1. Effective date: October 17, 2018 (Reviewed 2023)

  2. Original date: January 1, 1991

  3. Last revised date: October 17, 2018

Policy Statement

  1. The Ontario Public Service (OPS) is committed to the health and safety of its employees. The policy of the OPS is to protect and promote employee health and safety, and to take every reasonable precaution in the circumstances to provide workplaces that are safe, healthy and free from harassment and violence.

Purpose

    1. The purpose of this policy is to:
      • establish an enterprise framework for occupational health and safety for the OPS by providing strategic direction.
      • provide direction to ministries and Commission public bodies regarding compliance with statutory requirements for occupational health and safety.
    2. This policy is a requirement under section 25(2)(j) of the Occupational Health and Safety Act (OHSA).

Application and Scope

    1. This policy applies to all:
      • ministries and Commission public bodies (CPBs)
      • deputy ministers and chairs of CPBs
      • public servants appointed under Part III of the Public Service of Ontario Act, 2006 (PSOA).
    2. This policy upholds and must be applied in accordance with the Occupational Health and Safety Act (OHSA) and regulations, Workplace Safety and Insurance Act, Reg. 1101 First Aid Requirements, Smoke-Free Ontario Act, Ontario Fire Code, Building Code Act, Fire Protection and Prevention Act, and other applicable legislation, directives, policies and collective agreements.

Principles

    1. Every employee has the right to work in a safe and healthy workplace.
    2. Healthy and safe workplaces contribute to high productivity and employee engagement.
    3. Cooperation between the employer, employees and bargaining agents is important in maintaining safe and healthy workplaces.
    4. Workplace parties must have the appropriate information and instruction to fulfill their obligations under statute and policy.
    5. While disabilities will be accommodated up to the point of undue hardship, all workplace parties must be fit for work, recognizing that impairment (e.g. due to substance use) can pose health and safety hazards in the workplace.
    6. The prevention of accidents, injuries and occupational illnesses is an integral part of every workplace activity.

Mandatory Requirements

    1. Every deputy minister and chair/prescribed Public Service Commission (PSC) official of a Commission public body must ensure compliance with OHSA and its regulations including fulfilling the duties of an employer, owner and constructor as defined in the legislation.
      • Ministries and Commission public bodies must ensure an occupational health and safety program is maintained to support the implementation of this policy.
      • Ministries and Commission public bodies must ensure that actual or potential workplace hazards are identified and controlled.
    2. Every manager/supervisor must be trained, and provide workers with information and instruction in safe workplace practices, workplace hazard identification and control measures to work safely in the manager’s/supervisor’s workplace.
    3. All employees and managers/supervisors must complete occupational health and safety awareness training as soon as possible after their appointment.
    4. Every manager/supervisor must ensure an emergency evacuation plan for all employees in the manager’s/supervisor’s workplace is in place, including accommodation for persons with disabilities (in accordance with section 27 of the Integrated Accessibility Standards Regulation, Accessibility for Ontarians with Disabilities Act, 2005).
    5. Employees must work safely and in accordance with management direction.
    6. This policy must be posted conspicuously and in every workplace and reviewed annually by Treasury Board Secretariat (TBS).

Penalties

    1. Employees, including managers, found to have violated this policy will be held accountable and may be subject to discipline up to and including dismissal.

Responsibilities

  1. Employees

    1. Comply with the OHSA and regulations and other relevant legislation (e.g. Workplace Safety and Insurance Act, Reg. 1101 First Aid Requirements, Smoke-Free Ontario Act) and comply with the requirements of this policy and other corporate and ministry-specific health and safety policies, programs and safe work procedures.
    2. Review information about this policy and complete occupational health and safety worker awareness training.
    3. Immediately report to their manager/supervisor the absence of, or defect in, any equipment or protective device that may endanger themselves or another worker, any workplace health and safety hazards or concerns including unsafe acts or conditions, personal fitness to work safely, workplace violence or harassment and any work-related injury, incident or occupational illness.
    4. Follow established safe work procedures; be fit for work; wear personal protective equipment where appropriate; and use machinery, equipment and materials only as authorized and trained.
    5. Cooperate with all workplace parties including the joint health and safety committee (JHSC) or health and safety representative (HSR) to prevent accidents and to promote a healthy and safe workplace.
    6. Review information about the workplace emergency evacuation plan.

    Managers/Supervisors

    1. Fulfill responsibilities of an employee to the extent that they are applicable.
    2. Understand their obligations as a competent supervisor, as defined by the OHSA and ensure compliance with the OHSA, its regulations and other relevant legislation (e.g., Workplace Safety and Insurance Act, Reg. 1101 First Aid Requirements, Smoke-Free Ontario Act, Ontario Fire Code).
    3. Complete manager/supervisor occupational health and safety awareness training as soon as possible upon becoming a manager/supervisor and attend additional training, as appropriate, to ensure they are competent supervisors as defined by the OHSA, s.25(2)(c).
    4. Advise workers about actual or potential workplace hazards, and provide information on and instruction in safe workplace practices, necessary protective devices, measures and procedures.
    5. Respond to unsafe acts or conditions identified in the workplace and to health and safety concerns raised by workers in a timely manner.
    6. Ensure that workers who act in compliance with the OHSA and its related policies are treated in accordance with the requirements under OHSA s.50(1) (Reprisals by Employer Prohibited).
    7. Support all workplace parties including the joint health and safety committee/health and safety representative to take reasonable precautions to prevent accidents and promote a safe and healthy workplace.
    8. Consult on workplace health and safety testing strategies with the Joint Health and Safety Committee (JHSC)/Health and Safety Representative (HSR), provide the opportunity for a JHSC worker member or HSR to be present at the beginning of testing, and provide results of the report to the JHSC/HSR and workers.
    9. Where work is not carried out by the ministry, recognize that it may continue to have OHSA duties as an owner, employer or constructor and that the ministry appropriately addresses the manner in which it will manage those duties.
    10. Document and maintain appropriate health and safety records.
    11. Document and report all health and safety incidents resulting in injury or illness in accordance with the Workplace Safety and Insurance Act.
    12. Ensure all notification requirements under the OHSA and regulations for workplace accidents, illnesses or reportable events are completed.
    13. Understand their obligations to ensure compliance with this policy and other corporate and ministry-specific health and safety policies and programs, advise workers about this policy and ensure this policy is posted in a conspicuous place in their workplace.

    Joint Health and Safety Committee (JHSC)/Health and Safety Representative (HSR)

    1. Comply with the OHSA, including promoting health and safety in the workplace.
    2. Represent the health and safety interests of all workers in the workplace by making recommendations to management, as appropriate.

    Deputy Ministers and Chairs of Commission Public Bodies

    1. Comply with the OHSA and regulations, including fulfilling the duties of an employer, owner and constructor, as defined in the OHSA; and comply with other relevant legislation (e.g., Workplace Safety and Insurance Act, Reg. 1101 First Aid Requirements, Ontario Fire Code, Occupier’s Liability Act, Smoke-Free Ontario Act).
    2. Ensure this policy and related policies and programs are applied and monitored appropriately.
    3. Integrate health and safety into ministry/Commission public body (CPB) strategic and business plans by:
      • allocating funds and human resources to address health and safety issues
      • developing strategies and priorities for ministry/CPB health and safety programs
      • evaluating and reporting the effectiveness of the ministry/CPB health and safety programs to Treasury Board Secretariat (TBS), where applicable
      • ensuring that where work is carried out by a third party, the ministry continues to ensure that its OHSA duties as an owner, employer or constructor are addressed accordingly
    4. Integrate health and safety responsibilities into performance criteria for management and employees.
    5. Ensure that managers, supervisors, employees and other workers receive information and instruction on this policy, safe work practices, prevention programs and their duties and responsibilities.
    6. Establish joint health and safety committees/health and safety representatives where required by the OHSA, s.9(2)(a), s.8(1).
    7. Involve TBS in ministry or Commission public body-based activities that may have enterprise-wide health and safety implications.
    8. Ensure the responsibilities of the owner are carried out in situations where the ministry is defined as an “owner” or occupier, including but not limited to the OHSA, the Building Code Act, and the Fire Protection and Prevention Act.
    9. Delegate appropriate responsibilities and authorities under this policy.

    Deputy Ministers’ Delegates or prescribed PSC officials of Commission public bodies (CPBs)

    1. Act on delegated authority to carry out other functions under this policy.
    2. Inform the deputy minister or chair of the policy breach and remedy applied.

    Treasury Board Secretariat (TBS)

    1. Conduct the annual review of this policy as required by the OHSA, s.25(2)(j) on behalf of Management Board of Cabinet.
    2. Interpret this policy and related corporate policies and provide expertise and advice, guidance and instructional materials, and information on the interpretation and application of relevant legislation.
    3. Develop and communicate corporate health and safety policies to assist ministries and Commission public bodies in addressing health and safety issues and to support OPS wellness.
    4. Produce enterprise-wide metrics and reports to senior management and recommend policy and program improvements to Management Board of Cabinet, as appropriate.
    5. Liaise with bargaining agents on health and safety issues with enterprise-wide significance.

    Treasury Board Secretariat (TBS) – HR Service Delivery Division

    1. Coordinate the management of health and safety issues with enterprise-wide significance.
    2. Develop and communicate corporate health and safety programs, guidelines, and training to assist ministries and Commission public bodies in addressing health and safety issues and to support OPS wellness.

    Ministry of Infrastructure – Realty Division

    1. Ensure the property management vendor supports building occupants in the management of Ontario Fire Code requirements for government buildings.
    2. Ensure that evacuation plans for government-owned buildings are updated and fire drill testing occurs as required by the Ontario Fire Code through the property management vendor.
    3. Provide services for capital and accommodation projects such as reconfiguration and security enhancements at the request of the tenant, where necessary.
    4. Ensure that exterior spaces, entrances etc. are signed properly and in compliance with the Smoke-Free Ontario Act.
    5. Act as liaison with building owners at leased facilities to ensure that owner responsibilities for various applicable regulations and legislation are adhered to as they relate to OPS-occupied space and used space.
    6. Ensure government occupied buildings are managed and maintained to support the health and safety of building occupants.

    Management Board of Cabinet

    1. Approve updates to this policy resulting from the annual policy review by TBS.

Definitions

For the purpose of this policy, and in accordance with the Occupational Health and Safety Act (OHSA) and other legislation, these terms have the following meaning:

Accessibility for Ontarians with Disabilities Act, Integrated Accessibility Standards S.O. 2005, c.11 develops, implements and enforces accessibility standards in order to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises on or before January 1, 2025.

Annual Review: An annual review by the employer of its occupational health and safety policy in compliance with section 25(2)(j) of the OHSA.

Building Code Act (BCA), S.O. 1992, c.23: The Act which sets out the minimum provisions respecting the safety of buildings with reference to public health, fire protection and structural sufficiency.

Competent/Qualified Person: An individual, who, because of knowledge, training and experience, is qualified to safely and properly perform a specified duty.

Constructor: A person who undertakes a project for the owner and includes an owner who undertakes all or part of a project by theirself or by more than one employer as defined and/or limited by Statute or Regulation.

Emergency: Actual or potential danger where the loss of human life or property is imminent and where immediate response is required to reduce the risk and the probable consequences of an incident.

Employee: A public servant appointed under Part III of the PSOA, 2006 (including Minister’s staff), deputy ministers, chairs of Commission public bodies and prescribed PSC delegates of CPBs.

Employer: has the same meaning as defined in s.1 of OHSA and means “a person who employs one or more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services.”

Fire Protection and Prevention Act (FPPA) S.O. 1997, c.4 regulates fire protection services, inspections, enforcement and employment and labour relations conditions for firefighters.

First Aid: Treatment to sustain life, to prevent a condition from becoming worse and to promote recovery.

First Aid Requirements R.R.O. 1990, Reg. 1101 under the Workplace Safety and Insurance Act, 1997 sets minimum requirements for employers to provide first aid stations, rooms, and equipment.

Hazard: A condition or behavior that has the potential to cause injury or loss. Hazards may be physical, chemical, biological or psychological.

Hazard Assessment: A process used to identify the health and safety hazards and evaluate the risk associated with job tasks.

Hazard Controls: measures designed to eliminate or reduce the risks of hazards and evaluate the risk associated with job tasks.

Health and Safety Representative: A health and safety representative selected under the OHSA.

Incident: An undesired, unplanned, unexpected event that results in, or has the potential to result in, physical harm to a person or damage to property (with or without loss).

Joint Health and Safety Committee: A committee as constituted under the OHSA.

Manager: An individual to whom human resource management powers, duties or functions have been delegated, including hiring and terminating. In the case of Commission public bodies, includes the person to whom any of the Public Service Commission’s powers, duties and functions has been delegated under subsection 44(4) of Public Service of Ontario Act, 2006 other than the deputy or a chair.

Occupational Health and Safety Act (OHSA) R.S.O. 1990, c.0.1 and its regulations (i.e. including Industrial Establishments, Health Care and Residential Facilities, Construction Projects, Designated Substances, Workplace Hazardous Materials Information System) state legislative obligations to protect workers, set out role and responsibilities for all parties, and outline enforcement and penalties for unsafe working conditions and practices.

Occupier: A person who is in physical possession of premises, or a person who has responsibility for, and control over, the condition of premises, the activities conducted on the premises or the persons allowed to enter the premises.

Occupier’s Liability Act, R.S.O. 1990, c. O.2: legislation specifying that an occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and property brought on the premises by those persons are reasonably safe while on the premises.

Ontario Fire Code, O. Reg. 213/07: The fire code established under Part IV of the Fire Protection and Prevention Act, S.O. 1997, c.4 that governs fire safety standards for equipment, systems, buildings, structures, land and premises including regulations.

Owner: has the same meaning as defined in s.1 of OHSA and “includes a trustee, receiver, mortgagee in possession, tenant, lessee, or occupier of any lands or premises used or to be used as a workplace, and a person who acts for or on behalf of an owner as an agent or delegate.”

Personal Protective Equipment: is used to reduce the employee’s exposure to a hazard. This includes such items as hardhats, gloves, safety eyewear, safety footwear, fall arrest equipment, respirators, hearing protection, among many others.

Public Servant: A person appointed under Part III of the PSOA, 2006.

Risk: Chance or possibility of danger, loss, injury, or other adverse consequences.

Safe Work Procedure/Safe Work Practice: Written, step-by-step instruction required to safely perform a task from beginning to end, including the use of tools and operation of equipment.

Smoke-Free Ontario Act, S.O. 1994, c.10: Legislation which prohibits tobacco smoking and the holding of lighted tobacco in enclosed workplaces and enclosed public places.

Supervisor: A person who has charge of a workplace or authority over a worker as defined in s.1 of the OHSA.

Worker: has the same meaning as defined in s.1 of OHSA and 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;

  1. A person who performs work or supplies services for monetary compensation.
  2. A secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled.
  3. A person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university, career college or other post-secondary institution.
  4. Such other persons as may be prescribed who perform work or supply services to an employer for no monetary compensation.”

Workplace: has the same meaning as defined in s.1 of OHSA and means “any land, premises, location or thing at, upon, in or near which a worker works.”

Workplace Parties: includes employees and other workers, managers/supervisors, contractors, bargaining agents, joint health and safety committees, health and safety representatives, deputy ministers.

Workplace Safety and Insurance Act: S.O. 1997, c.16, Schedule A sets out the statutory regime for providing compensation and benefits for work-related injuries and occupational diseases.