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Posted on: 02 Dec 2020

occupational health and safety act ontario

Information to be provided to Chief Prevention Officer. R.S.O. 22 (1) The Workplace Safety and Insurance Board shall require Schedule 1 and Schedule 2 employers under the Workplace Safety and Insurance Act, 1997 to make payments to defray the cost of administering this Act and the regulations. (5.2) The training described in subsection (5.1) shall meet such requirements as may be prescribed. 22.2 (1) The Minister shall establish a council to be known as the Prevention Council in English and Conseil de la prévention in French. (5) The decision of the Board is final. (7) If it is not practical to inspect the workplace at least once a month, the health and safety representative shall inspect the physical condition of the workplace at least once a year, inspecting at least a part of the workplace in each month. 2001, c. 9, Sched. 2011, c. 11, s. 2. 30, s. 5. R.S.O. 1990, c. O.1, s. 46 (6); 1998, c. 8, s. 53 (6). with subsection 28(3) of the Occupational Health and Safety Act (the Act), a worker must consent to participate. (5) Subsection (3) also applies with respect to the results of the reassessment. 8 (1) At a project or other workplace where no committee is required under section 9 and where the number of workers regularly exceeds five, the constructor or employer shall cause the workers to select at least one health and safety representative from among the workers at the workplace who do not exercise managerial functions. 1998, c. 8, s. 56 (1); 2011, c. 11, s. 13 (3). 4, s. 2 (2). 4, s. 1 (3). 27 (1) A supervisor shall ensure that a worker, (a)  works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and. (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. (a)  an employee in the Ministry or a person who acts as an advisor for the Ministry; (b)  an employee in the Office of the Worker Adviser or the Office of the Employer Adviser; (c)  the Board or a labour relations officer; (d)  a health and safety representative or a committee member; or. 2. (b)  furnished by the employer to the committee or health and safety representative, if any, for the workplace or a worker selected by the workers to represent them, if there is no committee or health and safety representative. 2009, c. 23, s. 3. (iii)  any work is performed by way of trade or for the purposes of gain in or incidental to the making of any goods, substance, article or thing or part thereof, (iv)  any work is performed by way of trade or for the purposes of gain in or incidental to the altering, demolishing, repairing, maintaining, ornamenting, finishing, storing, cleaning, washing or adapting for sale of any goods, substance, article or thing, or. In the case of an appeal by an employer, the employer’s workers and each trade union representing any of the workers. 2011, c. 11, s. 3. R.S.O. The Ontario Occupational Health & Safety Act and Regulations (known as the Green Book), is updated annually based on legislative and regulatory changes. It sets out the rights and duties of all parties in the workplace. 3, s. 1. (2) Although a warrant issued under section 56 would otherwise be required, an inspector may exercise any of the powers described in subsection 56 (1) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant. (2) A Director may exercise any of the powers or perform any of the duties of an inspector under this Act or the regulations. (9) The constructor or employer shall select the remaining members of a committee from among persons who exercise managerial functions for the constructor or employer and, to the extent possible, who do so at the workplace. (7) Before recommending to the Lieutenant Governor in Council that a regulation be made under subsection (6), the Minister shall seek the advice of the Chief Prevention Officer and require the Chief Prevention Officer to seek the advice of the Prevention Council with respect to the matters to be prescribed. (c)  if the incident occurs at a prescribed location, the person prescribed for that location. Consolidation Period: From April 30, 2018 to the e-Laws currency date. 2011, c. 11, s. 8 (2). The OHSA sets out minimum health and safety standards to protect workers against hazards on the job. (23) Subject to subsection (24), the members of a committee who represent workers shall designate a member representing workers to inspect the physical condition of the workplace. The worker consents to the referral. The designated worker shall comply with this section as if the worker were a committee member while exercising a committee member’s rights and responsibilities. occupational health and safety in Ontario workplaces, reinforced the Internal Responsibility System (IRS) and the workplace structures, in particular the joint health and safety committees. Notes : See coming into force provision and notes, where applicable. (f)  no person shall disclose any information obtained in any medical examination, test or x-ray of a worker made or taken under this Act except in a form calculated to prevent the information from being identified with a particular person or case. (7) The decision of the Board on an application is final. 2011, c. 11, s. 8 (2). (6) An employer shall consult with the committee and the health and safety representative, if any, on making safety data sheets available in the workplace or furnishing them as required by clauses (1) (a) and (b) and subsection (1.1). (2) If no health and safety representative is required under subsection (1) and no committee is required under section 9 for a workplace, the Minister may, by order in writing, require a constructor or employer to cause the workers to select one or more health and safety representatives from among the workers at the workplace or part thereof who do not exercise managerial functions, and may provide in the order for the qualifications of such representatives. (a)  a workplace at which workers described in clause 43 (2) (a), (b) or (c) are employed; or. R.S.O. Enabling Act: CANADA LABOUR CODE. (i)  on the prevention of workplace injuries and occupational diseases, (ii)  for the purposes of the provincial occupational health and safety strategy and the annual report under section 22.3, and. (11) A health and safety representative has the power. (a)  provide information, instruction and supervision to a worker to protect the health or safety of the worker; (b)  in a medical emergency for the purpose of diagnosis or treatment, provide, upon request, information in the possession of the employer, including confidential business information, to a legally qualified medical practitioner and to such other persons as may be prescribed; (c)  when appointing a supervisor, appoint a competent person; (d)  acquaint a worker or a person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent; (e)  afford assistance and co-operation to a committee and a health and safety representative in the carrying out by the committee and the health and safety representative of any of their functions; (f)  only employ in or about a workplace a person over such age as may be prescribed; (g)  not knowingly permit a person who is under such age as may be prescribed to be in or about a workplace; (h)  take every precaution reasonable in the circumstances for the protection of a worker; (i)  post, in the workplace, a copy of this Act and any explanatory material prepared by the Ministry, both in English and the majority language of the workplace, outlining the rights, responsibilities and duties of workers; (j)  prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy; (k)  post at a conspicuous location in the workplace a copy of the occupational health and safety policy; (l)  provide to the committee or to a health and safety representative the results of a report respecting occupational health and safety that is in the employer’s possession and, if that report is in writing, a copy of the portions of the report that concern occupational health and safety; and. R.S.O. 2009, c. 23, s. 3. (8) For the purposes of subsection (7), any advice provided by the Council shall be communicated by the chair of the Council. (b)  there is a change in circumstances that may affect the health or safety of a worker. (7) An inspector shall investigate the refusal to work in consultation with the employer or a person representing the employer, the worker, and if there is such, the person mentioned in clause (4) (a), (b) or (c). (3) An employer to whom subsection (2) applies shall post prominent notices identifying and warning of the hazardous physical agent in the part of the workplace in which the thing is used or operated or is to be used or operated. 1990, c. O.1, s. 8 (9). 2016, c. 37, Sched. Occupational Health and Safety Act ... - Publications Ontario ... ! 1990, c. O.1, s. 2. 1998, c. 8, s. 57 (2). (C)  in accordance with good engineering practice, if sub-subclauses (A) and (B) do not apply; (n)  require in writing an owner of a mine or part thereof to provide, at the owner’s expense, a report in writing bearing the seal and signature of a professional engineer stating that the ground stability of, the mining methods and the support or rock reinforcement used in the mine or part thereof is such that a worker is not likely to be endangered; (o)  require in writing, within such time as is specified, a person who is an employer, manufacturer, producer, importer, distributor or supplier to produce records or information, or to provide, at the expense of the person, a report or evaluation made or to be made by a person or organization having special, expert or professional knowledge or qualifications as are specified by the inspector of any process or biological, chemical or physical agents or combination of such agents present, used or intended for use in a workplace and the manner of use, including. R.S.O. 16, s. 2. (15) If there is more than one certified member representing workers, the workers or the trade unions who selected the members representing workers shall designate one or more certified members who then become solely entitled to exercise the rights and required to perform the duties under this Act of a certified member representing workers. (6) In making a finding under subsection (5), the Board shall determine, using the prescribed criteria, whether the constructor or employer has demonstrated a failure to protect the health and safety of workers and shall consider such other matters as may be prescribed. 2001, c. 26, s. 2. 1998, c. 8, s. 56 (1). 56.1 (1) An inspector who executes a warrant issued under section 56 may seize or examine and copy any drawings, specifications, licence, document, record or report or seize or examine any equipment, machine, device, article, thing, material or biological, chemical or physical agent, in addition to those mentioned in the warrant, that he or she believes on reasonable grounds will afford evidence in respect of an offence under this Act or the regulations. (3) The Minister is entitled to be a party to a proceeding before the Board. (2) An application under subsection (1) shall be made only in respect of such types of confidential business information as may be prescribed. 32.0.3 (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. 2016, c. 37, Sched. 1990, c. O.1, s. 9 (10). (b)  the day upon which an inspector becomes aware of the alleged offence. (3) At the request of any person, the medical officer of health shall make available to the person for inspection a copy of any safety data sheet requested by the person and in the possession of the medical officer of health. 4.1 (1) The Minister is responsible for the administration of this Act. 1990, c. O.1, s. 33 (3). Committee to determine maximum entitlement. R.S.O. 2011, c. 11, s. 8 (2). 2011, c. 11, s. 13 (1). (5.3) A health and safety representative is deemed to be at work while he or she is receiving the training described in subsection (5.1), and the representative’s employer shall pay the representative for the time spent, at the representative’s regular or premium rate as may be proper. I, s. 3 (11). apply with all necessary modifications. 2011, c. 11, s. 13 (4). R.S.O. (5) The board of directors and officers may continue to act to the extent authorized by the Minister, but any such act is valid only if approved, in writing, by the administrator. 67 (1) In any proceeding or prosecution under this Act. 1990, c. O.1, s. 54 (4). 1990, c. O.1, s. 1 (1); 1993, c. 27, Sched. 2009, c. 23, s. 8. Subsections 9 (35) and 43 (13), section 55, clauses 62 (5) (a) and (b) and subsection 65 (1) apply to the designated worker as if the worker were a committee member while the worker exercises a committee member’s rights and responsibilities. 2011, c. 1, Sched. Concern for Occupational Health and Safety (OHS) in Canada can be traced back to the late nineteenth century, when the Workmen’s Compensation for Injuries Act (1886) of Ontario was introduced, establishing safety standards such as mandating guards on machines. 1990, c. O.1, s. 23. 32.0.6 (1) An employer shall, in consultation with the committee or a health and safety representative, if any, develop and maintain a written program to implement the policy with respect to workplace harassment required under clause 32.0.1 (1) (b). R.S.O. In the case of an appeal by a worker or trade union representing a worker, the worker’s employer. (8) The Chief Prevention Officer shall provide an annual written report to the Minister on occupational health and safety that includes a measurement of the achievement of the goals established in the strategy, and that contains such other information as the Minister may require. I, s. 3 (4). (1.4) The warrant may contain terms and conditions in addition to those provided for in subsections (1) to (1.3) as the justice of the peace or provincial judge, as the case may be, considers advisable in the circumstances. No amending legislation available on CanLII. 50 (1) No employer or person acting on behalf of an employer shall. 1990, c. O.1, s. 47 (1); 1998, c. 8, s. 54. (2) Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. 35 Prior to a substance being designated under paragraph 23 of subsection 70 (2), the Minister, (a)  shall publish in The Ontario Gazette a notice stating that the substance may be designated and calling for briefs or submissions in relation to the designation; and. (22) A committee shall maintain and keep minutes of its proceedings and make the same available for examination and review by an inspector. 1990, c. O.1, s. 8 (4). (12) A Director is not required to hold or afford to an employer or any other person an opportunity for a hearing before making an order under subsection (1). Non-unionized workers, the Workplace Safety and Insurance Board and persons with occupational health and safety expertise. (3) The administrator has the exclusive right to exercise the powers and perform the duties of the board of directors and its officers and exercise the powers of its members. 34/14. 7.5 (1) The Chief Prevention Officer may collect information about a worker’s successful completion of an approved training program for the purpose of maintaining a record of workers who have successfully completed approved training programs. (e)  a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable of supporting any loads that may be applied to it. R.S.O. incorporates by reference all or part of this Act or the regulations made under it, the Board and any person having powers under this Act may exercise any powers conferred by the regulation under the Canada Labour Code. (e)  filed by the employer with a Director on request or if so prescribed. Occupational Health and Safety Act: New & Increased Set Fines Recent changes to Ontario health and safety law raise maximum fines against convicted individuals and corporations. 57 (1) Where an inspector finds that a provision of this Act or the regulations is being contravened, the inspector may order, orally or in writing, the owner, constructor, licensee, employer, or person whom he or she believes to be in charge of a workplace or the person whom the inspector believes to be the contravener to comply with the provision and may require the order to be carried out forthwith or within such period of time as the inspector specifies. 1990, c. O.1, s. 11. 1990, c. O.1, s. 9 (29). This consolidated edition of the OHSA is a handy reference tool for Healthcare, Education, Government and Emergency Service organizations. (1.1) In addition to complying with subsection (1), the employer shall make a copy of a safety data sheet readily available to those workers who may be exposed to the hazardous material to which it relates. (2) The appointment of the administrator remains valid until it is terminated by the Minister. This Act was important in that it suggested prohibitions on the work activities of children and women and suggested work hour restrictions for all employees. (3) A worker may refuse to work or do particular work where he or she has reason to believe that. (f)  include any prescribed elements. 2011, c. 11, s. 13 (1). (2) If any work on a project is tendered, the person issuing the tenders shall include, as part of the tendering information, a copy of the list referred to in subsection (1). (5) The selection of a health and safety representative shall be made by those workers who do not exercise managerial functions and who will be represented by the health and safety representative in the workplace, or the part or parts thereof, as the case may be, or, where there is a trade union or trade unions representing such workers, by the trade union or trade unions. (31) The members of a committee who represent workers shall designate one or more such members to investigate cases where a worker is killed or critically injured at a workplace from any cause and one of those members may, subject to subsection 51 (2), inspect the place where the accident occurred and any machine, device or thing, and shall report his or her findings to a Director and to the committee. 2011, c. 11, s. 14. 1990, c. O.1, s. 33 (12). (b)  if there is no committee or health and safety representative, advise the workers of the results of the assessment and, if the assessment is in writing, provide copies on request or advise the workers how to obtain copies. 1990, c. O.1, s. 21 (1). Occupational Health and Safety Act. This consolidated edition of the OHSA is a handy reference tool for Healthcare, Education, Government and Emergency Service organizations. (35) A member of a committee shall be deemed to be at work during the times described in subsection (34) and the member’s employer shall pay the member for those times at the member’s regular or premium rate as may be proper. 2011, c. 11, s. 8 (2). (2) A joint health and safety committee is required. If the care provider’s illness is determined to be work-related: In accordance with th e Occupational Health and Safety Act and its regulations, an employer must provide a written notice within four days of being advised that a worker has an occupational illness, including Accused liable for acts or neglect of managers, agents, etc. 1990, c. O.1, s. 33 (1). (ii)  any facilities prescribed to be provided are maintained as prescribed, (iii)  the workplace complies with the regulations, and, (iv)  no workplace is constructed, developed, reconstructed, altered or added to except in compliance with this Act and the regulations; and. 4, s. 2 (3). (4) Notices required by subsection (3) shall contain such information as may be prescribed and shall be in English and such other language or languages as may be prescribed. 1990, c. O.1, s. 38 (4). I, s. 3 (13). R.S.O. THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2006. 36 Repealed:  2001, c. 9, Sched. R.S.O. These regulations are found under the Occupational Health & Safety Act (OHSA), which is administered and enforced by the Ontario Ministry of Labour. (3.1) Subsections 61 (2) to (3.13) and subsection 61 (8) apply, with necessary modifications, with respect to complaints under this section. 2 (1) This Act binds the Crown and applies to an employee in the service of the Crown or an agency, board, commission or corporation that exercises any function assigned or delegated to it by the Crown. ONTARIO REGULATION 632/05. (2) Authority to publish under subsection (1) includes authority to publish on the Internet. R.S.O. 16, s. 2. (11) Two of the members of a committee shall co-chair the committee, one of whom shall be selected by the members who represent workers and the other of whom shall be selected by the members who exercise managerial functions. 2011, c. 11, s. 8 (2). 42 (1) In addition to providing information and instruction to a worker as required by clause 25 (2) (a), an employer shall ensure that a worker exposed or likely to be exposed to a hazardous material or to a hazardous physical agent receives, and that the worker participates in, such instruction and training as may be prescribed.

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