What is the Occupational Health and Safety Act in Ontario?

The Occupational Health and Safety Act (“OHSA”) addresses the rights and responsibilities of different parties in the workplace, outlines how workplace hazards should be dealt with, and provides enforcement mechanisms for parties that do not comply with the rules.

What are the Responsibilities of Employers Under the OHSA?

Under the OHSA, an employer must take every reasonable precaution to protect workers at their workplace. Section 25 of the OHSA prescribes specific duties of an employer, which include ensuring that:

• Workers have (and appropriately use) the needed equipment, materials, and protective devices
• The equipment, materials, and protective devices are in good condition
• The procedures outlined in the OHSA are applied in the workplace
• The building, structure, and workplace are in sound condition

Under the OHSA, employers are also required to:

• Provide information, instruction, and supervision to a worker regarding health and safety matters
• Provide relevant information to a medical practitioner in the event of a medical emergency
• Ensure that people that are appointed as supervisors are competent
• Address with workers the handling, storage, use, disposal, and transport of any potential workplace hazardous materials
• Assist and co-operate with health and safety committees and representatives
• Only employ or permit people who are of a certain age in their workplace
• Post a copy of the OHSA in the workplace
• Prepare an occupational health and safety policy and program annually, and post the policy in the workplace

Under the OHSA, the definitions of “worker” and “workplace” are broad. “Worker” is defined as someone who performs work or supplies services for monetary compensation, or a student who works for no compensation. “Workplace” is defined as any land, premises, location, or thing at, upon, in or near where a worker works. Having broad definitions for the terms “worker” and “workplace” grants OHSA protections to more than just employees by including workers that are not considered employees, such as independent contractors.

What are the Responsibilities of Workers Under the OHSA?

In section 28 of the OHSA, the duties of workers are outlined.

These duties include requiring that workers:

• Stay in compliance with the OHSA
• Use the equipment, protecting devices, or clothing that the employer requires
• Report any missing or defective equipment or protective equipment that the worker is aware could harm someone
• Report any violation of the OHSA or any hazard that the worker is aware of
• Must not operate any equipment, machine, device or thing or work in a way that could harm someone
• Do not do any prank, contest, feat of strength, unnecessary running, or rough behaviour

What are the Rights of Workers Under the OHSA?

There are three key rights for workers under the OHSA, which are the right to know, the right to participate, and the right to refuse.

1. The right to know

Workers have the right to know about hazards that exist in the workplace, get information about the hazards, and get trained on how to handle hazards. Training requirements are prescribed in Ontario Regulation 297/13.

2. The right to participate

Workers have the right to participate in identifying and addressing health and safety concerns. This participation can be in the form of participating in a joint health and safety committee or through a health and safety representative.

3. The right to refuse

Workers have the right to refuse work that they believe is dangerous to themselves or to another worker in the workplace. The right to refuse unsafe work is found in section 43(3) of the OHSA, which states:

(3) A worker may refuse to work or do particular work where he or she has reason to believe that,

(a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker;

(b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself;

(b.1) workplace violence is likely to endanger himself or herself; or

(c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker.

The right to refuse unsafe work was at issue in the 2017 Ontario Labour Relations Board decision of Toronto Elementary Catholic Teachers/Ontario English Catholic Teachers Association v. TCDSB. In this case, a teacher refused work, alleging that the refusal was within the teacher’s rights under the OHSA right to refuse unsafe work. Although the applicant’s situation was subject to some exemptions from section 43(3) due to the nature of their job as a teacher, the board addressed the law surrounding the right to refuse unsafe work. In order to refuse unsafe work, the worker must have a reasonable belief that they will be endangered if they continue to work. At that point, the worker can initiate a work refusal under section 43(3) of the OHSA.