Occupational Health and Safety Act (OHSA) Most Used Sections

This list is intended to give you quick access to some of the most used sections of the Occupational Health and Safety Act (OHSA) and regulations that will assist leaders and Joint Health and Safety Committee (JHSC) members in their discussions with their employer about workplace health and safety, at JHSC meetings and when writing formal recommendations to your employer for a 21 day response. Use it to support your arguments for safety measures, procedures, equipment, safe staffing, training etc.

Functions and Powers of the JHSC - Section 9 (18) (a) to (f) and (19)

The JHSC has several important functions and powers which enable the committee to ensure employers comply with the OHSA and its regulations, to support the Internal Responsibility System(IRS) and ensure the JHSC is functioning effectively.

It is the function of the committee and it has power to:

(a)Identify situations that may be a source of danger or hazard to workers

(b)Make recommendations to the employer and the workers for the improvement of health and safety of workers

(c)Recommend to the employer and workers the establishment, maintenance and monitoring of programs, measures and procedures respecting the health and safety (H&S) of workers

(d)Obtain information from the employer respecting,

i) identificationof potential or existing hazards of materials, processes or equipment, and

ii) health & safety experience and work practices and standards in similar or other industries which the employer has knowledge.

(e)Obtain information from the employer concerning the conducting or taking of tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent in or about the workplace for the purpose of OH&S

(f) Be consulted about, and have a designated member representing workers be present at the beginning of, testing referred to in section (e) conducted in or about the workplace if the designated member believes his/her presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid.

9 (19) The members of the committee who represent workers shall designate one of them who is entitled to bepresent at the beginning of testing described in section (18)(f)

Powers of either of the Co-Chairs of JHSC to submit recommendations on their own - Section 9 (19.1)

If the committee has failed to reach consensus about making recommendations under subsection (18)after attempting in good faith to do so, either co-chair of the committee has the power to make written recommendations to the employer.

Response to Recommendations- Section 9 (20) & (21)

9 (20)requires the employer to provide a written response within 21 calendar days, to any written recommendations from the committee or co-chair.

9 (21) The response must contain a timetable for implementing all recommendations the employer agrees with and give reasons why the employers disagrees with any recommendations they do not accept.

Inspections - Subsection 9 (23) (26), (27) and (28)

Worker members of the Committee (designated bythe worker members and where possible the designated members shall be a certified member) inspect the physical condition of the workplace once a month.The inspection will be conducted in accordance with a schedule developed by the committee.If it is not practical to inspect the entire workplace at least once a month, the designated worker member shall inspect the physical condition of the workplace at least once a year, inspecting at least a part of the workplace in each month.The employer and workers shall provide the designated worker member with information and assistance as required for the purpose of carrying out an inspection of the workplace. (We suggest as a minimum all high risk units should be inspected monthly)

Right of Worker JHSC member (s) to Investigate Critical Injuries or Fatalities - Subsection 9 (31)

The members of a committee who represent workers must designate one or more worker members to investigate cases in which a worker is killed or critically injured at a workplace from any cause. The designated member(s) may (subject tosubsection 51(2)of the Act) inspect the place where the accident occurred and any machine, device, or thing and must report his or her findings to a Director (MOL) and the JHSC

Entitlement to time from work section subsection 9 (34) (a) to (c)

A member of a committee is entitled to,

(a) one hour or such longer period of time as the committee determines is necessary to prepare for each committee meeting;

(b) such time as is necessary to attend meetings of the committee; and

Obtain Information from the Workplace Safety and Insurance Board - Subsection 12(1)

In workplaces which are subject to the Workplace Safety and Insurance Act, 1997 (WSIA), at the request of the employer, a worker, committee, health and safety representative or trade union, the Workplace Safety and Insurance Board (WSIB) must provide the requesting party with an annual summary of information about the employer.

This information must include:

Number of work-related fatalities
Number of lost work day cases
Number of lost work days
Number of non-fatal cases that required medical aid without lost work days
Incidence of occupational illnesses
Number of occupational injuries

The WSIB can include any other information it considers necessary or advisable.

Employer's Duty to Co-operate with the Committee - Section 25(2)(e)

Under the Act, an employer has a general duty to afford assistance and co-operate with and help the joint health and safety committee to carry out any of its functions.

In particular but not limited to, the employer is required to:

provide any information that the committee has the function and power to obtain from the employer
afford assistance to the committee to identify situations that may be a source of danger or Hazard to workers (s. 9 (18) (a)
respond to committee recommendations in writing, as described earlier subsection 9(20)
give the committee copies of all written orders and reports issued by the Ministry of Labour inspector subsection 57(10), and
report any workplace deaths, injuries and illnesses to the committee subsection 51 (1)52(1) (2)

General Duties of Employers - Section 25(1) a to d , (2)(a) to (m)

(1) An employer shall ensure that,

(a) the equipment, materials and protective devices as prescribed are provided;

(b) the equipment, materials and protective devices provided by the employer are maintained in good condition;

(d) the equipment, materials and protective devices provided by the employer are used as prescribed

(2) (a) provide information, instruction and supervision to a worker to protect the health or safety of the worker

(c)when appointing a supervisor, appoint a competent person

(h) take every precaution reasonable in the circumstances for the protection of a worker

(l) Provide to the committee the results of a report respecting OH&S that is in the employers possession andif it’s in writing a copy of the portions of the report that concerns OH&S e.g. investigation, debriefing, risk assessments, testing, action plans etc.)

(m) advise workers of the results of a report referred to in section (l) and, if the report is in writing, make available to them on request copies of the portions of the report that concern occupational health and safety.

Duties of Supervisors, Who is a supervisor, who is a competent person - Section 27 and Subsection 1 (1) (definitions)

Section 27 (2) requires supervisors to:

(a) advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware;

(b) where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and

Who is a supervisor?

A supervisor is a person who has charge of a workplace or authority over a worker subsection 1 (1)]

Who is a Competent Person?

A competent person is defined in the OHSA as someone who,

(a) is qualified because of knowledge, training and experience to organize the work and its performance,

(b)is familiar with this Act and the regulations that apply to the work, and

The OHSA requires that employers appoint a competent person as a supervisor (Section 25(2)(c)).

Duties of Workers - Section 28 (1) (a) to (d)

Workers play a key role in health and safety at the workplace. Workers have various duties under the Act. Under the Act, a worker must:

(a)Work in compliance with the Act and regulations

(b)Use or wear the equipment, protective devices (e.g. PPE, respirators) or clothing (e.g. gowns, gloves etc.) that his employer requires to be worn or used

(c)Report to his/her employer or supervisor the absence of or defect in any equipment or protective device of which worker is aware and could endanger himself, herself or another worker

(d)Report to his/her employer or supervisor any contravention of this Act or the regulations or the existence of any hazards of which he/she knows (e.g. including violent or aggressive patients, faulty or lack of personal alarms linked to security, staffing shortages that can risk worker safety, lack of security guards or insufficiently trained security guards etc.)

Workplace Violence - Section 32.0.1 – 32.0.5

Policies, Violence and harassment – s. 32.0.1

(a)prepare a policy with respect to violence

(b)prepare a policy with respect to workplace harassment

(c)review the policies as often as necessary, but at least annually

Program, violence – s. 32.0.2 (1) (2)

(1)An employer shall develop and maintain a program to implement the policy with respect to workplace violence required under section 32.0.1 (1) (a)

(2)Contents - without limiting the generality of subsection (1) the program shall:

(a)Include measures and procedures to control the risks identified in the assessment required under subsection 32.0.3 (1) as likely to expose a worker to physical injury;(if the employer has done a risk assessment and has identified risks to workers they now have a legal duty to control all of those risks)

(b)Include measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur; (e.g. we suggest you request personal panic alarms linked to security with GPS that are voice activated)

(c)includes measures and procedures for workers to report incidents of workplace violence to the employer or supervisor;

(d)set out how the employer will investigate and deal with incidents or complaints of workplace violence; and

(e)any other prescribed elements.

Assessment of Risks for Workplace Violence – s. 32.0.3 (1) to (5)

(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

(2)Considerations – The assessment shall take into account,

(a)circumstances that would be common to similar to workplaces;

(b)circumstances specific to the workplace; and

(c)any other prescribed elements

(3)Results – the employer shall,

(a)advise the JHSC or a H & S representative (in workplaces with 5-19 workers), if any, of the results of the assessment, and provide a copy if the assessment is in writing, and

(b)if there is no committee or JHSC rep, advise the workers of the results of the assessment, and if in writing, provide copies of the assessment upon request or advise the workers how to obtain a copy.

(4)Reassessment – an employer shall reassess the risks of workplace violence as often as is necessary to ensure that the related policy under section32.0.1 (1)(a) and the related program under subsection 32.0.2.(1) continue to protect workers from workplace violence.

(5)advise the JHSC or a H & S representative, if any, of the results of the assessment, and provide a copy if the assessment is in writing

Investigate Work Refusals - Section 43

A committee member who represents workers, a health and safety representative (in workplaces with 5-19 workers)or a worker who because of knowledge, experience and training is selected by a trade union that represents the workermust be present at the investigation of a work refusal. For more information, see Part V – The Right to Refuse or to Stop Work Where Health and Safety in Danger under the OHSA.

Reprisals Prohibited – Section 50 The Occupational Health and Safety Act prohibits employers from engaging in a reprisal against workers for obeying the OHSA or the regulations or exercising their rights by seeking enforcement of the OHSA or regulations.

An employer or person acting on behalf of an employer cannot

• dismiss (or threaten to dismiss) a worker

• discipline or suspend a worker (or threaten to do so)

• impose any penalty upon a worker, or

• intimidate or coerce a worker

Notice of death or injury and preservation of wreckage - Section 51(1)

(1)Where a person is killed or critically injured from any cause at a workplace, the employer shall notify the MOL inspector, JHSC, Health & Safety representative(in workplaces with 5-19 workers) and union, immediately of the occurrence by telephone or other direct means and the employer shall within forty eight (48) hours after the occurrence, send to the MOL a written report of the circumstances of the occurrence containing such information and particulars as the regulation may prescribe.

(2)Preservation of wreckage – where a person is killed or critically injured at a workplace, no person shall, except for the purpose of;

(a)saving a life or relieving human suffering;

(b)maintaining an essential public utility service or a public transportation system; or

(c)preventing unnecessary damage to equipment or other property,

interfere with, disturb, destroy, alter or carry away any wreckage, article or thing at the scene of or connected with the occurrence until permission so to do has been given by the MOL inspector.

Critical Injury – DefinedRegulation. 834

Section 1For the purposes of the Act and the Regulations, ‘critically injured’ means an injury of a serious nature that;

(a)places life in jeopardy;

(b)produces unconsciousness;

(c)results in substantial loss of blood;

(d)involves the fracture of a leg or arm but not a finger or toe;

(e)involves the amputation of a leg, arm, hand or foot but not a finger or toe

(f)consists of burns to a major portion of the body; or

(g)causes the loss of sight in an eye

Notice of accident, explosion, fire or violence causing injury -Section 52 (1)

If a person is disabled from performing his/her usual work or requires medical attention because of an accident, explosion, fire or incident of workplace violence at a workplace, but no person dies or is critically injured because of that occurrence, the employer shall, within four (4) days of the occurrence, give written notice of the occurrence containing the prescribed information and particulars (found in section 5 of the health care regulation outlined below)to the following:

the committee, the H&S representative (in workplaces with 5-19 workers)and the union
the MOL inspector

Notice of occupational illness – Section 52 (2)

If an employer is advised by or on behalf of a worker that the worker has an occupation illness or a claim in respect of occupational illness has been filed with WSIB by or on behalf of worker the employer must report within 4 days to the director MOL, JHSC and the Union and written report must contain all the prescribed information and particulars (found in section 5 of the Health Care regulation(Section 5 of the health care regulation applies to LTCH and Hospitals, if community it would be found in section 5 of the industrial regulations).(This includes any reports to the employer that the worker has or may have contracted an infectious disease from the workplace) (e.g. Norwalk virus, scabies etc.)

Obstruction of committee etc. – Section 62(5) (a) to (c)

No person shall:

(a)Hinder or interfere with a committee, a committee member or a health and safety representative in the exercise of a power or performance of a duty under this Act.

(b)furnish a committee, a committee member or a health and safety representative with false information in the exercise of a power or performance of a duty under this Act; or

(c)hinder or interfere with a worker selected by a trade union or trade unions or a worker selected by the workers to represent them in the exercise of a power or performance of a duty under this Act (if the employer is not cooperating in critical injury investigation – you could site this section)

Offences and Penalties – Section 66 (1) (2)

The Ministry may initiate a prosecution against any person (including employers and or their officers and directors, supervisors, and workers) who commits an offence by contravening the Act or the regulations, or for failing to comply with an order or requirement of an inspector, a director or the minister subsection 66(1). These prosecutions are conducted by the Ministry of the Attorney General Lawyers or paralegals (housed in MOL Legal Branch) on behalf of the Ministry of Labour.

If convicted, a court may impose a fine and/or jail term against an individual defendant. The maximum fine per charge for an individual is $25,000 and/or imprisonment for up to 12 months.

The maximum fine, which can be imposed on a corporation convicted of an offence, is $500,000 per offencesubsections 66 (1) and (2)

Heath Care and Residential Facilities Regulation - Section 5, 8, 9 and 10

It is important to know that the employers in long-term care and hospitals have additional responsibilities and must also comply with this regulation. For instance any measures, procedures and training the employer puts in place under any other provision of the OHSA must first be done so in consultation with the JHSC or H & S representative (in workplace with 5 to 19 workers) and the measures and procedures must be in writing.

Section 5 – This section lays out what information the employer must provide to the JHSC, or the Health and Safety Representative (HSR) and Union every time the accident/illness notification is triggered under section 52 of the OHSA. All information must be provided within 4 days of any accident or illness.

5. (2) If an accident, explosion or fire causes injury to a worker at a facility that disables the worker from performing his or her usual work, the written notice required by subsection 52 (1)of the Act shall include,

(a) the name and address of the employer;

(b) the nature and circumstances of the occurrence and of the bodily injury sustained by the worker;

(d) the time and place of the occurrence;

(e) the name and address of the worker who was injured;

(f) the names and addresses of all witnesses to the occurrence;

(g) the name and address of the physician or surgeon, if any, who is attending to or attended to the worker for the injury; and

(h) the steps taken to prevent a recurrence. O.Reg. 67/93, s.5 (2).

(3) If an accident, explosion or fire at a facility causes injury requiring medical attention but does not disable a worker from performing his or her usual work, the employer shall keep a record of that occurrence and the record shall include,