I, s. 3 (11). 1990, c. O.1, s. 56 (3). (28) The inspection required by subsection (27) shall be undertaken in accordance with a schedule established by the committee. 1990, c. O.1, s. 8 (9). R.S.O. (iii) that a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable of supporting any loads that may be applied to it. 30, s. 4 (1). 2001, c. 26, s. 2. (3) A Director shall, in accordance with the objects and purposes of this Act, ensure that persons and organizations concerned with the purposes of this Act are provided with information and advice pertaining to its administration and to the protection of the occupational health and occupational safety of workers generally. 2011, c. 11, s. 6. (4) An order made under subsection (1) may require a constructor, a licensee or an employer to submit to the Ministry a compliance plan prepared in the manner and including such items as required by the order. Consolidation Period: From July 21, 2020 to the e-Laws currency date. 5. 1990, c. O.1, s. 9 (10). D, s. 14; 2007, c. 8, s. 221. (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. 2009, c. 23, s. 8. 1998, c. 8, s. 57 (5). To promote occupational health and safety and to promote the prevention of workplace injuries and occupational diseases. 1990, c. O.1, s. 9 (2). 2011, c. 11, s. 13 (1). 2019, c. 15, Sched. R.S.O. (2) The following are parties to the appeal: 2. R.S.O. (a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker; (b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; (b.1) workplace violence is likely to endanger himself or herself; or. 2009, c. 23, s. 3. 2015, c. 27, Sched. (9) The Chief Prevention Officer shall consult with the Prevention Council and shall consider its advice in developing the report. 7, s. 2 (7). 2017, c. 22, Sched. Mandatory selection of health and safety representative. (a) reduce or suspend grants to the entity while the non-compliance continues; (b) assume control of the entity and responsibility for its affairs and operations; (c) revoke the designation and cease to provide grants to the entity; or. The Occupational Health and Safety Act (OHSA) is Ontario’s foundational legislation regulating standards of workplace safety.The OHSA is supported by other legislation such as the Human Rights Code and the Workplace Safety and Insurance Act.. (12) The person referred to in subsection (11) must be. Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 is amended by adding the following subsections: (5.1) Unless otherwise prescribed, a constructor or employer shall ensure that a health and safety representative selected under subsection (5) receives training to enable him or her to effectively exercise the powers and perform the duties of a health and safety representative. 20, s. 3 (2). 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. (b) who advises the committee at a workplace in writing that the constructor or employer adopts the procedures set out in this section respecting work stoppages. 1990, REGULATION 854 MINES AND MINING PLANTS Consolidation Period: From February 14, 2014 to the e-Laws currency date. 1990, Regulation 860) made under the OHSA to adopt new, international standards that are part of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). 1990, c. O.1, s. 9 (22). (2) Despite anything in any general or special Act, the provisions of this Act and the regulations prevail. 54 (1) An inspector may, for the purposes of carrying out his or her duties and powers under this Act and the regulations. Ontario business regulations. 2011, c. 11, s. 8 (2). Workers have three guaranteed rights under Ontario's Occupational Health and Safety Act, including the right to refuse to perform work believed to be unsafe. 2006, c. 19, Sched. (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. 1990, c. O.1, s. 9 (19). R.S.O. 1990, c. O.1, s. 70 (2); 1997, c. 16, s. 2 (16); 1998, c. 8, s. 59; 2001, c. 9, Sched. R.S.O. 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). (38) Any committee of a like nature to a committee established under this section in existence in a workplace under the provisions of a collective agreement or other agreement or arrangement between a constructor or an employer and the workers has, in addition to its functions and powers under the provisions of the collective agreement or other agreement or arrangement, the functions and powers conferred upon a committee by this section. 2011, c. 11, s. 8 (2). Orders by inspector where worker endangered. 2015, c. 27, Sched. 5. R.S.O. ACT (b) include that statement in the advice to the Minister. “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 The Ministry of Labour has recently released clarification on its interpretation of “critical injury” – in particular, clauses 1(d) and (e) of the definition of “critical injury”. (7) The certified member who made the direction or an inspector may cancel it. (c) the health and safety of workers on the project is protected. R.S.O. 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”). (23) Subject to subsection (24), the members of a committee who represent workers shall designate a member representing workers to inspect the physical condition of the workplace. 7.1 (1) The Chief Prevention Officer may establish standards for training programs required under this Act or the regulations. (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. R.S.O. 62 (1) No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or the performance of a duty under this Act or the regulations or in the execution of a warrant issued under this Act or the Provincial Offences Act 4, s. 5 (1). R.S.O. 1990, c. O.1, s. 63 (2). 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. 2011, c. 11, s. 6. (a) a workplace at which workers described in clause 43 (2) (a), (b) or (c) are employed; or. (a) prepare a policy with respect to workplace violence; (b) prepare a policy with respect to workplace harassment; and. 30, s. 2 (1). (b) at least four persons or such greater number of people as may be prescribed, for a workplace where fifty or more workers are regularly employed. 1990, c. O.1, s. 24 (2); 1994, c. 25, s. 83 (2). 3. ANSI means the American National Standards Institute; (ANSI) … R.S.O. 69 No prosecution under this Act or the regulations shall be instituted more than one year after the later of, (a) the occurrence of the last act or default upon which the prosecution is based; or. “licensed area” means the lands on which the licensee is authorized to harvest or use forest resources. 16, s. 2. R.S.O. 1998, c. 8, s. 57 (2). R.S.O. (7) On an appeal under subsection (1), the Board may suspend the operation of the order appealed from pending the disposition of the appeal. (4) The review described in subsection (3) shall be held more frequently than annually, if, (a) the employer, on the advice of the committee or health and safety representative, if any, for the workplace, determines that such reviews are necessary; or. (6) Where an inspector makes an order under subsection (1) and finds that the contravention of this Act or the regulations is a danger or hazard to the health or safety of a worker, the inspector may. “Board” means the Ontario Labour Relations Board; (“Commission”), “Building Code” means any version of the Ontario Building Code (5) In exercising the power conferred by subsection (3) or (3.1), the Minister shall consider. (2) The inspector may remove any thing seized under a warrant from the place from which it was seized or may detain it in that place. Dealing with safety risks and following the rules and regulations of the OHSA are mandatory legal requirements for all Ontario employers. R.S.O. The worker consents to the referral. 2001, c. 9, Sched. (3) A worker is not required to participate in a prescribed medical surveillance program unless the worker consents to do so. R.S.O. (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. (10) The Chief Prevention Officer shall provide the annual report to the Minister on or before a day specified by the Minister. (3.2) The labour relations officer shall report the results of his or her inquiry and endeavours to the Board. Collection and use of training information. (6) A designated entity shall operate in accordance with the standards established under subsection (3) that apply to it, and in accordance with any other requirements imposed on it under section 22.6. (2) The Chief Prevention Officer may require an approved training provider to disclose to him or her the information described in subsection (1). (4) Where there is no committee member representing workers, no health and safety representative or worker selected under subsection (3), the inspector shall endeavour to consult during his or her physical inspection with a reasonable number of the workers concerning matters of health and safety at their work. 1990, c. O.1, s. 66 (3). (32) A constructor or an employer required to establish a committee under this section shall post and keep posted at the workplace the names and work locations of the committee members in a conspicuous place or places where they are most likely to come to the attention of the workers. The Green Book contains the complete, current Ontario Occupational Health and Safety Act (OHSA). (3) An employer to whom subsection (2) applies shall post prominent notices identifying and warning of the hazardous physical agent in the part of the workplace in which the thing is used or operated or is to be used or operated. (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). 1990, c. O.1, s. 52 (3); 1997, c. 16, s. 2 (13). 2011, c. 11, s. 3. (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. (2) In any proceeding or prosecution under this Act, a copy of an order or decision purporting to have been made under this Act or the regulations and purporting to have been signed by the Minister, a Director or an inspector may be served, (a) personally in the case of an individual or in case of a partnership upon a partner, and in the case of a corporation, upon the president, vice-president, secretary, treasurer or a director, or upon the manager or person in charge of the workplace; or. 4, s. 39 (1)). Subsections 9 (35) and 43 (13), section 55, clauses 62 (5) (a) and (b) and subsection 65 (1) apply to the designated worker as if the worker were a committee member while the worker exercises a committee member’s rights and responsibilities. 2009, c. 23, s. 6; 2011, c. 1, Sched. 13, s. 2. 1990, c. O.1, s. 9 (39). Pour avoir une meilleure expÃ©rience, vous devez : You are using an outdated browser that is no longer supported by Ontario.ca. R.S.O. 1990, c. O.1, s. 57 (1). 1990, c. O.1, s. 62 (5). (2) An architect as defined in the Architects Act, and a professional engineer as defined in the Professional Engineers Act, contravenes this Act if, as a result of his or her advice that is given or his or her certification required under this Act that is made negligently or incompetently, a worker is endangered. 1990, c. O.1, s. 1 (1); 1993, c. 27, Sched. 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 Date of Commencement: See section 1. (14) Where a person is killed or critically injured at a workplace from any cause, the health and safety representative may, subject to subsection 51 (2), inspect the place where the accident occurred and any machine, device or thing, and shall report his or her findings in writing to a Director. 59 (1) Within three days after a constructor or employer who has received an order under section 57 believes that compliance with the order has been achieved, the constructor or employer shall submit to the Ministry a notice of compliance. 2. Occupational Health and Safety Act Summary of Decision: The Ontario government has amended the Occupational Health and Safety Act (OHSA) and the WHMIS Regulation (R.R.O. 10, s. 3. The MOL’s Power Under the Occupational Health & Safety Act. (2) No person shall remove or deface the identification described in clause (1) (a) for a hazardous material. Ontario Occupational Health & Safety Act (OH&S Act) was originally modeled after the British Factory Act from the 17th century. 1990, c. O.1, s. 57 (3). (b) a workplace at which workers described in clause 43 (2) (d) are employed if a work stoppage would directly endanger the life, health or safety of another person. R.S.O. 7, s. 2 (1). 30, s. 2 (2). (4) It is the function of a worker trades committee to inform the committee at the workplace of the health and safety concerns of the workers employed in the trades at the workplace. incorporates by reference all or part of this Act or the regulations made under it, the Board and any person having powers under this Act may exercise any powers conferred by the regulation under the Canada Labour Code. (7) The decision of the Board on an application is final. 2009, c. 23, s. 3. 4. (b) the employer meets any applicable criteria established under subsection (2). An Act to consolidate, harmonize and update the law relating to occupational safety and health; to repeal the Factories Act, Cap 220 and to provide for connected matters. 2001, c. 26, s. 1. M, s. 5. (4) The Chief Prevention Officer may establish conditions that a committee member certified under clause (1) (b) must meet in order to maintain their certification. on the grounds that it is confidential business information. 32.2 (1) The Minister may approve a code of practice and the approved code of practice may be followed to comply with a legal requirement specified in the approval. 2001, c. 26, s. 4. 1990, c. O.1, s. 68 (1); 2001, c. 9, Sched. (2) Where an inspector makes an oral order under subsection (1), the inspector shall confirm the order in writing before leaving the workplace. 7, s. 2 (11). (6) After taking steps to remedy the dangerous circumstances, the constructor or employer may request the certified member or an inspector to cancel the direction. Ontario-"Health & Safety at Work: Prevention Starts Here” Poster - The “In Case of Injury” Poster (Form 82), if the workplace is covered by Workplace Safety and Insurance Board (WSIB) Occupational Health and Safety (OHS) Act Workplace Safety and Insurance Act (WSIA), 1997, Sec.3 : A copy of the Occupational Health and Safety Act (9) Where an inspector makes an order under this section, he or she may affix to the workplace, or to any equipment, machine, device, article or thing, a copy thereof or a notice of the order, in a form obtained from the Ministry, and no person, except an inspector, shall remove such copy or notice unless authorized to do so by an inspector. R.S.O. Part I . 4, s. 2 (3). (c) take every precaution reasonable in the circumstances for the protection of a worker. (3) Any disclosure of personal information that is authorized under subsection (2) shall be deemed to be in compliance with clause 42 (1) (d) of the Freedom of Information and Protection of Privacy Act. (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. (a) specifying that all or any of the duties set out in Part III.0.1 apply for the purposes of the regulations, with such modifications as may be necessary in the circumstances; (b) specifying who shall be considered an employer for the purposes of the regulations and requiring that person to carry out the specified duties; (c) specifying who shall be considered a worker for the purposes of the regulations; (d) specifying what shall be considered a workplace for the purposes of the regulations. 22.8 (1) For the purposes of assuming control of an entity and responsibility for its affairs and operations under clause 22.6 (3) (b), the Minister may appoint an administrator. (a) provide advice to the Minister on the appointment of a Chief Prevention Officer; (b) provide advice to the Chief Prevention Officer. (i) a hospital, sanatorium, long-term care home, psychiatric institution, mental health centre or rehabilitation facility. 39 (1) Where so prescribed, an employer shall assess all biological and chemical agents produced in the workplace for use therein to determine if they are hazardous materials. (2) If any work on a project is tendered, the person issuing the tenders shall include, as part of the tendering information, a copy of the list referred to in subsection (1). 1998, c. 8, s. 57 (2); 2006, c. 21, Sched. “worker” means any of the following, but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program: 1. 32.0.7 (1) To protect a worker from workplace harassment, an employer shall ensure that. 2011, c. 11, s. 2. 2011, c. 11, s. 8 (1). (4) No employer or supervisor shall disclose more personal information in the circumstances described in subsection (3) than is reasonably necessary to protect the worker from physical injury. 1990, c. O.1, s. 63 (1); 1992, c. 14, s. 2 (2, 3). 7, s. 2 (8); 2017, c. 34, Sched. 2017, c. 34, Sched. Concern for Occupational Health and Safety (OHS) in Canada can be traced back to the late nineteenth century, when the Workmen’s Compensation for Injuries Act (1886) of Ontario was introduced, establishing safety standards such as mandating guards on machines. (2) The notice shall be signed by the constructor or employer and shall be accompanied by, (a) a statement of agreement or disagreement with the contents of the notice, signed by a member of the committee representing workers or by a health and safety representative, as the case may be; or. (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. (a) subject to subsection (2), enter in or upon any workplace at any time without warrant or notice; (b) take up or use any machine, device, article, thing, material or biological, chemical or physical agent or part thereof; (c) require the production of any drawings, specifications, licence, document, record or report, and inspect, examine and copy the same; (d) upon giving a receipt therefor, remove any drawings, specifications, licence, document, record or report inspected or examined for the purpose of making copies thereof or extracts therefrom, and upon making copies thereof or extracts therefrom, shall promptly return the same to the person who produced or furnished them; (e) conduct or take tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent in or about a workplace and for such purposes, take and carry away such samples as may be necessary; (f) require in writing an employer to cause any tests described in clause (e) to be conducted or taken, at the expense of the employer, by a person possessing such special expert or professional knowledge or qualifications as are specified by the inspector and to provide, at the expense of the employer, a report or assessment by that person; (g) in any inspection, examination, inquiry or test, be accompanied and assisted by or take with him or her any person or persons having special, expert or professional knowledge of any matter, take photographs, and take with him or her and use any equipment or materials required for such purpose; (h) make inquiries of any person who is or was in a workplace either separate and apart from another person or in the presence of any other person that are or may be relevant to an inspection, examination, inquiry or test; (i) require that a workplace or part thereof not be disturbed for a reasonable period of time for the purposes of carrying out an examination, investigation or test; (j) require that any equipment, machine, device, article, thing or process be operated or set in motion or that a system or procedure be carried out that may be relevant to an examination, inquiry or test; (k) require in writing an employer to have equipment, machinery or devices tested, at the expense of the employer, by a professional engineer and to provide, at the expense of the employer, a report bearing the seal and signature of the professional engineer stating that the equipment, machine or device is not likely to endanger a worker; (l) require in writing that any equipment, machinery or device not be used pending testing described in clause (k); (m) require in writing an owner, constructor or employer to provide, at the expense of the owner, constructor or employer, a report bearing the seal and signature of a professional engineer stating. 1990, c. O.1, s. 46 (5); 1998, c. 8, s. 53 (5). 2009, c. 23, s. 3. 4, s. 2 (1, 2). (c) such time as is necessary to carry out the member’s duties under subsections (26), (27) and (31). 4, s. 39 (2)). 1990, c. O.1, s. 33 (1). R.S.O. Employers are also required to ensure workers are provided with instruction and … Last amendment: 346/15. (2) A Director may communicate or allow to be communicated or disclosed any information that was collected under the authority of this Act or the regulations to the Chief Prevention Officer or to a delegate for the purposes of determining whether the employer should receive recognition or should keep such recognition. (4) Subsections 61 (2) to (3.13) and subsection 61 (8) apply, with necessary modifications, with respect to applications under this section.
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