(1.1) An approval made under subsection (1) may be subject to such terms and conditions as the Minister considers appropriate and may be general or particular in its application. 2011, c. 11, s. 3. “legal requirement” means a requirement imposed by a provision of this Act or by a regulation made under this Act. I, s. 3 (3). (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. 4, s. 39 (2). A failure to comply with the approved code of practice is not, in itself, a breach of the legal requirement. hc-sc.gc.ca et les critères rela ti fs aux émissions dans l'air ambiant, sont fixés respectivement par la Loi s ur la santé et la sécurité au tra vail et la Loi su r la protection de l'environnemen t de l 'Ontario . 1990, c. O.1, s. 8 (11). En savoir plus sur les navigateurs que nous supportons. 10, s. 2. (4.2) Subsections 110 (20), (21) and (22) of the (31) The members of a committee who represent workers shall designate one or more such members to investigate cases where a worker is killed or critically injured at a workplace from any cause and one of those members 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 to a Director and to the committee. But if you read this guide beforehand, you may find the technical language of the legislation easier to understand. (a) advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware; (b) where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and. Order for workplace harassment investigation. (12) The standards that are in place under section 6 of the Workplace Safety and Insurance Act, 1997 (8) Despite subsections (2) and (2.1), a police officer under the Community Safety and Policing Act, 2019 22 (1) The Workplace Safety and Insurance Board shall require Schedule 1 and Schedule 2 employers under the Workplace Safety and Insurance Act, 1997 to make payments to defray the cost of administering this Act and the regulations. 16, s. 2. • Encourage ONA occupational health and safety representatives to take more active roles in promoting health and safety initiatives in their Bargaining Units. Occupational Health and Safety Act, RSO 1990, c O.1, <, This statute is current to 2019-12-08 according to the, Prevention Council, Chief Prevention Officer and designated entities, RIGHT TO REFUSE OR TO STOP WORK WHERE HEALTH OR SAFETY IN DANGER, 26. between Dec 10, 2019 and Jul 20, 2020 (past), 25. between Jul 1, 2019 and Dec 9, 2019 (past), 24. between Jun 6, 2019 and Jun 30, 2019 (past), 23. between Nov 21, 2018 and Jun 5, 2019 (past), 22. between Jan 1, 2018 and Nov 20, 2018 (past), 21. between Dec 14, 2017 and Dec 31, 2017 (past), 20. between Nov 27, 2017 and Dec 13, 2017 (past), 19. between Dec 8, 2016 and Nov 26, 2017 (past), 18. between Sep 8, 2016 and Dec 7, 2016 (past), 17. between Jul 1, 2016 and Sep 7, 2016 (past), 16. between Mar 8, 2016 and Jun 30, 2016 (past), 15. between Dec 3, 2015 and Mar 7, 2016 (past), 14. between Nov 20, 2014 and Dec 2, 2015 (past), 13. between Apr 1, 2012 and Nov 19, 2014 (past), 12. between Dec 31, 2011 and Mar 31, 2012 (past), 11. between Jun 1, 2011 and Dec 30, 2011 (past), 10. between Mar 30, 2011 and May 31, 2011 (past), 9. between Jul 1, 2010 and Mar 29, 2011 (past), 8. between Jun 15, 2010 and Jun 30, 2010 (past), 7. between Dec 15, 2009 and Jun 14, 2010 (past), 6. between Aug 20, 2007 and Dec 14, 2009 (past), 5. between Jul 25, 2007 and Aug 19, 2007 (past), 4. between Apr 1, 2007 and Jul 24, 2007 (past), 3. between Jun 22, 2006 and Mar 31, 2007 (past), 2. between Nov 1, 2004 and Jun 21, 2006 (past), 1. between Dec 12, 2001 and Oct 31, 2004 (past), Control of Exposure to Biological or Chemical Agents, Criteria to be Used and Other Matters to be Considered by the Board Under Subsection 46 (6) of Act, Designated Substance - Asbestos on Construction Projects and in Buildings and Repair Operations, Joint Health and Safety Committees - Exemption from Requirements, Occupational Health and Safety Awareness Training, University Academics and Teaching Assistants, Workplace Hazardous Materials Information System (WHMIS), Designated Substance - Coke Oven Emissions, Designations Under Clause 16 (1) (N) of the Act, Inventory of Agents or Combinations of Agents for the Purpose of Section 34 of the Act, Training Requirements for Certain Compulsory Trades, Training Requirements for Certain Skill Sets and Trades, Oversight of Health Facilities and Devices Act, 2017, Freedom of Information and Protection of Privacy Act, Laboratory and Specimen Collection Centre Licensing Act, Personal Health Information Protection Act, 2004, Crown Liability and Proceedings Act, 2019. (e) a worker selected by a trade union or trade unions or by workers to represent them. Act First Safety’s ‘Working at Heights’ program is approved with the Ontario Ministry of Labour. The Ontario Occupational Health and Safety Act (OHSA) sets out the duties of employers in protecting workers from health and safety hazards on the job. (2) An inspector may only enter a dwelling or that part of a dwelling actually being used as a workplace with the consent of the occupier or under the authority of a warrant issued under this Act or the Provincial Offences Act. 23 (1) A constructor shall ensure, on a project undertaken by the constructor that. (3) The Minister is entitled to be a party to a proceeding before the Board. 10, s. 1. R.S.O. (3) If the Chief Prevention Officer is considering providing advice to the Minister concerning a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases, the Chief Prevention Officer shall determine whether the proposed change would be a significant change. (a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. (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. (b) certify a committee member who fulfils the requirements described in clause (a). Matters to consider in determining if change is significant. 4, s. 39 (2)). R.S.O. A designated entity has failed to operate in accordance with a standard established under section 22.5 that applies to it. R.S.O. 2019, c. 15, Sched. 2001, c. 26, s. 2. (e) filed by the employer with a Director on request or if so prescribed. and the same shall be deemed to be good and sufficient service thereof. (b) the group described in paragraph 3 of subsection (2) is represented by not more than one-third of the members of the Council. 1990, c. O.1, s. 51 (1); 2011, c. 1, Sched. Ontario business regulations. 1990, c. O.1, s. 24 (2); 1994, c. 25, s. 83 (2). 9 (1) Subject to subsection (3), this section does not apply, (a) to a constructor at a project at which work is expected to last less than three months; or. R.S.O. (5) Until the investigation is completed, the worker shall remain, (a) in a safe place that is as near as reasonably possible to his or her work station; and. R.S.O. 1990, REGULATION 854 MINES AND MINING PLANTS Consolidation Period: From February 14, 2014 to the e-Laws currency date. R.S.O. 1990, c. O.1, s. 46 (1); 1998, c. 8, s. 53 (1). 2011, c. 11, s. 8 (2). concerning occupational health and safety in Ontario. Enabling Act: CANADA LABOUR CODE. (36) A member of a committee shall be deemed to be at work while the member is fulfilling the requirements for becoming a certified member and the member’s employer shall pay the member for the time spent at the member’s regular or premium rate as may be proper. 1998, c. 8, s. 57 (2). (3) An employer’s duty to provide information to a worker under clause 25 (2) (a) and a supervisor’s duty to advise a worker under clause 27 (2) (a) include the duty to provide information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour if, (a) the worker can be expected to encounter that person in the course of his or her work; and. (7) An inspector shall investigate the refusal to work in consultation with the employer or a person representing the employer, the worker, and if there is such, the person mentioned in clause (4) (a), (b) or (c). R.S.O. COVID-19 : Obtenez les plus rÃ©centes mises Ã jour, faites une autoÃ©valuation ou renseignez-vous sur Alerte COVID, lâapplication dâavis dâexposition Ã la COVID-19. (8) The Chief Prevention Officer shall provide an annual written report to the Minister on occupational health and safety that includes a measurement of the achievement of the goals established in the strategy, and that contains such other information as the Minister may require. 2001, c. 9, Sched. (3) Subsection (2) applies with all necessary modifications if an employer is advised by or on behalf of a former worker that the worker has or had an occupational illness or that a claim in respect of an occupational illness has been filed with the Workplace Safety and Insurance Board by or on behalf of the worker. (c) such time as is necessary to carry out the member’s duties under subsections (26), (27) and (31). R.S.O. R.S.O. 2011, c. 11, s. 8 (2). 2011, c. 11, s. 8 (1). The worker does not become a member of the committee as a result of the designation. 1990, c. O.1, s. 30. 7.1 (1) The Chief Prevention Officer may establish standards for training programs required under this Act or the regulations. 4, s. 7. 2011, c. 11, s. 8 (2). R.S.O. 2006, c. 19, Sched. 4, s. 2 (2). 2001, c. 9, Sched. This Act was important in that it suggested prohibitions on the work activities of children and women and suggested work hour restrictions for all employees. Occupational Health and Safety Act. 1990, c. O.1, s. 56 (3). 53 (1) If an accident, premature or unexpected explosion, fire, flood or inrush of water, failure of any equipment, machine, device, article or thing, cave-in, subsidence, rockburst, or other prescribed incident occurs at a project site, mine, mining plant or other prescribed location, the person determined under subsection (2) shall, within two days after the occurrence, give notice in writing with the prescribed information and particulars, (a) to the committee, health and safety representative and trade union, if any; and. 2009, c. 23, s. 3. 25.1 (1) An employer shall not require a worker to wear footwear with an elevated heel unless it is required for the worker to perform his or her work safely. 1990, c. O.1, s. 63 (2). R.S.O. 1990, c. O.1, s. 12 (1); 1997, c. 16, s. 2 (4). 1998, c. 8, s. 56 (1); 2011, c. 11, s. 13 (2). 2 (1) This Act binds the Crown and applies to an employee in the service of the Crown or an agency, board, commission or corporation that exercises any function assigned or delegated to it by the Crown. 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 … 1998, c. 8, s. 57 (2). 1990, c. O.1, s. 33 (12). (4) A reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment. R.S.O. For example, under the Child and Family Services Act , OCTs are obligated to report any suspicions to a children’s aid society that a child is or may be in need of protection. (e) include any prescribed elements. (2) The Chief Prevention Officer may revoke or amend an accreditation or recognition. 2011, c. 11, s. 3. 1990, c. O.1, s. 9 (26). (4) If the Minister asks the Chief Prevention Officer for advice under subsection (2) or if the Chief Prevention Officer determines under subsection (3) that a proposed change would be a significant change, the Chief Prevention Officer shall, (a) ask the chair of the Prevention Council to state whether the Council endorses the proposed change; and. (a) at least two persons, for a workplace where fewer than fifty workers are regularly employed; or. 10, s. 3. (4) In exercising the power conferred by subsection (2), the Minister shall consider the matters set out in subsection 9 (5). (a) is qualified because of knowledge, training and experience to organize the work and its performance, (b) is familiar with this Act and the regulations that apply to the work, and, (c) has knowledge of any potential or actual danger to health or safety in the workplace; (“personne compétente”), “construction” includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project but does not include any work or undertaking underground in a mine; (“construction”), “constructor” means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer; (“constructeur”), “Deputy Minister” means the Deputy Minister of Labour; (“sous-ministre”), “designated substance” means a biological, chemical or physical agent or combination thereof prescribed as a designated substance to which the exposure of a worker is prohibited, regulated, restricted, limited or controlled; (“substance désignée”), “Director” means an inspector under this Act who is appointed as a Director for the purposes of this Act; (“directeur”), “employer” means a person who employs one or more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services; (“employeur”), “engineer of the Ministry” means a person who is employed by the Ministry and who is licensed as a professional engineer under the Professional Engineers Act; (“ingénieur du ministère”). (c) the danger or hazard is such that any delay in controlling it may seriously endanger a worker. (2) The certified member may request that a second certified member representing the other workplace party investigate the matter if the first certified member has reason to believe that dangerous circumstances continue after the supervisor’s investigation and remedial actions, if any. R.S.O. R.S.O. Names and locations of your workplace joint health and safety committee members. 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.
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