How does the OHSA affect your Small Business?
The Occupational Health and Safety Act (OHSA) does not differentiate between small businesses and larger ones. The law requires workplaces with 20 or more regularly employed workers to have a Joint Health & Safety Committee (JHSC) and at least one worker member and one management worker of the JHSC must be certified. Certification involves training in health and safety law as well as the identification, assessment and control of workplace hazards. Workplaces with more than five workers must have a designated health and safety representative.
Some small business owners incorrectly believe health and safety legislation does not apply to them; for example, owners that opt out of WSIB coverage make an assumption that they can also opt out of the OHSA. However, these are two separate pieces of legislation.
Other owners may have read in the Act that a workplace with five or fewer regular employees does not need to prepare a written health and safety policy. However, the Act indicates that if there’s a critical injury or fatality, or even a visit from a Ministry of Labour, Immigration, Training and Skills Development (MLITSD) inspector, the business owner would still be required to demonstrate and document that people are working safely, and that a disciplinary process is ready to implement. See S.6 of the Act: “Duties of Employers and Other Persons.”