occupational health and safety act ontario

All provincially-regulated employers must comply with Ontario’s Occupational Health and Safety Act (OHSA) Overview of the OHSA. Orders by inspectors where non-compliance. “health and safety representative” means a health and safety representative selected under this Act; “homework” means the doing of any work in the manufacture, preparation, improvement, repair, alteration, assembly or completion of any article or thing or any part thereof by a 2001, c. 26, s. 3. R.S.O. Vous utilisez un navigateur désuet qui n’est plus accepté par Ontario.ca. R.S.O. (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. (5) The members of the Council shall choose a chair from among themselves by the date fixed by the Minister; if they fail to do so, the Minister shall designate a member as chair. (3.10) Rules made under this section apply despite anything in the Statutory Powers Procedure Act. (26) Unless otherwise required by the regulations or by an order by an inspector, a member designated under subsection (23) shall inspect the physical condition of the workplace at least once a month. (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. (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. 2001, c. 9, Sched. 1990, c. O.1, s. 57 (3). PART V RIGHT TO REFUSE OR TO STOP WORK WHERE HEALTH OR SAFETY IN DANGER. 2016, c. 37, Sched. 10, s. 3. Accused liable for acts or neglect of managers, agents, etc. 2009, c. 23, s. 3. Labour legislation falls primarily under the jurisdiction of Canada's provinces and territories. R.S.O. 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. (v)  a laundry, food service, power plant or technical service or facility used in conjunction with an institution, facility or service described in subclause (i) to (iv). 2020 Ontario Occupational Health and Safety Act (OHSA) & Regulations Under the Occupational Health and Safety Act (OHSA), Ontario employers are required to post a copy of the Act in the workplace. During the Coronavirus disease (COVID-19) pandemic, we are working remotely to help you with your workplace health and safety needs. 4, s. 4. and the same shall be deemed to be good and sufficient service thereof. 30, s. 2 (1). R.S.O. 1990, c. O.1, s. 9 (14). R.S.O. shall have his or her complaint in relation to an alleged contravention of subsection (1) dealt with under section 191 of that Act, with necessary modifications. (4.2) Subsections 110 (20), (21) and (22) of the 2011, c. 11, s. 2. Such other persons as the Board may specify. 2016, c. 37, Sched. Notice of accident, explosion, fire or violence causing injury. This consolidated edition of the OHSA is a handy reference tool for Healthcare, Education, Government and Emergency Service organizations. We received a helpful review of these pandemic OHSA requirements. 22.5 (1) An entity that is designated under this section is eligible for a grant from the Ministry. Occupational Health and Safety Act and Regulation for Construction Projects, R213/91 Jan. 2020. 1, s. 71. (3.1) Subsections 61 (2) to (3.13) and subsection 61 (8) apply, with necessary modifications, with respect to complaints under this section. 1990, c. O.1, s. 48. (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. R.S.O. is evidence of the order, decision, writing or document, and the facts appearing in the order, decision, writing or document without proof of the signature or official character of the person appearing to have signed the order or the certificate and without further proof. (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. (c)  such time as is necessary to carry out the member’s duties under subsections (26), (27) and (31). 45 (1) A certified member who has reason to believe that dangerous circumstances exist at a workplace may request that a supervisor investigate the matter and the supervisor shall promptly do so in the presence of the certified member. (3) The constructor or employer shall post the notice and the order issued under section 57 for a period of fourteen days following its submission to the Ministry in a place or places in the workplace where it is most likely to come to the attention of workers. Accreditation of health and safety management systems. (b)  any other prescribed information. I, s. 3 (13). 1990, c. O.1, s. 52 (2); 1997, c. 16, s. 2 (12). (4) The Board shall make a decision respecting the complaint and may make such order as it considers appropriate in the circumstances including an order decertifying a certified member. “dangerous circumstances” means a situation in which. 2011, c. 11, s. 3. (ii)  in preparing, inspecting, manufacturing, finishing, repairing, warehousing, cleaning or adapting for hire or sale any substance, article or thing, energy is, (A)  used to work any machinery or device, or. (7) At least half the members of a committee shall be workers employed at the workplace who do not exercise managerial functions. Changes to Funding and Delivery of Services. The MOL’s Power Under the Occupational Health & Safety Act. 1990, c. O.1, s. 66 (4). (4) The employer or any worker of the employer or any trade union representing the workers of the employer may, in accordance with the appeal process set out in the Hazardous Materials Information Review Act (Canada), appeal a determination made under subsection (3) and the appeal shall be determined in accordance with that process. 181 of 1993 . 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. 1990, c. O.1, s. 63 (3). 2006, c. 19, Sched. (5) In this section, an order of an inspector under this Act or the regulations includes any order or decision made or given or the imposition of any terms or conditions therein by an inspector under the authority of this Act or the regulations or the refusal to make an order or decision by an inspector. (b)  the day upon which an inspector becomes aware of the alleged offence. 1990, c. O.1, s. 12 (1); 1997, c. 16, s. 2 (4). 22.3 (1) The Minister shall appoint a Chief Prevention Officer to. 2019, c. 9, Sched. 2015, c. 27, Sched. (4) Subsections 61 (2) to (3.13) and subsection 61 (8) apply, with necessary modifications, with respect to applications under this section. ANSI means the American National Standards Institute; (ANSI) … C, s. 93 (2). 4, s. 39 (1)). Accéder aux paramètres de votre navigateur. 40 (1) An employer may file a claim for an exemption from disclosing, (a)  information required under this Part in a label or safety data sheet; or. 16, s. 2. C, s. 93 (6); 2011, c. 11, s. 17 (1). 17, s. 127. The OHSA sets out minimum health and safety standards to protect workers against hazards on the job. 2011, c. 11, s. 8 (2). 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). (c)  a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. No hearing required prior to issuing order. (a)  shall ensure that all hazardous materials present in the workplace are identified in the prescribed manner; (b)  shall obtain or prepare, as may be prescribed, a current safety data sheet for all hazardous materials present in the workplace; and. 29 (1) The owner of a workplace that is not a project shall. (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. 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”). 4, s. 1 (3). R.S.O. 2. (10) A health and safety representative has power to identify situations that may be a source of danger or hazard to workers and to make recommendations or report his or her findings thereon to the employer, the workers and the trade union or trade unions representing the workers. The Occupational Health and Safety Act (OHSA) applies to almost every workplace, supervisor and worker in Ontario.All workplaces must comply with the OHSA and its regulations to ensure safe working conditions wherever work takes place. R.S.O. 7, s. 2 (10). (5) The Chief Prevention Officer shall provide the strategy to the Minister on or before a day specified by the Minister. Enforced by the Ministry of Labour, the OHSA’s overarching role is to ensure workers are protected from workplace hazards. The Green Book contains the complete, current Ontario Occupational Health and Safety Act (OHSA). (11) A health and safety representative has the power. (7) Despite clause (6) (b), a constructor, a licensee or an employer who gives notice to an inspector of compliance with an order made under subsection (6) may resume work pending an inspection and decision by an inspector respecting compliance with the order if, before the resumption of work, a committee member representing workers or a health and safety representative, as the case may be, advises an inspector that in his or her opinion the order has been complied with. (v)  aircraft, locomotives or vehicles used for private or public transport are maintained. R.S.O. (Canada) or otherwise, (iii)  a place of temporary detention under the Youth Criminal Justice Act (Canada), or. R.S.O. 2006, c. 19, Sched. (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. R.S.O. During the Coronavirus disease (COVID-19) pandemic, we are working remotely to help you with your workplace health and safety needs. (7) The certified member who made the direction or an inspector may cancel it. Worker to remain in safe place and available for investigation. (a)  prepare a policy with respect to workplace violence; (b)  prepare a policy with respect to workplace harassment; and. 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. (3) On a prosecution for a failure to comply with. The Occupational Health and Safety Act (OHSA) is Ontario's cornerstone legislation for workplace health and safety. mining, energy). 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. 1990, c. O.1, s. 67. (3.3) Subject to the rules made under subsection (3.8), the Board shall hold a hearing to consider the appeal unless the Board makes an order under subsection (3.4). 30, s. 3. 2009, c. 23, s. 3. 2011, c. 11, s. 3. 16, s. 2. 30, s. 1 (2). 1990, c. O.1, s. 9 (11). (3.3) Persons employed in the Office of the Worker Adviser or the Office of the Employer Adviser are not required to produce, in a proceeding in which the relevant Office is not a party, any information or material furnished to or obtained, made or received by them under this Act while acting within the scope of their employment. R.S.O. 1990, c. O.1, s. 33 (10). R.S.O. (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. (5) On an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), the burden of proof that an employer or person acting on behalf of an employer did not act contrary to subsection (1) lies upon the employer or the person acting on behalf of the employer. 1990, c. O.1, s. 9 (10). (b)  keep a copy of the drawings as reviewed in a convenient location at or near the workplace and such drawings shall be produced by the owner or employer upon the request of an inspector for his or her examination and inspection. (c)  any other prescribed elements. (“représentation”, “artiste”, “interprète”) 2017, c. 22, Sched. (4) A Director may communicate or allow to be communicated or disclosed information, material, statements or the result of a test acquired, furnished, obtained, made or received under this Act or the regulations. 1990, c. O.1, s. 31. (iii)  on any significant proposed changes to the funding and delivery of services for the prevention of workplace injuries and occupational diseases; (c)  provide advice on any other matter specified by the Minister; and. Ontario introduced the Factory Act of 1884 which was the first OH&S Act. (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. 5. 1990, c. O.1, s. 8 (16). 2015, c. 27, Sched. 1990, c. O.1, s. 28. (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.

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