Occupational Health and Safety Act

1 (1) In this Act, “Board” means the Ontario Labour Relations Board; (“Commission”) “Building Code” means any version of the Ontario Building Code that was in force at any time since it was made under the Building Code Act, 1974, the Building Code Act of the Revised Statutes of Ontario, 1980, the Building Code Act of the Revised Statutes of Ontario, 1990, the Building Code Act, 1992 or a successor to the Building Code Act, 1992; (“code du bâtiment”) “certified member” means a committee member who is certified under section 7.6; (“membre agréé”) “Chief Prevention Officer” means the Chief Prevention Officer appointed under subsection 22.3 (1); (“directeur général de la prévention”) “committee” means a joint health and safety committee established under this Act; (“comité”) “competent person” means a person who, (a) is qualified because of knowledge, training and experience to organize the …

PART I APPLICATION Crown and other Acts

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. Other Acts (2) Despite anything in any general or special Act, the provisions of this Act and the regulations prevail. R.S.O. 1990, c. O.1, s. 2. Private residences, farming, teaching

3 (1) Except as is prescribed and subject to the conditions and limitations prescribed, this Act does not apply to work performed by the owner or occupant or a servant of the owner or occupant to, in or about a private residence or the lands and appurtenances used in connection therewith. R.S.O. 1990, c. O.1, s. 3 (1); 2024, c. 19, Sched. 4, s. 2 (1). Same (1.1) Despite subsection (1), this Act applies to telework performed in or about a private residence or the lands and appurtenances used in connection therewith. 2024, c. 19, Sched. 4, s. 2 (2). Farming operations (2) Except as is prescribed and subject to the conditions and limitations prescribed, this Act or a Part thereof does not apply to farming operations. R.S.O. 1990, c. O.1, s. 3 (2). Teachers, etc. (3) Except as is prescribed and subject to the conditions and limitations prescribed, this Act or a Part thereof does not apply to…

4 Subsection 25 (1), clauses 26 (1) (c), (e), (f) and (g), subsection 33 (1) and sections 37, 38, 39, 40, 41, 51, 52, 54, 57, 59, 60, 61, 62, 66, 67, 68 and 69, and the regulations in relation thereto, apply with necessary modifications to a self-employed person. 2001, c. 9, Sched. I, s. 3 (1); 2019, c. 14, Sched. 13, s. 1. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (1) - 29/06/2001; 2001, c. 9, Sched. I, s. 3 (2) - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2019, c. 14, Sched. 13, s. 1 - 10/12/2019

PART II ADMINISTRATION

4.1 (1) The Minister is responsible for the administration of this Act. 2011, c. 11, s. 2. Powers of Minister (2) In administering this Act, the Minister’s powers and duties include the following: 1. To promote occupational health and safety and to promote the prevention of workplace injuries and occupational diseases. 2. To promote public awareness of occupational health and safety. 3. To educate employers, workers and other persons about occupational health and safety. 4. To foster a commitment to occupational health and safety among employers, workers and others. 5. To make grants, in such amounts and on such terms as the Minister considers advisable, to support occupational health and safety. 2011, c. 11, s. 2. Duty to consider (3) In administering this Act, the Minister shall consider advice that is provided to the Minister under this Act. 2011, c. 11, s. 2. Section Amendments with …

5 Where under this Act or the regulations any power or duty is granted to or vested in the Minister or the Deputy Minister, the Minister or Deputy Minister may in writing delegate that power or duty from time to time to any employee in the Ministry subject to such limitations, restrictions, conditions and requirements as the Minister or Deputy Minister may set out in the delegation. R.S.O. 1990, c. O.1, s. 5; 2006, c. 35, Sched. C, s. 93 (1). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 93 (1) - 20/08/2007

6 (1) Such persons as may be necessary to administer and enforce this Act and the regulations may be appointed as inspectors by the Deputy Minister and the Deputy Minister may designate one or more of the inspectors as a Director or Directors. Director may act as inspector (2) A Director may exercise any of the powers or perform any of the duties of an inspector under this Act or the regulations. R.S.O. 1990, c. O.1, s. 6.

7 (1) The Deputy Minister shall issue a certificate of appointment, bearing his or her signature or a facsimile thereof, to every inspector. Production of certificate (2) Every inspector, in the exercise of any powers or duties under this Act, shall produce his or her certificate of appointment upon request. R.S.O. 1990, c. O.1, s. 7.

7.1 (1) The Chief Prevention Officer may establish standards for training programs required under this Act or the regulations. 2011, c. 11, s. 3. Approval — training program (2) The Chief Prevention Officer may approve a training program that is established before or after this subsection comes into force if the training program meets the standards established under subsection (1). 2011, c. 11, s. 3. Adoption of codes (3) If the Chief Prevention Officer establishes a standard under this section or amends a standard under subsection 7.3 (1), the Chief Prevention Officer may adopt by reference, in whole or in part, with such changes as the Chief Prevention Officer considers necessary, any code, standard, criteria or guide. 2024, c. 41, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 3 - 1/06/2011 2024, c. 41, Sched. 3, s. 1 - 19/12/2024

7.2 (1) The Chief Prevention Officer may establish standards that a person shall meet in order to become an approved training provider. 2011, c. 11, s. 3. Approval – persons who provide training (2) The Chief Prevention Officer may approve a person who meets the standards described in subsection (1) as a training provider with respect to one or more approved training programs. 2011, c. 11, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 3 - 1/06/2011

7.2.1 (1) The Chief Prevention Officer may establish criteria to be used to assess whether a training program delivered outside Ontario is equivalent to a program that is approved under section 7.1 and delivered by a provider approved under section 7.2. 2024, c. 41, Sched. 3, s. 2. Application for equivalency (2) The Chief Prevention Officer may approve a training provider approved under section 7.2 to assess whether a training program delivered outside Ontario is equivalent to a program that is approved under section 7.1 and delivered by a provider approved under section 7.2, using the criteria established under subsection (1). 2024, c. 41, Sched. 3, s. 2. Deemed approval (3) If a training program delivered outside Ontario is determined to be equivalent to a program that is approved under section 7.1 and delivered by a provider approved under section 7.2, that training program is deemed…

7.3 (1) The Chief Prevention Officer may amend a standard established under subsection 7.1 (1) or 7.2 (1). 2011, c. 11, s. 3. Publication of standards (2) The Chief Prevention Officer shall publish the standards established under subsections 7.1 (1) and 7.2 (1) promptly after establishing or amending them. 2011, c. 11, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 3 - 1/06/2011

7.4 (1) An approval given under subsection 7.1 (2) or 7.2 (2) is valid for the period that the Chief Prevention Officer specifies in the approval. 2011, c. 11, s. 3. Revocation, etc., of approval (2) The Chief Prevention Officer may revoke or amend an approval given under subsection 7.1 (2) or 7.2 (2). 2011, c. 11, s. 3. Information to be provided to Chief Prevention Officer (3) The Chief Prevention Officer may require any person who is seeking an approval or is the subject of an approval under subsection 7.1 (2) or 7.2 (2) to provide the Chief Prevention Officer with whatever information, records or accounts he or she may require pertaining to the approval and the Chief Prevention Officer may make such inquiries and examinations as he or she considers necessary. 2011, c. 11, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 3 - 1/06/2011

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. 2011, c. 11, s. 3. Disclosure by training provider (2) The Chief Prevention Officer may require an approved training provider to disclose to him or her the information described in subsection (1). 2011, c. 11, s. 3. Same (3) The Chief Prevention Officer may specify the time at which, and the form in which, the information shall be provided. 2011, c. 11, s. 3. Disclosure by Chief Prevention Officer (4) The Chief Prevention Officer may disclose information collected under subsection (1) to any person, including but not limited to a current or potential employer of a worker, if the worker consents to the disclosure. 2011, c. 11, s. 3. Section Amendment…

7.6 (1) The Chief Prevention Officer may, (a) establish training and other requirements that a committee member shall fulfil in order to become a certified member; and (b) certify a committee member who fulfils the requirements described in clause (a). 2011, c. 11, s. 4. Transition (2) A person who is certified under paragraph 5 of subsection 4 (1) of the Workplace Safety and Insurance Act, 1997 on the date section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force is deemed to be certified under this section. 2011, c. 11, s. 4. Amendment (3) The Chief Prevention Officer may amend training and other requirements established under clause (1) (a). 2019, c. 9, Sched. 10, s. 1. Conditions (4) The Chief Prevention Officer may establish conditions that a committee member certified under clause (1) (b) must meet in order to maintain their certification. 20…

7.6.1 (1) The Chief Prevention Officer may accredit a health and safety management system if the system meets any applicable standards established under subsection (2). 2016, c. 37, Sched. 16, s. 2. Standards (2) The Chief Prevention Officer may establish standards that a health and safety management system must meet in order to become an accredited health and safety management system. 2016, c. 37, Sched. 16, s. 2. Amendment (3) The Chief Prevention Officer may amend standards established under subsection (2). 2016, c. 37, Sched. 16, s. 2. Equivalency (4) Subject to the regulations, health and safety management systems accredited under this section are equivalents and shall be treated as such for any purpose for which they are required. 2025, c. 13, Sched. 4, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 16, s. 2 - 08/12/2016 2025, c. 13, Sched. 4, s. 2 - 27/11/…

7.6.2 (1) The Chief Prevention Officer may give recognition to an employer in respect of one or more of its workplaces, upon the employer’s application, if, (a) the employer satisfies the Chief Prevention Officer that it is a certified user of an accredited health and safety management system in its workplace or workplaces; and (b) the employer meets any applicable criteria established under subsection (2). 2016, c. 37, Sched. 16, s. 2. Criteria (2) The Chief Prevention Officer may establish criteria that an employer must meet for the purposes of clause (1) (b). 2016, c. 37, Sched. 16, s. 2. Amendment (3) The Chief Prevention Officer may amend criteria established under subsection (2). 2016, c. 37, Sched. 16, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 16, s. 2 - 08/12/2016

7.6.3 (1) An accreditation given under subsection 7.6.1 (1) or a recognition given under subsection 7.6.2 (1) is valid for the period that the Chief Prevention Officer specifies in the accreditation or recognition. 2016, c. 37, Sched. 16, s. 2. Revocation, etc., of accreditations, recognitions (2) The Chief Prevention Officer may revoke or amend an accreditation or recognition. 2016, c. 37, Sched. 16, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 16, s. 2 - 08/12/2016

7.6.4 (1) The Chief Prevention Officer may require any person who is seeking an accreditation under subsection 7.6.1 (1) or recognition under subsection 7.6.2 (1), or who is the subject of an accreditation or recognition, to provide the Chief Prevention Officer with whatever information, records or accounts he or she may require pertaining to the accreditation or recognition and the Chief Prevention Officer may make such inquiries and examinations as he or she considers necessary. 2016, c. 37, Sched. 16, s. 2. Disclosure by Director (2) A Director may communicate or allow to be communicated or disclosed any information that was collected under the authority of this Act or the regulations to the Chief Prevention Officer or to a delegate for the purposes of determining whether the employer should receive recognition or should keep such recognition. 2016, c. 37, Sched. 16, s. 2. Same (3) An…

7.6.5 (1) The Chief Prevention Officer may publish or otherwise make available to the public information relating to health and safety management systems accredited under subsection 7.6.1 (1) and employers given recognition under subsection 7.6.2 (1), including the names of the systems and employers. 2016, c. 37, Sched. 16, s. 2. Same (2) The Chief Prevention Officer shall publish the standards for accreditation of health and safety management systems and the criteria for recognition of employers promptly after establishing or amending them. 2016, c. 37, Sched. 16, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 16, s. 2 - 08/12/2016

7.7 The Chief Prevention Officer may delegate, in writing, any of the Chief Prevention Officer’s powers or duties under subsections 7.1 (2), 7.2 (2), 7.2.1 (1) and (2), sections 7.4 and 7.5, clause 7.6 (1) (b), subsections 7.6 (5) and (6), 7.6.1 (1) and 7.6.2 (1), sections 7.6.3 and 7.6.4 and subsection 7.6.5 (1) to any person, including any person outside the Ministry, subject to such limitations, restrictions, conditions and requirements as the Chief Prevention Officer may set out in the delegation. 2024, c. 41, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 5 - 1/06/2011 2016, c. 37, Sched. 16, s. 3 - 08/12/2016 2019, c. 9, Sched. 10, s. 2 - 06/06/2019 2024, c. 41, Sched. 3, s. 3 - 19/12/2024

7.8 (1) The Chief Prevention Officer may establish policies regarding general training requirements established under this Act. 2024, c. 41, Sched. 3, s. 4. Amendment or revocation (2) The Chief Prevention Officer may amend or revoke a policy established under subsection (1). 2024, c. 41, Sched. 3, s. 4. Adoption of codes (3) If the Chief Prevention Officer establishes or amends a policy under this section, the Chief Prevention Officer may adopt by reference, in whole or in part, with such changes as the Chief Prevention Officer considers necessary, any code, standard, criteria or guide. 2024, c. 41, Sched. 3, s. 4. Factors to consider (4) The Chief Prevention Officer shall consider any relevant information when establishing, amending or revoking a policy, including but not limited to the following: 1. The specific workplace hazards to be addressed by the policy. 2. Learning outcomes of …

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. R.S.O. 1990, c. O.1, s. 8 (1). Order appointing health and safety representatives (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. R.S.O. 1990, c. O.1, s. …

9 (1) Subject to subsection (3), this section does not apply, (a) to a constructor at a project at which work is expected to last less than three months; or (b) to a prescribed employer or workplace or class of employers or workplaces. R.S.O. 1990, c. O.1, s. 9 (1). Joint health and safety committee (2) A joint health and safety committee is required, (a) at a workplace at which twenty or more workers are regularly employed; (b) at a workplace with respect to which an order to an employer is in effect under section 33; or (c) at a workplace, other than a construction project where fewer than twenty workers are regularly employed, with respect to which a regulation concerning designated substances applies. R.S.O. 1990, c. O.1, s. 9 (2). Minister’s order (3) Despite subsections (1) and (2), the Minister may, by order in writing, require a constructor or an employer to establish and maintai…

10 (1) If a committee is required at a project, other than a project where fewer than fifty workers are regularly employed or that is expected to last less than three months, the committee shall establish a worker trades committee for the project. R.S.O. 1990, c. O.1, s. 10 (1). Minister’s order (1.1) Despite subsection (1), the Minister may, by order in writing, require a constructor to establish a worker trades committee for a project and may, in such order, provide for the composition, practice and procedure of any worker trades committee so established. 2024, c. 41, Sched. 3, s. 5 (1). Same (1.2) If a worker trades committee has been established under subsection (1), the Minister may, by order in writing, alter and otherwise provide for the composition, practice and procedure of the worker trades committee. 2024, c. 41, Sched. 3, s. 5 (1). Same (1.3) For greater certainty, for the pu…

11 (1) The constructor or employer at a workplace shall consult a health and safety representative or the committee with respect to proposed testing strategies for investigating industrial hygiene at the workplace. Information (2) The constructor or employer shall provide information to a health and safety representative or the committee concerning testing strategies to be used to investigate industrial hygiene at the workplace. Attendance at testing (3) A health and safety representative or a designated committee member representing workers at a workplace is entitled to be present at the beginning of testing conducted with respect to industrial hygiene at the workplace if the representative or member believes his or her presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid. Designation of member (4) The committee members repre…

12 (1) For workplaces to which the insurance plan established under the Workplace Safety and Insurance Act, 1997 applies, the Workplace Safety and Insurance Board, upon the request of an employer, a worker, committee, health and safety representative or trade union, shall send to the employer, and to the worker, committee, health and safety representative or trade union requesting the information an annual summary of data relating to the employer in respect of the number of work accident fatalities, the number of lost work day cases, the number of lost work days, the number of non-fatal cases that required medical aid without lost work days, the incidence of occupational illnesses, the number of occupational injuries, and such other data as the Board may consider necessary or advisable. R.S.O. 1990, c. O.1, s. 12 (1); 1997, c. 16, s. 2 (4). Posting of copy of summary (2) Upon receipt of …

13 Repealed: 1997, c. 16, s. 2 (5). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (5) - 1/01/1998

14 Repealed: 1997, c. 16, s. 2 (6). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (6) - 1/01/1998

15 Repealed: 1997, c. 16, s. 2 (7). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (7) - 1/01/1998

16 Repealed: 1997, c. 16, s. 2 (8). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (8) - 1/01/1998

17 Repealed: 1997, c. 16, s. 2 (9). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (9) - 1/01/1998

18 Repealed: 1997, c. 16, s. 2 (10). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (10) - 1/01/1998

19 Repealed: 1997, c. 16, s. 2 (10). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (10) - 1/01/1998

20 (1) Except with the consent of the Board, no member of the Board, nor its registrar, nor any of its other officers, nor any of its clerks or servants shall be required to give testimony in any civil proceeding or in any proceeding before the Board or in any proceeding before any other tribunal respecting information obtained in the discharge of their duties or while acting within the scope of their employment under this Act. Non-disclosure (2) No information or material furnished to or received by a labour relations officer under this Act shall be disclosed except to the Board or as authorized by the Board. 1998, c. 8, s. 51. Section Amendments with date in force (d/m/y) 1998, c. 8, s. 51 - 29/06/1998

21 (1) The Minister may appoint committees, which are not committees as defined in subsection 1 (1), or persons to assist or advise the Minister on any matter arising under this Act or to inquire into and report to the Minister on any matter that the Minister considers advisable. R.S.O. 1990, c. O.1, s. 21 (1). Remuneration and expenses (2) Any person appointed under subsection (1) who is not a public servant within the meaning of the Public Service of Ontario Act, 2006 may be paid such remuneration and expenses as may be from time to time fixed by the Lieutenant Governor in Council. R.S.O. 1990, c. O.1, s. 21 (2); 2006, c. 35, Sched. C, s. 93 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 93 (2) - 20/08/2007

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. The Lieutenant Governor in Council may fix the total payment to be made by all employers for that purpose. Same (2) The Workplace Safety and Insurance Board shall remit the money collected from employers under this section to the Minister of Finance. 1997, c. 16, s. 2 (11). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (11) - 1/04/1997 Defibrillator reimbursements

22.0.1 (1) In this section, “Board” means the Workplace Safety and Insurance Board, despite the definition of “Board” in subsection 1 (1). 2025, c. 13, Sched. 4, s. 3 (1). Reimbursement (2) If a person who is an employer within the meaning of the Workplace Safety and Insurance Act, 1997 and who meets such other criteria as may be prescribed is subject to a requirement under this Act or the regulations to equip a workplace with a defibrillator and the person equips a workplace with a defibrillator, the Board shall, in accordance with the regulations, reimburse that person for the cost of the defibrillator. 2025, c. 13, Sched. 4, s. 3 (1). Same, form and timing (3) The Board may determine the form and timing of reimbursements made under this section. 2025, c. 13, Sched. 4, s. 3 (1). Overpayment (4) An overpayment made by the Board under subsection (2) is deemed to be an overpayment owing t…

22.1 (1) If a regulation under the Canada Labour Code 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. 2011, c. 1, Sched. 7, s. 2 (1). Same (2) If a regulation under section 44 of the Nuclear Safety and Control Act (Canada) requires an employer to whom this Act applies to comply with 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 Nuclear Safety and Control Act (Canada). 2011, c. 1, Sched. 7, s. 2 (1). Section Amendments with date in force (d/m/y) 1998, c. 8, s. 52 - 29/06/1998 2011, c. 1, Sched. 7, s. 2 (1) - 30/03/2011

Part II.1 Prevention Council, Chief Prevention Officer and designated entities

Prevention Council

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. 2011, c. 11, s. 8 (1). Composition (2) The Council shall be composed of such members as the Minister may appoint, and shall include representatives from each of the following groups: 1. Trade unions and provincial labour organizations. 2. Employers. 3. Non-unionized workers, the Workplace Safety and Insurance Board and persons with occupational health and safety expertise. 2011, c. 11, s. 8 (1). Same (3) In appointing members of the Council, the Minister shall ensure that, (a) an equal number of members are appointed to represent the groups described in paragraphs 1 and 2 of subsection (2); and (b) the group described in paragraph 3 of subsection (2) is represented by not more than one-third of the members of the Council. 2011, c. 11, s. 8 (1). Appointm…

Chief Prevention Officer Chief Prevention Officer

22.3 (1) The Minister shall appoint a Chief Prevention Officer to, (a) develop a provincial occupational health and safety strategy; (b) prepare an annual report on occupational health and safety; (c) exercise any power or duty delegated to him or her by the Minister under this Act; (d) provide advice to the Minister on the prevention of workplace injuries and occupational diseases; (e) provide advice to the Minister on any proposed changes to the funding and delivery of services for the prevention of workplace injuries and occupational diseases; (f) provide advice to the Minister on the establishment of standards for designated entities under section 22.5; (g) exercise the powers and perform the duties with respect to training that are set out in sections 7.1 to 7.5; (h) exercise the powers and perform the duties set out in section 7.6; (h.1) exercise the powers and perform the duties w…

22.3.1 (1) The Chief Prevention Officer may collect personal information, directly or indirectly, for purposes related to the following matters and may use it for those purposes: 1. To develop, monitor and evaluate a provincial occupational health and safety strategy. 2. To report on occupational health and safety. 3. To provide advice to the Minister on the prevention of workplace injuries and occupational diseases, including planning or delivering programs and services related to the prevention of workplace injuries. 2024, c. 41, Sched. 3, s. 7. Other information serves purpose (2) The Chief Prevention Officer shall not collect or use personal information under subsection (1) if other information will serve the purpose of the collection or use. 2024, c. 41, Sched. 3, s. 7. Personal information limited to what is reasonably necessary (3) The Chief Prevention Officer shall not collect or…

Changes to Funding and Delivery of Services

22.4 (1) If the Minister is considering a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases, the Minister shall determine whether the proposed change would be a significant change. 2011, c. 11, s. 8 (1). If proposed change significant (2) If the Minister determines that the proposed change is significant, the Minister shall seek advice from the Chief Prevention Officer with respect to the proposed change. 2011, c. 11, s. 8 (1). If Chief Prevention Officer advising on change (3) If the Chief Prevention Officer is considering providing advice to the Minister concerning a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases, the Chief Prevention Officer shall determine whether the proposed change would be a significant change. 2011, c. 11, s. 8 (1). …

Designated Entities

22.5 (1) An entity that is designated under this section is eligible for a grant from the Ministry. 2011, c. 11, s. 8 (2). Designation by Minister (2) The Minister may designate an entity as a safe workplace association or as a medical clinic or training centre specializing in occupational health and safety matters if the entity meets the standards established by the Minister. 2011, c. 11, s. 8 (2). Standards (3) The Minister may establish standards that an entity shall meet before it is eligible to be designated. 2011, c. 11, s. 8 (2). Same (4) The standards established under subsection (3) may address any matter the Minister considers appropriate, including governance, objectives, functions and operations. 2011, c. 11, s. 8 (2). Same (5) The Minister may establish different standards for associations, clinics or centres serving different industries or groups. 2011, c. 11, s. 8 (2). Dut…

22.6 (1) The Minister may direct a designated entity to take such actions as the Minister considers appropriate. 2011, c. 11, s. 8 (2). Government directives (2) In addition to the directions the Minister may issue under subsection (1), the Minister may direct an entity to comply with such government directives as the Minister specifies. 2011, c. 11, s. 8 (2). Failure to comply (3) If an entity has committed any failure described in paragraphs 1 to 3 of subsection 22.7 (3), the Minister may, (a) reduce or suspend grants to the entity while the non-compliance continues; (b) assume control of the entity and responsibility for its affairs and operations; (c) revoke the designation and cease to provide grants to the entity; or (d) take such other steps as he or she considers appropriate. 2011, c. 11, s. 8 (2). Section Amendments with date in force (d/m/y) 2011, c. 11, s. 8 (2) - 01/04/2012

22.7 (1) The Chief Prevention Officer shall monitor the operation of designated entities and, (a) may require a designated entity to provide such information, records or accounts as the Chief Prevention Officer specifies; and (b) may make such inquiries and examinations as he or she considers necessary. 2011, c. 11, s. 8 (2). Report to Minister (2) The Chief Prevention Officer shall report to the Minister on the compliance of designated entities with the standards established under section 22.5 and with any directions given by the Minister under section 22.6. 2011, c. 11, s. 8 (2). Advice to Minister (3) Where the Chief Prevention Officer determines that any of the following have occurred, the Chief Prevention Officer shall report that determination to the Minister and may advise the Minister with respect to any action the Minister may decide to take under section 22.6: 1. A designated e…

22.8 (1) For the purposes of assuming control of an entity and responsibility for its affairs and operations under clause 22.6 (3) (b), the Minister may appoint an administrator. 2011, c. 11, s. 8 (2). Term of appointment (2) The appointment of the administrator remains valid until it is terminated by the Minister. 2011, c. 11, s. 8 (2). Powers and duties of administrator (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. 2011, c. 11, s. 8 (2). Same (4) In the appointment, the Minister may specify the powers and duties of the administrator and the terms and conditions governing those powers and duties. 2011, c. 11, s. 8 (2). Additional power of administrator (5) The board of directors and officers may continue to act to the extent authorized by the Minister, but any…

22.9 Despite section 5, the Minister may delegate his or her powers or duties under sections 22.5, 22.6 and 22.8 only to the Chief Prevention Officer. 2011, c. 11, s. 8 (2). Section Amendments with date in force (d/m/y) 2011, c. 11, s. 8 (2) - 1/04/2012

PART III DUTIES OF EMPLOYERS AND OTHER PERSONS

23 (1) A constructor shall ensure, on a project undertaken by the constructor that, (a) the measures and procedures prescribed by this Act and the regulations are carried out on the project; (b) every employer and every worker performing work on the project complies with this Act and the regulations; and (c) the health and safety of workers on the project is protected. Notice of project (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. R.S.O. 1990, c. O.1, s. 23.

23.1 (1) A constructor shall ensure, on a project, that the washroom facilities, if any, that are provided by the constructor for the use of workers are maintained in a clean and sanitary condition. 2024, c. 19, Sched. 4, s. 5. Records (2) The constructor shall keep, maintain and make available records of the cleaning of washroom facilities as prescribed. 2024, c. 19, Sched. 4, s. 5. Regulations (3) The regulations may modify or supplement this section and may establish new or modified requirements with respect to washroom facilities. 2024, c. 19, Sched. 4, s. 5. Section Amendments with date in force (d/m/y) 2024, c. 19, Sched. 4, s. 5 - 01/07/2025

24 (1) A licensee shall ensure that, (a) the measures and procedures prescribed by this Act and the regulations are carried out with respect to logging in the licensed area; (b) every employer performing logging in the licensed area for the licensee complies with this Act and the regulations; and (c) the health and safety of workers employed by employers referred to in clause (b) is protected. R.S.O. 1990, c. O.1, s. 24 (1). Definition (2) In this section, “licensed area” means the lands on which the licensee is authorized to harvest or use forest resources. R.S.O. 1990, c. O.1, s. 24 (2); 1994, c. 25, s. 83 (2). Section Amendments with date in force (d/m/y) 1994, c. 25, s. 83 (2) - 1/04/1995

25 (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; (b.1) any personal protective clothing and equipment that is provided, worn or used is a proper fit and is appropriate in the circumstances, having regard to all relevant factors, including such factors as may be prescribed; (c) the measures and procedures prescribed are carried out in the workplace; (d) the equipment, materials and protective devices provided by the employer are used as prescribed; and (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, (i) as determined by the applicable design requirements established under the version of…

25.1 (1) An employer shall not require a worker to wear footwear with an elevated heel unless it is required for the worker to perform his or her work safely. 2017, c. 22, Sched. 3, s. 1. Exception (2) Subsection (1) does not apply with respect to an employer of a worker who works as a performer in the entertainment and advertising industry. 2017, c. 22, Sched. 3, s. 1. Definitions (3) In subsection (2), “entertainment and advertising industry” means the industry of producing, (a) live or broadcast performances, or (b) visual, audio or audio-visual recordings of performances, in any medium or format; (“industrie du spectacle et de la publicité”) “performance” means a performance of any kind, including theatre, dance, ice skating, comedy, musical productions, variety, circus, concerts, opera, modelling and voice-overs, and “performer” has a corresponding meaning. (“représentation”, “artis…

25.2 (1) Where an employer becomes aware, or ought reasonably to be aware, that there may be a risk of a worker having an opioid overdose at a workplace where that worker performs work for the employer, or where the prescribed circumstances exist, the employer shall, (a) provide and maintain in good condition a naloxone kit in that workplace; and (b) comply with any other prescribed requirements respecting the provision and maintenance of naloxone kits and the training referred to in subsection (3). 2022, c. 7, Sched. 4, s. 1. Location of kit (2) The employer shall ensure that, at any time there are workers in the workplace, the naloxone kit is in the charge of a worker who works in the vicinity of the kit and who has received the training described in subsection (3). 2022, c. 7, Sched. 4, s. 1. Training (3) The training shall include training to recognize an opioid overdose, to administ…

25.3 (1) An employer shall ensure that the washroom facilities, if any, that are provided by the employer for the use of workers are maintained in a clean and sanitary condition. 2024, c. 19, Sched. 4, s. 7. Same, exception (2) For greater certainty, subsection (1) does not apply if the washroom facilities are provided by a constructor on a project and subsection 23.1 (1) applies instead with respect to those facilities. 2024, c. 19, Sched. 4, s. 7. Records (3) The employer shall keep, maintain and make available records of the cleaning of washroom facilities as prescribed. 2024, c. 19, Sched. 4, s. 7. Regulations (4) The regulations may modify or supplement this section and may establish new or modified requirements with respect to washroom facilities. 2024, c. 19, Sched. 4, s. 7. Section Amendments with date in force (d/m/y) 2024, c. 19, Sched. 4, s. 7 - 01/07/2025

26 (1) In addition to the duties imposed by section 25, an employer shall, (a) establish an occupational health service for workers as prescribed; (b) where an occupational health service is established as prescribed, maintain the same according to the standards prescribed; (c) keep and maintain accurate records of the handling, storage, use and disposal of biological, chemical or physical agents as prescribed; (d) accurately keep and maintain and make available to the worker affected such records of the exposure of a worker to biological, chemical or physical agents as may be prescribed; (e) notify a Director of the use or introduction into a workplace of such biological, chemical or physical agents as may be prescribed; (f) monitor at such time or times or at such interval or intervals the levels of biological, chemical or physical agents in a workplace and keep and post accurate recor…

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 (b) uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn. Additional duties of supervisor (2) Without limiting the duty imposed by subsection (1), a supervisor shall, (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 (c) take every precaution reasonable in the circumstances for the protection of a worker. R.S.O. 1990, c. O.1, s. 27.

28 (1) A worker shall, (a) work in compliance with the provisions of this Act and the regulations; (b) use or wear the equipment, protective devices or clothing that the worker’s employer requires to be used or worn; (c) report to his or her employer or supervisor the absence of or defect in any equipment or protective device of which the worker is aware and which may endanger himself, herself or another worker; and (d) report to his or her employer or supervisor any contravention of this Act or the regulations or the existence of any hazard of which he or she knows. Idem (2) No worker shall, (a) remove or make ineffective any protective device required by the regulations or by his or her employer, without providing an adequate temporary protective device and when the need for removing or making ineffective the protective device has ceased, the protective device shall be replaced immedia…

29 (1) The owner of a workplace that is not a project shall, (a) ensure that, (i) such facilities as are prescribed are provided, (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 (b) where so prescribed, furnish to a Director any drawings, plans or specifications of any workplace as prescribed. R.S.O. 1990, c. O.1, s. 29 (1). Mine plans (2) The owner of a mine shall cause drawings, plans or specifications to be maintained and kept up to date not more than six months last past on such scale and showing such matters or things as may be prescribed. R.S.O. 1990, c. O.1, s. 29 (2). Plans of workplaces (3) Where so prescribed, an owner or employer shall, (a) not begin any con…

29.1 (1) Subject to subsection (2), the owner of a workplace shall ensure that access to a washroom is provided, on request, to a worker who is present at the workplace to deliver anything to the workplace, or to collect anything from the workplace for delivery elsewhere. 2021, c. 35, Sched. 5, s. 1. Exceptions (2) Access to a washroom at a workplace is not required under subsection (1), (a) if providing access would not be reasonable or practical for reasons relating to the health or safety of any person at the workplace, including the worker who requests to use a washroom; (b) if providing access would not be reasonable or practical having regard to all the circumstances, including, but not limited to, the nature of the workplace, the type of work at the workplace, the conditions of work at the workplace, the security of any person at the workplace and the location of the washroom with…

30 (1) Before beginning a project, the owner shall determine whether any designated substances are present at the project site and shall prepare a list of all designated substances that are present at the site. Tenders (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). Idem (3) An owner shall ensure that a prospective constructor of a project on the owner’s property has received a copy of the list referred to in subsection (1) before entering into a binding contract with the constructor. Duty of constructors (4) The constructor for a project shall ensure that each prospective contractor and subcontractor for the project has received a copy of the list referred to in subsection (1) before the prospective contractor or subcontractor enters into a binding contract for…

31 (1) Every person who supplies any machine, device, tool or equipment under any rental, leasing or similar arrangement for use in or about a workplace shall ensure, (a) that the machine, device, tool or equipment is in good condition; (b) that the machine, device, tool or equipment complies with this Act and the regulations; and (c) if it is the person’s responsibility under the rental, leasing or similar arrangement to do so, that the machine, device, tool or equipment is maintained in good condition. R.S.O. 1990, c. O.1, s. 31 (1). Architects and engineers (2) An architect, as defined in the Architects Act, or an engineer contravenes this Act if, as a result of the architect’s or engineer’s advice that is given or the architect’s or engineer’s certification required under this Act that is made negligently or incompetently, a worker is endangered. 2021, c. 34, Sched. 15, s. 6. Same (3…

32 Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with, (a) this Act and the regulations; (b) orders and requirements of inspectors and Directors; and (c) orders of the Minister. R.S.O. 1990, c. O.1, s. 32.

part iii.0.1 violence and Harassment

32.0.1 (1) An employer shall, (a) prepare a policy with respect to workplace violence; (b) prepare a policy with respect to workplace harassment; and (c) review the policies as often as is necessary, but at least annually. 2009, c. 23, s. 3. Written form, posting (2) The policies shall be in written form and shall be posted at a conspicuous place in the workplace or in a readily accessible electronic format. 2009, c. 23, s. 3; 2024, c. 19, Sched. 4, s. 8. Exception (3) Subsection (2) does not apply if the number of workers regularly employed at the workplace is five or fewer, unless an inspector orders otherwise. 2009, c. 23, s. 3; 2011, c. 1, Sched. 7, s. 2 (3). Section Amendments with date in force (d/m/y) 2009, c. 23, s. 3 - 15/06/2010 2011, c. 1, Sched. 7, s. 2 (3) - 30/03/2011 2024, c. 19, Sched. 4, s. 8 - 28/10/2024

32.0.2 (1) An employer shall develop and maintain a program to implement the policy with respect to workplace violence required under clause 32.0.1 (1) (a). 2009, c. 23, s. 3. Contents (2) 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; (b) include measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur; (c) include 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) include any prescribed elements. 2009, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 2…

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. 2009, c. 23, s. 3. Considerations (2) The assessment shall take into account, (a) circumstances that would be common to similar workplaces; (b) circumstances specific to the workplace; and (c) any other prescribed elements. 2009, c. 23, s. 3. Results (3) An employer shall, (a) advise the committee or a health and safety representative, 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 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. 2009, c. 23, s. 3. Reassessment (4) An employer shall reassess the risks of w…

32.0.4 If an employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker. 2009, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 23, s. 3 - 15/06/2010

32.0.5 (1) For greater certainty, the employer duties set out in section 25, the supervisor duties set out in section 27, and the worker duties set out in section 28 apply, as appropriate, with respect to workplace violence. 2009, c. 23, s. 3. Information (2) An employer shall provide a worker with, (a) information and instruction that is appropriate for the worker on the contents of the policy and program with respect to workplace violence; and (b) any other prescribed information or instruction. 2009, c. 23, s. 3. Provision of information (3) An employer’s duty to provide information to a worker under clause 25 (2) (a) and a supervisor’s duty to advise a worker under clause 27 (2) (a) include the duty to provide information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour if, (a) the worker can be expected to enc…

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). 2016, c. 2, Sched. 4, s. 2 (1). Contents (2) Without limiting the generality of subsection (1), the program shall, (a) include measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor; (b) include measures and procedures for workers to report incidents of workplace harassment to a person other than the employer or supervisor, if the employer or supervisor is the alleged harasser; (c) set out how incidents or complaints of workplace harassment will be investigated and dealt with; (d) set out how information obtained about an incident or complaint of workplace harassment, including identifyin…

32.0.7 (1) To protect a worker from workplace harassment, an employer shall ensure that, (a) an investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances; (b) the worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, are informed in writing of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation; (c) the program developed under section 32.0.6 is reviewed as often as necessary, but at least annually, to ensure that it adequately implements the policy with respect to workplace harassment required under clause 32.0.1 (1) (b); and (d) such other duties as may be prescribed are carried out. 2016, c. 2, Sched. 4, s. 3. Results of investigation not a report (2) The results of an…

32.0.8 An employer shall provide a worker with, (a) information and instruction that is appropriate for the worker on the contents of the policy and program with respect to workplace harassment; and (b) any other prescribed information. 2016, c. 2, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2016, c. 2, Sched. 4, s. 3 - 08/09/2016

Part iii.1 Codes of Practice

32.1 In this Part, “legal requirement” means a requirement imposed by a provision of this Act or by a regulation made under this Act. 2011, c. 11, s. 10. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (4) - 29/06/2001 2011, c. 11, s. 10 - 1/06/2011

32.2 (1) The Minister may approve a code of practice and the approved code of practice may be followed to comply with a legal requirement specified in the approval. 2011, c. 11, s. 11. Same (1.1) An approval made under subsection (1) may be subject to such terms and conditions as the Minister considers appropriate and may be general or particular in its application. 2011, c. 11, s. 11. Withdrawal of approval (2) The Minister may withdraw an approval under subsection (1). 2001, c. 9, Sched. I, s. 3 (4). Legislation Act, 2006, Part III (3) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to an approval under this section or the withdrawal of such an approval. 2001, c. 9, Sched. I, s. 3 (4); 2006, c. 21, Sched. F, s. 136 (1). Delegation (4) The Minister may delegate the Minister’s power under this section to the Deputy Minister. 2001, c. 9, Sched. I, s. 3 (4).…

32.3 (1) An approval or a withdrawal of an approval under section 32.2 shall be published in The Ontario Gazette. 2001, c. 9, Sched. I, s. 3 (4). Effect of publication (2) Publication of an approval or withdrawal of approval in The Ontario Gazette, (a) is, in the absence of evidence to the contrary, proof of the approval or withdrawal of approval; and (b) shall be deemed to be notice of the approval or withdrawal of approval to everyone affected by it. 2001, c. 9, Sched. I, s. 3 (4). Judicial notice (3) Judicial notice shall be taken of an approval or withdrawal of approval published in The Ontario Gazette. 2001, c. 9, Sched. I, s. 3 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (4) - 29/06/2001