R.S.O. 1990, c. O.1, s. 46 (6); 1998, c. 8, s. 53 (6). (6) A constructor who fails to comply with this section is liable to every contractor and subcontractor who suffers any loss or damages as the result of the subsequent discovery on the project of a designated substance that was on the list prepared under subsection (1). R.S.O. (i) the load limits of a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, (ii) that a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable of supporting or withstanding the loads being applied to it or likely to be applied to it, or. (a) a person employed in, or a member of, a police force to which the Police Services Act applies; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 43 (2) (a) of the Act is amended by striking out “a police force to which the Police Services Act applies” at the end and substituting “a police service to which the Community Safety and Policing Act, 2019 applies”. 13, s. 2. COVID-19: Get the latest updates, take a self-assessment or learn about the COVID Alert exposure-notification app. 7, s. 2 (10). 1995, c. 1, s. 84 (1); 1998, c. 8, s. 56 (4); 2011, c. 11, s. 13 (7). (6) On the recommendation of the Minister, the Lieutenant Governor in Council may make regulations prescribing matters to be considered when determining whether a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases would be a significant change. 2019, c. 1, Sched. (2) The Minister may designate an entity as a safe workplace association or as a medical clinic or training centre specializing in occupational health and safety matters if the entity meets the standards established by the Minister. (a) a building or place other than a mine, mining plant or place where homework is carried on, where. (d) take such other steps as he or she considers appropriate. Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 30, s. 2 (1). 1990, c. O.1, s. 9 (14). Subject to any terms or conditions set out in the approval, compliance with the approved code of practice is deemed to be compliance with the legal requirement. (3) If the Chief Prevention Officer is considering providing advice to the Minister concerning a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases, the Chief Prevention Officer shall determine whether the proposed change would be a significant change. 30, s. 1 (2). 2001, c. 26, s. 2. (2) If any work on a project is tendered, the person issuing the tenders shall include, as part of the tendering information, a copy of the list referred to in subsection (1). 2001, c. 9, Sched. R.S.O. (3) The Chief Prevention Officer may amend criteria established under subsection (2). Notes : See coming into force provision and notes, where applicable. (28) The inspection required by subsection (27) shall be undertaken in accordance with a schedule established by the committee. (6) If the certified members do not agree whether dangerous circumstances exist, either certified member may request that an inspector investigate the matter and the inspector shall do so and provide the certified members with a written decision. 2015, c. 27, Sched. 2015, c. 27, Sched. To foster a commitment to occupational health and safety among employers, workers and others. (5) If the certified member and the constructor or employer do not agree whether dangerous circumstances exist, the constructor or employer or the certified member may request that an inspector investigate the matter and the inspector shall do so and provide them with a written decision. 1990, c. O.1, s. 9 (3). 2011, c. 11, s. 8 (2). that was in force at any time since it was made under the Building Code Act, 1974, the Building Code Act of the Revised Statutes of Ontario, 1980, the Building Code Act of the Revised Statutes of Ontario, 1990, the Building Code Act, 1992 or a successor to the Building Code Act, 1992; (“code du bâtiment”), “certified member” means a committee member who is certified under section 7.6; (“membre agréé”), “Chief Prevention Officer” means the Chief Prevention Officer appointed under subsection 22.3 (1); (“directeur général de la prévention”), “committee” means a joint health and safety committee established under this Act; (“comité”). (4) If both certified members find that the dangerous circumstances exist, the certified members may direct the constructor or employer to stop the work or to stop the use of any part of a workplace or of any equipment, machine, device, article or thing. R.S.O. This consolidated edition of the OHSA is a handy reference tool for Healthcare, Education, Government and Emergency Service organizations. (2) The certified member may request that a second certified member representing the other workplace party investigate the matter if the first certified member has reason to believe that dangerous circumstances continue after the supervisor’s investigation and remedial actions, if any. (a) provide advice to the Minister on the appointment of a Chief Prevention Officer; (b) provide advice to the Chief Prevention Officer. 7.6.4 (1) The Chief Prevention Officer may require any person who is seeking an accreditation under subsection 7.6.1 (1) or recognition under subsection 7.6.2 (1), or who is the subject of an accreditation or recognition, to provide the Chief Prevention Officer with whatever information, records or accounts he or she may require pertaining to the accreditation or recognition and the Chief Prevention Officer may make such inquiries and examinations as he or she considers necessary. The Occupational Health and Safety Act provides us with the legal framework and the tools to achieve the goal of making our workplaces safe and healthy. (3) The inspector shall inform the person from whom the thing is seized as to the reason for the seizure and shall give the person a receipt for it. (b) at least four persons or such greater number of people as may be prescribed, for a workplace where fifty or more workers are regularly employed. Occupational Health and Safety Act, for the prevention of injuries and the elimination of the hazards in our workplaces. (a) an investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances; (b) the worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, are informed in writing of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation; (c) the program developed under section 32.0.6 is reviewed as often as necessary, but at least annually, to ensure that it adequately implements the policy with respect to workplace harassment required under clause 32.0.1 (1) (b); and. (11) An entity that is designated as a safe workplace association or as a medical clinic or training centre specializing in occupational health and safety matters under section 6 of the Workplace Safety and Insurance Act, 1997 on the date section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force is deemed to be designated for the purposes of this Act until the date established by the Minister under subsection (10). 1990, c. O.1, s. 9 (37); 1998, c. 8, s. 50 (2). (2) Without limiting the strict duty imposed by subsection (1), an employer shall. Occupational Health and Safety Act and Regulation for Construction Projects, R213/91 Jan. 2020 Includes Construction Regulation. 13, s. 1. R.S.O. (1.4) The warrant may contain terms and conditions in addition to those provided for in subsections (1) to (1.3) as the justice of the peace or provincial judge, as the case may be, considers advisable in the circumstances. R.S.O. R.S.O. 20, s. 3 (1); 2011, c. 11, s. 1; 2014, c. 10, Sched. Such other persons as the Board may specify. 1990, c. O.1, s. 54 (5). 4, s. 1 (3). The Ontario Occupational Health and Safety Act requires employers to report fatalities and “critical injuries” to the Ontario Ministry of Labour.. R.S.O. 2015, c. 27, Sched. R.S.O. However, the federal Labour Program is the occupational health and safety (OHS) regulatory authority for workplaces designated under federal jurisdiction (e.g. (a) a provision of this Act or the regulations; (b) an order or requirement of an inspector or a Director; or. 1990, c. O.1, s. 47 (1); 1998, c. 8, s. 54. (c) a worker who because of knowledge, experience and training is selected by a trade union that represents the worker, or if there is no trade union, is selected by the workers to represent them. (4) An engineer of the Ministry may require the drawings, layout and specifications to be supplemented by the owner or employer with additional information. 1990, c. O.1, s. 21 (2); 2006, c. 35, Sched. (11) This section does not apply to designated substances. R.S.O. 4.1 (1) The Minister is responsible for the administration of this Act. (5) Subsection (3) also applies with respect to the results of the reassessment. 4, s. 3 (5). 00 . (c) engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct. 59 (1) Within three days after a constructor or employer who has received an order under section 57 believes that compliance with the order has been achieved, the constructor or employer shall submit to the Ministry a notice of compliance. R.S.O. (e) include any prescribed elements. 1990, c. O.1, s. 47 (2-7). 2020, c. 18, Sched. 30, s. 4 (1). (5) The members of the Council shall choose a chair from among themselves by the date fixed by the Minister; if they fail to do so, the Minister shall designate a member as chair. 2016, c. 2, Sched. R.S.O. R.S.O. (a) the measures and procedures prescribed by this Act and the regulations are carried out on the project; (b) every employer and every worker performing work on the project complies with this Act and the regulations; and. R.S.O. 2009, c. 23, s. 8. R.S.O. Confined spaces with multi-employer involvement 5. 2001, c. 9, Sched. All employees, including members of management, can benefit from an Occupational Health and Safety act summary. (5) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of this section. 0 514828 . It establishes procedures for dealing with workplace hazards and it provides for enforcement … (1.3) The warrant is valid for 30 days or for such shorter period as may be specified in it. 1990, c. O.1, s. 8 (9). It is recommended that the benefits and limitations, if any, of medical surveillance programs be communicated to workers to assist in this determination. 1990, c. O.1, s. 24 (1). The constructor must ensure that all the employers and workers on the project comply with the Act and regulations. R.S.O. (3) An order made under subsection (1) shall indicate generally the nature of the contravention and where appropriate the location of the contravention. 9 (1) Subject to subsection (3), this section does not apply, (a) to a constructor at a project at which work is expected to last less than three months; or. (8) For the purposes of subsection (7), any advice provided by the Council shall be communicated by the chair of the Council. 7, s. 2 (3). Occupational Health and Safety Act. It sets out the rights and duties of all parties in the workplace. 32.0.3 (1) An employer shall assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work. I, s. 3 (4). 1990, c. O.1, s. 43 (11). is evidence of the order, decision, writing or document, and the facts appearing in the order, decision, writing or document without proof of the signature or official character of the person appearing to have signed the order or the certificate and without further proof. Labour Relations Act, No. 1990, c. O.1, s. 46 (7); 1998, c. 8, s. 53 (7). (5) The constructor or employer shall immediately comply with the direction and shall ensure that compliance is effected in a way that does not endanger a person. Although we cannot provide help by phone, you can still contact us online with your health and safety questions, or for assistance with our products and services. with respect to a matter under this Act or the regulations. 2011, c. 11, s. 3. (A) as determined by the applicable design requirements established under the version of the Building Code that was in force at the time of its construction, (B) in accordance with such other requirements as may be prescribed, or. (4) The employer or any worker of the employer or any trade union representing the workers of the employer may, in accordance with the appeal process set out in the Hazardous Materials Information Review Act (Canada), appeal a determination made under subsection (3) and the appeal shall be determined in accordance with that process. (13) Subsection (12) does not apply with respect to a project where fewer than fifty workers are regularly employed or that is expected to last less than three months. (3) Despite subsections (1) and (2), the Minister may, by order in writing, require a constructor or an employer to establish and maintain one or more joint health and safety committees for a workplace or a part thereof, and may, in such order, provide for the composition, practice and procedure of any committee so established. 1990, c. O.1, s. 43 (13). 2015, c. 27, Sched. 4, s. 3 (5). • Encourage ONA occupational health and safety representatives to take more active roles in promoting health and safety initiatives in their Bargaining Units. 1990, c. O.1, s. 67. I, s. 3 (10); 2015, c. 27, Sched. 2011, c. 11, s. 8 (2). 1990, c. O.1, s. 31. R.S.O. XML Full Document: Canada Occupational Health and Safety Regulations [890 KB] | PDF Full Document: Canada Occupational Health and Safety Regulations [1558 KB] Regulations are current to 2020-11-17 and last amended on 2019-06-25. 22.5 (1) An entity that is designated under this section is eligible for a grant from the Ministry. In order to understand your legal rights and duties, you must read the Act and the regulations. 1990, c. O.1, s. 51 (2). 2019, c. 9, Sched. 1990, c. O.1, s. 33 (5). (a) reduce or suspend grants to the entity while the non-compliance continues; (b) assume control of the entity and responsibility for its affairs and operations; (c) revoke the designation and cease to provide grants to the entity; or. 32.3 (1) An approval or a withdrawal of an approval under section 32.2 shall be published in The Ontario Gazette. Please refer to the full Occupational Health and Safety Amendment Act, No. Act First Safety’s ‘Working at Heights’ program is approved with the Ontario Ministry of Labour. (i) the ingredients thereof and their common or generic name or names. 1990, c. O.1, s. 8 (14). An Act to consolidate, harmonize and update the law relating to occupational safety and health; to repeal the Factories Act, Cap 220 and to provide for connected matters. R.S.O. Unlawful Reprisals. 2001, c. 26, s. 2. 22 (1) The Workplace Safety and Insurance Board shall require Schedule 1 and Schedule 2 employers under the Workplace Safety and Insurance Act, 1997 to make payments to defray the cost of administering this Act and the regulations. 2011, c. 11, s. 3. R.S.O. 1998, c. 8, s. 53 (4). Notice of accident, explosion, fire or violence causing injury. 1990, c. O.1, s. 38 (4). 1998, c. 8, s. 57 (2). (c) subject to such conditions regarding administrative control, work practices, engineering control and time limits for compliance as the Director specifies. 2011, c. 11, s. 14. 10, s. 1. (10) A health and safety representative has power to identify situations that may be a source of danger or hazard to workers and to make recommendations or report his or her findings thereon to the employer, the workers and the trade union or trade unions representing the workers. 2011, c. 11, s. 8 (2). 1998, c. 8, s. 57 (1). (c) a worker who because of his or her knowledge, experience and training is selected by the trade union that represents the worker or, if there is no trade union, by the workers to represent them. 8 (1) At a project or other workplace where no committee is required under section 9 and where the number of workers regularly exceeds five, the constructor or employer shall cause the workers to select at least one health and safety representative from among the workers at the workplace who do not exercise managerial functions. 1990, c. O.1, s. 8 (16). (4) Despite the submission of a notice of compliance, a constructor or employer achieves compliance with an order under section 57 when an inspector determines that compliance has been achieved. it shall be a defence for the accused to prove that every precaution reasonable in the circumstances was taken. M, s. 5; 2006, c. 34, Sched. 2011, c. 11, s. 2. 2011, c. 11, s. 2. 1998, c. 8, s. 57 (2). (8) In addition to the orders that may be made under subsection (6), where an inspector makes an order under subsection (1) for a contravention of section 37 or 41 or a Director has been advised of an employer’s inability to obtain a current safety data sheet, the inspector may order that the hazardous material shall not be used or that the thing that causes, emits or produces the hazardous physical agent not be used or operated until the order is withdrawn or cancelled. This is the English version of a bilingual regulation. 4, s. 2 (4). (2) If no health and safety representative is required under subsection (1) and no committee is required under section 9 for a workplace, the Minister may, by order in writing, require a constructor or employer to cause the workers to select one or more health and safety representatives from among the workers at the workplace or part thereof who do not exercise managerial functions, and may provide in the order for the qualifications of such representatives. R.S.O. Publication #: 300150; Language: English ; Format: Book ; Price: $ 16. R.S.O. 1990, c. O.1, s. 62 (4). (a) seize or examine and copy any drawings, specifications, licence, document, record or report; (b) seize or examine any equipment, machine, device, article, thing, material or biological, chemical or physical agent; (c) require a person to produce any item described in clause (a) or (b); (d) conduct or take tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent, and take and carry away samples from the testing; (e) take measurements of and record by any means the physical circumstances of the workplace; and. PART III DUTIES OF EMPLOYERS AND OTHER PERSONS. (a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It sets out key principles, duties and rights about OHS. CONTENTS. In the case of an appeal by a worker or trade union representing a worker, the worker’s employer. R.S.O. Other contributing legislation includes the Workplace Safety and Insurance Act (WSIA), Part II of which deals with the prevention of occupational injury and disease and the Human Rights Code , which often has to be considered in dealing with OHS issues. 27 (1) A supervisor shall ensure that a worker, (a) works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and. (4) No employer or supervisor shall disclose more personal information in the circumstances described in subsection (3) than is reasonably necessary to protect the worker from physical injury. 2009, c. 23, s. 3. 5. (3) The constructor or employer shall post the notice and the order issued under section 57 for a period of fourteen days following its submission to the Ministry in a place or places in the workplace where it is most likely to come to the attention of workers. 1998, c. 8, s. 56 (1); 2011, c. 11, s. 13 (2). (2) An employee in the Ministry may communicate or allow to be communicated information described in subsection (1) or allow inspection of or access to any part of a book, record, writing or other document containing any such information to or by, (a) another employee in the Ministry for the purpose of administering or enforcing this Act; or. 4, s. 4 (3). (2) A complaint must be filed not later than 30 days after the event to which the complaint relates. R.S.O. 2011, c. 11, s. 3. (2) Publication of an approval or withdrawal of approval in The Ontario Gazette, (a) is, in the absence of evidence to the contrary, proof of the approval or withdrawal of approval; and. 1998, c. 8, s. 53 (8). (4) On an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), sections 110, 111, 114 and 116 of the Labour Relations Act, 1995 1990, c. O.1, s. 25 (3). (7) On an appeal under subsection (1), the Board may suspend the operation of the order appealed from pending the disposition of the appeal. 4, s. 3. (c) any other matter specified by the Minister. (2) Except as is prescribed and subject to the conditions and limitations prescribed, this Act or a Part thereof does not apply to farming operations. See: 2011, c. 11, ss. 4, s. 2 (3). (8) The certified members who issued a direction may jointly cancel it or an inspector may cancel it. No hearing required prior to issuing order. (a) an inspector, a person accompanying an inspector or a person who, at the request of an inspector, makes an examination, test or inquiry, shall not publish, disclose or communicate to any person any information, material, statement, report or result of any examination, test or inquiry acquired, furnished, obtained, made or received under the powers conferred under this Act or the regulations; (c) no person shall publish, disclose or communicate to any person any secret manufacturing process or trade secret acquired, furnished, obtained, made or received under the provisions of this Act or the regulations; (e) no person to whom information is communicated under this Act and the regulations shall divulge the name of the informant to any person; and. (3.1) Persons employed in the Office of the Worker Adviser or the Office of the Employer Adviser are not compellable witnesses in a civil suit or any proceeding respecting any information or material furnished to or obtained, made or received by them under this Act while acting within the scope of their employment.
2020 occupational health and safety act ontario