MacLeod Law Firm asks, “Are you health and safety conscious?”
Occupational Health and Safety Act – MacLeod Law Firm looks at your obligations
Here are a few health and safety obligations imposed on employers:
1. Posting obligations
An employer must post a copy of the Ontario Health and Safety Act, a health & safety poster, an occupational health and safety policy and, if the employer employs six or more workers, a workplace harassment policy and a workplace violence policy in the workplace. These policies must be reviewed annually.
Have you prepared, posted and reviewed these policies on an annual basis?
2. Information, instruction and supervision obligations
Have you provided sufficient information, instruction and supervision to protect the health and safety of your workers?
3. Obligation to provide a competent health and safety supervisor
What kind of health and safety training do you provide for your supervisors?
4. Obligation to create a joint health and safety committee where 20 or more workers are regularly employed
This health and safety committee has numerous powers. At least half of this committee must be non-managers who are selected by the workers.
5. Obligation to assess the risks of workplace violence
Did you know that this obligation has been in effect since June 2010?
Reasons to Review Your Health and Safety Policies & Procedures
Changes in Employment Laws
Amendments to the Ontario Health and Safety Act may impose new obligations on your organization.
For example, in June 2010 numerous additional obligations were imposed on employers including the obligation to post written workplace violence and workplace harassment for organizations who employee 6 or more workers.
Similarly, effective October 1, 2012 employers are required to post the poster “Health and Safety at Work – Prevention Starts Here”
Health & Safety Inspection Blitzes
The Ministry of Labour targets certain sectors for enforcement.
Did you know that the Ministry is focusing on supervisors in a blitz of construction projects across Ontario in September and October. Inspectors are checking that supervisors are providing adequate supervision of construction projects and are ensuring that workers are adequately trained and are using safety equipment, protective devices or clothing, as required by the employer on the projects.
Recent Health and Safety Court Cases
Did you know that a court can fine an employer up to $500 000 for a violation of the Ontario Health and Safety Act plus a 25% victim surcharge?
On October 11, 2012 Goldcorp Canada Ltd., the operator of Hoyle Pond, a Timmins mine, was fined $350,000 for a violation of the Occupational Health and Safety Act after a worker was killed.
On October 4, 2012 Bermingham Construction Ltd., a Hamilton construction company, was fined $65,000 for a violation of the Occupational Health and Safety Act after a worker was injured. A supervisor at the company was fined $4,000 in relation to the same incident.
MacLeod Law Firm’s Occupational Health and Safety Seminar
MacLeod Law Firm is hosting a complimentary one hour breakfast seminar to discuss employer obligations under the OHSA.
It will be held at 9:00am on Wednesday, December 5th in the Muskoka Room of the SuiteWorks Business Centre, 92 Caplan Avenue. Barrie, ON
To register for this seminar either visit our website or email your name and company to [email protected]
If you have any employment law questions, please call us at 1–888-640-1728 or email us at [email protected]. You can follow us on twitter or subscribe to our employment law blog
The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.
Doug’s Top 5 Employment Law Stories of 2022
Here are my top 5 employment law stories for 2022: 1. COVID 19 - Temporary Layoffs This issue remains my number one story because this issue impacts so many court cases. Some judges have concluded that a temporary layoff set out in the Infectious Disease Emergency...
Reducing Litigation Risk
In a recent case, Pohl v. Hudson’s Bay Company, 2022 ONSC 5230 (CanLII),an employer was ordered to pay a long service employee the equivalent of about 3 years pay and contribute about $ 35 000 to his legal fees. Although this was a without cause termination case, it...
Employment Law Update: Electronic Monitoring Policy
A new amendment to the Employment Standards Act requires employers with 25 or more employees on January 1st of a given year to put in place a written policy regarding any electronic monitoring processes they use to monitor employees. The deadline for 2022 is October...