The Occupational Health and Safety Act sets out the rights and duties of all parties in the workplace, as well as the procedures for dealing with workplace hazards and for enforcement as needed.
This guide does not constitute legal advice. To determine your rights and obligations under the Occupational Health and Safety Act (OHSA) and its regulations, please contact your legal counsel or refer to the legislation.
For further information on the OHSA and its requirements you may wish to refer to the relevant health and safety association:
We all share the goal of making Ontario's workplaces safe and healthy.
The Occupational Health and Safety Actfootnote 1 provides us with the legal framework and the tools to achieve this goal. It sets out the rights and duties of all parties in the workplace. It establishes procedures for dealing with workplace hazards and it provides for enforcement of the law where compliance has not been achieved voluntarily by workplace parties.
The Act came into force in 1979. Changes to the Act in 1990 and subsequent years continued the evolution of occupational health and safety legislation since its original enactment. These changes have strengthened the requirements for occupational health and safety in Ontario workplaces and have reinforced the internal responsibility system (IRS) and the workplace structures, in particular the joint health and safety committees.
Employers should note that the Act makes it clear that the employers have the greatest responsibilities with respect to health and safety in the workplace. However all workplace parties have a role to play to ensure that health and safety requirements are met in the workplace. All workplace parties have a responsibility for promoting health and safety in the workplace and a role to play to help the workplace be in compliance with the statutory requirements set out under the Act. The respective roles and responsibilities for all workplace parties are detailed in the Act. This is the basis for the internal responsibility system.
Every improvement in occupational health and safety benefits all of us. Through cooperation and commitment, we can make Ontario a safer and healthier place in which to work.
It's worth working for.
This guide does not replace the Occupational Health and Safety Act (OHSA) and its regulations, and should not be used as or considered legal advice. Health and safety inspectors apply the law based on the facts in the workplace.
This guide can assist you in understanding how to have a healthy and safe workplace. It explains what every worker, supervisor, employer, constructor and workplace owner needs to know about the Occupational Health and Safety Act. It describes workplace parties' rights and responsibilities in the workplace and answers, in plain language, the questions that are most commonly asked about the Act.
This guide is intended to provide an overview of the Act. It is not a legal document. The guide does not cover every situation or answer every question about the legal requirements concerning occupational health and safety in Ontario. In order to understand your legal rights and duties, you must read the Act and the regulations. But if you read this guide beforehand, you may find the technical language of the legislation easier to understand. Throughout the guide, the relevant section numbers of the Occupational Health and Safety Act have been inserted in the text for ease of reference.
The Ministry of Labour, Immigration, Training and Skills Development issues guidance documents to assist with the application and interpretation of sections of the Act that relate to occupational health and safety. Guidance documents are intended to assist workplace parties with compliance, but, are not intended to provide interpretations of the law. This guidance document is designed to provide all workplace parties with guidance on the requirements of the OHSA.
Current versions of Ontario law can be viewed at or downloaded and printed from e-Laws.
If you need help in answering questions about the Act or the regulations, you have a number of options. You may:
One of the primary purposes of the Occupational Health and Safety Act (OHSA) is to facilitate a strong internal responsibility system (IRS) in the workplace. To this end, the OHSA lays out the duties of employers, supervisors, workers, constructors and workplace owners.
Workplace parties' compliance with their respective statutory duties is essential to the establishment of a strong IRS in the workplace.
Simply put, the IRS means that everyone in the workplace has a role to play in keeping workplaces safe and healthy. Workers in the workplace who see a health and safety problem such as a hazard or contravention of the OHSA in the workplace have a statutory duty to report the situation to the employer or a supervisor. Employers and supervisors are, in turn, required to address those situations and acquaint workers with any hazard in the work that they do.
The IRS helps support a safe and healthy workplace. In addition to the workplace parties' compliance with their legal duties, the IRS is further supported by well-defined health and safety policies and programs, including the design, control, monitoring and supervision of the work being performed.
The employer, typically represented by senior management, has the greatest responsibilities with respect to health and safety in the workplace and is responsible for taking every precaution reasonable in the circumstances for the protection of a worker. The employer is responsible for ensuring that the IRS is established, promoted, and that it functions successfully. A strong IRS is an important element of a strong health and safety culture in a workplace. A strong health and safety culture shows respect for the people in the workplace.
Supervisors are responsible for making workers fully aware of the hazards that may be encountered on the job or in the workplace; ensuring that they work safely, responding to any of the hazards brought to their attention, including taking every precaution reasonable in the circumstances for the protection of a worker.
Worker responsibilities include: reporting hazards in the workplace; working safely and following safe work practices; using the required personal protective equipment for the job at hand; participating in health and safety programs established for the workplace.
The health and safety representative, or the joint health and safety committee (JHSC) where applicable, contribute to workplace health and safety because of their involvement with health and safety issues, and by assessing the effectiveness of the IRS. More information on the roles of the joint health and safety committee and the health and safety representative can be found in this guide and the Guide for joint health and safety committees and health and safety representatives in the workplace.
Parties and organizations external to the workplace also contribute to workplace health and safety. These include the Ministry of Labour, Immigration, Training and Skills Development (MLITSD), the Workplace Safety and Insurance Board (WSIB), and the health and safety system partners. The MLITSD's primary role is to set, communicate, and enforce workplace occupational health and safety standards while encouraging greater workplace self-reliance.
As of April 2012, in addition to the enforcement responsibilities noted above, the ministry is also responsible for developing, coordinating and implementing strategies to prevent workplace injuries and illnesses and set standards for health and safety training. Some of the ways that it carries out its prevention mandate include establishing a provincial occupational health and safety strategy, promoting the alignment of prevention activities across all workplace health and safety system partners and working with Ontario's health and safety associations (HSAs) to ensure effective delivery of prevention programs and services.
The OHSA gives workers three important rights:
Workers have the right to know about any potential hazards to which they may be exposed in the workplace. The primary way that workers can become aware of hazards in the workplace is to be informed and instructed on how to protect their health and safety, including health and safety related to the use of machinery, equipment, working conditions, processes and hazardous substances.
The employer can enable the workers' right to know in various ways, such as making sure they get:
Workers have the right to be part of the process of identifying and resolving workplace health and safety concerns. This right is expressed through direct worker participation in health and safety in the workplace and/or through worker membership on joint health and safety committees or through worker health and safety representatives.
Workers have the right to refuse work that they believe is dangerous to either their own health and safety or that of another worker in the workplace. For example, workers may refuse work if they believe their health and safety is endangered by any equipment they are to use or by the physical conditions of the workplace. Section 43 of the Act describes the exact process for refusing work and the responsibilities of the employer/supervisor in responding to such a refusal.
In certain circumstances, members of a joint health and safety committee who are "certified" have the right to stop work that is dangerous to any worker. Sections 45 – 47 of the Act sets out these circumstances and how the right to stop work can be exercised.
The Occupational Health and Safety Act (OHSA) contains definitions in addition to the content under the following headings:
These are some of the terms more commonly used in the Act.
Workplace means any land, premises, location or thing at, upon, in or near which a worker works . A workplace could be a factory, office building, a private home, a mine, a construction site, an open field, a road, a forest, a vehicle or even a beach.
Worker means any of the following, but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program:
A person who employs or contracts for the services of one or more workers. The term includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor, sub-contractor to perform work or supply services.
A person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer.
While the identification of a constructor is a fact-specific determination, the constructor is generally the person (such as the general contractor) who has overall control of a project. See also the publication entitled: Constructor Guideline: Health and Safety.
Prescribed means specified in regulations made under the Act.
A person who has charge of a workplace or authority over a worker.
An owner includes a tenant, lessee, trustee, receiver, mortgagee in possession or occupier of the lands or premises. It also includes any person who acts as an agent for the owner.
A person who holds a licence under Part III of the Crown Forest Sustainability Act, 1994.
This term is not defined in the OHSA. However, by policy, MLITSDhas interpreted the term to mean employed for a period that exceeds 3 months.
Information is posted in a readily accessible electronic format if the following requirements are met
Workplace harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, that is known or ought reasonably to be known to be unwelcome and includes workplace sexual harassment.
A reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment.
Workplace sexual harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome.
It also includes making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.
Workplace violence means:
Almost every worker, supervisor, employer and workplace in Ontario is covered by the Occupational Health and Safety Act (OHSA) and regulations. Regulated parties also include owners, constructors, and suppliers of equipment or materials to workplaces.
The Occupational Health and Safety Act (OHSA or "the Act") does not apply to:
The law that covers federal workplaces is available online on the Federal Government website. Health and safety provisions are found under Part II of the Canada Labour Code.
The OHSA applies to all farming operations, with the exception of farms operated by a self-employed person without any workers.
O. Reg.414/05: Farming Operations sets out further limitations on the application of the OHSA and regulations to farming operations.
Regulations that apply to farming operations are: Ontario Regulation 420/21 (Notices and Reports Under Sections 51 to 53.1 of the Act — Fatalities, Critical Injuries, Occupational Illnesses and Other Incidents); Ontario Regulation 297/13 (Occupational Health and Safety Awareness and Training); Ontario Regulation 381/15 (Noise); Ontario Regulation 559/22 (Naloxone Kits).
More information on the application of the OHSA to farming operations is available on the Ontario government website in the MLITSD guide, Health and Safety in Farming Operations.
The OHSA applies, with some prescribed limitations and conditions found in O. Reg. 857: Teachers. The regulation includes the following:
For further information on work refusals in the education sector, refer to Part V — Work Refusals, of this guide.
Yes, specific provisions in the OHSA, such as those relating to specific employer duties, hazardous materials, notification of injury and illnesses, and enforcement, offences and penalties, apply with necessary modifications to self-employed persons.
If there is any question about whether the OHSA applies to you or your workplace, you may call the Ministry of Labour, Immigration, Training and Skills Development 's health and safety information line:
Health & Safety Contact Centre
Toll Free: 1-877-202-0008
TTY: 1-855-653-9260
Fax: 905-577-1316
General inquiries about workplace health and safety are taken from 8:30 a.m. – 5:00 p.m., Monday – Friday.
Content last reviewed May 2019.
Part II relates to the administration of the Occupational Health and Safety Act (OHSA) and covers the requirements setting out the creation, selection, powers, rights and obligations of the joint health and safety committee and health and safety representatives.
A joint health and safety committee (JHSC) is a workplace committee comprised of worker and management representatives. At least half of the members of the JHSC must be workers (selected by workers or by the trade union(s) that represent the workers) employed at the workplace and that do not exercise managerial duties. This committee has various powers, including monitoring health and safety in the workplace, identifying hazards in the workplace, and recommending health and safety improvements where and when required.
The committee is authorized to hold meetings and conduct regular workplace inspections and make written recommendations to the employer for the improvement of the health and safety of workers.
Part II outlines the requirements of the Act regarding committees. More detailed information is available in the Guide for Health and Safety Committees and Representatives, available on the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) internet website.
The JHSC has several important functions and powers which enable the committee to support the IRS and ensure it is functioning effectively.
One of the main purposes of the JHSC is to identify workplace hazards, such as machinery, substances, production processes, working conditions, procedures or anything else that can endanger the health and safety of workers [clause 9(18)(a)]. To a large extent, this purpose is met by carrying out inspections of the workplace. It may obtain and review specified types of information (e.g. information identifying potential or existing hazards) from the employer so that corrective action can be recommended.
Unless otherwise required by Regulation or an inspector’s order, the Act requires that a designated member of the committee, who represents workers, inspect the workplace at least once a month. In some cases, this may not be practical. For example, the workplace may be too large and complex to be inspected fully each month. Where it is impractical to conduct monthly inspections, the committee must establish an inspection schedule that will ensure that at least part of the workplace is inspected each month and the entire workplace is inspected at least once a year [subsections 9(26), (27) and (28)].
For most committees, the employer is likely to be an important source of information. The committee has the power to obtain information from the employer, such as information about any actual or potential hazards in the workplace, about the health and safety experience and work practices and standards in other workplaces of which the employer is aware and about any workplace testing that is being carried out for occupational health and safety purposes.
If the employer intends to do specified testing in or about the workplace that is related to occupational health and safety, the joint health and safety committee has the right to be consulted before the testing takes place. A designated member of the JHSC representing workers may also be present at the beginning of such testing if the committee believes that his or her presence is necessary to ensure that valid testing procedures are used or to ensure that test results are valid [clause 9(18)(f)].
The committee has the power to make recommendations to the employer and to the workers on ways to improve workplace health and safety. For example, the committee could recommend that a new type of hearing protection be given to workers in noisy areas, or that safety training programs be established, or that special testing of the work environment be carried out [clauses 9(18)(b) and (c)].
If the committee has failed to reach a consensus about making recommendations after trying to reach a consensus in good faith to do so, either co-chair of the committee has the power to make written recommendations to the constructor or the employer.
The employer must provide a written response within 21 calendar days, to any written recommendations from the committee or co-chair. If the employer agrees with the recommendations, the response must include a timetable for implementation. For example, if the employer agrees that a special training program should be established, the response must say when the program will begin to be developed and when it will be delivered. If the employer disagrees with a recommendation, the response must give the reasons for disagreement [subsections 9(20) and (21)].
The committee members who represent workers must designate one of their group to be present at the investigation of a work refusal. For more information, see Part V: The right to refuse or to stop work where health and safety in danger.
The members of a committee who represent workers must designate one or more worker members to investigate cases in which a worker is killed or critically injured at a workplace. The designated member(s) may (subject to subsection 51(2) of the Act) inspect the place where the accident occurred and any machine, device, etc. and must report his or her findings to a Director and the committee [subsection 9(31)]. The findings may also be shared with an inspector.
In workplaces which are subject to the Workplace Safety and Insurance Act, 1997 (WSIA), at the request of the employer, a worker, committee, health and safety representative or trade union, the Workplace Safety and Insurance Board (WSIB) must provide the employer with an annual summary of information about the employer [section 12]. This information must include:
The WSIB can include any other information it considers necessary.
When this report is received from the WSIB, an employer must post it in a conspicuous place(s) in the workplace, where it is likely to be seen by the workers, or in a readily accessible electronic format.
Under the Act, an employer has a general duty to cooperate with and help the joint health and safety committee to carry out its functions [clause 25(2)(e)]. In particular, the employer is required to:
The employer must also advise the committee of the results of an assessment of risks of workplace violence [section 32.0.3] and provide the results of any report on occupational health and safety that is in the employer’s possession [clause 25(2)(l)]. Where the report is in writing, the employer must provide the committee with the portions of the report that relate to occupational health and safety.
A “certified” member of a JHSC is a member who has received specialized training in occupational health and safety and has been certified by the Chief Prevention Officer under the OHSA as of April 1, 2012.
Prior to April 1, 2012 JHSC members were certified by the WSIB under the WSIA. Those certifications are still recognized under the OHSA.
The certified member plays an important role on the committee and in the workplace and possesses specific powers under the OHSA.
In general, constructors and employers are required to ensure that JHSCs in their workplaces have at least 2 certified members (one representing workers and one representing the employer/constructor). Subsection 9(13) and O. Reg. 385/96, Joint Health and Safety Committees Exemption from Requirements, specify exceptions to this general certification requirement.
More detailed information is available in the Guide for Health and Safety Committees and Representatives.
In addition to the above rules about JHSCs, there are special rules for the establishment and operation of worker trades committees on certain construction projects, including those of specified size and duration.
Subject to the Minister’s order-making powers in subsections 10(1.1) and (1.2), it is generally the responsibility of the JHSC at a construction project, not of the employer or constructor, to establish a worker trades committee where required by subsection 10(1). The OHSA requires that the members of a worker trades committee represent workers employed in each of the trades at the workplace. Worker members of this committee are to be selected by the workers who are employed in the trades that the members are to represent or by the representative trade union (where applicable).
The minister of Labour, Immigration, Training and Skills Development may also require a constructor to establish a worker trades committee for a project and may provide for the composition, practice and procedure of the worker trades committee [subsection 10(1.1)].
The Minister may also alter and otherwise provide for the composition, practice and procedure of a worker trades committee that has been established by the JHSC [subsection 10(1.2)].
When an order under subsection 10(1.1) or 10(1.2) requires a constructor, employer or owner of a project to be represented on a worker trades committee, the constructor, employer or owner will choose their own representative [subsection 10(1.4)].
The worker trades committee has the sole function of informing the JHSC of any health and safety concerns of workers who are employed in the trades at the workplace.
Not all workplaces are required to have a JHSC. In most small workplaces, a health and safety representative of the workers is required instead of a committee. This section outlines the provisions of the Act that cover health and safety representatives.
A health and safety representative is required at a workplace or construction project where the number of workers in the workplace regularly exceeds five, and where there is no JHSC required [subsection 8(1)]. The health and safety representative must be chosen by the workers who do not exercise managerial functions and who will be represented by the representative, or by the union if there is one [subsection 8(5)].
MLITSD is of the view that the workers do not need to all be physically present in the workplace at the same time for the purposes of determining if the number of workers in the workplace regularly exceeds the statutory threshold.
Health and safety representatives have many of the same powers as JHSC members, except for the power to stop work. If you are a health and safety representative, please read the previous section on JHSC, and also refer to the Guide for Health and Safety Committees and Representatives.
A health and safety representative has the following powers:
The health and safety representative has the power to identify workplace hazards and make recommendations or report his or her findings to the employer, workers and relevant trade union(s) (if any). This power is usually exercised by conducting workplace inspections.
Unless otherwise required by the regulations or by an inspector’s order, the representative must inspect the physical condition of the workplace at least once a month [subsection 8(6)]. If it is not practical, for some reason, to inspect the entire workplace once a month, at least part of it must be inspected monthly, following a schedule agreed upon by the representative and the employer/constructor. The entire workplace must be inspected at least once a year [subsections 8(7) and (8)].
The constructor, employer and workers are required to give the representative any information and assistance needed to carry out these inspections [subsection 8(9)].
Under the Act an employer has a general duty to co operate with and help the health and safety representative to carry out his or her functions [clause 25(2)(e)]. The health and safety representative has the power to obtain information from the constructor or employer concerning tests, if any, on equipment, machine, agents, etc. in the workplace. This power is reinforced by the employer’s duty to assist and cooperate with the health and safety representative in the carrying out of his/her functions, to advise the health and safety representative of the results of an assessment of risks of workplace violence and provide a copy of the assessment if it is in writing [section 32.0.3], and to provide the health and safety representative with the results of a report on occupational health and safety [clause 25(2)(l)].
If the employer intends to do specified testing in or about the workplace that is related to occupational health and safety, the representative has the right to be consulted before the testing takes place. He or she may also be present at the beginning of such testing if the representative believes that his or her presence is necessary to ensure that valid testing procedures are used or to ensure that test results are valid [clause 8(11)(b)].
The representative has the power to make recommendations to the employer on ways to improve workplace health and safety – the same power given to joint health and safety committees.
The constructor or employer must respond in writing, within 21 calendar days, to any written recommendations [subsection 8(12)].
The health and safety representative must be present at the employer’s investigation of a work refusal unless another worker, who has been selected by a trade union or the workers in the workplace to represent them in work refusal investigations, is present. For more information, see Part V: Right to refuse or to stop work where health and safety in danger in this Guide.
If a worker is killed or critically injured on the job, the representative has the power to inspect the scene where the injury occurred and any machine, device, thing, etc. subject to subsection 51(2) of the OHSA. His or her findings must be reported in writing to a Director of the Ministry of Labour, Immigration, Training and Skills Development [subsection 8(14)] and may be shared with an inspector.
In workplaces to which the WSIA applies, the health and safety representative has the power to request specified types of information from the WSIB (e.g. number of employer’s work-related fatalities, number of employer’s lost workdays). This same power is available to a joint health and safety committee member. When this information is received from the WSIB, an employer must post it in the workplace, in a conspicuous location(s) where it is likely to be seen by the workers or in a readily accessible electronic format [section 12].
More detailed information is available in the Guide for Health and Safety Committees and Representatives.
Under the Act, an employer has a general duty to co operate with and help the health and safety representative to carry out functions [clause 25(2)(e)]. In particular, the employer is required to:
The employer must also advise the health and safety representative of the results of an assessment of risks of workplace violence [section 32.0.3] and provide the results of any report on occupational health and safety that is in the employer’s possession [clause 25(2)(l)]. Where the report is in writing, the employer must provide the health and safety representative with the portions of the report that relate to occupational health and safety.
Part II.I of the Act sets out the prevention mandate of the Minister, the structure and powers of the Prevention Council, the powers and duties of the Chief Prevention Officer (CPO), and sets out the process for an entity to become designated. In the occupational health and safety system, these designated entities are more commonly referred to as health and safety associations (HSAs).
It should be noted that the Occupational Health and Safety Act (OHSA) does not “establish” the entities. They are established and incorporated outside the purview of the legislation but become designated through the process that is set out in the OHSA and is thereby subject to the standards and other requirements specified therein.
The Prevention Council is made up of an equal number of representatives of employers and labour organizations. In addition, representatives of non-unionized workers, the Workplace Safety and Insurance Board and persons with occupational health and safety expertise must be represented but cannot collectively make up more than one third of the total membership. The Prevention Council is an advisory agency, which provides advice to the Minister and CPO on specified issues.
The role of the CPO includes the following:
The Occupational Health and Safety Act (OHSA or "the Act") includes legal duties for employers, constructors, supervisors, owners, suppliers, licensees, officers of a corporation and workers, among others. Part III of the OHSA specifies the general duties of these workplace parties.
An employer who is covered by the OHSA, has a range of legal duties, including the duty to ensure that equipment, materials, and protective devices as prescribed, are provided, are maintained in good condition, that prescribed measures and procedures are carried out in the workplace [subsection 25(1)], and the obligation to:
Also note that a related duty under section 25(1) of the OHSA requires employers to ensure that every part of the physical structure of the workplace, whether it is temporary or permanent, complies with load requirements prescribed in the applicable Building Code provisions, any prescribed standards or sound engineering practice where Building Code provisions or prescribed standards do not apply [clause 25(1)(e)].
Employers must also ensure that any personal protective clothing or equipment that is provided, worn or used is a proper fit and is appropriate in the circumstances, having regard to all relevant factors, including such factors as may be prescribed [section 25(1)(b.1). Assessing whether the personal protective clothing and equipment is a proper fit and appropriate in the circumstances may include assessing whether it is appropriate for the task being performed and fits the worker’s body type in accordance with the manufacturer’s intended design. More information is provided in Personal protective equipment fit requirements.
Employers may appoint themselves as supervisors if they meet all 3 qualifications of a competent person. [subsection 25(3)].
Please note that some employer duties make reference to prescribed requirements. For example, clause 25(1)(c) of the OHSA requires that employers carry out any measures and procedures that are prescribed for the workplace. "Prescribed" means specified in regulation. Where a regulation specifies measures and procedures for a specific type of workplace (e.g. an industrial establishment), the employer is required to carry out those measures and procedures.
In addition to requirements for workplace-specific and hazard-specific training, employers are also required to ensure that their workers and supervisors complete, or have completed an occupational health and safety awareness training program that meets regulatory requirements in O. Reg.297/13, Health and Safety Awareness and Training.
The mandatory occupational health and safety awareness training requirement applies to all workplaces covered under the OHSA, such as construction projects, retail stores, hospitals and long-term care facilities, mines and mining plans, and farming operations. Note that awareness training does not replace other training and educational requirements under the OHSA.
A complete list of OHSA regulations can be viewed on the Ministry of Labour, Immigration, Training and Skills Development 's website.
Employers cannot require a worker to wear footwear with an elevated heel unless it is required for the worker to perform his or her work safely [subsection 25.1(1)]. This does not apply to an employer of a worker who works as a performer in the entertainment and advertising industry [subsection 25.1(2)]. For example, a restaurant manager cannot require hostesses to wear high heels as part of a dress code, whereby an actor may have to wear heels for a performance or part of a performance.
The OHSA defines "entertainment and advertising industry" [subsection 25.1(3)] to mean the industry of producing live or broadcast performances, or producing visual, audio or audio-visual recordings of performances, in any medium or format.
"Performances" means performances of any kind, including theatre, dance, ice skating, comedy, musical productions, variety, circus, concerts, opera, modelling and voice-over. "Performer" has a corresponding meaning [(subsection 25.1(3)].
Note that section 25.1 does not affect any of the personal protective equipment requirements regarding footwear in the regulations made under the OHSA. Employers should consult the footwear provisions in the regulations made under the OHSA regarding requirements that apply to their workplace.
Employers have specific duties regarding workplace violence and workplace harassment. Please see Part III.0.I of this guide for more information.
In workplaces where there are toxic or hazardous substances, the employer has many specific duties. These are described in detail in Part IV — Toxic substances.
The Occupational Health and Safety Act (OHSA) sets out certain specific duties for workplace supervisors. A supervisor must:
A supervisor is a person appointed by the employer who has charge of a workplace or authority over a worker [subsection 1 (1)].
Workers are often asked to act as supervisors in the absence of persons hired in that capacity, particularly those identified by such terms as senior, charge, or lead hands. Despite the term used, it is very important to understand that if a worker or lead hand has been given "charge of a workplace or authority over a worker" this person has met the definition of a supervisor within the meaning of the OHSA and assumes the legal responsibilities of a supervisor under the Act.
A competent person is defined in the OHSA as someone who is qualified because of knowledge, training and experience to organize the work and its performance, is familiar with this 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.
The OHSA requires that employers appoint a competent person as a supervisor [clause 25(2)(c)].
A constructor is defined in the OHSA as a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. The constructor is generally the person who has overall control of a project.
For more information, see the MLITSD publication on this website, entitled: Constructor Guideline: Health and Safety.
Under the OHSA, the constructor's duties include the following:
Where required in regulation, a constructor must give notice to the Ministry of Labour, Immigration, Training and Skills Development, containing prescribed information, before work begins on a project [subsection 23(2)]. The Regulation for Construction Projects (O. Reg. 213/91) made under the Act specifies the projects in respect of which notice shall be provided and the content of the notice.
An owner is defined in section 1 of the OHSA as "a trustee, receiver, mortgagee in possession, tenant lessee, or occupier of any lands or premises used or to be used as a workplace, and any person who acts for or on behalf of an owner as an agent or delegate." This term includes individuals other than just the person with legal ownership of the premises or land that is being used as a workplace.
An owner may also be an employer under the Act. An owner of a workplace that is not a construction project, such as a factory, warehouse, car dealership, office) also has duties under the OHSA.
An owner must ensure that:
Where prescribed, an owner or employer is required to file with the Ministry of Labour, Immigration, Training and Skills Development, before any work is done, complete plans (i.e., drawings, layout, specifications and any alterations thereto) for the construction of or change to a workplace [clause 29(3)(a)]. This information will be reviewed by a ministry engineer to determine compliance with the OHSA and regulations. The ministry engineer may also require additional information on the plans from the employer or owner [subsection 29(4)].
If a regulation requires submission of the plans to the Ministry for review by a ministry engineer, a copy must be kept at the workplace and produced for inspection and examination by a ministry inspector upon request [clause 29(3)(b)].
Other requirements apply to owners of mines. For example, the owner of a mine must update drawings and plans every six months and include the prescribed details that are set out under section 22 of Mines and Mining Plants Regulation 854 [subsection 29(2)].
Several duties regarding designated substances apply to all owners of construction projects and constructors.
Before beginning a project, the owner shall determine whether any designated substances are present on the site and shall prepare a list of these substances.
If work on a project is tendered, the person issuing the tenders (e.g. the owner, constructor) shall include the list of designated substances in the tendering information.
Before the owner can enter into a binding contract with a constructor to work on a site where there are designated substances, the owner must ensure that the constructor has a copy of the list of designated substances [subsection 30(3)]. The constructor must in turn ensure that any prospective contractor or subcontractor has a copy of the list before any binding contract for work on the project can be made [subsection 30(4)].
An owner, who fails to comply with the applicable aforementioned duties, is liable to a constructor and every contractor and subcontractor who suffers any loss or damages as a result of the presence of designated substances that were not on the list and that the owner ought reasonably to have known of. The constructor, who fails to comply with the applicable aforementioned duties, is similarly liable for any loss or damages suffered by a contractor or general contractor [subsection 30(5)].
Every person who supplies workplace equipment of any kind under a rental, leasing or similar arrangement must ensure that:
A licensed area is land on which the licensee is authorized to harvest or use forest resources [subsection 24(2)]. A licensee must ensure that, in the licensed area:
Every officer and director of a corporation must take all reasonable care to ensure that the corporation complies with the Act and regulations as well as with any orders and requirements of Ministry of Labour, Immigration, Training and Skills Development inspectors, directors and the Minister [section 32].
Architects and engineers are in contravention of the Act if they negligently or incompetently give advice or a certification required under the Act and, as a result, a worker is endangered [subsection 31(2)].
Workers play a key role in health and safety at the workplace. Workers have various duties under the OHSA. Under the OHSA, a worker must:
Content last reviewed May 2019.
This section outlines the workplace violence and workplace harassment provisions of the Act. More detailed information is available in the Ministry of Labour, Immigration, Training and Skills Development 's Understand the law on workplace violence and harassment, available from ServiceOntario Publications and on the Ministry of Labour, Immigration, Training and Skills Development internet website.
The Occupational Health and Safety Act (OHSA) sets out the duties of workplace parties in respect of workplace violence and workplace harassment. Violence or harassment in the workplace may originate from anyone the worker comes into contact within a workplace, such as a client, a customer, a student, a patient, a co-worker, an employer, or a supervisor. Or the person may be someone with no formal connection to the workplace, such as a stranger or a domestic/intimate partner, who brings violence or harassment into the workplace.
A continuum of inappropriate behaviors can occur at the workplace. This can range from offensive remarks to violence.
It is important for employers to recognize and address these unwanted behaviors early because they could lead to workplace violence. The Criminal Code deals with matters such as violent acts, threats and behaviours, such as stalking. The police should be contacted in these situations. Harassment may also be a matter that falls under Ontario's Human Rights Code.
The following are key requirements of the Act, with respect to workplace violence and workplace harassment.
Workplace harassment is defined in the OHSA as "engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, that is known or ought reasonably to be known to be unwelcome" and includes workplace sexual harassment [subsection 1(1)].
The comments or conduct typically happen more than once. They could occur over a relatively short period of time (for example, during the course of one day) or over a longer period of time (weeks, months or years). However, there may be a situation where the conduct happens only once, such as an unwelcome sexual solicitation from a manager or employer.
Workplace harassment can include unwelcome and/or repeated words or actions that are known or should be known to be offensive, embarrassing, humiliating or demeaning to a worker or group of workers. It can also include behaviour that intimidates, isolates or even discriminates against a worker or group of workers in the workplace that are unwelcome.
This definition of workplace harassment is broad enough to include harassment prohibited under Ontario's Human Rights Code, as well as what is often called "psychological harassment" or "personal harassment." The Ontario Human Rights Commission has a role in facilitating compliance with the Ontario Human Rights Code.
Workplace harassment does not include a reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace [subsection 1(4)].
The OHSA defines workplace sexual harassment as:
This definition of workplace sexual harassment is similar to the prohibitions on sexual harassment and sexual solicitation found in Ontario's Human Rights Code.
Workplace violence is defined in the OHSA as:
This definition of workplace violence is broad enough to include acts that would constitute offences under Canada's Criminal Code.
All employers, who are subject to the OHSA, must prepare policies with respect to workplace violence and workplace harassment and review them at least once a year [subsection 32.0.1(1)].
In a workplace where there are six or more regularly employed workers, the policies are required to be in writing and posted in the workplace where workers are likely to see them or in a readily accessible electronic format [subsections 32.0.1(2) and (3)].
Employers must set up and maintain programs to implement the workplace violence and workplace harassment policies [subsection 32.0.2(1) and subsection 32.0.6(2)]. A workplace violence program must include the following:
A workplace harassment program must include the following:
The workplace harassment program must be in writing, and must be developed and maintained in consultation with the Joint Health and Safety Committee (JHSC) or health and safety representative, if any [subsection 32.0.6(1)].
Under the OHSA, an employer must provide appropriate information and instruction to workers on the contents of the workplace violence and harassment policies and programs [subsection 32.0.5(2)] and section 32.0.8].
All workers should be aware of the employer's workplace violence and harassment policies and programs. For workplace violence, workers should:
For workplace harassment, workers should:
Practically speaking, workers may need other information and instruction on workplace violence and harassment, depending on their jobs. For example, supervisors may need additional information or instruction, especially if they are going to follow up on reported incidents or complaints of workplace violence or workplace harassment.
In addition, general duties for employers under section 25, supervisor duties under section 27, and worker duties set out in section 28 apply, as appropriate.
In order to protect a worker from workplace harassment, the OHSA requires that employers ensure that:
The OHSA specifies that the results of a workplace harassment investigation, and any report created during, or for the purposes of the investigation, is not a report that is required to be provided to the JHSC or health and safety representative for the purposes of subsection 25(2) [subsection 32.0.7(2)].
The employer must:
The employer must advise the (JHSC)or health and safety representative, if any, of the assessment results. If the assessment is in writing, the employer must provide a copy to the JHSC or the health and safety representative [clause 32.0.3(3)(a)].
If there is no JHSC or the health and safety representative, the employer must advise workers of the assessment results. If the assessment is in writing, the employer must provide copies to workers on request or advise the workers how to obtain copies [clause 32.0.3(3)(b)].
Employers must repeat the assessment as often as necessary to ensure the workplace violence policy and related program continue to protect workers from workplace violence [subsection 32.0.3(4)] and inform the JHSC, health and safety representative, or workers of the results of the re-assessment [subsection 32.0.3(5)].
Please note that an assessment of the risks of workplace violence should be specific to the workplace.
The OHSA does not require an employer to proactively assess the risks of violence between individual workers. It could be difficult for the employer to predict when violence may occur between individual workers. However, a review of incidents or threats of violence from all sources may indicate the origins of workplace violence and likelihood of violence between workers at a particular workplace.
The OHSA requires employers and supervisors to provide a worker with information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour [section 32.0.5(3)]. Further details regarding disclosure and limitations of providing information are available in the Ministry of Labour, Immigration, Training and Skills Development 's Understand the law on workplace violence and harassment guide.
Employers who are aware of, or who ought reasonably to be aware of, domestic violence that would likely expose a worker to physical injury in the workplace must take every precaution reasonable in the circumstances to protect the worker [section 32.0.4].
Some indicators that domestic violence may occur in the workplace include reported concerns from the targeted worker or other workers, threatening calls or unwelcome visits at the workplace.
Measures and procedures in the workplace violence program can help protect workers from domestic violence in the workplace. For example, measures for the summoning of immediate assistance or for reporting of violent incidents could help protect workers from domestic violence when it may occur in the workplace.
Workers should be told that they can report their concerns to their employer if they fear that domestic violence may enter the workplace.
Employers must be prepared to investigate and deal with these concerns on a case-by-case basis. In addition to evaluating a worker's specific circumstances, employers should determine how measures and procedures in the existing workplace violence program could be used to support the development of reasonable precautions for the worker.
The general duties under the OHSA for employers [section 25], supervisors [section 27] and workers [section 28] continue to apply with respect to workplace violence [section 32.0.5]. For example, workers would be required to report actual or potential hazards in the workplace relating to workplace violence to their employer or supervisor.
Under the Occupational Health and Safety Act, an employer has a general duty to provide information, instruction and supervision to protect a worker [clause 25(2)(a)].
A supervisor has a duty to advise workers of any actual or potential occupational health and safety dangers of which the supervisor is aware [clause 27(2)(a)].
To protect workers, the employer must tailor the type and amount of information and instruction to the specific job and the associated risks of workplace violence.
Workers in jobs with a higher risk of violence may require more frequent or intensive instruction or specialized training.
An employer should identify what information, instruction or training is needed when a worker is hired. This should be done by taking into account hazards associated with each specific job as well as the measures and procedures that are in place.
Similarly, the employer should identify what information, instruction or training is needed when a worker changes jobs.
Workplace violence can be covered along with other occupational health and safety topics, including workplace harassment, or it can be covered separately. Employers should also identify how often instruction or training should be repeated.
This is addressed in more detail in the Ministry of Labour, Immigration, Training and Skills Development 's guideline: Understand the law on workplace violence and harassment.
A worker has the right to refuse work in certain circumstances if he or she has reason to believe that workplace violence is likely to endanger himself or herself. For further details on the work refusal process, refer to Part V — Right to refuse or to stop work where health and safety in danger of this guide.
More information and resources are available on the Ministry of Labour, Immigration, Training and Skills Development 's website on workplace violence and harassment.
Content last reviewed May 2019.
The Minister of Labour may approve all or part of a code of practice as a way to comply with any legal requirement imposed by the Occupational Health and Safety Act (OHSA) or a regulation under the Act and all or part of a code of practice may be subject to terms and conditions set out in the approval. The approval of a code of practice or withdrawal of approval of a code of practice shall be published in the Ontario Gazette.
Approval of a code of practice means that the Ministry will consider compliance with the code to be compliance with its corresponding legal requirement.
This does not mean that a failure to comply with an approved code will, in itself, be considered a breach of the legal requirement.
In this part of the guide, the term “toxic substance” is used to refer to a biological, chemical or physical agent (or a combination of such agents) whose presence or use (or intended use) in the workplace may endanger the health or safety of a worker. This part also describes additional regulatory requirements relating to hazardous materials and requirements related to hazardous physical agents.
Part IV of the Occupational Health and Safety Act (OHSA or “the Act”) deals with toxic substances and has two purposes: to ensure that worker exposure to toxic substances is controlled, and to ensure that toxic substances in the workplace are clearly identified and that workers receive enough information about them to be able to use, handle, store, and dispose of them safely.
The OHSA also sets out a process for the general public to access information about toxic substances used by regulated employers in their workplaces.
There are several ways that worker exposure to toxic substances can be controlled under the OHSA.
The OHSA enables the Lieutenant Governor in Council (LGIC) to prescribe a toxic substance as a “designated substance”, and to prohibit, regulate, restrict, limit or control its use, handling and removal in regulated workplaces.
Designation is typically reserved for substances known to be particularly hazardous to the health and safety of workers.
Eleven substances have been prescribed as designated substances in one regulation under the Act (O. Reg. 490/09, Designated Substances), including asbestos, lead, mercury and arsenic. The regulation prescribes the maximum amount of the designated substances that workers can be exposed to in a given time period and the ways to both control and assess the substances in the workplace. There is also a specific regulation relating to the designated substance asbestos on construction projects, buildings and repair operations (O. Reg. 278/05 - Designated Substance - Asbestos on Construction Projects and in Buildings and Repair Operations) as well as a guide to the regulation.
The OHSA enables the LGIC to regulate or prohibit the atmospheric conditions to which a worker may be exposed in the workplace. Regulation 833: Control of Exposure to Biological or Chemical Agents, Regulation 833, sets occupational exposure limits (OELs) for over 725 biological and chemical agents.
Where a Director of the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) is of the opinion that a toxic substance used or intended to be used in the workplace is likely to endanger the health and safety of a worker, section 33 of the OHSA requires the Director of the MLITSD to issue an order to the employer. The order must state that the use, intended use, presence or manner of use be prohibited, limited or restricted as specified, or subject to conditions regarding administrative control, work practices, engineering controls and time limits for compliance [subsection 33(1)]. Section 33 orders do not apply to designated substances [subsection 33(11)].
The employer must comply with the order.
The employer must also:
Yes. Within 14 days of the order being made the employer, a worker, or a trade union may appeal a s. 33 order by giving written notice to the Minister of Labour, Immigration, Training and Skills Development [subsection 33(4)].
The Minister may decide the appeal himself or herself or may appoint a person to determine the appeal on his or her behalf [subsection 33(5)]. There is no further appeal of this decision under the OHSA. The Minister or the appointed person has the power to suspend the operation of the order until a decision on the appeal has been made [subsection 33(9)]. He or she can also affirm or rescind the order of the Director or make a new order [subsection 33(7)].
The OHSA specifies the relevant factors the Director must consider when making an order under section 33 and by the Minister or person appointed by the Minister when determining an appeal [subsection 33(8)].
One of the three basic rights that the OHSA gives to all workers is the right to know about hazards they may be exposed to on the job. Compliance with the OHSA and WHMIS Regulation is necessary to fulfill the workers’ right to know about hazardous materials in the workplace. In 1988, the OHSA was amended as part of the Canada-wide implementation of the Workplace Hazardous Materials Information System (WHMIS),ensuring employers and workers receive consistent and comprehensive health and safety information about the hazardous products they may be exposed to at work.
The main purpose of the federal WHMIS legislation is to require suppliers of hazardous products that are intended for use, handling or storage in a workplace, to classify those products and provide health and safety information about them to their customers. The main purpose of provincial and territorial WHMIS legislation is generally to require employers to obtain health and safety information about hazardous products from their suppliers (labels and safety data sheets), and to use that information to provide worker education.
Canada has adopted international standards for classifying hazardous materials and providing information on labels and safety data sheets. These standards are part of the Globally Harmonized System for the Classification and Labelling of Chemicals (GHS) that was generally phased in across Canada. The original WHMIS requirements are generally referred to as WHMIS 1988 and the new ones are called WHMIS 2015.
Implementation of the system was generally phased in across Canada between February 2015 and December 2018. Amendments have been made to applicable sections of the Ontario Occupational Health and Safety Act and to Regulation 860: Workplace Hazardous Materials Information System (WHMIS) to transition to WHMIS 2015. Effective December 1, 2018, employers subject to Regulation 860 should be in compliance with WHMIS 2015.
Refer to the Ontario government website for an electronic copy of the regulation, Reg. 860: Workplace Hazardous Materials Information System (WHMIS).
While the OHSA uses the term “hazardous materials,” the term “hazardous products” is used in Regulation 860 (WHMIS) to align with language in the federal WHMIS legislation. Regulation 860 designates all hazardous products as hazardous materials for the purposes of the OHSA so that provisions in the OHSA related to “hazardous materials” apply.
In addition to general employer duties under the OHSA, an employer has specific duties in the OHSA relating to hazardous materials, including the duty to:
Prescribed information related to hazardous materials are set out in Regulation 860 (WHMIS), which includes more detailed requirements related to worker education, labelling and safety data sheets, among other things.
References to the WHMIS Regulation in this guide pertains to Ontario Regulation 860: Workplace Hazardous Materials Information System (WHMIS).
Employers are required to ensure that hazardous materials are not handled, used or stored at a workplace unless the prescribed requirements relating to identification, SDSs and worker instruction and training are met [subsection 37(3) of the OHSA].
Where an employer is unable to obtain a required label or SDS after making reasonable efforts to do so, he or she is required to notify a Director of the MLITSD, in writing [subsection 37(4) of the OHSA].
In general, the WHMIS Regulation applies to hazardous products at a workplace and does not include hazardous products being transported or handled according to the requirements in the Dangerous Goods Transportation Act (Ontario) or the federal Transportation of Dangerous Goods Act, 1992. If a hazardous product is repackaged (assembled, labelled or re-labelled), processed or used, WHMIS requirements may apply. For further details, refer to the relevant legislation.
The employer must ensure that all hazardous materials in the workplace are identified in the prescribed manner and must obtain or prepare, as prescribed, a current SDS for all hazardous materials present in the workplace [clauses 37(1)(a) and (b) of the OHSA].
The employer shall ensure that the SDS is in English and any other prescribed languages [clause 37(1)(c) of the OHSA].
No one is permitted to remove or deface the identification of a hazardous material, including a label or a safety data sheet [subsection 37(1) of the OHSA].
An employer must make certain that a hazardous material is not used, handled or stored at a workplace unless the prescribed requirements regarding identification, SDSs and worker instruction and training are met [subsection 37(3), of the OHSA].
In many situations, the supplier label is the worker’s first warning on a hazardous product. Employers who buy the hazardous product should understand the obligations of suppliers who sell it to them. Under WHMIS, employers must ensure that hazardous products received from suppliers are labelled with supplier labels and employers must obtain the supplier SDS.
Suppliers must also provide new data about hazardous products to employers in certain circumstances. Where an employer receives such new data, the employer must, as soon as practicable, attach the new information to every relevant supplier label and update the supplier SDS [subsections 8(5) and 17(2), WHMIS Regulation]. Supplier labels and supplier SDS must also be in English and French, separately or together.
The employer has a duty to either obtain or prepare current SDSs for all hazardous materials present in the workplace [clause 37(1)(b)].
The employer is required to update the SDS as soon as it is practicable, but not later than 90 days after significant new data about the hazardous product becomes available to the employer [subsection 18(3), WHMIS Regulation].
The employer may store hazardous product received from a supplier without a label, without obtaining a supplier SDS, and without conducting a program of worker education about it, only while the employer is actively seeking the supplier label and SDS from the supplier for the hazardous product [subsection 5(1), WHMIS Regulation]. This is not intended to be a method allowing for permanent storage without proper labelling, etc.
The employer may also store employer-produced hazardous products without applying a label or using other identification, without an SDS and without conducting a program of worker education while the employer is actively seeking information required to produce the workplace label and an SDS [subsection 5(2), WHMIS Regulation]. If, after making reasonable efforts, the employer is unable to obtain an SDS or label, the employer must notify a Director of the MLITSD in writing [subsection 37(4) of the OHSA].
Similar to requirements for the label, where the employer produces the hazardous product at the workplace, the employer is required to prepare an SDS that meets the federal WHMIS requirements under the Canadian Hazardous Products Regulations for an SDS [subsection 18(1), WHMIS Regulation].
Upon request of the parties noted below, an employer who produces a hazardous product in a workplace is required to disclose as quickly as possible under the circumstances, the source of any toxicological data used by the employer to prepare an SDS. The parties that can request the employer to disclose the source of toxicological data include an inspector, a worker at the workplace, a member of the JHSC, a health and safety representative or, where there is no JHSC or health and safety representative, a worker representative [section 25, WHMIS Regulation].The employer may withhold confidential business information (e.g. a valid trade secret) in certain circumstances.
For the purposes of clause 25 (2) (b) of the OHSA, in a medical emergency, an employer is required to provide information, including confidential business information, upon request, to a medical professional for the purpose of diagnosis or treatment [section 24, WHMIS Regulation].
No workplace label, identification or SDS is required for a fugitive emission, or for a hazardous product that exists only as an intermediate and undergoes further reaction within a process or reaction vessel, e.g., a volatile organic compound such as benzene at a chemical plant escaping due to leakage from a valve [subsection 1(2), WHMIS Regulation].).
The employer is required to make copies of current SDSs available to:
Employers must also make a copy of SDSs readily available to those workers that may be exposed to the hazardous material to which the SDS relates [subsection 38(1)]. An electronic version of an SDS is considered a copy [subsection 38].
Wider distribution of safety data sheets is discussed later in this chapter, in the section “Public access to Safety Data Sheets.”
The employer is permitted to make safety data sheets (SDSs) available to workers by means of a computer terminal, if the employer,
The employer has a specific duty to provide prescribed instruction and training to workers who are exposed or likely to be exposed to a hazardous material or hazardous physical agent on the job [subsection 42(1) of the OHSA]. Employers are further required to ensure that workers participate in any prescribed instruction/training. This is in addition to the general employer duty to provide information, instruction and supervision to workers to protect their health and safety in clause 25(2)(a) of the OHSA.
In addition, the employer must consult the JHSC, or health and safety representative, if any, in developing and implementing prescribed instruction and training for workers exposed or likely to be exposed to a hazardous material or hazardous physical agent. [subsection 42(2) of the OHSA].
The employer must inform the workers who work with or who may be exposed in the course of his or her work to a hazardous product received from a supplier about all the hazard information received from the supplier about the hazardous product, as well as further hazard information that the employer is aware of or ought to be aware of regarding the storage, use and handling of the product [subsection 6(1), WHMIS Regulation]. In general, this refers to the information provided on supplier labels and safety data sheets, but it can also include other information such as letters from the supplier in response to inquiries from the employer.
If the employer produces the hazardous product in the workplace, the employer must inform the workers who work with or who may be exposed in the course of their work to the hazardous product about all hazard information of which the employer is aware, or ought to be aware regarding its storage, use and handling [subsection 6(2), WHMIS Regulation ].
Information that employers may wish to consider include:
Employers must ensure that workers who work with or who may be exposed in the course of their work to a hazardous product are instructed in the following areas [subsection 7(1), WHMIS Regulation]:
The employer must ensure that the program of worker education is developed and implemented for the employer’s workplace and is related to any other training, instruction and prevention programs at the workplace [subsection 7(2), WHMIS Regulation].
An employer shall ensure, so far as is reasonably practicable, that the program of worker instruction required by subsection 7(1) results in the workers being able to use the information to protect their health and safety [subsection 7(3), WHMIS Regulation].
The OHSA requires that, in prescribed circumstances, an employer assess all biological and chemical agents produced in the workplace for use in it, to determine if the agents are hazardous materials. This assessment must be in writing. A copy of the assessment must be made available in the workplace to allow examination by workers and provided to the JHSC or health and safety representative, if any, or to a worker selected by the workers to represent them if there is no JHSC or health and safety representative [section 39 of the OHSA].
The OHSA provides for the distribution of SDSs outside the workplace in certain circumstances. Specifically, upon request or where prescribed, the employer must provide the SDS to the following:
It is through the medical officer of health that the public has access to SDSs. Upon request by any person, the medical officer of health must ask an employer to provide a copy of a current SDS or must make available a copy of any SDS requested by the person in the medical officer of health’s possession [subsections 38(2) and (3)].
The medical officer of health is prohibited from disclosing the name of any person asking to see an SDS as described above [subsection 38(4)].
The Occupational Health and Safety Act (OHSA or “the Act”) provides protection for certain types of confidential business information that are prescribed by regulation. Employers may file a claim for an exemption from disclosing information that is normally required on a label or SDS or the name of a toxicological study that was used by the employer to prepare a SDS on the basis that it is confidential business information [subsection 40(1), OHSA]. An employer that claims an exemption for confidential business information will have the claim determined by Health Canada, according to procedures set out in the federal HMIRA (Hazardous Materials Information Review Act) [subsection 40(3), OHSA]. Where a claim is successful, an employer is not required to disclose the confidential business information on a label or SDS but must include certain information about the exemption instead [sections 20 and 21, WHMIS Regulation]. The WHMIS Regulation sets out types of information for which an employer may claim an exemption [section 19, WHMIS Regulation].
A form for the request of an exemption can be obtained by sending an email to the following address:
hc.whmis.claim-demande.simdut.sc@canada.ca.
Details regarding confidential business information and the application process is on the Government of Canada website.
MLTSD is responsible for enforcement of both the federal and Ontario WHMIS legislation. This is done so that employers and suppliers will not be subject to inspections by both federal and provincial inspectors. It means that MLTSD inspectors monitor compliance with the federal Hazardous Products Act (HPA), the Hazardous Products Regulations (HPR), as well as the OHSA, and the WHMIS Regulation.
Physical agents include noise, heat, cold, vibration and radiation. Hazardous physical agents are covered by the OHSA [section 41] and in circumstances where there are no specific requirements that address the use of potentially hazardous physical agents in the workplace, employers must take every precaution reasonable in the circumstances for the protection of workers [clause 25(2)(h)], in addition to other duties in the OHSA.
Content last reviewed May 2019.
The Occupational Health and Safety Act (OHSA) gives a worker the right to refuse work that he or she believes is unsafe to himself/ herself or another worker. A worker who believes that he or she is endangered by workplace violence may also refuse work.
The Act sets out a specific procedure that must be followed in any work refusal. It is important that workers, employers, supervisors, members of joint health and safety committees (JHSCs) and health and safety representatives understand the procedure for a lawful work refusal.
* Pending the MLITSD investigation:
The right to refuse unsafe work applies to all workers other than specified types of workers in specified circumstances. For further information, please refer to subsections 43(1) and (2) of the Act.
In specified circumstances, the right to refuse unsafe work is limited for:
A worker can refuse to work if he or she has reason to believe that:
The worker must immediately tell the supervisor or employer that the work is being refused and explain the circumstances for the refusal [subsection 43(4)].
The supervisor or employer must investigate the situation immediately, in the presence of the worker and one of the following:
The refusing worker must remain in a safe place that is as near as reasonably possible to his or her workstation, and remain available to the employer or supervisor for the purposes of the investigation, until the investigation is completed [subsection 43(5)]. Although not stated as such in the Act, this interval is informally known as the "first stage" of a work refusal. If the situation is resolved at this point, the worker will return to work.
The worker can continue to refuse the work if he or she has reasonable grounds for believing that the circumstances that caused the worker to initially refuse work continue [subsection 43(6)]. At this point, the "second stage" of a work refusal begins.
If the worker continues to refuse to work after the completion of the employer's investigation, the worker, the employer or someone acting on behalf of either the worker or employer must notify a Ministry of Labour, Immigration, Training and Skills Development inspector. The inspector will come to the workplace to investigate the refusal in consultation with the worker and the employer (or a representative of the employer). If there is a joint health and safety committee member, a worker health and safety representative or a worker selected by the worker's trade union or, if there is no trade union, by the workers to represent the worker, they will also be consulted as part of the inspector's investigation [subsection 43(7)].
While waiting for the inspector's investigation to be completed, the worker must remain in a safe place that is as near as reasonably possible to his or her workstation and available to the inspector for the purposes of the investigation, unless the employer assigns some other reasonable alternative work during normal working hours or gives other directions to the worker where an assignment of reasonable alternative work is not practicable [subsections 43(10) and (10.1)].
The inspector must decide whether the circumstance(s) that led to the work refusal is likely to endanger the worker (or another person). The inspector's decision must be given, in writing, to the worker, the employer, and the worker representative, if there is one. If the inspector finds that the circumstance is not likely to endanger anyone, the refusing worker is expected to return to work. If the inspector finds that the circumstance(s) is likely to endanger the worker or another person, the inspector will typically order the employer to remedy the hazard.
Yes. While waiting for the inspector to investigate and give a decision on the refusal, the employer or supervisor can ask another worker to do the work that was refused. The second worker must be told that the work was refused and why. This must be done in the presence of a committee member who represents workers, or a health and safety representative, or a worker representative chosen because of knowledge, experience and training [subsections 43(11) and (12)].
The second worker has the same right to refuse the work as the first worker.
The Ministry is of the view that the worker is at work during the first stage of a work refusal and is entitled to be paid at his or her appropriate rate.
A person acting as a worker representative during a work refusal is paid at either the regular or the premium rate, whichever is applicable [subsection 43(13)].
No. The employer is expressly prohibited from penalizing, dismissing, disciplining, suspending or threatening to do any of these things to a worker who has obeyed or sought enforcement of the OHSA [subsection 50(1)]. Please see Part VI of this guide – Reprisals by the employer prohibited – for more information.
The Occupational Health and Safety Act permits specified persons to stop work in "dangerous circumstances".
In most cases, it takes both worker and management certified joint health and safety committee members to direct an employer to stop dangerous work (joint stoppage). One must be a certified member representing workers; the other, a certified member representing the employer. In some special cases, a single certified member may have this right. This chapter explains how and when work can be stopped.
Work can be stopped only in "dangerous circumstances" [subsection 44(1)].
This means a situation in which all of the following apply:
The right to stop work in dangerous circumstances does not apply to workplaces in which police and, firefighters are employed or to correctional institutions [clause 44(2)(a)] or to workplaces in which specified types of health workers are employed and where the work stoppage would directly endanger the life, health or safety of another person [clause 44(2)(b)].
If a certified member of the joint health and safety committee has reason to believe that "dangerous circumstances" exist, he or she may ask a supervisor to investigate. The supervisor must do so promptly and in the presence of the certified member who made the request. This certified member may be one representing either the workers or the employer [subsection 45(1)].
If the certified member believes that dangerous circumstances still exist after the conclusion of the supervisor's investigation and any remedial action taken, he or she may ask another certified member (who represents the other workplace party) to investigate [subsection 45(2)]. The second certified member must do so promptly and in the presence of the first certified member [subsection 45(3)].
The second certified member must represent the other workplace party. For example, if the first certified member represents workers, the second must represent the employer.
In prescribed instances, a certified member who represents the constructor or employer but who is not available at the workplace, may designate another person to act for him or her in a work stoppage under section 45 [subsection 45(9)].
The certified members can direct the employer to stop the work or to stop using any part of the workplace or any equipment, machinery, tools, etc. [subsection 45(4)].
The employer must comply with this direction immediately and must ensure that compliance is achieved in a way that does not endanger anyone [subsection 45(5)].
After taking steps to remedy the dangerous circumstances, the employer may request the certified members of the joint health and safety committee who issued the stop work direction, or a Ministry of Labour, Immigration, Training and Skills Development inspector, to cancel it [subsection 45(7)]. Only the certified members who issued the direction or a Ministry of Labour, Immigration, Training and Skills Development inspector may cancel it [subsection 45(8)].
If the certified members disagree, either member may ask a ministry inspector to investigate. The Act requires the inspector to investigate and provide both certified members with his or her written decision [subsection 45(6)].
If any certified member in the workplace, or a Ministry of Labour, Immigration, Training and Skills Development inspector has reason to believe that the procedure for joint stoppage of work will not be sufficient to protect the workers from serious risk to their health or safety, he or she may apply to the Ontario Labour Relations Board (OLRB) for a specified declaration or recommendation against the employer [subsection 46(1)], which are described in greater detail below.
In this type of application, the OLRB, using prescribed criteria, must determine if the employer has failed to protect the health and safety of workers. The criteria to be used by the OLRB are prescribed in the O. Reg. 243/95, Criteria To Be Used And Other Matters To Be Considered By The Board Under Subsection 46 (6) of Act [subsection 46(6)].
If the OLRB finds that the procedure for joint stoppage of work is not sufficient to protect the workers, it may do one or both of the following:
The decision of the OLRB on an application is final [subsection 46(7)].
This procedure applies to a constructor or employer against whom the OLRB has issued a declaration under section 46 of the Act. It also applies to an employer who has advised the joint health and safety committee, in writing, that he or she voluntarily adopts the following procedure [subsection 47(1)].
If a certified member finds that dangerous circumstances exist, he or she can direct the employer to stop work or to stop using any part of the workplace or any equipment, machinery, tools, etc. [subsection 47(2)].
The employer must comply immediately and must achieve compliance in a way that does not endanger anyone [subsection 47(3)].
After stopping the work, the constructor or employer must promptly investigate in the presence of the certified member [subsection 47(4)].
After taking steps to remedy the dangerous circumstances, the employer can ask the certified member, or an inspector, to cancel the direction [subsection 47(6)]. The certified member, who made the direction or an inspector may cancel it [subsection 47(7)].
A certified member who receives a complaint that dangerous circumstances exist is entitled to investigate the complaint and to be paid for the time spent in exercising powers and performing duties during work stoppages.
Where a constructor, employer, worker in the workplace or representative of a trade union in the workplace has reasonable grounds to believe that the certified member recklessly or in bad faith exercised, or failed to exercise powers under section 45 or section 47 to stop work in dangerous circumstances, he or she may file a complaint with the OLRB The complaint must be filed within 30 days of the event to which the complaint relates. The Minister may be a party to these proceedings before the OLRB.
The Board is required to make a decision in respect of the complaint and may make any order that it considers appropriate (including the decertification of a certified member.)
The decision of the OLRB is final.
The Occupational Health and Safety Act (OHSA) prohibits employers from penalizing workers in reprisal for obeying the law or exercising their rights.
Under section 50 of the OHSA, an employer cannot
because a worker has
A worker also cannot be penalized for
A worker who believes that the employer has reprised against him or her may file a complaint with the Ontario Labour Relations Board (OLRB). A unionized worker may choose to ask the union to file a grievance under the collective agreement or to seek its help in filing a complaint directly on the worker’s behalf with the OLRB.
Alternatively, a worker claiming to have been fired in an OHSA-related reprisal may consent to having a Ministry of Labour inspector refer the reprisal allegation to the OLRB, if
The inspector will also provide copies of the referral to the employer, trade union (if any) and other organizations affected by the alleged reprisal. However, the Ministry of Labour will not act as the worker’s representative.
The Ministry of Labour, Immigration, Training and Skills Development will also investigate the health and safety concerns related to a reprisal complaint or referral.
The OLRB can look into a worker’s complaint or a referral from the Ministry of Labour, Immigration, Training and Skills Development and try to mediate a settlement between the workplace parties. If a settlement cannot be reached, the OLRB may hold a consultation or hearing. The OLRB may make orders to
The OLRB will provide forms for filing reprisal complaints.
The Office of the Worker Adviser (OWA) or the Toronto Workers’ Health & Safety Legal Clinic can provide workers with free advice on filing complaints and representation at mediations and hearings before the OLRB.
If there is an allegation of reprisal before the OLRB, it’s up to the employer to refute it. The Office of the Employer Adviser (OEA) can provide free assistance and representation at mediations and hearings before the OLRB to employers with fewer than 50 employees. Also, employers can contact the Law Society of Upper Canada, which will put them in touch with a lawyer who may provide a free initial consultation.
For information resources related to reprisals refer to Appendix C.
For detailed information regarding notices and prescribed information that may apply to your workplace, and to submit a report or notice, refer to the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) website, titled “Reporting Workplace Incidents or Structural Hazards”.
If a person, whether a worker or other person, has been critically injured or killed at the workplace, the employer and constructor, if any, must immediately notify, by telephone or other direct means:
Within 48 hours, the employer must also send a written report to a Director of the Ministry, setting out the circumstances of the occurrence containing the information and particulars (or details) that may be prescribed [subsection 51(1)]. Please consult the applicable sector regulation to determine what information is required.
Self-employed people are required to notify a Director of the MLITSD , in writing, if they sustain an occupational injury or illness.
If an accident, explosion, fire or incident of workplace violence occurs at the workplace, and as a result, a person needs medical attention or is disabled from doing his or her usual work, but no one dies or is critically injured as a result of the occurrence, the employer must:
If the injury took place on a construction project or at a mine or mining plant, additional notification rules may apply depending on the type of event.
Depending on the workplace, you may be required to keep a record of the incident in your permanent records.
If an employer is informed that a worker has an occupational illness or that a claim for an occupational illness has been filed with the Workplace Safety and Insurance Board (WSIB) in respect of an occupational illness, the employer must:
When specified incidents occur, such as an accident, premature or unexpected explosion, fire, flood, or inrush of water, failure of any equipment, machine, device, article or thing, a cave-in, subsidence or rockburst, the constructor of a project or the employer of a worker who works in a mine or plant or certain persons prescribed for prescribed locations, are required to provide written notice of the occurrence, containing prescribed information and particulars to a Director of the MLITSD , unless a report under section 51 or a notice under section 52 has already been given to a Director, the JHSC (or health and safety representative) and the trade union, if any, within two days. The notice must contain any prescribed information [section 53]. An example of an accident or unexpected event in this situation could be an explosion that occurred in which no one was injured.
Employers who do not own the workplace, i.e., those who lease or rent the workplace from an owner, are required to notify a Director of the MLITSD if a JHSC or a health and safety representative, if any, has identified potential structural inadequacies of a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, as a source of danger or hazard to workers [clause 25(2)(n) and subsection 25(5)].
A structural inadequacy could be an issue with part of the workplace building or structure that may be faulty and/or unsafe due to:
This could include the building or any other part of the workplace, whether temporary or permanent.
In addition to notice requirements in sections 51, 52 and 53, the regulations may specify additional notice requirements that must be met in the circumstances described in those sections, including specifying who is required to provide the notice, the timeframe in which it shall be provided and any other information and particulars it must contain [section 53.1].
In prescribed circumstances, a constructor may also be required to give written notice to the MLITSD, containing prescribed information, before work begins on a project [subsection 23(2)].
Content last reviewed May 2019.
Where workplace parties do not voluntarily comply with the Occupational Health and Safety Act (OHSA) and regulations, the Ministry may exercise its administrative and/or regulatory enforcement powers. Enforcement may include the issuance of requirements or orders against the non-compliant workplace party and where appropriate may result in a regulatory prosecution under the Provincial Offences Act (POA).
Ministry of Labour, Immigration, Training and Skills Development health and safety inspectors are typically appointed as Provincial Offences Officers under the POA. Their powers include the following:
A prosecution may be initiated when the inspector has reasonable and probable grounds to believe that a workplace party has committed an offence. This means that prosecutions may be commenced against any workplace party who commits an offence.
Workplace inspections are carried out by Ministry of Labour, Immigration, Training and Skills Development health and safety inspectors to ensure compliance with the Occupational Health and Safety Act and regulations and to ensure that the internal responsibility system is working. During inspections, inspectors may provide workplace parties with compliance assistance, such as referring them to the relevant health and safety association for information about specific areas of occupational health and safety.
It depends on a variety of factors, such as the type of workplace, its size and its past health and safety record. Inspections may also be conducted in response to a specific complaint about a workplace. In the case of a complaint, the Ministry does not disclose any information about the identity of the complainant.
The inspection involves a thorough examination of the physical condition of the workplace by the inspector, who is usually accompanied by both employer and worker health and safety representatives or members of the joint health and safety committee.
The inspector has various powers, including the authority to:
It is important to note that an inspector may only enter a private dwelling or part of a dwelling that is actually being used as a workplace with the consent of the occupier or under the authority of a warrant issued by a court under the OHSA or the Provincial Offences Act.
In addition to persons selected by the employer, the employer has a duty to afford a worker representative the opportunity to accompany the inspector during an inspection. This person may be a worker member of the joint health and safety committee, a health and safety representative, or another knowledgeable and experienced worker (selected by the union, if there is one) [subsection 54(3)]. This worker is considered to be at work during the inspection and must be paid at the applicable rate of pay.
If there is no such worker representative, during the inspection the inspector must endeavour to talk to a reasonable number of workers about their health and safety concerns during the inspection [subsection 54(4)].
The inspector may also be accompanied by a person with special, expert or professional knowledge. For example, an inspector may bring an engineer into a workplace to test machinery for purposes of operator safety [clause 54(1)(g)].
The Act prohibits any person from obstructing, hindering, molesting or interfering with an inspector or attempting to do so while the inspector is exercising powers or performing duties under the Act,[subsection 62(1)]. Moreover, the Act requires every person to assist an inspector in the exercise of his or her powers and duties and in the execution of a search warrant.
It is an offence to interfere in any way with an inspector. This includes giving false information, failing to give required information or interfering with any monitoring equipment left in the workplace.
The inspector may issue written orders to comply with the law within a certain time period when contraventions of the law are found. Where there is an immediate risk of worker injury, an inspector will issue a “stop work” order to stop work until the hazard is addressed. An inspector's order can require the employer to submit a plan to the ministry, specifying when and how the order will be complied with. An inspector may also make written observations for improved health and safety practices.
Where an order has been issued to correct a contravention of the Act or regulations, and the contravention in question is dangerous to the health or safety of a worker, the inspector may also order that:
Where the inspector has stopped work, the employer may resume work, or the use of any equipment, machinery, etc., before a further inspection under the following two conditions:
If an inspector has issued an order to an employer to remedy a contravention of the Act or regulations, the employer must send written notification to the Ministry within three days of when the employer believes the order has been complied with [subsection 59(1)].
This notice must be signed by the employer. It must also be accompanied by a signed statement from a worker member of the joint health and safety committee or a health and safety representative, indicating that he or she agrees or disagrees with the employer's notice of compliance with the order or a statement indicating that the member or representative has declined to sign the statement [clauses 59(2)(a) and (b)].
The joint health and safety committee member or representative can decline to sign such a statement. One reason might be that the member or representative may feel that he or she cannot properly evaluate the employer's compliance with the order. In such a case, the employer must submit, along with the compliance notification, a statement that the member or representative declined to sign the statement of agreement or disagreement [clause 59(2)(b)].
The employer must post copies of both the notice of compliance and the original order in a place where they are most likely to be seen by workers. The notice must be posted for 14 days following its submission to the Ministry [subsection 59(3)].
The employer's notice of compliance to the Ministry of Labour, Immigration, Training and Skills Development does not mean that compliance with an order has been achieved. Compliance with an order can be determined only by a Ministry inspector [subsection 59(4)].
When an inspector issues an order or a report of the inspection, a copy of the order or report must be posted in the workplace, where it is most likely to be seen by the workers. A copy must also be given to either the joint health and safety committee or the health and safety representative [subsection 57(10)]. Where the order resulted from a complaint regarding a contravention and the complainant requests a copy, the inspector must ensure that a copy is provided to that person.
Yes, any employer, constructor, licensee, owner, worker or union who is aggrieved by an inspector's order can appeal to the Ontario Labour Relations Board (OLRB) within 30 days of the order being issued [subsection 61(1)]. The party appealing can also ask the OLRB to suspend the order until the appeal has been decided. If an inspector decides not to issue an order, that decision can also be appealed [subsection 61(5)].
The OLRB will hear and make a decision on the appeal as promptly as possible under the circumstances.
In making a decision, the OLRB has all the powers of an inspector and can uphold the order of the inspector, rescind it or issue a new order. The decision of the OLRB is final.
If a person is critically injured or killed at a workplace, no person can alter the scene where the injury occurred in any way without the permission of an inspector.
This does not apply if it is necessary to disturb the scene in order to:
The ministry may initiate a prosecution against any person for a contravention of the act or the regulations, or for failing to comply with an order or requirement of an inspector or a director, or an order from the minister (OHSA section 66). These prosecutions are conducted by the Ministry of the Attorney General lawyers or paralegals on behalf of the Ministry of Labour, Immigration, Training and Skills Development.
A person who is convicted of an offence under the OHSA may be subject to:
If a corporation is convicted of an offence under the OHSA for a second or subsequent offence that results in the death or serious injury of one or more workers in a two-year period, the minimum fine is $500,000.
Court Bulletins reporting on some Occupational Health and Safety Act conviction outcomes can be viewed on the Government of Ontario website.
The Occupational Health and Safety Act gives the Lieutenant Governor in Council broad powers to make regulations under the Act. The regulations relate to a range of subjects including, for example, specific requirements for specific types of workplaces (industrial establishments, construction sites, mines and health care facilities, farming operations), designated substances, and workplace hazardous materials.
Please note that in order to determine which regulatory requirements are applicable to you and your workplace, it is recommended that you check the e-Laws website.
A policy statement by the employer is an effective way to communicate the organization's commitment to worker health and safety. Senior management attitudes, relationships between employers and workers, community interests and technology all combine to play a part in determining how health and safety are viewed and addressed in the workplace.
Workplaces with exceptional health and safety records have established a clear line of responsibility for correcting health and safety concerns. This action enhances working relationships between employers and workers.
Under the Occupational Health and Safety Act, an employer must prepare and review at least annually a written occupational health and safety policy, and must develop and maintain a program to implement that policy [clause 25(2)(j)].
A clear, concise policy statement should reflect management's commitment, support and attitude to the health and safety program for the protection of workers. This statement should be signed by the employer and the highest level of management at the workplace, thus indicating employer and senior management commitment.
An example of a health and safety policy follows:
The employer and senior management of [insert name of business] are vitally interested in the health and safety of its workers. Protection of workers from injury or occupational disease is a major continuing objective.
[insert name of business] will make every effort to provide a safe, healthy work environment. All employers, supervisors and workers must be dedicated to the continuing objective of reducing risk of injury.
[insert name of business], as employer, is ultimately responsible for worker health and safety. As president [or owner/operator, chairperson, chief executive officer, etc.] of [insert name of business], I give you my personal commitment that I will comply with my duties under the Act, such as taking every reasonable precaution for the protection of workers in the workplace.
Supervisors will be held accountable for the health and safety of workers under their supervision. Supervisors are subject to various duties in the workplace, including the duty to ensure that machinery and equipment are safe and that workers work in compliance with established safe work practices and procedures.
Every worker must protect their own health and safety by working in compliance with the law and with safe work practices and procedures established by the employer. Workers will receive information, training and competent supervision in their specific work tasks to protect their health and safety.
It is in the best interest of all parties to consider health and safety in every activity. Commitment to health and safety must form an integral part of this organization, from the president to the workers.
Signed: [name]
Note: A workplace violence policy and a workplace harassment policy are required of all workplaces covered by Ontario's Occupational Health and Safety Act. Sample policies are available in the Ministry of Labour, Immigration, Training and Skills Development's Understand the law on workplace violence and harassment, available from ServiceOntario publications and on the Ministry of Labour, Immigration, Training and Skills Development internet website.
In addition to preparing a health and safety policy like the one above, the employer must also have a program in place to implement that policy. This program will vary, depending upon the hazards encountered in a particular workplace. Program elements may include all or some of the following:
Please note that this is not a comprehensive list of program elements.
If there is an emergency occurring in your workplace, call 911 immediately.
To report critical injuries, fatalities, work refusals, health and safety complaints, or suspected unsafe work practices:
Note that general inquiries about workplace health and safety are responded to from 8:30 a.m. – 5:00 p.m., Monday – Friday.
Central Region West includes York, Peel, Dufferin and Simcoe
Central Region East includes Toronto and Durham
Western Region includes the following counties: Brant, Bruce, Elgin, Essex, Grey, Haldimand-Norfolk, Halton, Hamilton-Wentworth, Huron, Kent, Lambton, Middlesex, Niagara, Oxford, Perth, Waterloo and Wellington
Northern Region includes the following counties: Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming
Eastern Region includes the following counties: Frontenac, Haliburton, Hastings, Lanark, Leeds & Grenville, Lennox & Addington, Muskoka, Northumberland, Ottawa-Carleton, Peterborough, Prescott & Russell, Prince Edward, Renfrew, Stormont Dundas & Glengarry and Victoria
All calls relating to employment standards (i.e., hours or work, overtime, public holidays, vacation, leaves of absence, termination, etc.) should be directed to:
The Ontario Ministry of Labour, Immigration, Training and Skills Development sets, communicates and enforces workplace standards related to occupational health and safety, employment rights and responsibilities, and labour relations. When workers allege that their employer has penalized them for exercising their rights and responsibilities under the Occupational Health and Safety Act (OHSA), inspectors
If a worker has been fired, inspectors may — with the worker's consent — refer the worker's description of the alleged reprisal to the Ontario Labour Relations Board (OLRB) and provide copies of the referral to the employer, the trade union (if any), and to any other organization affected by the alleged reprisal.
Health & Safety Contact Centre
1-877-202-0008 (toll-free)
The Ontario Labour Relations Board (OLRB) is an independent, quasi-judicial tribunal that mediates and adjudicates employment and labour relations matters under Ontario statutes. Workers who believe their employer has penalized them because they have exercised their rights and responsibilities under the OHSA can file a complaint with the OLRB. There is no fee for this. Unions may file a grievance on behalf of members under the collective agreement or help member workers complain directly to the OLRB.
The Office of the Worker Adviser (OWA) is an independent agency of the Ontario Ministry of Labour, Immigration, Training and Skills Development. The OWA provides free advice and assistance to non-union workers who have experienced reprisal under the OHSA. OWA staff can file applications to the OLRB and provide representation to workers at mediations and hearings.
The Toronto Workers' Health & Safety Legal Clinic provides free information, legal advice and representation to low-income workers who face health and safety problems at work, including those who have been penalized for raising health and safety concerns.
The Office of the Employer Adviser (OEA) is an independent agency of the Ontario Ministry of Labour, Immigration, Training and Skills Development. The OEA provides free education, advice and representation to employers with fewer than 50 employees in responding to allegations of reprisal brought to the OLRB.
The Law Society of Ontario has several services for finding professional legal help. The society can refer callers to a lawyer who may provide a free initial consultation.