• Issued: December 11, 2013
  • Revised: November 14, 2014
  • Content last reviewed: November 2014
  • See also: Sector Plans

Disclaimer: This resource has been prepared to help the workplace parties understand some of their obligations under the Occupational Health and Safety Act (OHSA) and regulations. It is not legal advice. It is not intended to replace the OHSA or the regulations. For further information please see full disclaimer.

The restaurant sub-sector is made up of restaurants, take-out food establishments, caterers, taverns, bars and nightclubs. Family run businesses and small businesses dominate the industry.

Trends

Table 1: Fatalities and injuries in restaurants by fiscal year
Events 2011-12 2012-13 2013-14
Fatalities 1 1 0
Critical injuries 17 14 10

Notes:

  • Only fatality and critical injury events reported to the ministry are included here.
  • This represents data that was reported to the Ministry and may not represent what actually occurred at the workplace.
  • The critical injury numbers represent critical injuries reported to the ministry and not necessarily critical injuries as defined by the Occupational Health and Safety Act (OHSA).
  • Non-workers who are critically injured may also be included in the ministry's data.
  • The Ministry of Labour (MOL) tracks and reports fatalities at workplaces covered by the OHSA. This excludes death from natural causes, death of non-workers at a workplace, suicides, death as a result of a criminal act or traffic accident (unless the OHSA is also implicated) and death from occupational exposures that occurred many years ago.
  • Data is subject to change because of inspectors' updates to the database.
Table 2: Events and activities in restaurants by fiscal year
Events and activities 2011-12 2012-13 2013-14
Field visits 2,541 2,567 2,235
Orders 6,373 6,084 5,161
Work refusals 1 0 0
Complaints 437 433 458

Most common orders issued under the OHSA

From April 1, 2013 to March 31, 2014 the most common orders issued by the Ministry of Labour under the Occupational Health and Safety Act were for failing to:

  • post a copy of the OHSA and any explanatory material prepared by the ministry (OHSA
    clause 25(2)(i))
  • prepare and review at least annually a health and safety policy and develop a health and safety program (OHSA clause 25(2)(j))
  • ensure that equipment, materials and protective devices are maintained in good condition (OHSA clause 25(1)(b))
  • have a health and safety representative (OHSA subsection 8(1))
  • post a copy of the policies regarding workplace violence and workplace harassment (OHSA subsection 32.0)

From April 1, 2013 to March 31, 2014 there were 48 stop work orders issued.

Most common orders issued under the applicable Regulations

From April 1, 2013 to March 31, 2014 the most common orders issued by the Ministry of Labour under the Industrial Regulations 851/90 were for failing to:

  • ensure safe floors or other surfaces (O. Reg. 851 clause 11)
  • provide an eyewash fountain (O. Reg. 851 clause 124)
  • ensure safe handling or storage of a cylinder for compressed gas (O. Reg. 851 clause 49)

From April 1, 2013 to March 31, 2014 the most common order issued by the Ministry of Labour under the Workplace Hazardous Materials Information System (WHMIS) 860/90 was to the employer for failing to:

  • obtain a supplier material safety data sheet for the controlled product

Note: For Workplace Safety and Insurance Board (WSIB) injury experience data in this sub-sector please review: By the Numbers: 2013 WSIB Statistical Report:

Resources

Alerts

MOL Hazard Alerts

Videos

MOL Health and safety videos

More information

Health and Safety Ontario
www.healthandsafetyontario.ca

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ISSN 2292-3004