(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). R.S.O. R.S.O. (2) The Workplace Safety and Insurance Board shall remit the money collected from employers under this section to the Minister of Finance. (4) An employer shall reassess the risks of workplace violence as often as is necessary to ensure that the related policy under clause 32.0.1 (1) (a) and the related program under subsection 32.0.2 (1) continue to protect workers from workplace violence. (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. 43 (1) This section does not apply to a worker described in subsection (2), (a) when a circumstance described in clause (3) (a), (b), (b.1) or (c) is inherent in the worker’s work or is a normal condition of the worker’s employment; or. R.S.O. (Canada) or otherwise, (iii) a place of temporary detention under the Youth Criminal Justice Act (Canada), or. R.S.O. 1990, c. O.1, s. 33 (2). 1990, c. O.1, s. 21 (1). (5) The decision of the Board is final. (8) The inspection required by subsection (7) shall be undertaken in accordance with a schedule agreed upon by the constructor or employer and the health and safety representative. A copy of the Occupational Health and Safety Act. (b) available to the employer or supervisor for the purposes of the investigation. Hazardous material identification and data sheets. 1998, c. 8, s. 56 (1); 2011, c. 11, s. 13 (2). These include the Child and Family Services Act and the Occupational Health and Safety Act. (b) a statement that the member or representative has declined to sign the statement referred to in clause (a). R.S.O. 5. Please refer to the full Occupational Health and Safety Amendment Act, No. CONTENTS Sections DEFINITIONS 1 PART I GENERAL 2-24 PART II FIRE PROTECTION 25-45 PART III ACCESS TO WORKPLACES 46-54 PART IV For more information regarding the Occupational Health & Safety Act, Regulations or any other workplace health and safety issue, please contact the Windsor Occupational Health Information Service (WOHIS). 2011, c. 11, s. 8 (1). Pour avoir une meilleure expÃ©rience, vous devez : You are using an outdated browser that is no longer supported by Ontario.ca. 2011, c. 11, s. 8 (2). (f) be consulted about, and have a designated member representing workers be present at the beginning of, testing referred to in clause (e) conducted in or about the workplace if the designated 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. 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. I, s. 3 (4). 1990, c. O.1, s. 24 (1). 1990, c. O.1, s. 9 (39). (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. The Ontario Occupational Health and Safety Act (OHSA) has been the backbone of health and safety regulations in Ontario’s workplaces since 1979, with today’s version based on significant amendments made in 1990. Occupational Health and Safety… All provincially-regulated employers must comply with Ontario’s Occupational Health and Safety Act (OHSA) Overview of the OHSA. 2011, c. 11, s. 8 (2). 10, s. 1. 2011, c. 11, s. 14. (3) Where an inspector makes an inspection of a workplace under the powers conferred upon him or her under subsection (1), the constructor, employer or group of employers shall afford a committee member representing workers or a health and safety representative, if any, or a worker selected by a trade union or trade unions, if any, because of knowledge, experience and training, to represent it or them and, where there is no trade union, a worker selected by the workers because of knowledge, training and experience to represent them, the opportunity to accompany the inspector during his or her physical inspection of a workplace, or any part or parts thereof. (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. (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. R.S.O. Short title 3 The short title of this Act is the Occupational Safety and Health Day Act, 2019. R.S.O. (c) a worker who because of his or her knowledge, experience and training is selected by the trade union that represents the worker or, if there is no trade union, by the workers to represent them. (15) A health and safety representative is entitled to take such time from work as is necessary to carry out his or her duties under subsections (6) and (14) and the time so spent shall be deemed to be work time for which the representative shall be paid by his or her employer at the representative’s regular or premium rate as may be proper. (9) On an appeal under subsection (4), the Minister or, where a person has been appointed under subsection (5), the person so appointed may suspend the operation of the order appealed from pending the disposition of the appeal. Occupational Health and Safety Act. 1990, c. O.1, s. 63 (3). 2016, c. 37, Sched. (33) A committee shall meet at least once every three months at the workplace and may be required to meet by order of the Minister. (3.2) In an order under subsection (3.1), the Minister may, (a) provide that the members of a committee who represent workers may designate a worker at a workplace who is not a member of the committee to inspect the physical condition of the workplace under subsection 9 (23) and to exercise a committee member’s rights and responsibilities under clause 43 (4) (a) and subsections 43 (7), (11) and (12); and. (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. (3.1) Persons employed in the Office of the Worker Adviser or the Office of the Employer Adviser are not compellable witnesses in a civil suit or any proceeding respecting any information or material furnished to or obtained, made or received by them under this Act while acting within the scope of their employment. (f) include any prescribed elements. R.S.O. R.S.O. interfere with, disturb, destroy, alter or carry away any wreckage, article or thing at the scene of or connected with the occurrence until permission so to do has been given by an inspector. (4) After complying with the direction, the constructor or employer shall promptly investigate the matter in the presence of the certified member. (2) The Attorney General or an agent for the Attorney General may by notice to the clerk of the court having jurisdiction in respect of an offence under this Act require that a provincial judge preside over the proceeding. 2, s. 21. 4. 2011, c. 11, s. 4. 1990, c. O.1, s. 9 (2). 1998, c. 8, s. 55 (5). 2016, c. 37, Sched. “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 (5) Subject to subsection (6), a member of a worker trades committee is entitled to such time from work as is necessary to attend meetings of the worker trades committee and the time so spent shall be deemed to be work time for which the member shall be paid by the employer at the member’s regular or premium rate as may be proper. R.S.O. R.S.O. ONTARIO REGULATION 67/93. R.S.O. Many students of human resources or occupational health and safety use the book as part of their coursework. (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. (2) The assessment shall take into account. 2011, c. 11, s. 8 (1). R.S.O. 1990, c. O.1, s. 8 (5). (3) The second certified member shall promptly investigate the matter in the presence of the first certified member. On April 1st, 2018 the Ministry of Labour introduced over 280 Set Fines, which can be issued on the spot for non-compliance of the Occupational Health & Safety Act (OHSA) by employers & supervisors. (p) require the production of any materials concerning the content, frequency and manner of instruction of any training program and inspect, examine and copy the materials and attend any such program. (3.2) If the Office of the Worker Adviser or the Office of the Employer Adviser is a party to a proceeding, a person employed in the relevant Office may be determined to be a compellable witness. 2001, c. 26, s. 3. 1990, c. O.1, s. 33 (11). (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. (4) The Chief Prevention Officer shall consult with the Prevention Council and shall consider its advice in developing the strategy. 4, s. 39 (2). 10, s. 1. R.S.O. 2011, c. 11, s. 8 (2). (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. R.S.O. (2) The members of a worker trades committee shall represent workers employed in each of the trades at the workplace. 2009, c. 23, s. 3. R.S.O. (2) A complaint must be filed not later than 30 days after the event to which the complaint relates. The Director, if an inspector requires notification of the Director. 32.4 The following apply if a code of practice is approved under section 32.2: 1. (2) Where a worker complains that an employer or person acting on behalf of an employer has contravened subsection (1), the worker may either have the matter dealt with by final and binding settlement by arbitration under a collective agreement, if any, or file a complaint with the Board in which case any rules governing the practice and procedure of the Board apply with all necessary modifications to the complaint. Occupational Health and Safety Act and Regulation for Construction Projects, R213/91 Jan. 2020 Includes Construction Regulation. THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2006. (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. 3. 4, s. 2 (1). 1990, c. O.1, s. 52 (2); 1997, c. 16, s. 2 (12). (6) This section prevails despite anything to the contrary in the Personal Health Information Protection Act, 2004. (c) preventing unnecessary damage to equipment or other property. R.S.O. • Encourage ONA occupational health and safety representatives to take more active roles in promoting health and safety initiatives in their Bargaining Units. 60 In addition to any other remedy or penalty therefor, where an order made under subsection 57 (6) is contravened, such contravention may be restrained upon an application made without notice to a judge of the Superior Court of Justice made at the instance of a Director. 2009, c. 23, s. 3. 2001, c. 9, Sched. 55 Subject to subsections 8 (6) and 9 (26), an inspector may in writing direct a health and safety representative or a member designated under subsection 9 (23) to inspect the physical condition of all or part of a workplace at specified intervals. (7) At least half the members of a committee shall be workers employed at the workplace who do not exercise managerial functions. Commencement This Act shall come … 2009, c. 23, s. 3. (b) may recommend to the Minister that an inspector be assigned to oversee the health and safety practices of the constructor or employer at the workplace on a full-time or part-time basis for a specified period. (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. R.S.O. (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. (2) A report described in subsection (1) is not a report respecting occupational health and safety for the purposes of subsection 25 (2). 1990, c. O.1, s. 66 (4). We received a helpful review of these pandemic OHSA requirements. (a) a provision of this Act or the regulations is being contravened, (b) the contravention poses a danger or a hazard to a worker, and. 1990, c. O.1, s. 8 (10). Occupational Health and Safety Act: Occupational Health and Safety Act, 1993 Asbestos Regulations: Asbestos Regulations, 2001 Certificate of Competency Regulations: Certificate of Competency Regulations, 1990 Construction Regulations: Construction Reg CONTENTS Sections DEFINITIONS 1 PART I GENERAL 2-24 PART II FIRE PROTECTION 25-45 PART III ACCESS TO WORKPLACES 46-54 PART IV PROTECTION OF WORKERS 55-102 PART V … (5.2) The training described in subsection (5.1) shall meet such requirements as may be prescribed. 2001, c. 26, s. 4. (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. 1998, c. 8, s. 51. (b) any other prescribed information or instruction. 1. defining any word or expression used in this Act or the regulations that is not defined in this Act; 2. designating or defining any industry, workplace, employer or class of workplaces or employers for the purposes of this Act, a part of this Act, or the regulations or any provision thereof; 3. exempting any workplace, industry, activity, business, work, trade, occupation, profession, constructor, employer or any class thereof from the application of a regulation or any provision thereof; 4. limiting or restricting the application of a regulation or any provision thereof to any workplace, industry, activity, business, work, trade, occupation, profession, constructor, employer or any class thereof; 5. exempting an employer from the requirements of clause 37 (1) (a) or (b) with respect to a hazardous material; 6. respecting any matter or thing that is required or permitted to be regulated or prescribed under this Act; 7. respecting any matter or thing, where a provision of this Act requires that the matter or thing be done, used or carried out or provided as prescribed; 8. respecting any matter or thing, where it is a condition precedent that a regulation be made prescribing the matter or thing before this Act or a provision of this Act has any effect; 9. providing for and prescribing fees and the payment or refund of fees; 10. prescribing classes of workplaces for which and circumstances under which a committee shall consist of more than four persons and in each case prescribing the number of persons; 11. prescribing employers or workplaces or classes thereof for the purposes of clause 9 (1) (b); 12. exempting any workplace, industry, activity, business, work, trade, occupation, profession, constructor or employer or any class thereof from the application of subsection 9 (2); 13. respecting the conditions for eligibility, qualifications, selection and term of committee members, including certified members, and the operation of the committee; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by adding the following paragraphs: 13.1 exempting any class of workplaces from the requirement set out in subsection 8 (5.1); 13.2 requiring that the training of health and safety representatives under subsection 8 (5.1) meet such requirements as may be prescribed; 14. exempting any class of workplaces from the requirement set out in subsection 9 (12); 15. prescribing elements that any policy required under this Act must contain; 16. regulating or prohibiting the installation or use of any machine, device or thing or any class thereof; 17. requiring that any equipment, machine, device, article or thing used bear the seal of approval of an organization designated by the regulations to test and approve the equipment, machine, device, article or thing and designating organizations for such purposes; 18. prescribing classes of employers who shall establish and maintain a medical surveillance program in which workers may volunteer to participate; 19. governing medical surveillance programs; 20. respecting the reporting by physicians and others of workers affected by any biological, chemical or physical agents or combination thereof; 21. regulating or prohibiting atmospheric conditions to which any worker may be exposed in a workplace; 22. prescribing methods, standards or procedures for determining the amount, concentration or level of any atmospheric condition or any biological, chemical or physical agent or combination thereof in a workplace; 23. prescribing any biological, chemical or physical agent or combination thereof as a designated substance; 24. prohibiting, regulating, restricting, limiting or controlling the handling of, exposure to, or the use and disposal of any designated substance; 25. adopting by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code or standard and requiring compliance with any code or standard that is so adopted; 26. adopting by reference any criteria or guide in relation to the exposure of a worker to any biological, chemical or physical agent or combination thereof; 27. enabling a Director by notice in writing to designate that any part of a project shall be an individual project for the purposes of this Act and the regulations and prescribing to whom notice shall be given; 28. permitting the Minister to approve laboratories for the purpose of carrying out and performing sampling, analyses, tests and examinations, and requiring that sampling, analyses, examinations and tests be carried out and performed by a laboratory approved by the Minister; 29. requiring and providing for the registration of employers of workers; 30. providing for the establishment, equipment, operation and maintenance of mine rescue stations, as the Minister may direct, and providing for the payment of the cost thereof and the recovery of such cost from the mining industry; 31. prescribing training programs that employers shall provide; 31.1 requiring that training programs provided by employers meet such requirements as may be prescribed; 32. increasing the number of certified members required on a committee; 33. prescribing restrictions, prohibitions or conditions with respect to workers or workplaces relating to the risks of workplace violence; 34. prescribing forms and notices and providing for their use; 35. prescribing building standards for industrial establishments; 36. prescribing by name or description any biological or chemical agent as a hazardous material and any physical agent as a hazardous physical agent; 37. prohibiting an employer from altering a label on a hazardous material in prescribed circumstances; 38. However, the federal Labour Program is the occupational health and safety (OHS) regulatory authority for workplaces designated under federal jurisdiction (e.g. Health Canada's Workplace Hazardous Materials Information System (WHMIS) is Canada's national hazard communication standard; key elements are cautionary labelling of containers of WHMIS 'controlled products', the provision of material safety data sheets (MSDSs) and worker education and training programs R.S.O. 1990, c. O.1, s. 10. (8) The certified members who issued a direction may jointly cancel it or an inspector may cancel it. 4, s. 3 (4). 2001, c. 26, s. 3. R.S.O. 1990, c. O.1, s. 32. (b) the employer meets any applicable criteria established under subsection (2). (22) A committee shall maintain and keep minutes of its proceedings and make the same available for examination and review by an inspector. 2009, c. 23, s. 3; 2011, c. 1, Sched. 2006, c. 19, Sched. (3) The Minister is entitled to be a party to a proceeding before the Board. It sets out key principles, duties and rights about OHS. R.S.O. 2001, c. 9, Sched. Ontario Occupational Health and Safety Act R.R.O. It sets out the rights and duties of all parties in the workplace. (5) An owner who fails to comply with this section is liable to the constructor and every contractor and subcontractor who suffers any loss or damages as the result of the subsequent discovery on the project of a designated substance that the owner ought reasonably to have known of but that was not on the list prepared under subsection (1). Ontario workplaces with more than 20 workers are required to post a copy of the OHSA in their workplace and posting The Green Book allows them to comply with this legislated requirement. All provincially-regulated employers must comply with Ontario’s Occupational Health and Safety Act (OHSA) Overview of the OHSA. R.S.O. (6) If the certified members do not agree whether dangerous circumstances exist, either certified member may request that an inspector investigate the matter and the inspector shall do so and provide the certified members with a written decision. 2009, c. 23, s. 3. (6) A constructor who fails to comply with this section is liable to every contractor and subcontractor who suffers any loss or damages as the result of the subsequent discovery on the project of a designated substance that was on the list prepared under subsection (1). Understanding Ontario’s Health and Safety Requirements As an employer, you play an important role in preventing workplace injuries and promoting a safe and healthy workplace. 1990, c. O.1, s. 51 (2). (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 continues to be likely to endanger himself, herself or another worker. R.S.O. 2009, c. 23, s. 8. 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). 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. 2001, c. 26, s. 2. (c) the health and safety of workers employed by employers referred to in clause (b) is protected. 1990, c. O.1, s. 9 (5); 1994, c. 27, s. 120 (2). (2) Without limiting the strict duty imposed by subsection (1), an employer shall. (c) such time as is necessary to carry out the member’s duties under subsections (26), (27) and (31). on the date section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force continue to apply, with necessary modifications, and are deemed to be standards for the purposes of this section, until the date established by the Minister under subsection (10). (12) Unless otherwise prescribed, a constructor or employer shall ensure that at least one member of the committee representing the constructor or employer and at least one member representing workers are certified members. “legal requirement” means a requirement imposed by a provision of this Act or by a regulation made under this Act. (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 identifying information about any individuals involved, will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law; (e) set out how a worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, will be informed 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; and. 1990, c. O.1, s. 25 (4); 2011, c. 1, Sched. (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. (5) A certification granted under clause (1) (b) is valid for the period that the Chief Prevention Officer specifies in the certification. (8) Despite subsections (2) and (2.1), a police officer under the Community Safety and Policing Act, 2019 (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. Health Protection and Promotion Act ; Occupational Health & Safety Act ; Additional Job Description Working as a member of the inter-professional team, the Occupational Health Nurse (OHN) will provide specialized services in the management of employee care. 30, s. 3. The OHSA sets out minimum health and safety standards to protect workers against hazards on the job. (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). 1995, c. 1, s. 84 (1); 1998, c. 8, s. 56 (4); 2011, c. 11, s. 13 (7). (10) When the Minister establishes and publishes standards under subsections (3) and (9) for the first time after the coming into force of subsection 8 (2) of the Occupational Health and Safety Statute Law Amendment Act, 2011, the Minister shall establish a date for the purposes of subsections (11) and (12) and shall publish it together with the standards. This is the English version of a bilingual regulation. 1990, c. O.1, s. 37 (2). R.S.O. 2011, c. 11, s. 3. (13) A person shall be deemed to be at work and the person’s employer shall pay him or her at the regular or premium rate, as may be proper, (a) for the time spent by the person carrying out the duties under subsections (4) and (7) of a person mentioned in clause (4) (a), (b) or (c); and. 2011, c. 11, s. 8 (1). (a) order that any place, equipment, machine, device, article or thing or any process or material shall not be used until the order is complied with; (b) order that the work at the workplace as indicated in the order shall stop until the order to stop work is withdrawn or cancelled by an inspector after an inspection; (c) order that the workplace where the contravention exists be cleared of workers and isolated by barricades, fencing or any other means suitable to prevent access thereto by a worker until the danger or hazard to the health or safety of a worker is removed. The Occupational Health and Safety Act 2004 (OHS Act) is the main workplace health and safety law in Victoria. M, s. 5; 2006, c. 34, Sched. 2011, c. 11, s. 8 (1). R.S.O. 32.0.7 (1) To protect a worker from workplace harassment, an employer shall ensure that. 2001, c. 9, Sched. 2009, c. 23, s. 3. who shall be made available and who shall attend without delay. You are here: Home. (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. 2016, c. 2, Sched. (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. 1990, c. O.1, s. 9 (11). DATE OF ASSENT: 24th May, 2006. No hearing required prior to making order. 2011, c. 11, s. 8 (1). 2011, c. 11, s. 8 (2). R.S.O. 1998, c. 8, s. 56 (1). We all share the goal of making Ontario's workplaces safe and healthy. Enabling Act: CANADA LABOUR CODE. (3) The employer shall provide a copy of an order made under subsection (1) to the committee, health and safety representative and trade union, if any, and shall cause a copy of the order to be posted in a conspicuous place in the workplace where it is most likely to come to the attention of the workers who may be affected by the use, presence or intended use of the biological, chemical or physical agent or combination of agents. 4, s. 3 (5). (a) identify situations that may be a source of danger or hazard to workers; (b) make recommendations to the constructor or employer and the workers for the improvement of the health and safety of workers; (c) recommend to the constructor or employer and the workers the establishment, maintenance and monitoring of programs, measures and procedures respecting the health or safety of workers; (d) obtain information from the constructor or employer respecting.
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