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