Federal Occupational Health and Safety Requirements
As an employer you play an important role in preventing workplace injuries and promoting a safe and healthy workplace. As a federally regulated employer, under the Canada Labour Code (Part II) you have an obligation to properly inform, instruct, and supervise your employees and to do everything you reasonably can to protect them.
Employer responsibilities under the Canada Labour Code
An employer is defined as: “a person who employs one or more employees and includes an employers’ organization and any person who acts on behalf of an employer;”
All employers have a responsibility to ensure the health and safety of every person in the workplace.
Employers must ensure that employees have the necessary information, training and supervision to perform their jobs safely.
More information can be found in Pamphlet 2A – Employer and Employee Duties
Employee responsibilities
Employees must take all necessary precautions to ensure their own health and safety and that of any colleagues who may be affected by their work or activities.
More information can be found in Pamphlet 2A – Employer and Employee Duties
What rights do employees have?
All employees have the following three fundamental rights:
Right to know
All employees have a right to be informed of known or potential hazards in the workplace, and receive the training needed to do the job safely. All employees, new, transferred or experienced, should be made aware of:
- Workplace hazards
- Safe work procedures
- Emergency procedures
Right to participate
All employees have a right to participate in solving health and safety problems and in the identification and control of workplace hazards. Employees should know who the health and safety representatives/committee members are in case they have a question or concern related to workplace health or safety.
Right to refuse dangerous work
All employees have the right to refuse work they believe is dangerous to their health or safety, or to that of others. An employee can refuse work if they have reasonable cause to believe:
- the workplace presents a danger to them and/or others
- the use or operation of a machine or apparatus presents a danger to them or to another employee, and
- the performance of an activity constitutes a danger to them or to another employee
There is a procedure to be followed if an employee wishes to refuse dangerous work. More information can be found in Pamphlet 4 – Right to refuse Dangerous Work.
OHS Policy
OHS Program
Committees & Representatives
Posters, Signage, Printables
Violence, Harassment & Bullying
Orientation & Training
First Aid
Emergencies, Hazards & Communicable Disease
GHS (WHMIS)
Return to Work
Menstrual Products
Resources
OHS POLICY
Every federally regulated employer is required to have a health and safety policy.
The policy should be:
- Created in consultation with the Joint Health and Safety Committee or representative.
- Written and signed by senior management or business owner.
- Readily available to employees in printed and electronic form.
You should review the OHS policy at least annually and update it as needed to be current with workplace changes and government legislation.
CFIB members can access a template in the Member Portal.
OHS PROGRAM
As an employer, you have responsibilities in preventing workplace accidents and injuries and promoting safe and healthy workplaces.
Employers must ensure that:
- Employees have the information, training, and supervision to perform their jobs safely.
- Workplace investigations are conducted.
- Inspections are performed regularly.
- Accident reporting is done thoroughly.
- A Hazard Prevention Program is implemented.
The Government of Canada doesn’t specify when an OHS program is necessary; however, it is recommended if you have an JOHS committee (needed at 20 workers) you should develop an OHS program to meet your business needs. General information about what on OHS program may contain is available at CCOHS Health and Safety Program page.
COMMITTEES & REPRESENTATIVES
A workplace health and safety committee (WHSC) is a formal group made up of employees and management to address and promote workplace health and safety matters. Its primary purpose is to facilitate communication between management and employees to identify, assess, and address health and safety issues within the workplace.
Workplace health and safety committees must be established in workplaces under federal jurisdiction where there are 20 or more employees.
These committees have many duties including the following:
- Quickly handling health and safety complaints.
- Getting involved in investigations and studies related to employee health and safety.
- Helping with the distribution and monitoring of personal protective gear and equipment. If there's no main committee for this, they also assist in creating the plan.
- Contributing to the implementation of changes that affect workplace health and safety, such as new work processes or procedures. If there's no main committee for this, they will also help plan these changes.
- Regularly inspecting different parts of the workplace every month to ensure that the entire workplace gets inspected at least once a year.
Employees sitting on the workplace health and safety committee must receive training and compensation for participating in meetings and carrying out their duties.
For more details about the requirements for the WHS committees please see the Federal Workplace health and safety committee page.
POSTERS, SIGNAGE, PRINTABLES
Federally regulated businesses must post the following information:
- A copy of Part II of the Canada Labour Code.
- A general health and safety policy.
- Any other health and safety printed material that may be directed by a health and safety officer or that's prescribed.
- Names, workplace phone numbers and work locations of all workplace health and safety committee members or the health and safety representative.
- Notice of danger affixed to or near the place, machine, thing, or area that has been deemed dangerous by the Head of Compliance and Enforcement.
- A copy of a direction or report from a health and safety officer.
- The telephone number of a contact person to whom health or safety concerns regarding indoor air quality in the workplace can be directed.
- Information regarding first aid to be rendered for any injury, occupational disease, or illness.
- The location of first aid stations and first aid rooms.
- A list of first aid attendants and information on how they may be located.
- A list of telephone numbers kept up to date for use in emergencies.
- Information regarding transport procedures for injured employees.
- Details of evacuation plans and procedures.
VIOLENCE, HARASSMENT & BULLYING
All employers working in a federally regulated industry or workplace must:
- understand the definition of workplace harassment and violence
- develop a workplace harassment and violence prevention policy with the representative, committee, or policy committee.
- conduct a workplace risk assessment with your representative, committee or policy committee.
- inform and instruct your employees about the policy. Everyone in the workplace, including the employer, must participate in training about harassment and violence.
- Keep records on every occurrence of harassment and violence in the workplace and report annually to the Labour Program.
Definitions
According to Part II of the Canada Labour Code (the Code), harassment and violence means “any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.”
This includes all types of harassment and violence, including sexual harassment, sexual violence, and domestic violence.
Policy
The policy should be made in conjunction with your workplace health and safety representative, committee, or policy committee. A policy should normally:
- Include the employer’s commitment to prevent and protect employees against harassment and violence.
- Describe the roles of workplace parties in relation to harassment and violence in the workplace.
- Describe the risk factors that contribute to workplace harassment and violence.
- List training that you will provide about workplace harassment and violence.
- Include the resolution process employees should follow if they witness or experience workplace harassment or violence.
- Include the reason for which a review and update of the workplace assessment must be conducted.
- Include the emergency procedures that must be implemented when:
- an occurrence poses an immediate danger to the health and safety of an employee
- when there is a threat of such an occurrence
- Describe how the employer will protect the privacy of the persons involved in:
- an occurrence
- the resolution process for an occurrence
- Describe any recourse that may be available to persons involved in an occurrence.
- Describe the support measures that are available to employees, and
- Name the person designated to receive complaints related to the employer’s non-compliance with the Code or Regulations
For more information, consult the harassment and violence prevention user guide, before reviewing the sample policy. Note that these samples are based on organizations of 300 or more employees.
CFIB members can access anti-violence, anti-harassment, and anti-bullying templates in the Member Portal.
ORIENTATION & TRAINING
There is no specific training required by all workers. Training is based on a worker’s role and is determined by the workplace.
As an employer, you must ensure that employees have the necessary information, training, and supervision to perform their work safely. This includes:
- an appropriate understanding of overall work safety procedures
- knowledge of the safe use of workplace tools and equipment
- awareness of known or foreseeable workplace hazards
Whenever possible, training sessions should include documentation.
Managers, supervisors, health and safety committees, and representatives must also understand their roles and responsibilities under the Code.
Note: depending on products used in the workplace, GHS/WHMIS training may be required.
FIRST AID
First aid is emergency care given immediately to an injured person. The purpose of first aid is to minimize injury and future disability. In serious cases, first aid may be necessary to keep the victim alive.
First aid requirements are typically made up of 3 parts:
- First aid kits and supplies
- First aid trained providers
- Other employer responsibilities
First aid kits
The number and type of kits required depends on the number of employees you have. Requirements for number of first aid kits can be found in the Canada Labour Code, Section XVI First Aid, Schedule I.
The contents of each of the required first aid kit types can be found here. First aid suppliers will also identify these kits by stating they meet federal regulation standards.
Remote workplaces require additional supplies.
First aid providers
A first aid attendant is required at every workplace where there are six or more employees. If the workplace is remote (a location where the ambulance response time is more than 2 hours), an attendant is required where there are two or more employees.
For every workplace that is required to have an attendant, and the workplace is an office setting:
- If ambulance response time is up to 2 hours, a basic first aid certificate is required.
- If ambulance response time is more than 2 hours, a standard first aid certificate is required.
For every workplace that is required to have an attendant, and the workplace is any other workplace than an office setting:
- If ambulance response time is less than 20 minutes, a basic first aid certificate is required.
- If ambulance response time is more than 20 minutes, a standard first aid certificate is required.
Other employer responsibilities
Every employer must have written instructions that provide for prompt rendering of first aid to an employee.
Every business is required to have at least one first aid station that has the appropriate first aid supplies and materials.
Employers shall post and make available to all employees:
- a description of the first aid to be rendered for any injury or occupational illness
- information regarding the location of first aid stations and materials
- a list of first aid attendants and where/how they can be contacted
- an emergency communication list of phone numbers
- a description of transportation procedures
There is more information about first aid best practices at the Canadian Centre for Occupational Health and Safety First Aid page.
EMERGENCIES, HAZARDS & COMMUNICABLE DISEASE
Under the Canada Labour Code Regulations Part XVII, Section 17.5, every employer needs to work together with the workplace safety committee or safety representative, and talk to employers of people in the building not covered by the Act, to create emergency procedures for different situations:
- For situations where someone does something dangerous (except harassment and violence) that could hurt the employer or employees.
- For situations where there might be a dangerous spill, leak, or build-up of hazardous materials in areas the employer controls.
- For buildings with more than 50 employees and leaving the building isn't the safest option.
- For when the lights go out.
- For when there's a fire.
These emergency plans should include:
- An evacuation plan if needed, especially one that helps employees who need extra help during a fire.
- A detailed guide on what to do in each scenario.
- Where to find emergency equipment provided by the employer.
- A map of the building showing its name and address, and the owner's name and address.
Also, when planning how to evacuate employees who need extra help, those employees should be involved in the planning process.
CFIB Resources
- How to keep your business afloat during a flood
- Storm day policy: a good plan for bad weather
- Emergency preparedness: 5 things you need to do
CFIB members can access an Emergency Preparedness Guide and a Communicable Disease Prevention Plan in the Member Portal.
GHS (WHMIS)
WHMIS (Workplace Hazardous Materials Information System) and GHS (Globally Harmonized System) are world-wide systems providing information on hazardous materials used in the workplace. Workers that could be exposed to these materials need to be educated and trained in how to protect themselves.
Do my employees need to take this training?
Every Canadian jurisdiction requires WHMIS/GHS training to protect workers who work with hazardous materials. The Canadian Centre for Occupational Health and Safety has listed the classes of hazardous material, with examples. If any of these hazardous materials are in your workplace, WHMIS training is required.
Items brought into a workplace packaged in normal consumer quantities do not require WHMIS. For example, a 4L bottle of bleach is not considered a hazardous material, while a 45-gallon drum of bleach is considered a hazardous material. Similarly, supplies such as photocopier toner and whiteboard cleaner in consumer quantities are not considered hazardous and do not require WHMIS. It is good practice to have safe work procedures for the use and clean-up of these types of products.
Where can we access training?
CFIB members and their employees have access to free WHMIS training through our Discounts Partner, Vubiz. This training provides a good foundation with regard to WHMIS and can be used as a starting point for your workplace training.
A WHMIS training program must be tailored to each individual workplace and address the following issues:
- The contents, purpose, and significance of the information required on labels and safety data sheets (SDSs).
- Employees must be able to identify and interpret any special labelling or identification systems used to deal with the controlled product.
- Procedures for the safe use, storage, handling, and disposal of controlled products.
- The proper use and care of personal protective equipment.
- Procedures for special storage systems, working in the presence of hazardous emissions and for emergencies involving controlled products.
- Product-specific training on health and safety hazards.
It is up to the employer to ensure that each worker who is required to have WHMIS training understands the training material and can put the training into practice while on the job. An employer must review the training program yearly or more often if conditions at the workplace change or if new information on a controlled product becomes available.
Are there any resources that can help me understand the requirements?
Other resources for WHMIS/GHS are also available:
- Canadian Centre for Occupational Health & Safety
- Provincial/Territorial Workers’ Compensation Boards/Commissions
- Local safety associations/councils
RETURN TO WORK
A return to work (RTW) plan is a tool to help ill or injured employees return to employment in a timely and safe manner. Returning to work is an essential part of the recovery process and can also help limit the impact a workers’ compensation claim has on your business if the injury was received at work.
CFIB article: Return to Work: Be prepared. Save your business
MENSTRUAL PRODUCTS
Under the federal OHS regulations, employers must provide menstrual products in workplaces they control. Menstrual products must be made available in all washrooms, regardless of indicated gender. Disposal units must also be provided.
More information: Requirements for employers to provide menstrual products in federally regulated workplaces
RESOURCES
Reports and Publications: Occupational Health and Safety
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