Part I: Application
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.
Work and workplaces not covered
The Occupational Health and Safety Act (OHSA or "the Act") does not apply to:
- work done by the owner or occupant, or a servant of the owner or occupant, in a private residence or in the lands and appurtenances used in connection with the private residence [subsection 3(1)], and
- workplaces under federal jurisdiction, such as:
- post offices
- airlines and airports
- banks
- some grain elevators
- telecommunication companies
- interprovincial trucking, shipping, railway and bus companies.
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.
Does the Act apply to farms?
The OHSA applies with some limitations and exceptions, to all farming operations.
It does not apply to farms operated by a self-employed person without any workers, such as a family farm run by a couple with no other workers.
An electronic version of the regulation is available on the Ontario government website for O. Reg.414/05: Farming Operations.
Other regulations under the OHSA that apply to farming operations where the Act applies include O. Reg. 420/21: Notices and Reports under Sections 51 to 53.1 of the Act – Fatalities, Critical Injuries, Occupational illnesses and other incidents; O. Reg. 297/13: Occupational Health and Safety Awareness Training; O. Reg. 559/22: Naloxone Kits; and O. Reg. 381/15: Noise. 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.
Does the Act apply to teachers?
The OHSA applies, with some prescribed limitations and conditions found in O. Reg. 857: Teachers. The regulation includes the following:
- the Act applies to all persons who are employed as teachers as defined in the Education Act
- the following conditions and limitations apply to the application of the OHSA to teachers:
- a Principal and Vice-Principal or a teacher appointed by the employer to direct and supervise a school, or an organizational unit of a school, is a person who has charge of a school or authority over a teacher and exercises managerial functions — as such the Act's supervisor duties apply;
- if an employer of teachers establishes and maintains one joint health and safety committee (JHSC) for all of its teachers, that employer is deemed to be in compliance with subsection 9 (2) of the Act for its teachers (an employer may establish more than one teacher JHSC);
- the right to refuse work (Part V – OHSA) does not apply to teachers if circumstances are such that the life, health or safety of a pupil is in imminent jeopardy.
For further information on work refusals in the education sector, refer to Part V — Work Refusals, of this guide. For the official legal requirements, refer to the Ontario government website for Reg. 857: Teachers. In addition, the following is a link to the Education Act for reference.
Does the Act apply to the self-employed person?
Specific provisions in the OHSA, such as those relating to specific employer duties, hazardous materials, notification, and enforcement, apply with necessary modifications to self-employed persons.
If you still are not sure if the Act applies to you or your workplace
If there is any question about whether the OHSA applies to you or your workplace, you may consider calling 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.