2. About the Act
The Occupational Health and Safety Act came into force on October 1, 1979. Its purpose is to protect workers against health and safety hazards on the job. The main features of the Act are described below.
The Workplace Partnership
Workers and employers must share the responsibility for occupational health and safety. This concept of an internal responsibility system is based on the principle that the workplace parties themselves are in the best position to identify health and safety problems and to develop solutions. Ideally, the internal responsibility system involves everyone, from the company chief executive officer to the worker. How well the system works depends upon whether there is a complete, unbroken chain of responsibility and accountability for health and safety.
Several provisions of the Act are aimed at fostering the internal responsibility system. Two important provisions introduced in 1990 are: (1) the requirement for employers to have a health and safety policy and program; and (2) the direct responsibility that officers of a corporation have for health and safety. The joint health and safety committee, or, in smaller workplaces, the health and safety representative, has a role to play by monitoring the internal responsibility system. The Act sets out the basic rules of operation for both joint committees and health and safety representatives.
The Rights of Workers
To balance the employer's general right to direct the work force and control the production process in the workplace, the Act gives four basic rights to workers.
The Right to Participate
Workers have the right to be part of the process of identifying and resolving workplace health and safety concerns. This right is expressed through worker membership on joint health and safety committees, or through worker health and safety representatives.
The Right to Know
Workers have the right to know about any potential hazards to which they may be exposed. This means the right to be trained and to have information on machinery, equipment, working conditions, processes and hazardous substances. The parts of the Act that implement the Workplace Hazardous Materials Information System (WHMIS) play an important role in giving workers the right to know.
The Right to Refuse Work
Workers have the right to refuse work that they believe is dangerous to either their own health and safety or that of another worker. The Act describes the exact process for refusing dangerous work and the responsibilities of the employer in responding to such a refusal.
The Right to Stop Work
In certain circumstances, members of a joint health and safety committee who are "certified" have the right to stop work that is dangerous to any worker. The Act sets out these circumstances and how the right to stop work can be exercised.
Duties of Employers and Other Persons
The Act imposes duties on those who have any degree of control over the workplace, the materials and equipment in the workplace and the direction of the work force.
There is a general duty on employers to take all reasonable precautions to protect the health and safety of workers. In addition, the Act and regulations set out many specific responsibilities of the employer. For example, there are duties that specifically relate to toxic substances, hazardous machinery, worker education and personal protective equipment.
There is a duty on all officers and directors of corporations to ensure that their corporations comply with the Act and regulations.
The duties of workers are generally to work safely, in accordance with the Act and regulations.
Enforcement
If the internal responsibility system fails to address adequately the health and safety issues in a workplace, or if the Act and regulations are not being followed, the Ministry of Labour has the authority to enforce the law.
Inspectors have broad powers to, among other things, inspect any workplace, investigate any potentially hazardous situation and work refusal, order compliance with the Act and regulations and initiate prosecutions.
Employers, supervisors and workers must assist and co-operate with inspectors.
Regulations
The Occupational Health and Safety Act, which gives the Government of Ontario broad powers to make regulations, sets out general principles and duties for the workplace parties. The regulations set out in detail how these duties are to be carried out. Many regulations have been passed under the Act. For example, there are four separate safety regulations that apply to industrial establishments, construction sites, mines and health care facilities. There are also regulations for each of 11 different chemicals known as "designated substances". These regulations apply only to workplaces where designated substances are present.
Employers, supervisors, owners and constructors, among others, have an obligation to know and comply with the regulations that apply to their workplaces. See Legislation for a complete list of the regulations that have been passed under the Act.
Approved Codes of Practice
In June 2001, the Act was amended to allow the Minister of Labour to approve all or part of a code of practice as a way to comply with a specific regulatory requirement. An approved code could either be developed by the Ministry or by an organization or individual outside the Ministry.
Approval of a code of practice means that the Ministry will consider compliance with the code to be compliance with its corresponding regulatory requirement. But this does not mean that a failure to comply with the code will, in itself, be considered a breach of the regulatory requirement. Alternative measures and procedures to those in the approved code can be used as long as they provide equivalent protection for the health and safety of workers.
