Understanding Ontario’s Health and Safety Requirements | CFIB

In Ontario (ON), Occupational Health and Safety (OHS) is legislated through the Ministry of Labour, Training and Skills Development. As well as the Occupational Health and Safety Act (OHSA), there are 25 regulations. 

In Ontario, a worker is anyone that is regularly employed full time, part time or seasonal (expected to last 3 months or more) 

An Internal Responsibility System (IRS) helps to support a safe and healthy workplace. Under the IRS, everyone has a part to play in keeping the workplace safe. 

Employer's duties regarding Health & Safety:  

• instruct, inform and supervise workers to protect their health and safety
• assist in a medical emergency by providing any information, including confidential business information, to a qualified medical practitioner and other prescribed persons for the purpose of diagnosis or treatment
• appoint competent persons as supervisors "Competent person" is a defined term under the OHSA as a person who:
  • is qualified because of knowledge, training and experience to organize the work and its performance,
  • is familiar with the Act and the regulations that apply to the work, and
  • has knowledge of any potential or actual danger to health or safety in the workplace
• 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.
• help joint health and safety committees (JHSCs) and health and safety representatives to carry out their functions
• not employ or permit persons under the prescribed age for the employer's workplace, to be in or near the workplace
• take every precaution reasonable in the circumstances for the protection of a worker
• post a copy of the OHSA in the workplace, 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
• in workplaces in which more than five workers are regularly employed, prepare a written occupational health and safety policy, review that policy at least once a year and set up and maintain a program to implement it
• post a copy of the occupational health and safety policy in the workplace, where workers will be most likely to see it
• provide the JHSC or the health and safety representative with the results of any occupational health and safety report that the employer has. If the report is in writing, the employer must also provide a copy of the parts of the report that relate to occupational health and safety
• advise workers of the results of such a report. If the report is in writing, the employer must, on request, make available to workers copies of those portions that concern occupational health and safety
• notify a Director of the MLITSD if a JHSC (or a health and safety representative) has identified potential structural inadequacies of a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, as a source of danger or hazard to workers 

What are the worker's duties? 

• comply with the Act and regulations
• use or wear any equipment, protective devices or clothing required by the employer
• report to the employer or supervisor any known missing or defective equipment or protective device that may endanger the worker or another worker
• report any hazard or contravention of the Act or regulations to the employer or supervisor
• not remove or make ineffective any protective device required by the employer or by the regulations other than in this circumstance:
  • where an adequate temporary protective device is provided in its place. Once there is no longer a need to remove the required protective device or to make it ineffective, it must be replaced immediately.
• not use or operate any equipment or work in a way that may endanger any worker, and
• not engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct.

OHS Policy
OHS Program
Committees & Representatives
Posters, Signage, and Printables
Violence, Harassment, & Bullying
Young Workers
Orientation & Training
Working Alone
Accessibility
First Aid
Emergencies, Hazards and Communicable Disease
GHS (WHMIS)
Return to Work

OHS POLICY 

A general OHS policy is required when there are 6 or more employees.

A sample policy is available on the government website. CFIB members can also access a template Health and Safety policy in the Member Portal.  

As per the Occupational Health and Safety Act, the Health and Safety Policy must be reviewed at least annually, and a program to implement that policy must be maintained.  

OHS PROGRAMS 

An OHS Prevention program is required when there are 6 or more employees. This program will detail how the health and safety policy will be implemented. The program will be different for every workplace, as it will depend on the hazards and risks associated with the workplace.  

The government has a Safety Plan Builder to help you identify risks and create a customized plan. 

COMMITTEES & REPRESENTATIVES 

A Health and Safety (H&S) Representative is required when there are 6-19 employees and should be selected by workers at the workplace who are not in management positions, or by the union in a unionized workplace. 

H&S Representatives should have a broad foundational knowledge of health and safety. A one-day e-Learning course has been developed to help Representatives understand the legislation and their responsibilities. If you wish to develop your own training program, please review the program guidelines. 

A Health and Safety Committee is required in workplaces with 20 or more employees. If you have 20-49 employees, the committee must have at least 2 members (one representing the workers, one representing management) and if you have 50 or more employees, the committee must have at least 4 members, at least half of whom must be workers not involved in the management of the workplace. The committee must meet at least every 3 months, and the meetings can be held in-person or virtually. 

Post the names and work location of the committee members in a prominent place in the workplace. 

POSTERS, SIGNAGE, PRINTABLES 

Businesses with one or more workers must post/provide the following:  

• Employment standards poster: What you need to know  
  • Provide to employees within 30 days of their date of hire
• Workplace Safety Insurance Board poster
  • Must be posted in a prominent place if your workplace is covered by WSIB
• Occupational Health and Safety poster
  • Must be printed on letter size paper or larger, in black & white or colour
  • Must be displayed in English and the majority language of the workplace
• No Smoking No Vaping Signs  
  • Must be posted where people cannot smoke tobacco or cannabis, or vape anything
• OHS Act & Regulations – The Green Book
  • Updated every year based on legislative changes
  • Sectoral Green Books and amendment inserts are also available
  • A free copy is available, but it is a large file
  • Can be bought online or by phone at 1-800-668-9938
• If you have a JHSC, you must post the names of the committee members
• If you have 5 or more employees you must post all health and safety policies, including the OHS Policy, Workplace Violence Policy, and Workplace Harassment Policy. 

Employers may use a “readily accessible electronic format” to meet workplace posting requirements of the following documents: 

• Joint Health and Safety Committee names and work locations
• Requested WSIB annual summaries (of work accident fatalities, etc.)
• Occupational Health and Safety Act
• Occupational health and safety policies
• Workplace violence and workplace harassment policies, including written policies ordered by an inspector for employers with five or fewer employees.  

A “readily accessible electronic format” means:

• the employer provides workers with direction on where and how to access the information, and
• the information is posted in an electronic format that can be readily accessed by workers in the workplace, for example a specific location on SharePoint.

VIOLENCE, HARASSMENT, & BULLYING 

Employers must address unwanted behaviours in a timely fashion to avoid harassment becoming violence. 

All businesses in Ontario, regardless of number of employees, must have a policy on workplace violence. The policy must be reviewed at least annually. 

If there are 6 or more workers in the workplace, then the policy must be written and posted in a prominent place. 

Employers must do a violence risk assessment, taking into account the type of work performed, the design of the workplace and the conditions of work. The results of the assessment must be shared with the JHSC (if there is one) or with the workers. The assessment must also be used to ensure the workplace violence policy will be effective. 

A sample policy can be found on the government website. CFIB members can access a free policy template through the Member Portal. 

Employers must also develop a workplace violence program that includes:

• Measures to control the risks identified in the risk assessment
• Details on summoning assistance in situations of violence or potential violence
• Measures and procedures for reporting incidents of workplace violence
• How the employer will investigate and deal with incidents/complaints of workplace violence

More information on workplace violence programs can be found here. 

All businesses in Ontario, regardless of number of employees, must have a policy on workplace harassment. The policy must be reviewed at least annually. 

If there are 6 or more workers in the workplace, then the policy must be written and posted in a prominent place. 

The workplace harassment policy should encourage workers to come forward and report workplace harassment concerns.

A sample workplace harassment policy can be found on the government website. CFIB members can access a template policy in the Member Portal. 

Employers must also develop a workplace harassment program that includes:

• How to report incidents of workplace harassment and who to report them to
• How incidents will be investigated and dealt with
• A statement that all information gathered during an investigation will be kept confidential, unless disclosure is necessary for investigating the complaint, or required by law
• How the investigation results will be shared with the alleged victim and alleged harasser

More information on developing a workplace harassment program can be found here. 

YOUNG WORKERS 

Young workers must be trained in health and safety just like all other employees, and they also have the same rights:

• The right to know about potential hazards and how they are being controlled
• The right to participate in identifying and resolving health and safety issues
• The right to refuse work they believe is dangerous to their health, or the health of others.  

While there is no specific training for young workers, it is important they are aware of and fully understand any potential hazards.

ORIENTATION & TRAINING 

The Ontario government has developed two training courses – one for workers and one for supervisors. These awareness courses are designed to meet the training requirements under the regulations, and all employees must take the course relevant to their position. 

At least 2 members of the JHSC must take mandatory training: Basic Certification and Workplace-Specific Hazard Training. This must be done through a Ministry of Labour-approved trainer. 

If the employee will be working at heights, using a fall protection device, then they must be trained before using the fall protection. 

WORKING ALONE

An employee is considered to be working alone when they cannot be seen or heard by another employee, they will be alone for some time, or if help is not readily available.  

Ontario does not have specific legislation regarding working alone; however, as per the Industrial Establishments Regulation, some activities require a minimum number of workers. 

If employees will be working alone, then it would be best practice to have a Working Alone Procedure - CFIB members can access a template in the Member Portal. The procedure outlines how the employee will be checked on. 

ACCESSIBILITY

Under the Accessibility for Ontarians with Disabilities Act (AODA), businesses have certain responsibilities. Those responsibilities are determined by the number of workers. 

If you are self-employed and have no employees you are exempt from the AODA. 

FIRST AID 

All businesses need:  

• A noticeboard displaying
  • the poster “In Case of Injury”
  • The valid first aid certificates of the trained workers on duty
  • Inspection card to record the most recent inspection of the first aid kit, including the signature of the person doing the inspection
• A First Aid Station
  • with a first aid box/kit containing all the items required
  • in the charge of a worker who has a valid first aid certificate and works in the vicinity of the station

There must always be at least one person on site who has a valid first aid certificate. The number of trained First Aid providers depends on the number of workers during the shift: 

• Where there are 5 or fewer employees, there must be at least one worker per shift with a valid emergency first aid certificate.
• Where there are 6 or more employees, there must be at least one worker with a standard first aid certificate. 

First Aid training must be done through a WSIB-approved training organization. 

First Aid kits must meet the requirements of either Regulation 1101 or CSA Z1220-17. 

EMERGENCIES, HAZARDS & COMMUNICABLE DISEASE 

There is no legal requirement to have an Emergency Response Plan, a Business Continuity Plan, a Communicable Disease Prevention Plan, or an Evacuation Plan, but having them is best practice. 

An Emergency Response Plan can be part of the OHS Program and documents essential procedures and reference lists. Having an emergency response plan will also help you draft a Business Continuity Plan, a document that identifies hazards, ways to minimize risk, and ensures the minimum disruption to your business during an emergency.

A Communicable Disease Prevention Plan can also form part of the OHS program, and provides guidelines for employees who have, or suspect they have, a communicable disease such as the flu. CFIB members can access a template in the Member Portal.

We have information on our website regarding flood mitigation and the benefits of having a storm day policy. 

 
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. Employees need to know how to work safely, but that doesn’t necessarily mean you need to implement costly training programs.

More information on WHMIS requirements in ON can be found in the guide to the legislation. 

You can also find information on our website and the Canadian Centre for Occupational Health and Safety website.  

RETURN TO WORK  

Return to work is a standardized process for when an injured employee is ready to reintegrate back into the workplace. 

Employer responsibilities

1. Report your employee’s injury or illness to WSIB by submitting a Form 7.
2. Get in touch with your employee as soon as possible after the injury or illness.
3. Stay in touch with your employee throughout their recovery and return to work.
4. Try to provide suitable work. Suitable work is work that:
   1. is safe,
   2. is productive,
   3. is within your employee’s functional abilities, and
   4. matches your employee’s pre-injury pay as closely as possible.
5. Provide WSIB with any information we request about your employee’s return to work.
6. Offer to re-employ your employee if they can perform the essential duties of the pre-injury job or other suitable work.
7. Let WSIB know of any disputes or disagreements between you and your employee about their return to work.
8. Co-operate in the return-to-work process. If you choose not to co-operate in the return-to-work process, WSIB will educate you on your obligation. If you still do not co-operate, a penalty may be levied.  Read more about co-operating in the return-to-work process.