What is the Occupational Health and Safety Act (OHSA)?
The Occupational Health and Safety Act (OHSA, “the Act” or “the Green Book” as it’s often referred to) is Ontario’s legislation for workplace health and safety and includes 27 regulations. All workplace parties have a role to play when it comes to health and safety in the workplace, and everyone should know their rights and responsibilities.
What is the significance of the OHSA?
The OHS is a legal framework built for workplaces in order to keep workers safe on the job by:
- Setting out duties for all workplace parties and rights for workers to help establish a strong internal responsibility system (IRS) in the workplace.
- Establishing measures and procedures for dealing with workplace hazards.
- Enforcing of the law where compliance has not been achieved voluntarily.
The OHSA is not just a book telling you what you can and cannot do, it keeps workplaces healthy and safe and saves lives. It’s an essential part of every workplace. The OHSA also includes sector, work and hazard-specific regulations and those specific to training, reporting and application of the act. The following sectors are specifically mentioned throughout the regulations:
Did you know: Many regulations made under the OHSA require compliance with standards published by the CSA Group? These standards define requirements for reducing the risk of workplace injuries.
Employers and supervisors have requirements for their workplaces
Employers should note that the Act makes it clear that employers have the greatest responsibilities with respect to health and safety in the workplace. According to the OHSA, an employer who is covered by the OHSA, has a range of legal duties and obligation including but not limited to:
- Instruct, inform and supervise workers to protect their health and safety [clause 25(2)(a)]
- Appoint competent persons as supervisors [clause 25(2)(c)].
- Inform a worker, or a person in authority over a worker, about any hazard in the work and train that worker in the handling, storage, use, disposal and transport of any equipment, substances, tools, material, etc. [clause 25(2)(d)]
- Post a copy of the OHSA in the workplace, or in a readily accessible electronic format, as well as explanatory material prepared by the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) that outlines the rights, responsibilities and duties of workers in both English and in the majority language in the workplace [clause 25(2)(i)].
- Post a copy of the occupational health and safety policy in the workplace, where workers will be most likely to see it, or in a readily accessible electronic format [clause 25 (2)(k)]
- Take every precaution reasonable in the circumstances for the protection of a worker [clause 25(2)(h)].
- And more.
Supervisors are also responsible for a number of items including but not limited to:
- Ensure that a worker works in the manner and with the protective devices, measures and procedures required by the OHSA and the regulations [clause 27(1)(a)]
- Ensure that any equipment, protective device or clothing required by the employer is used or worn by the worker [clause 27(1)(b)]
- Advise a worker of any potential or actual health or safety dangers known by the supervisor [clause 27(2)(a)]
- If prescribed, provide a worker with written instructions about the measures and procedures to be taken for the worker’s protection [clause 27(2)(b)]
- Take every precaution reasonable in the circumstances for the protection of workers [clause 27(2)(c)]
- And more.
More duties can be found in the Act for both employers and supervisors.
What workers need to know about their rights
All workers play a role in health and safety including but not limited to:
- Work in compliance with the Act and regulations [clause 28(1)(a)]
- Use or wear any equipment, protective devices or clothing required by the employer [clause 28(1)(b)].
- Report to the employer or supervisor any known missing or defective equipment or protective device that may endanger the worker or another worker [clause 28(1)(c)].
- Report any hazard or contravention of the Act or regulations to the employer or supervisor [clause 28(1)(d)].
- Not use or operate any equipment or work in a way that may endanger any worker [clause 28(2)(b)].
- And more.
Workers need to know that they have the right to refuse or stop work that they believe is dangerous to their health and safety or that of any other worker in the workplace.
More duties can be found in the Act
Who doesn’t the OHSA apply to?
There are some limitations to the application of the OHSA including:
- 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)], with the exception of telework performed in or about a private residence or the lands and appurtenances used in connection with the private residence [subsection 3(1.1)]
- Workplaces under federal jurisdiction, such as:
- Post offices
- Airlines and airports
- Banks
- Grain elevators
- Telecommunication companies
- Interprovincial trucking, shipping, railway and bus companies
Enforcement of the OHSA
MLITSD inspectors are the enforcers of the Act and their role includes:
- Inspection of workplaces.
- Issuing of compliance commitments and/or orders where there is a contravention of OHSA or its regulations.
- Investigation of critical injuries, fatalities, work refusals and health and safety complaints.
- Recommendation of prosecution.
They may issue requirements, administrative orders or prosecutions. The powers an inspector may use to fulfil this role are set out in OHSA sections 54 to 57. The maximum penalties for a contravention of OHSA or its regulations are set out in OHSA section 66.
