandated duties and rights.  For instance, they have the right to:

• any information from the employer the committee considers necessary to identify existing or potential hazards in the work place. [s. 135(8), Code];

• full access to all government and employer reports, studies and tests relating to health and safety in the work place [s. 135(9),Code]. Work place committees do not have access to personal medical records without personal consent from the worker the medical records are about;

• time necessary to perform their duties including preparation and travel time; and are paid their appropriate wage for time spent performing duties including preparation and travel time.  [s. 135.1(10)(11), Code]

• develop workplace harassment and violence prevention policy, assess the risk, develop and implement preventive measures in concert with the employer [s. 5-10, Work Place Harassment and Violence Prevention Regulations]

Section 135(7) of the Code also stipulates work place health and safety committees must:

• work to resolve employee health and safety complaints;
• work with the work place policy committee to develop a hazard prevention program that includes employee health and safety education;
• develop a program to prevent hazards not covered in the work place health and safety policy,
• participate in all health and safety related inquiries, investigations, consultations, studies and inspections;
•  participate in the implementation and monitoring of a program dealing with personal protective equipment, clothing, devices or materials;
• perform duties required of a policy committee if there is no policy committee at the work place, such as developing occupational health and safety policies and procedures;
• ensure the maintenance of records about work accidents, injuries and health hazards, as well as monitoring accident, injury and hazard data;
• cooperate with health and safety officers;
• participate in any implementation of changes which may affect health and safety at the work place;
• assist the employer in investigating and assessing employee exposure to hazardous substances; and
• inspect all or part of the work place each month, so that every part of the work place is inspected at least once each year.

It is important to note, committee members are exempt from liability for anything done or omitted in good faith under the authority of Part II of the Canada Labour Code. [s. 135.1(13), Code]

The work place health and safety committee must meet at least nine times per year at regular intervals. Meetings must be held during regular working hours, unless the meeting is the result of an emergency or other special circumstance. [s. 135(10), Code] As long as the committee meets these minimum requirements, they can meet as frequently as they choose, because committees have the right to establish their own rules of procedures. [s. 1. 35.1(14), Code]

Employers must establish a policy health and safety committee if they normally employ 300 or more employees. [s. 134.1(1), Code]  They may also establish this committee if they have 21 to 299 employees. [s. 134.1(2), Code] Employers may establish more than one policy committee if the employees agree or if represented by a union, the union agrees. [s. 134.1(3), Code]

The committee must have at least two persons. [s. 135.1(1), Code]

At least half of the members must be employees not exercising managerial functions, [s. 135.1(1), Code] unless a collective agreement provides otherwise. [s. 135.1(2), Code]  For instance, the collective agreement can call for a person who is not an employee of the workplace to be a member of the policy committee.

The worker members must be chosen by the employees at the work place and/or the union. [s. 135.1(1), Code].  The employer selects employer members.

The policy health and safety committee must meet at least at least quarterly. Meetings must be held during regular working hours, unless the meeting is the result of an emergency or other special circumstance. [s. 134.1(7), Code] As long as the committee meets these minimum requirements, they can meet as frequently as they choose, because committees have the right to establish their own rules of procedures. [s. 135.1(14), Code]

Yes. policy health and safety committee members have specific rights and duties under the Code.  For instance, they have the right to:

• any information from the employer the committee considers necessary to identify existing or potential hazards in the work place. [s. 134.1(5), Code];

• full access to all government and employer reports, studies and tests relating to health and safety in the work place [s. 134.1(6), Code]. Policy committees do not have access to personal medical records without personal consent from the worker the medical records are about;

• time necessary to perform their duties including preparation and travel time; [s. 134.1(7), Code]and are paid their appropriate wage for time spent performing duties including preparation and travel time [s. 135.1(10)(11)(12), Code];

• develop workplace harassment and violence prevention policy, assess the risk, develop and implement preventive measures in concert with the employer [s. 5-10, Work Place Harassment and Violence Prevention Regulations]

Section 134.1(4) of the Code also stipulates the policy health and safety committee must:

• participate in the development of health and safety policies and programs;
• work to resolve employee health and safety concerns, or concerns referred to it by a work place committee or a health and safety representative;
• help develop and monitor a work place hazard prevention program which includes educating employees in health and safety matters;
• when the committee feels it is necessary, participate in occupational health and safety related inquiries, investigations, studies and inspections;
• help develop and monitor a program for the provision of personal protective equipment, clothing, devices or materials;
• cooperate with health and safety officers;
• monitor data on work accidents, injuries and health hazards; and
• help plan and implement any work place changes affecting occupational health and safety, including work processes and procedures.

 It is important to note, committee members are exempt from liability for anything done or omitted in good faith under the authority of Part II of the Canada Labour Code. [s. 135.1(13), Code]

A health and safety representative is required at any work place where fewer than 20 employees are normally employed or when an employer is not required to establish a work place committee. [s. 136(1), Code]

The health and safety representative is selected by the employees at the work place or their trade union. [s. 136(2), Code] This representative must be an employee who does not exercise managerial functions.

Yes. Health and safety representatives have specific rights and duties under the Code.  For instance, they have the right to:

• any information from the employer the representative considers necessary to identify existing or potential hazards in the work place. [s. 136(6), Code];

• full access to all government and employer reports, studies and tests relating to health and safety in the work place. [s. 136(7), Code]  They do not have access to personal medical records without personal consent from the worker the medical records are about; and

• time necessary to perform their duties including preparation and travel time; and are paid their appropriate wage for time spent performing duties including preparation and travel time. [s. 136(8)(9), Code] 

• develop workplace harassment and violence prevention policy, assess the risk, develop and implement preventive measures in concert with the employer [s. 5-10, Work Place Harassment and Violence Prevention Regulations]

 Section 136(5) of the Code also stipulates health and safety representatives must:

• work to resolve employee health and safety complaints;
• meet with the employer to address health and safety matters;
• help develop, implement and monitor a hazard prevention program that includes employee health and safety education (where there is no policy committee);
• participate in the development of health and safety policies and programs;
• participate in all health and safety related inquiries, investigations, consultations, studies and inspections;
• participate in the implementation and monitoring of a program dealing with personal protective equipment, clothing, devices or materials;
• ensure the maintenance of records about work accidents, injuries and health hazards, as well as monitoring accident, injury and hazard data;
• cooperate with health and safety officers;
• participate in any implementation of changes which may affect health and safety at the work place;
• assist the employer in investigating and assessing employee exposure to hazardous substances; and
• inspect all or part of the work place each month, so that every part of the work place is inspected at least once each year.

Yes. Bill C-45, commonly known as the Westray Bill passed on March 31, 2004. This amendment to the Criminal Code established liability to corporations and other organizations for the acts of their representatives (i.e., director, partner, manager, supervisor, agent or contractor of the organization). Specifically, Section 217.1 of the Criminal Code reads:
 
"Everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task."
 
The 2004 amendments also added Sections 22.1 and 22.2 imposing criminal liability on an organization and its representatives for negligence and other offences. Examples of these representatives include employers, directors, managers, supervisors, lead hands and contractors.
 
Individuals convicted of criminal negligence causing death (s. 220) can be sentenced up to life in prison, while corporations can face a limitless fine. Individuals convicted of criminal negligence causing bodily harm can be sentenced up to 10 years in prison (s. 221).

On May 9, 1992 a deadly blast ripped through the Westray Mine in Pictou County, Nova Scotia killing 26 miners. In the mine’s short-lived existence dozens of documented health and safety violations were already on file with the provincial government. Justice K. Peter Richard headed a subsequent public inquiry. His 1997 report noted flagrant disregard by mine supervisors and senior company officials for worker health and safety. He found government inspectors knowingly failed to enforce regulations and did little to support internal health and safety structures. Along with changes to provincial legislation, he recommended amendments to Canada’s Criminal Code as are necessary to ensure corporate executives and directors are held properly accountable for workplace safety.
 
The government eventually responded to these recommendations and a significant lobbying campaign lead by the United Steelworkers and other unions by introducing Bill C-45 in June, 2003. The law passed and took effect March 31, 2004.

As with any Criminal Code offence, local police have the responsibility to investigate and determine if charges are to be laid. The Crown Attorney will review the charges before they go to court and will carry out the prosecution. In some situations, Crown Attorneys may review the case before charges are laid.

Yes. This has already occurred in Ontario. Toronto-based Metron Construction plead guilty to one count of criminal negligence causing death in connection with a 2009 scaffolding incident that killed four workers and seriously injured another. The guilty plea is the first by an Ontario corporation charged under Criminal Code Bill C-45 amendments that became law in 2004. At a June 15, 2012 court hearing, Metron Construction entered a guilty plea on one count of criminal negligence causing death. They were fined $200,000. On appeal, the fine was increased to $750,000.

A project manager who oversaw the swing stage crew that fell 13 stories to their death in the 2009 incident mentioned above was found guilty on four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm and sentenced to three-and-a half years in prison.

Metron Construction President, Joel Swartz, P. Eng. as a company director, was fined $90,000 after pleading guilty to four charges under the Occupational Health & Safety Act and its regulations.  These charges were:

• Two counts under s.26(2) of the Construction Regulations failing to ensure workers using a fall protection system were adequately trained; failing to provide proper records of training;
• s. 93 of Construction Regulations failing to ensure suspended scaffolding was maintained and did not endanger a worker;
• s. 134 of the Construction Regulations for failing to ensure a suspended platform complied with all aspects of the Regulation.

No. The Criminal Code is a national law

Yes. In addition to general duties to provide information, instruction and supervision, the Act and regulations spell out many explicit legal training obligations for employers. Examples of these training obligations relate to:

• Basic Occupational Health and Safety Awareness Training (for workers) [O. Reg. 297/13]
• WHMIS [O. Reg. 860—WHMIS Regulation, s. 6 and 7] 
• Fall Protection [O. Reg. 213/91—Construction Projects, s. 26.2(1) and O. Reg. 851–Industrial Establishments, s. 85 and 79]
• Working at Heights [O. Reg. 297/13]
• Confined Space Entry [O. Reg. 632/05 Confined Spaces, s.8 and 9]
• Violence and Harassment [s. 32.0.1 through 32.0.7, the Act]
• Mobile Equipment Operators [O. Reg. 213/91—Construction Projects, s. 96 and 1]
• JHSC Certification—Part I and II [see below for more details]
• Biological, Chemical or Physical Agents [O. Reg. 851—Industrial Establishments, s. 130 and O. Reg. 860—WHMIS Regulation, s. 6 and 7]
• Designated Substances [O. Reg. 490/09 Designated Substances, s. 20 (2)]
• Asbestos [O. Reg. 278/05 – Asbestos on Construction Projects and in Buildings and Repair Operations]
• Personal Protective Equipment or Devices—use and care [O. Reg. 851—Industrial Establishments, s. 79 and O. Reg. 67/93—Health Care and Residential Facilities, s. 10]
• Health and safety measures and procedures for health care workers relevant to the workers’ work [O. Reg. 67/93—Health Care and Residential Facilities, s. 9(4)]

Ontario law requires employers to provide instruction and training to workers exposed or likely to be exposed to a hazardous material or a hazardous physical agent [s. 42(1), the Act and O. Reg. 860—WHMIS Regulation, s. 6 and 7]. The employer must consult with the joint health and safety committee (JHSC) or health and safety representative about the content and delivery of this information and training [s. 42(2), the Act]. The employer must also ensure the worker understands the information and can put it into practice [O. Reg. 860—WHMIS Regulation, s. 7(3)].
 
The employer must also review the instruction and training provided to the worker and worker’s familiarity at least annually or more frequently in certain circumstances [s. 42(3)(4), the Act]. This must be done in consultation with the JHSC or worker representative [s. 42(3), the Act]. This may trigger the need for retraining.

For workers exposed or likely to be exposed to a hazardous material or hazardous physical agent, training must include [O. Reg. 860—WHMIS Regulation, s. 7(1)]:

• the information required on supplier and workplace product labels along with the purpose and significance of the information,
• modes of identification when used at the workplace instead of labels;
• the information required on safety data sheets (SDSs) along with the purpose and significance of the information,
• procedures for the safe use, storage, handling and disposal of a controlled product, including a controlled product in a piping system, vessel, a tank car/truck, conveyor belt or other system of conveyance,
• procedures to be followed where fugitive emissions are present, and
• procedures to be followed in case of an emergency involving a controlled product.

Note: Providing a generic WHMIS training program is not enough to comply with the law. To fully comply, employers must develop and implement workplace-specific training including safe work procedures.

Yes. Firstly, employers must ensure a supervisor completes a basic occupational health and safety awareness training program that meets the requirements set out in O. Reg. 297/13 subsection 2(3) within one week of performing work as a supervisor.

Further, the Act requires employers to ensure a supervisor is a competent person [s. 25(2)(c), the Act] . The Act defines a competent person as a person who [s. 1(1), the Act]:

• is qualified because of knowledge, training and experience to organize the work and its performance,
• is familiar with the Act and the regulations that apply to the work, and
• has knowledge of any potential or actual danger to health or safety in the workplace.

 
Most supervisors will require training to meet this standard of competency.

Ontario law requires at least one joint health and safety committee (JHSC) member representing workers and one representing management to be certified through training approved by the Ministry of Labour (MOL) [s. 9(12), the Act]. Most workplaces employing 20 or more workers or using a designated substance must have a JHSC in place.
 
To become (and remain) certified, selected workplace representatives must complete the Certification process including:

1. Certification Part I training
2. Certification Part II training (covering a minimum of six hazards, within 12 months of Part I)
3. Certification Refresher training (required every three years).

No. When it comes to training of worker health and safety representatives in smaller workplaces the law has not progressed to recognize the mandatory need for highly qualified worker reps as well. An unfortunate situation given the law requires worker health and safety representatives functioning in workplaces much like JHSC members [s. 8(5.1)(5.2)(5.3), the Act]. This said, employer-provided training for this group is a good practice – one supported with WHSC training, and one that will soon be supported with government subsidies for both the cost of registrations for our training program and wages for training participants.
 
Note: Health and safety representatives are mandated in workplaces where there are between six and 19 regularly employed workers [s. 8(1), the Act].  The Minister can also require a health and safety representative be selected at any workplace not normally requiring a health and safety representative [s. 8(2), the Act].

Yes. Though not addressed specifically in health and safety law, it is the Ministry of Labour’s position that time spent at training sessions should be considered work time and workers should be paid at the regular or premium rate (outlined in the MOL’s WHMIS Guide, Chapter 4: WHMIS and the Employer). 

Employers have extensive duties to provide training to employees under the Canada Labour Code, Part II and Canada Occupational Health and Safety Regulations. For the most part, the development, implementation and review of any training must be done in consultation and with the participation of the policy committee, or, if there is no policy committee, the work place committee or the health and safety representative. [s. 19.1 (1), Canada Occupational Health and Safety Regulations]

Employers have a general duty to provide employees with information, instruction, training and supervision necessary to ensure their health and safety at work. [s. 125(1)(q), Code] They are also required to develop and implement a hazard prevention program, including employee training. [s. 19.1 (1), Canada Occupational Health and Safety Regulations] If employers provide employees with an electronic copy of the Code or Canada Occupational Health and Safety Regulations, they must provide training to enable access, and if requested provide a readily available printed copy. [s. 125(1)(f) Code]

Employers must provide all employees with training on the prevention of harassment and violence in the workplace. Retraining must occur within three years or following an update to the program or assignment to new work for which there is an increased or specific risk to harassment or violence. This training must be developed, or a provider selected in concert with a policy committee, the work place committee or the health and safety representative [s. 12, Work Place Harassment and Violence Prevention Regulations].

Employers must also give workers with supervisory or managerial responsibilities adequate health and safety training, as well as training about their duties under Part II.  [s. 125(1)(z), Code]
 
The employer has several additional duties to provide training under the Canada Occupational Health and Safety Regulations.  For instance, they must train workers about the following safety hazards or concerns before the workers engage in related work:

• climbing towers, antennas, or antenna-supporting structures; [s. 2.18(1), COHS Regs]
• inspecting, testing, cleaning or maintaining HVAC systems; [s. 2.25, COHS Regs]
• working on or around temporary structures such as portable ladders, ramps, stairs, elevated work spaces or elevated platforms; [s. 3.5, COHS Regs]
• wearing proscribed hearing protection; [s7.7, COHS Regs]
• using equipment and tools insulated against electricity; [s. 8.4, COHS Regs]
• working as safety watchers around electrical equipment; [s. 8.8(1), COHS Regs]
• working on poles or elevated structures; [s. 8.10, COHS Regs]
• working with hazards substances; [s. 10, COHS Regs]
• working with confined spaces; [s. 11.11, COHS Regs]
• working at heights and using fall protection equipment; [s. 12.10, COHS Regs]
• wearing or using personal protective equipment; [s. 12.15, COHS Regs]
• using tools and machinery; [s. 13.11, COHS Regs]
• using motorized material handling equipment; [s. 14.23, COHS Regs] and
• manually handling material over 10kg. [s. 14.48, COHS Regs]
• emergency preparedness [s. 17.6, COHS Regs]

Section 19.1 of the COHS Regs calls for employer to develop, implement and monitor a program for the prevention of hazards, including ergonomics-related hazards, in the work place. The program must be appropriate to the size of the work place and the nature of the hazards in the work place.  It must include an implementation plan; a method for hazard identification and assessment; preventative measures; employee education and a program evaluation. [s. 19.1, COHS Regs]
 
Employee education is prescribed by Section 19.6 of the regulation and must include:

• the hazard prevention program addressing hazards applicable to the employee;
• the nature of the work place and hazards associated with it;
• the employee’s duty to report hazards they are aware of to the employer or supervisor; and
• an overview of the Code and COHS Regs.

The employer must provide education about any new hazard information (related to the employee’s work place) as soon as the information is available to the employer, or shortly before the employee is assigned to a new activity or new hazard.  The employee education program must be revised at least every three years or as soon as new hazard information (related to the work place) becomes available to the employer.  Employees must acknowledge in writing when they receive education, and employers must acknowledge in writing that they provided it.  Records of education must be provided to each employee and the employer must keep the records for two years after the employee ceases to be exposed to a hazard.

Employers must train any employee with a special need by any method of communication needed for the employee to understand the training.  This requirement extends to any direction, notice, information, instruction or training given to employees. Methods may include, but are not limited to: braille, large print, audio tape, computer disk, sign language, and verbal communication. [s. 122.3(1), Code]

An employee is considered to have a special need if they have any condition impairing their ability to receive direction, notice, information, instruction or training by a method normally acceptable under the Code. [s. 122.3(2), Code]

Yes. The employer must develop and implement an employee education program designed to prevent and control hazardous substances at the work place.  The program must be developed and implemented in consultation with the policy committee, or the work place committee, or the health and safety representative. [s. 10.14, COHS Regs] Training under Part X of the COHSR is the federal equivalent to WHMIS training.
 
The employer in consultation must review and if necessary revise the program at least once per year or sooner if new information or a new hazardous substance or condition affects the work place. [s. 10.14(3), COHS Regs].  The employer must keep records about any training or instruction received. [s. 10.15, COHS Regs]

The employer must provide instruction to every employee likely to handle or be exposed to a hazardous substance.  Workers installing, operating, maintaining or repairing any assembly of pipes or other equipment used for transferring hazardous substances from one location to another must also receive the training.

For workers likely to handle or be exposed to a hazardous substance, training must include:

•  the product identifier of the hazardous substance,
• all hazard information (disclosed on a material safety data sheet or label),
• all hazard information of which the employer is aware or ought reasonably to be aware,
• the purpose and significance or any information disclosed on a material safety data sheet, and
• any additional information required if the substance is also a controlled product.

 Workers working with pipes or equipment used for transferring hazardous substances must be trained about:

• every valve and other control and safety device connected to the assembly of pipes, and
• the procedures to follow for the proper and safe use of the assembly of pipes.

 All of these workers must be trained about the proper procedures to follow for the safe storage, handling, use and disposal of hazardous substances.  This includes procedures to be followed during an emergency involving a hazardous substance.  Any employer who keeps computerized versions of material safety data sheets must provide workers training and instructions to enable them to access the material safety data sheets. [s. 10.14, COHS Regs]

Yes. The employer in consultation with the policy committee, or work place committee or health and safety representative must develop and implement training for members of policy and work place committees and health and safety representatives. The program must be reviewed and updated at least once every three years, and whenever there is a change of circumstances that may affect the content of the training [s. 14(1)(2), Policy Committees, Work Place Committees and Health and Safety Representatives Regulations].

Claims allowed by Ontario’s Workplace Safety and Insurance Board (WSIB) have become the default statistics shared by many when discussing the number of workers killed, injured, or made ill each year by hazardous work. Most deaths and many illnesses and injuries caused by exposure to work-related hazards, however, are never reported to, or recognized by the WSIB. This is particularly the case for mental injuries along with cancer and other occupational illnesses with long latency periods between workplace exposure(s) and disease onset. A growing body of research evidence and the experiences of workers suggest underreporting and under recognition is extensive.

We need to recognize a more accurate picture of worker injuries, illnesses, and deaths. This data is critical to inform the public, government regulators, employers, and others of the true cost of unsafe and unhealthy work environments. This awareness may lend urgency to workplace and regulatory actions critical to the pursuit of prevention.

Click here for additional information, including a more accurate picture of deaths, injuries and illnesses caused by unsafe and unhealthy work.

A workplace hazard is anything that can potentially cause harm to a person. Workplace hazards are generally grouped by category including:

• safety (i.e., trips, falls from height, violence),
• chemical (i.e., irritants, carcinogens, endocrine disruptors),
• biological (i.e., mould, bacteria, HIV),
• work design (i.e., repetition, force and awkward posture),
• physical (i.e., heat, electromagnetic fields, noise),
• psychosocial (i.e., role conflict, threat of violence, work-life imbalance), and
• confined space hazards.

Precaution is not an unfamiliar concept. The general duty clause in Ontario's Occupational Health and Safety Act obliges employers to "take every precaution reasonable in the circumstances for the protection of a worker." [s. 25(2)(h), the Act] The precautionary principle builds on this notion of reasonableness. Specifically, this principle states if an action or policy raises the threat of harm to human health or the environment, precautionary measures must be taken even if a cause and effect relationship is not fully established. Workplace hazards do raise the threat of harm to human health. The precautionary principle, in addition to the Act, then places a significant duty on employers to implement action(s) to eliminate or control worker exposure to hazards.  

Eliminate or control worker exposure to hazards. The WHSC and many other progressive health and safety professionals subscribe to this hazard-based approach to protecting the health and well-being of workers and other workplace parties. In short, worker exposure to workplace hazards should be eliminated where possible. When this is not an option, workplace efforts should follow the hierarchy of control—control at the source, along the path and finally, control at the worker. Controls at the worker, including personal protective equipment should always be a last resort.
 
This approach though runs counter to the behaviour-based safety (BBS) systems used by some employers. These systems mistakenly focus attention on workers’ behaviour as the cause of most work-related injuries and illnesses. The solution then is to convince workers to somehow work safer when exposed to workplace hazards. The WHSC believes BBS systems undermine explicit duties placed upon employers and supervisors by occupational health and safety law, including their duty to "take every precaution reasonable in the circumstances for the protection of a worker." [s. 25(2)(h), the Act]  
 
Many others agree. Ontario’s Institute for Work & Health (IWH) was asked to provide advice to the Expert Advisory Panel that reviewed Ontario's Occupational Health and Safety (OHS) Prevention and Enforcement System in 2010. The IWH concluded, “behaviour based safety should not subordinate workplace commitments to worker rights under the Act (the right to know, the right to participate and the right to refuse) and should not be understood to be sufficient to meet the employers (legal) obligations to take all precautions reasonable for the protection of workers. It would also be the recommendation of the IWH that workplace Occupational Health and Safety Management Systems would have a dominant commitment to control and eliminate workplace hazards under the hierarchy of control principle.

Safety hazards can be found in most workplaces. Examples include:

• exposed moving parts,
• sharp objects,
• slippery floors and other tripping hazards,
• working at heights,
• hostile customers or patients, and
• unsafe vehicles or road conditions.

 
Each poses a significant risk to the health of exposed workers (and others). For instance:

• contact with a moving part on machinery or other sharp objects can result in serious cuts, amputation, even death,
• tripping on a slippery floor can result in cuts, bruises and broken bones,
• falling from a ladder or other elevated work surfaces can result in broken bones, even death,
• a hostile customer or patient may assault a worker, and
• slippery road conditions or poorly maintained brakes can cause a vehicle crash resulting in serious injuries and death.

Chemical hazards are substances that because of their properties can place the health of exposed workers in harm’s way. They are found in every Ontario workplace. These chemicals can take the form of solids, dusts, liquids, vapours, gases, fumes, and mists. Workers are exposed through skin contact or when inhaled, ingested or absorbed into the body.  
 
Some chemicals act as simple irritants producing skin rashes, watery eyes, coughing and sneezing. Others can lead to more chronic, life altering, even deadly health outcomes. For instance, chemicals known as endocrine or hormone disruptors can damage reproductive health impairing normal growth and development in children of exposed workers. Exposure to these substances has also been linked with the development of cancer later in life.
 
An estimated 600,000 Ontarians are exposed to cancer causing substances other than solar radiation at work. Exposure to carcinogens won’t necessarily translate into the development of cancer. For some, however, it will. According to the Toronto-based Occupational Cancer Research Centre (OCRC), exposure to cancer-causing agents in the workplace is estimated to cause approximately 10,000 cancers in Canada each year. 

Using conservative estimates, thousands of Ontarians die each year from work-related cancer. Thousands more die from other work-related illnesses affecting the various organs and systems of the body including the lungs, kidneys, liver, along with the circulatory and neurological systems.
 
Chemicals can also be hazardous because they are flammable, combustible and explosive.

A biological hazard is a living organism or product of a living organism that can harm human health. These hazards are also referred to as biological agents and biological materials, respectively. Examples of these organisms include mould, bacteria, viruses, parasites, animals or plants. 
 
Biological hazards can be infectious, allergenic, toxic and deadly. Health outcomes for exposed workers and others can range from simple irritation of the skin and respiratory system to asthma, AIDS and hepatitis B and C to name just a few. Back in 2003, 375 people in Ontario were infected with severe acute respiratory syndrome—commonly known as SARS. The majority of the cases were in Toronto and surrounding communities. The largest group of victims was health care workers. Two nurses and a doctor were among the 44 Canadians who died from the disease. More recently, it is estimated hundreds of workers died because of work-related COVID infections. These victims were employed across sectors ranging from health care and manufacturing to long term care and food processing. ​
 
Sources of biological agents and biological materials to which workers can be exposed include:

• human or animal bodily matter (i.e., tissue, blood, vomit, saliva, medical waste),
• animal products,
• live animals (i.e., animal bites, insect stings),
• plant products,
• cultured disease-causing organisms, and
• circulating disease organisms (common cold virus).

 
Nurses, personal support workers and others employed in health care-related workplaces are just some of the many workers who risk being exposed to biological hazards. Others examples include those who work in or related to veterinary fields, forestry, agricultural or outdoor work, work in food production and preparation, and work in sanitation.

Work design or ergonomic hazards refer to working conditions that pose risk of injury to the musculoskeletal system (MSS). The MSS consists of bones, muscles, tendons, ligaments and joints.
 
The primary working conditions that may damage the MSS include:

• repetition and pace,
• force, and
• awkward posture.

 
Additional working conditions that can contribute to the damage of the MSS include:

• contact stress,
• vibration,
• temperature, 
• psychological stress, and
• work organization.

 
Though exposure to just one of the working conditions mentioned above can be enough to damage the MSS, many workers will be exposed to multiple work design hazards. These multiple exposures can act together to increase the likelihood a worker will be injured or will or a more chronic disorder.
 
Pain, stiffness, swelling and numbness in the affected area, such as the wrist, shoulder and elbow are tell-tale signs work is damaging the MSS. Ongoing exposure though can lead to musculoskeletal disorders (MSDs) also commonly known as repetitive strain injuries and cumulative trauma disorders. Examples include sprains and strains, tendinitis, carpal tunnel syndrome (a condition affecting the wrist) and back injuries (note that back injuries can also result from a single incident).

Physical hazards are often associated with an uncontrolled source of energy. Examples include:

• noise,
• vibration,
• temperature extremes (including humidity),
• electricity, and
• radiation (including electromagnetic fields, radiofrequency radiation, sunlight/ultraviolet radiation).

 
Common health outcomes associated with these hazards (in the same order listed above) can include hearing impairment or loss, damaged blood vessels and nerves, heat stroke, frostbite, burns and electrocutions and cancer. 
 
Energy-active machinery or equipment can also be dangerous to exposed workers. This can occur when energy sources, including electrical, pneumatic or hydraulic pressure, gravity, steam, water and chemical energy are not adequately bled and locked out. Workers can be exposed to the unexpected cycling of a press or even the direct release of energy leading to serious cuts, amputation and death.

Stressful situations invoke what is commonly referred to as the body’s fight or flight response.
The body reacts by increasing the flow of blood to the muscles and releases hormones to provide additional energy just in case the body must react to the dangerous or otherwise stressful situation.
 
In today's workplace challenging, dangerous or otherwise stressful situations are common. Exposure to workplace hazards ranging from harassment and harmful chemicals to working alone and the risk of needlestick injuries can be stressful for workers. Stress can also result when there is conflict between job demands and the amount of control a worker has over meeting those demands. This can be caused by:

• lack of participation in decision making,
• low levels of control over work,
• role conflict and/or ambiguity,
• inadequate support or resources to complete work,
• unreasonable expectations/excessive workloads,
• excessive pace of work,
• incentive and quota compensation systems,
• long or unpredictable hours,
• low job security,
• lack of communication, and
• lack of company policies to help with work-life balance issues.

 
This stress can lead to irritability, anxiety, depression and other mental injuries. Stress is also a significant contributing factor to other health impacts ranging from the common cold and musculoskeletal disorders to heart disease and cancer. For many, the quality of life outside of work also suffers.
 
There is no question work is stressful and having a negative impact on worker health. It is a major cause of absence from work. In fact, 500,000 Canadians miss work each week because of mental health-related suffering. Approximately 30 per cent of short and long-term disability claims and two-thirds of costs are attributed to mental health issues.
 
There’s also no question stressful work is negatively impacting businesses in terms of increased absenteeism, presenteeism, and turnover. Stress can also lead to reduced job satisfaction, engagement, creativity, and motivation. These outcomes of stressful work have a considerable negative impact on productivity along with direct and indirect costs. In fact, stress is costing Canadian employers tens of billions of dollars annually.

In the context of being hazardous, the Confined Spaces Regulation (s. 1, O. Reg 632/05) defines a confined space as a fully or partially enclosed space,

• that is not both designed and constructed for continuous human occupancy, and
• in which atmospheric hazards may occur because of its construction, location or contents or because of work that is done in it.

Atmospheric hazards can include the build-up of hazardous gases, vapours, dusts, or fumes or where an oxygen-deficient atmosphere may be created. Other hazards of confined spaces can include difficulty with entry and exit, slip and trip hazards, poor visibility, and extremes of temperatures and noise.
 
Examples of confined spaces include storage tanks, truck and rail tank cars, vaults, pits, vats, manholes, sewers, silos, pipelines, ducts and tunnels.
 
Restricted Space vs. Confined Space
 
The Regulation of Health Care and Residential Facilities (s. 42, O. Reg. 67/93) defines restricted space as a space from which the egress of a worker is restricted, limited, or impeded. The regulation then outlines conditions to be met before a worker can enter a restricted space. A restricted space may also be a confined space, thus, an evaluation of the space may determine that the area is a confined space, a restricted space, or both.