Workplace Safety Frequently Asked Questions

On November 15, 2013, Ministry of Labour, Immigration, Training and Skills Development (MLITSD) announced a new regulation that impacts Ontario workplaces. It is called the Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13). Effective July 1, 2014, employers must ensure all workers and supervisors have completed a basic occupational health and safety awareness training program.

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The legal duties and responsibilities of employers, supervisors and workers overlap and complement each other. Together, they create what's known as the internal responsibility system or IRS. Learn more by visiting the MOL's website about IRS.

Simply put, the IRS means everyone in the workplace has a role to play and a duty to actively ensure workers are safe. Every worker who sees a health and safety problem such as a hazard in the workplace has a duty to report the situation to management. Once a hazard has been identified, the employer and supervisor have a duty to look at the problem and eliminate any hazard that could injure workers.

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The MLITSD inspection initiatives focus on high sector-specific hazards, and are designed to raise awareness and increase compliance with health and safety legislation. During an inspection, inspectors focus on specific sectors, workplace areas or high activities in which the targeted hazards may be present.

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Download and print, or order your free copy of the poster on the MLITSD's website.

The Health and Safety at Work – Prevention Starts Here poster highlights worker, supervisor and employer rights and responsibilities for health and safety in the workplace, and is available in English, French and 19 other languages. Its posting is mandatory and it must be displayed in English as well as the majority language of the workplace.

Download your free copy from the MLTDS's website.

Yes, a copy of your company’s health and safety policy must be posted in a conspicuous location at the workplace, or in a readily accessible electronic format (if the employer provides workers with direction on where and how to access it and it can be readily accessed by workers in the workplace).

Learn about the different elements of a health and safety policy and visit the MLITSD's website for writing guidance.

You can purchase the "Pocket Ontario OH&S Act & Regulations" book from WSPS. Copies can also be ordered from ServiceOntario Publications (type green book in the search box) or by calling 1 800-668-9938. Alternatively, you can print a copy from the internet. Be sure to choose the publication number- specific to your business sector to ensure that proper regulations are included.

You can purchase the "Pocket Ontario OH&S Act & Regulations" book from WSPS. Copies can also be ordered from ServiceOntario Publications , (in the search bar type “OHSA Industrial Regulation”) or by calling 1-800-668-9938. Alternatively, you can print or provide workers copies in a readily accessible format from e-laws Occupational Health and Safety Act, R.S.O. 1990, c. O.1 | ontario.ca

e-Laws: Provides access to Provincial Acts and Regulations of Ontario

Justice Laws: Provides access to Federal Acts and Regulations of Canada

A link to the CSA Standards s may be found on the MLITSD’s website.

The Ontario Building Code is administered by the Ministry of Municipal Affairs and Housing (Ministry of Municipal Affairs and Housing | ontario.ca). The Building Code Act and the Building Code are available on e-laws (Building Code Act, 1992, S.O. 1992, c. 23 | ontario.ca)

Health and safety concerns must first be brought to the attention of the worker’s supervisor or employer. If nothing is done, it can be taken to the workers’ health and safety representative or JHSC. If the worker feels that the situation is likely to endanger them or another worker, they may refuse the work. An internal investigation must be performed. If the situation is not resolved the MLITSD (Occupational health and safety regional offices | ontario.ca) may be called in. The OHSA (Section 43) outlines procedure that must be followed for a work refusal. For more information see the Work Refusal Chart from WSPS.

Get more information on our Resource Hub and be sure to read up on inspections and investigations.

An injured worker's first priority is to get proper medical attention. Ensuring that necessary medical treatment is provided is the responsibility of the employer. It may take the form of first aid from a trained co-worker or require transportation to and treatment at a hospital.

The injury-causing incident must also be reported to the worker's supervisor or employer so that the employer's responsibilities under the Workplace Safety and Insurance Act can be met. One of these responsibilities is the completion of the Workplace Safety and Insurance Board, Form 7 within 3 days (WSIB Form 7) before workers, who are eligible, can receive benefits.

You will need to contact WSIB to obtain a Form 82 ("1-2-3-4 Poster"). This will be provided to you free of charge.

Return to Work is a work reintegration program for injured workers that maintains the dignity and productivity of the injured worker, and contributes to the injured worker’s rehabilitation and recovery.

Most people who are injured or become ill at work are able to return to work while recovering, provided the work is medically suited to their injury or illness. Returning to modified duties or hours can actually help an injured worker’s recovery and reduce the potential of long-term disability.

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A health and safety representative (Health & Safety Representative Responsibilities | WSPS) is a worker, elected by workers (or union) to represent them in relation to health and safety matters. A health and safety representative is required if the workplace has 6-19 workers, if there is a designated substance, or if ordered by the MLITSD.

If the workplace has 20+ workers, the health and safety representative will be a part of the Joint Health and Safety Committee (JHSC). – (JHSC Workplace Inspections, Meetings, JHSC Requirements and… | WSPS)

Some of the health and safety representatives’ responsibilities include:

• Inspecting the workplace once a month
• Identifying situations that may be a source of danger or hazard to workers
• Being consulted about and being present at the beginning of health and safety related testing
• Making recommendations to the employer about health and safety in the workplace
• Participating in work refusal situations
• Inspecting the workplace when there is a critical injury

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• 6 – 19 employee – a committee is not required, (unless ordered by the MLITSD or there is a designated substance), however one worker must be chosen as the Health and Safety Representative.
• 20 – 49 employees – two members (one worker member who is selected by the workers, and one management member who is selected by the employer). Both must be certified.
• 50+ employees - 4 members (at least 50% must be workers members). One worker member and one management member must be certified.

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At least one worker member on the committee and one management member must complete certification training. Both Part 1 and 2 of certification training must be completed in order to be certified.

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If you completed Part 1 and 2 and hence were fully certified prior to (March 2016), your certification does not expire. If you obtained your certification after this date then it expires every 3 years and you must complete a 1-day refresher course. If the refresher course is not completed prior to the expiration date then the full certification must be retaken. Note: you may apply for a one-time exemption if you are an active member on the JHSC. The exemption must be requested prior to the expiration date.

Committee members are required to meet at the workplace at least once every three months (OHSA 9(33)). More frequent meetings may be useful to discuss the results of the monthly inspections, or in industries where the work involves hazardous substances or procedures.

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The functions and powers of the the JHSC include:

• Inspect the workplace once a month
• Identify situations that may be a source of danger or hazard to workers
• Be consulted about and be present at the beginning of health and safety related testing
• Be consulted about the Workplace Harassment policy and program
• Make recommendations to the employer about health and safety in the workplace
• Participate in work refusal situations
• Inspect the workplace when there is a critical injury

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• The Health & Safety Representative or the designated worker member of the Joint Health and Safety Committee must inspect the workplace once a month.
• If it is not practical to inspect the entire workplace once a month, at least one part must be inspected.
• The entire workplace must be inspected once a year.
• For more information, please visit our Inspection and Investigation topic page.

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There are many types of inspections that may be performed at a workplace, for example, critical parts inspections, pre-operation inspections, supervisor inspections, quality inspections, etc.

The OHSA (section 8(6-7), and section 9(23-27) specifically requires the health & safety representative (or the worker member of the Joint Health & Safety Committee) to inspect the physical condition of the workplace once a month. The purpose is to identify situations that may be a source of danger or hazard to the worker, and to make recommendations to the employer for the improvement of the health and safety of workers.

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Yes, the employee is paid for time spent carrying out their duties as per section 48(2) of the OHSA.

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A workplace can only be considered healthy if three key elements/avenues of influence are addressed:

• The Physical Environment: Addressing "traditional" health and safety legislation requirements
• Personal Health Resources: Supporting healthy lifestyle practices
• The Organizational Culture: Creating the right psychosocial work environment

For more information, please visit our Healthy Workplace topic page.

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A hazard is any substance, condition, practice, behaviour, or combination of these that can cause injury or illness to people, or damage to property.

A hazard assessment is the process of systematically identifying hazards at a workplace or within a job, rating the level of risk, and then identifying existing and recommended controls so the hazards can be eliminated or reduced..

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It is important that your workplace is equipped with the proper fire extinguishers as part of your fire protection plan. It’s also the law. For a fire extinguisher to be effective, the following conditions must be met:

• the extinguisher must be right for the type of fire
• it must be located where it can be easily reached
• it must be in good working order
• the fire must be discovered while it is still small
• the person using the extinguisher must be trained to use it properly.

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Please consult your local fire authority to determine specific requirements for your workplace.

Access WSPS’s free resource on flammable liquids storage which is designed to help clients store flammable liquids safely. It is based on the requirements of the Ontario Fire Code, Part 4, and of the Regulations for Industrial Establishments. After reviewing the free resource you are advised to connect with your local municipal fire authority for guidance specific to your location.

The Fire Code is a regulation made under the Fire Protection and Prevention Act, 1997. The Fire Code is a set of minimum requirements respecting fire safety within and around existing buildings and facilities. The owner is responsible for complying with the Fire Code, except where otherwise specified. The municipal fire department enforces the Fire Code.

Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 | ontario.ca

Ministry of Community Safety and Correctional Services / Office of the Fire Marshal

Phone: 1 800 565-1842

Fax: 416 325-3126

Connect online.

The Ontario fire Marshall’s office usually takes up to 48 hours to respond.

Occupational Illnesses include cancers, severe allergic reactions, nervous system impairment and noise-induced hearing loss. These are just some of the diseases that impact the lives of many Ontario workers and their families each year and are caused by many workplace health hazards including:

• Chemicals such as solvents, asbestos, carbon monoxide, silica
• Physical agents such as noise, radiation and excessive heat
• Biological hazards such as moulds and bacteria

Occupational Hygiene is a science devoted to anticipating, recognizing, evaluating and controlling these health hazards and helps workers avoid sickness, impaired health and well-being, or significant discomfort.

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Safeguarding is a way to protect workers from the hazards associated with machines. Safeguarding is achieved by physically restricting access to hazards or by stopping a machine's moving part before contact is made. Safeguarding often includes the use of barriers, fixed guards, manual pull-backs, pressure-sensitive protective devices or active opto-electronic protective devices (AOPDs), as well as other means.

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Safeguarding is a way to protect workers from the hazards associated with machines. Safeguarding is achieved by physically restricting access to hazards or by stopping a machine's moving part before contact is made. Safeguarding often includes the use of barriers, fixed guards, manual pull-backs, pressure-sensitive protective devices or active opto-electronic protective devices (AOPDs), as well as other means.

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According to OHSA, the definition of workplace violence is:

• the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
• an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, or
• 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

Workplace harassment is defined as:

• engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, that is known or ought reasonably to be known to be unwelcome, or
• workplace sexual harassment;

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Vulnerable workers are those workers who have greater exposure than most to injury and illness due to their lack of experience, reluctance to ask questions, communication barriers and type of work. The term vulnerable worker does not just apply to one group however typically includes new or expectant mothers, those with a disability, young people, migrant workers, temporary workers, people new to the job, older workers, lone workers and home workers.

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WHMIS is Workplace Hazardous Materials Information System. It is a Canada-wide classification system designed to provide workplace standards for the control, handling, storage, and disposal of “controlled” products. WHMIS is law under the Canada Labour Code and is applied in Ontario as a regulation under the Occupational Health and Safety Act (OHSA).

GHS is Globally Harmonized System which is an international initiative to standardize chemical hazard classification and communication globally.

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Certification Training is a mandated training program under the OHSA. It is intended for management and worker members of Joint Health and Safety Committees who wish to become designated as “certified members” under the Act. The intent of the law is to give members of Joint Health and Safety Committees greater knowledge with which to carry out their responsibilities.

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WSPS offers training in a format that suits your needs:

• Classroom Training – JHSC Part One and Two are available in locations across Ontario, including your workplace and virtually. Choose from a variety of generic and sector-specific training options.

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For the most up-to-date Certification training dates, please visit our Training Events Schedule.

The Ministry of Labour has moved to a new training record database that uses a software known as SkillsPassTM. As a result, we no longer print JHSC Certification training cards. The Chief Prevention Officer (CPO) approved training records are now online. The database allows you to securely view, print, save and share your training records 24/7. You just need to create your free account using your Learner ID.

Creating your account

To create an account and access your digital records; click here.

You will need your learner ID to support set up. Once you are logged in, you can update your name, address, or other outdated information.

To obtain your MOL learner ID, please send e-mail with the following information to the best of your ability to JHSC.inquiryline@ontario.ca:

• Your training provider and date of training
• Your full name at the time of training
• Your home address at the time of training
• Your phone number or e-mail address at the time of training

A confined space means a fully or partially enclosed space:

• that is not designed nor constructed for continuous human occupancy in which atmospheric hazards may occur because of its construction, location or contents, or because of work that is done in it
• Ontario Ministry of Labour resource link.

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Failing to recognize a workspace as a confined space or understand its related hazards could lead to catastrophic injury or death, negatively affecting your employee morale, reputation and production. You may also be subject to penalties, fines or prison terms if convicted because of a violation under the Occupational Health & Safety Act.

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First aid is emergency care given immediately to an injured person. The purpose of first aid is to minimize injury and future disability. In serious cases, first aid may be necessary to keep the victim alive.

For more information please visit CCOHS or the Canadian Red Cross.

WSIB First Aid Regulation 1101 requires a minimum of 1 person per shift in the vicinity of the first aid station to be trained by a WSIB approved provider.

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Sections 8, 9, 10, 11 and 16 of the first aid regulation list the items that must be included in the first aid boxes in workplaces of different types and sizes.

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WSPS does not offer training; however we do have free resources available.

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Yes, you must update your WHMIS training at least once a year. The frequency of update and review should be determined by your employer in consultation with your health and safety committee. It may be more or less frequently than annually, depending on whether there is a change of circumstance or a perceived necessity. (Please refer to Section 42 of the Occupational Health and Safety Act for more information). For more information visit CCOHS Resources and MOL Resources.

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The Canadian Centre for Occupational Health and Safety provides a summary of what OH&S degree, diploma, and certificate programs are offered in colleges and universities across Canada.

Yes, WSPS offers public classroom theory training. For information on practical lift truck training, please contact WSPS Customer Care at 1-877-494-9777.

The OHS Canada Buyers' Guide provides a searchable database of over 600 suppliers of OHS products and services. Please note that WSPS does not endorse suppliers of OHS products and services found on this database.

Many of our products are available in French as well as our Federal Consulting Services.

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Returns will be accepted for full refund within 14 days of the invoice date with a Return Authorization # – except for tapes, DVD, CDs (unless they are defective). Client assumes the cost of return shipping, unless the product is defective, in which case WSPS will pay for shipping.

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