Chapter 6: Duties of Employers and Other Persons | A Guide to the Occupational Health and Safety Act

• ISBN: 978-1-4435-3984-5
• Revised: May 2011
• Content last reviewed: May 2011
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The Occupational Health and Safety Act places duties on many different categories of individuals associated with workplaces, such as employers, constructors, supervisors, owners, suppliers, licensees, officers of a corporation and workers. This chapter outlines the duties of these people.

General Duties of Employers

An Ontario employer who is covered by the Act, has an obligation to:

• instruct, inform and supervise workers to protect their health and safety [section 25(2)(a)];
• assist in a medical emergency by providing any information–including confidential business information–to a qualified medical practitioner who requests the information in order to diagnose or treat any person [section 25(2)(b)];
• appoint competent persons as supervisors [section 25(2)(c)]. "Competent person" has a very specific meaning under the Act. He or she must:
  • be qualified–through knowledge, training and experience–to organize the work and its performance;
  • be familiar with the Act and the regulations that apply to the work being performed in the workplace;
  • know about any actual or potential danger to health and safety in the workplace; ^{[ 1 ]}
• inform a worker, or a person in authority over a worker, about any hazard in the work and train that worker in the handling, storage, use, disposal and transport of any equipment, substances, tools, material, etc. [section 25(2)(d)];
• help committees and health and safety representatives to carry out their duties [section 25(2)(e)];
• not employ workers who are under such age as may be prescribed or knowingly permit underage persons to be in or near the workplace [sections 25(2)(f) and (g)]; ^{[ 2 ]}
• take every precaution reasonable in the circumstances for the protection of a worker [section 25(2)(h)];
• post in the workplace a copy of the Occupational Health and Safety Act, as well as explanatory material prepared by the ministry that outlines the rights, responsibilities and duties of workers. This material must be in English and the majority language in the workplace [section 25(2)(i)];
• prepare a written occupational health and safety policy, review that policy at least once a year and set up a program to implement it [section 25(2)(j)]. ^{[ 3 ]} For guidance on how to do this, see Appendix A;
• post a copy of the occupational health and safety policy in the workplace, where workers will be most likely to see it [section 25 (2)(k)];
• provide the joint committee or the health and safety representative with the results of any occupational health and safety report that the employer has. If the report is in writing, the employer must also provide a copy of the relevant parts of the report [section 25(2)(1)];
• advise workers of the results of such a report. If the report is in writing, the employer must, on request, make available to workers copies of those portions that concern occupational health and safety [section 25(2)(m)]; and
• ensure that every part of the physical structure of the workplace can support all loads to which it may be subjected, in accordance with the Building Code Act and any standards prescribed by the ministry [section 25(1)(e)]. This duty also applies to the self-employed.

Prescribed Duties of Employers

The word "prescribed" appears in many sections of the Act. It means that a regulation must exist in order to put into effect the requirements of that section. Where there is no regulation, the requirements of that section are not in force.

Employers and supervisors have an obligation to know which regulations apply to their workplaces. If there is any uncertainty, an inspector should be consulted.

Here is a list of duties of employers, under the Act, which may be prescribed. The first seven duties also apply to the self-employed. Where there is a regulation, an employer must:

• provide and maintain in good condition any prescribed equipment, materials and protective devices [sections 25(1)(a) and (b)];
• ensure that the above are used in accordance with the regulations [section 25(1)(d)];
• carry out any measures and procedures that are prescribed for the workplace [section 25(1)(c)];
• keep and maintain accurate records, as prescribed, of the handling, storage, use and disposal of biological, chemical or physical agents [section 26(1)(c)];
• notify a director of the Ministry of Labour of the use or introduction into a workplace of any prescribed biological, chemical or physical agents [section 26(1)(e)];
• monitor, as prescribed, the levels of biological, chemical, or physical agents and keep and post accurate records of these levels [section 26(1)(f)];
• comply with a prescribed standard that limits the exposure of a worker to biological, chemical or physical agents [section 26(1)(g)];
• keep, maintain and make available to workers prescribed records of worker exposure to chemical, biological or physical agents [section 26(1)(d)];
• establish and maintain an occupational health service for workers, as prescribed [sections 26(1)(a) and (b)];
• provide prescribed medical surveillance programs and safety-related medical examinations and tests, for the benefit of workers [sections 26(1)(h) and (i)]; ^{[ 4 ]}
• ensure, where prescribed, that only workers who have taken any prescribed medical examinations, tests or X-rays and who have been found physically fit to work, be allowed to work or be in a workplace [section 26(1)(j)];
• where so prescribed, provide a worker with written instructions on the measures and procedures to be taken for his or her protection [section 26(1)(k)]; and
• carry out any prescribed training programs for workers, supervisors and committee members [section 26(1)(l)].

Duties of Employers Concerning Toxic Substances

In workplaces where there are toxic or hazardous substances, the employer has many specific duties. These are described in detail in Chapter 9, "Toxic Substances".

Notices Required from Employers ^{[ 5 ]}

If workplace injuries or illnesses occur, the employer has the following duties to notify certain people:

• If a person, whether a worker or not, has been critically injured or killed at the workplace, the employer must immediately notify an inspector, the joint committee (or health and safety representative) and the union, if there is one. This notice must be by direct means, such as by telephone, telegram or facsimile. Within 48 hours, the employer must also notify, in writing, a director of the Ministry of Labour, giving the circumstances of the occurrence and any information that may be prescribed [section 51(1)].
• If an accident, explosion,fire or incident of workplace violence occurs and a worker is disabled or requires medical attention, the employer must notify the joint committee (or health and safety representative) and the union, if any, within four days of the incident. This notice must be in writing and must contain any prescribed information [section 52(1)]. If required by an inspector, this notice must also be given to a director of the Ministry of Labour.
• If an employer is told that a worker has an occupational illness or that a claim for an occupational illness has been filed with the Workplace Safety and Insurance Board, the employer must notify a director of the Ministry of Labour, the joint committee (or health and safety representative) and the union, if any, within four days. This notice must be in writing and must contain any prescribed information [section 52(2)]. The duty to notify applies not only to current employees but also to former ones [section 52(3)].
• Even if no one is hurt, written notice of an accident or unexpected event that could have caused an injury at a construction site or in a mine or mining plant is required from the constructor of the project or owner of the mine or mining plant. This notice must be given to a director of the Ministry of Labour, the joint committee (or health and safety representative) and the trade union, if any, within two days and must contain any prescribed information [section 53].

Duties of Supervisors

The Act sets out certain specific duties for workplace supervisors. A supervisor must:

• ensure that a worker complies with the Act and regulations [section 27(1)(a)];
• ensure that any equipment, protective device or clothing required by the employer is used or worn by the worker [section 27(1)(b)];
• advise a worker of any potential or actual health or safety dangers known by the supervisor [section 27(2)(a)];
• if prescribed, provide a worker with written instructions about the measures and procedures to be taken for the worker's protection [section 27(2)(b)]; and
• take every precaution reasonable in the circumstances for the protection of workers [section 27(2)(c)].

Duties of Constructors

Under the Act, constructors are employers, with exactly the same duties. In addition, constructors are given the specific responsibility, on projects they undertake, to ensure that:

• the measures and procedures in the Act and regulations are carried out [section 23(1)(a)];
• every employer and worker on the project complies with the Act and regulations [section 23(1)(b)]; and
• the health and safety of workers on the project are protected [section 23(1)(b)].

A constructor may also be required to give written notice to a director, containing prescribed information, before work begins on a project [section 23(2)]. If a constructor is not sure of the obligation to give such a notice, he or she should contact the Ministry of Labour Health & Safety Contact Centre.

Duties of Owners

A person who owns a workplace that is not a construction project also has both general and prescribed duties. An owner must ensure that:

• workplace facilities are provided and maintained as prescribed [sections 29(1)(a)(i) and (ii)];
• the workplace complies with the regulations [section 29(1)(a)(iii)];
• no workplace is constructed, developed, reconstructed or altered except in compliance with the Act and regulations [section 29(1)(a)(iv)]; and
• workplace drawings, plans or specifications are given to a director of the Ministry of Labour, as prescribed [section 29(1)(b)].

An owner or employer can be required, by regulation, to file with the ministry, before any work is done, complete plans for the construction of or change to a workplace [section 29(3)(a)]. These plans, and any subsequent changes in the plans, could be reviewed by a ministry engineer to determine compliance with the Act and regulations. The ministry engineer could also require additional information on the plans from the employer or owner [section 29(4)].

If a regulation required the plans to be reviewed by the ministry engineer, a copy would have to be available at the workplace for examination by a ministry inspector [section 29(3)(b)].

The owner of a mine must update drawings and plans every six months and include details, as prescribed [section 29(2)].

Duties Of Owners And Constructors Concerning Designated Substances

Several general duties regarding designated substances apply to all owners of construction projects as well as to constructors.

Before beginning any work, the owner must first determine if there are any designated substances present at the project site. If there are, the owner must prepare a complete list [section 30(1)].

This list must be included as part of any tendering information on a project [section 30(2)].

Before the owner can enter into a binding contract with a constructor to work on a site where there are designated substances, the owner must ensure that the constructor has a copy of the list [section 30(3)]. The constructor must in turn ensure that any prospective contractor or subcontractor has a copy of the list before any binding contract for work on the project can be made [section 30(4)].

An owner is liable to a constructor and every contractor and subcontractor who suffers any loss or damages as a result of the presence of designated substances that were not on the list. This liability does not apply if the owner could not reasonably have known about the presence of the designated substance(s) [section 30(5)].

The constructor is likewise liable for any damages or losses suffered by contractors and subcontractors if they were not informed by the constructor about a designated substance that was on the list prepared by the owner [section 30(6)].

Duties of Suppliers

Every person who supplies workplace equipment of any kind under a rental, leasing or similar arrangement must ensure that the equipment complies with the Act and regulations and is in good condition. The supplier must also maintain the equipment in good condition if this is his or her responsibility under the rental or leasing arrangement [section 31(1)]. This section does not apply to equipment that is sold to a workplace.

Duties of Licensees

A licensed area is land on which the licensee is authorized to cut Crown timber [section 24(2)]. A licensee must ensure that, in the licensed area:

• the measures and procedures in the Act and regulations are carried out;
• every employer logging for the licensee complies with the Act and regulations; and
• the health and safety of workers employed by those employers are protected [section 24(1)].

Duties of Corporate Officers and Directors

Every officer and director of a corporation must take all reasonable care to ensure that the corporation complies with the Act and regulations as well as with any orders and requirements of Ministry of Labour inspectors, directors and the minister [section 32].

Liability of Architects and Engineers

Architects and engineers are considered to be in contravention of the Act if they negligently or incompetently give advice or a certification required under the Act and, as a result, a worker is endangered [section 31(2)].

Duties of Workers

Workers also have several general duties under the Act. A worker must take responsibility for personal health and safety insofar as he or she is able. Under the Act, a worker must:

• work in compliance with the Act and regulations [section 28(1)(a)];
• use or wear any equipment, protective devices or clothing required by the employer [section 28(1)(b)];
• report to the employer or supervisor any known missing or defective equipment or protective device that may be dangerous [section 28(1)(c)];
• report any known workplace hazard to the employer or supervisor [section 28(1)(d)];
• report any known contravention of the Act or regulations to the employer or supervisor [section 28(1)(d)];
• not remove or make ineffective any protective device required by the employer or by the regulations [section 28(2)(a)]; ^{[ 6 ]}
• not use or operate any equipment or work in a way that may endanger any worker [section 28(2)(b)]; and
• not engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct [section 28(2)(c)]. Racing powered hand trucks in a warehouse or seeing who can pick up the most boxes are examples of unsafe and unacceptable workplace conduct.

^{[ 1 ]} Employers may appoint themselves as supervisors if they meet all three qualifications [section 25(3)].

^{[ 2 ]} Minimum age requirements for different types of workplaces are set out (i.e., prescribed) in various regulations under the Act that apply to those workplaces. For example, a person must be at least 18 years old to work in an underground mine; 16 to work on a construction project or in a logging operation; 15 to work in a factory; and 14 to work in a store or office.

^{[ 3 ]} This provision does not apply to workplaces that regularly employ five or fewer workers.

^{[ 4 ]} Where the law requires a medical surveillance program, employers must offer it to workers. Workers do not have to participate in such a program; they must agree to do so voluntarily [section 28(3)]. (Workers must take safety-related medical examinations, such as the ones required for hoist operators.) If a worker participates in a medical surveillance program the employer must pay the costs, including the worker's reasonable travelling costs [section 26(3)]. The worker is considered to be at work during the time spent undergoing the examinations or tests and must be paid at the regular or premium rate, whichever is applicable. [section 26 (3)(c)].

^{[ 5 ]} Self-employed people are required to notify a director of the Ministry of Labour, in writing, if they sustain an occupational injury or illness.

^{[ 6 ]} The only exception to this rule is if one can provide an adequate temporary protective device. Once there is no longer a need to remove the required protective device or to make it ineffective, it must be replaced immediately. For example, it may be necessary to remove a protective device on a saw in order to cut an unusually large piece of material. In such a case, no one may operate the saw until it has a temporary protective device that will prevent injury. After this operation is complete, the saw's regular protective device must be immediately replaced.

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