THE PROCESS LEGAL
Occupational Health and Safety
In Ontario, occupational health and safety requirements for provincially-regulated employers are set out in the Ontario Occupational Health and Safety Act (OHSA).
Key points in the Ocupational Health and Safety Act in Ontario include:
Workplaces must be healthy and safe for workers that include both employees and contractors.
A strong internal responsibility system is key to maintaining a healthy and safe workplace, and the OHSA sets out the basic rights and duties of workplace parties in establishing effective systems for this purpose.
Employers have a duty to take reasonable measures to address foreseeable health and safety hazards at the workplace.
Workers have a corresponding duty to report health and safety hazards at the workplace, as well as a right (subject to some exceptions) to refuse to perform unsafe work.
Workplace hazards include other workers and all workplaces must therefore maintain policies and processes for addressing workplace harassment and workplace violence (including risks from individuals with a history of violence).
Highlights of the Ontario Ocupational Health and Safety Act's requirements include:
A written occupational health and safety policy must be developed, reviewed annually and posted in a conspicuous location in the workplace. A program must also be in place to ensure the policy is maintained and complied with.
A copy of the OHSA itself together with the occupational health and safety poster published by the Ministry of Labour, Immigration, Training and Skills Development of Ontario must be posted in the workplace.
Risk assessments must be carried out at each workplace for risks of violence in the workplace.
Policies and programs to address workplace violence and workplace harassment must be developed, regularly updated and posted in a conspicuous spot in the workplace. In particular, employers must ensure that any complaints of workplace harassment are addressed through an investigation process that is appropriate in the circumstances.
Workers must be provided with equipment, supervision and training appropriate for ensuring that work roles can be performed safely.
A naloxone kit is required to be kept at the workplace with training provided to employees in its use where the employer becomes aware, or ought reasonably to be aware, that there may be a risk of a worker having an opioid overdose at a workplace where that worker performs work for the employer.
A joint health and safety committee or health and safety representative may be required based on the number of workers in the workplace where there are regularly more than 5 workers.
Certain workers have a right to refuse work where there is reason to believe that the work and/or working conditions would endanger the worker. A valid work refusal triggers a duty for the employer to investigate, and which may be escalated to an investigation by a Ministry inspector.
The contents of this page are provided for informational purposes only and do not constitute legal advice.