Which agencies are responsible for administering provincial health and safety legislation in Ontario?

Ontario employers and workers have legal roles and responsibilities under a number of different pieces of legislation, including Ontario's Occupational Health & Safety Act, and for some workplaces, the Canada Labour Code.

Occupational Health & Safety Act

Ontario's Occupational Health & Safety Act sets out the rights and duties of all workplace parties with one main principle: workers, supervisors and employers share the responsibility for health and safety in the workplace.

Under the Occupational Health & Safety Act:

• Employers have a duty to provide information, instruction and supervision to workers, advise workers about hazards in the workplace and notify the Ministry of Labour inspectors of workplace fatalities and critical injuries.
• Employers with six or more regularly employed workers also have to develop an occupational health and safety policy and program.
• Workers have the right to participate in decisions about health and safety at the workplace, to know about workplace hazards, and to refuse unsafe work.
• Ministry of Labour inspectors have the authority to inspect workplaces to ensure compliance with the Occupational Health & Safety Act, and to investigate complaints, critical injuries and fatalities.

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Canada Labour Code

Ontario workplaces with Canadian Federal Government employees, or employees within a company or sector that operates across provincial or international borders, are subject to the Canada Labour Code, Part II. Workplaces that are subject to the Canada Labour Code include:

• Airports
• Banks
• Canals
• Exploration and development of petroleum on lands subject to federal jurisdiction
• Ferries
• Tunnels and bridges
• Grain elevators licensed by the Canadian Grain Commission, and certain feed mills and feed warehouses, flour mills and grain seed cleaning plants
• Highway transport
• Pipelines
• Radio and television broadcasting and cable systems
• Railways
• Shipping and shipping services
• Telephone and telegraph systems

Under the Canada Labour Code:

• Employers have a general obligation or duty to ensure that the health and safety of every person they employ is protected while they are working.
• Employees have responsibilities to take all reasonable and necessary precautions for their own health and safety and that of others who may be affected by their work or activities.

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Other Forms of Legislation

There are a number of other forms of legislation you need to be aware of, including the Employment Standards Act , Ontario Human Rights Codeand the Workplace Safety and Insurance Act. The government of Ontario’s eLaws website allows you access these and other legislation, including the Technical Standards and Safety Authority, Electrical Standards Authority, Fire Code, Building Code and WSIB Act.

Stay Informed & Up to Date

WSPS is here to help you understand your roles and responsibilities under the legislation – and we’ll keep you updated about ongoing changes to the legislation.

Find out about new legislation by visiting our Resource Hub (Legislation Stream), Important Updates and articles and how you can get one-on-one support from our duty consultants.

Every Canadian has the right to work in a safe and healthy environment. In Ontario, special rules and regulations are in place to help protect the physical and mental well-being of people in the workplace, and these are monitored and enforced by trained professionals. If you’re currently working towards an Occupational Health and Safety Certificate, or aspire to work in this valuable area, one of the most important pieces of legislation you’ll want to know about is the Occupational Health and Safety Act.

What is the Occupational Health and Safety Act (OHSA)?

The Occupational Health and Safety Act – or OHSA – is the primary piece of legislation in Ontario that protects workers against accidents, injuries and exposure to harm in the workplace.

What does the OHSA do?

The OHSA sets out the rights of workers and outlines the duties of employers to ensure their occupational safety. This means protecting employees from harm, both physical and psychological, such as accidents, injuries, disease, work-related stress and harassment.

While the OHSA is comprehensive and its rights and duties apply across workplaces, some regulations and protections are specific to particular sectors, such as construction, mining or farms. Others are specific to particular jobs, such as window cleaning or offshore oil and gas. Still others are specific to particular hazards or materials, like chemical or biological agents, X-rays or needles.

Employers are expected to comply voluntarily with the OHSA. However, in cases where compliance is not achieved, the OHSA stipulates the authority and procedures for the enforcement of the law.

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How is the OHSA enforced?

The body responsible for the OHSA is the Ministry of Labour, Training and Skills Development of Ontario. Health and safety inspectors, empowered to act on the Ministry’s behalf, enforce the OHSA through workplace inspections. If workplaces are not compliant, inspectors undertake progressive action. This action may involve investigating injuries and complaints, issuing requirements to comply, or issuing stop-work orders. Inspectors may also initiate prosecution for non-compliance, which may lead to fines or imprisonment.

What do Occupational Health and Safety (OHS) professionals do?

Given the significance and scope of the OHSA, many OHS professionals become government health and safety inspectors. But wherever it is necessary to maintain, monitor, and improve conditions for workers, an abundance of career choices are available to OHS professionals.

For example, companies and organizations hire health and safety experts in-house or as consultants, to design compliance plans, enact safety initiatives and conduct training programs. OHS experts also occupy key roles with the Worker’s Compensation Board and in the insurance industry, investigating accidents, injuries and disability claims. Health and safety specialists are needed as consultants, to address environmental questions, draft worker health and safety policies and create worker wellness programs.

Whether factory or farm, hospital or hotel, every public or private workplace in Ontario is bound by the OHSA (or its federal equivalent). This makes occupational health and safety an essential concern of every business and organization and ensures that OHS experts are always in high demand.

Occupational health and safety is an established and highly rewarding career path. Having the opportunity to not only protect employees, as stipulated by the OHSA, but create healthier workplaces, are reasons enough to enter this important and influential industry. An Occupational Health and Safety Certificate opens doors and gives you the opportunity to make a meaningful difference in the work you do.

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