• ISBN: 978-1-4249-6190-0
  • Issued: May 2004
  • Content last reviewed: June 2009

Occupational Health & Safety Act, 1990

Section 25 - Duties of Employers

25. (1) An employer shall ensure that,

  1. the equipment, materials and protective devices as prescribed are provided;
  2. the equipment, materials and protective devices provided by the employer are maintained in good condition;
  3. the measures and procedures prescribed are carried out in the workplace;
  4. the equipment, materials and protective devices provided by the employer are used as prescribed; and
  5. a floor, roof, wall, pillar, support or other part of a workplace is capable of supporting all loads to which it may be subjected without causing the materials therein to be stressed beyond the allowable unit stresses established under the Building Code Act.

(2) Without limiting the strict duty imposed by subsection (1), an employer shall,

  1. provide information, instruction and supervision to a worker to protect the health and safety of the worker;
  2. 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;
  3. when appointing a supervisor, appoint a competent person;
  4. 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;
  5. afford assistance and co-operation to a committee and a health and safety representative in the carrying our by the committee and the health and safety representative of any of their functions;
  6. only employ in or about a workplace a person over such age as may be prescribed;
  7. not knowingly permit a person who is under such age as may be prescribed to be in or about a workplace;
  8. take every precaution reasonable in the circumstances for the protection of a worker;
  9. 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;
  10. prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy;
  11. post at a conspicuous location in the workplace a copy of the occupational health and safety policy;
  12. 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
  13. advise workers of the results of a report referred to in clause (1) and, if the report is in writing, make available to them on request copies of the portions of the report that concern occupational health and safety.

(3) For the purposes of clause (2) (c), an employer may appoint himself or herself as a supervisor where the employer is a competent person.

(4) Clause (2) (j) does not apply with respect to a workplace at which five or fewer employees are regularly employed. R.S.O. 1990, c. O.1, s. 25.

Section 27 - Duties of Supervisor

27. (1) A supervisor shall ensure that a worker,

  1. works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and
  2. uses or wears the equipment, protective devices or clothing that the worker's employer requires to be used or worn.

Additional duties of supervisor

(2) Without limiting the duty imposed by subsection (1), a supervisor shall,

  1. 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;
  2. where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and
  3. take every precaution reasonable in the circumstances for the protection of a worker. R.S.O. 1990, c. O.1, s. 27.

Section 28 - Duties of workers

28. (1) A worker shall,

  1. work in compliance with the provisions of this Act and the regulations;
  2. use or wear the equipment, protective devices or clothing that the worker's employer requires to be used or worn;
  3. report to his or her employer or supervisor the absence of or defect in any equipment or protective device of which the worker is aware and which may endanger himself, herself or another worker; and
  4. report to his or her employer or supervisor any contravention of this Act or the regulations or the existence of any hazard of which he or she knows.

Idem

(2) No worker shall,

  1. remove or make ineffective any protective device required by the regulations or by his or her employer, without providing an adequate temporary protective device and when the need for removing or making ineffective the protective device has ceased, the protective device shall be replaced immediately;
  2. use or operate any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any other worker; or
  3. engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct.

Industrial Establishments Regulation (Reg. 851)

Section 12 - Premises

Clearances between a moving part of any machine or any material carried by the moving part of the machine and any other machine, structure or thing shall be adequate to ensure that the safety of any worker in the area is not endangered. R.R.O. 1990, Reg. 851, s. 12.

Section 25 - Machine Guarding

An in-running nip hazard or any part of a machine, device or thing that may endanger the safety of any worker shall be equipped with and guarded by a guard or other device that prevents access to the pinch point. R.R.O. 1990, Reg. 851, s. 25.

Section 26 - Machine Guarding

A machine shall be shielded or guarded so that the product, material being processed or waste stock will not endanger the safety of any worker. R.R.O. 1990, Reg. 851, s. 26.

Section 75 - Maintenance and Repairs (Blocking)

A part of a machine, transmission machinery, device or thing shall be cleaned, oiled, adjusted, repaired or have maintenance work performed on it only when,

  1. motion that may endanger a worker has stopped; and
  2. any part that has been stopped and that may subsequently move and endanger a worker has been blocked to prevent its movement. R.R.O. 1990, Reg. 851, s. 75.

Section 76 - Maintenance and Repairs (Lock-Out)

Where the starting of a machine, transmission machinery, device or thing may endanger the safety of a worker,

  1. control switches or other control mechanisms shall be locked out; and
  2. other effective precautions necessary to prevent any starting shall be taken. R.R.O. 1990, Reg. 851, s. 76; O. Reg. 230/95, s. 1.

Section 85 - Protective Equipment

Where a worker is exposed to the hazard of falling and the surface to which he or she might fall is more that three metres below the position where he or she is situated,

  1. the worker shall wear a serviceable safety belt or harness and lifeline adequately secured to a fixed support and so arranged that the worker cannot fall freely for a vertical distance of more than 1.5 metres; and
  2. the fall arresting system described in clause (a) shall,
    1. have sufficient capacity to absorb twice the energy and twice the load that under the circumstances of its use may be transmitted to it, and
    2. be equipped with a shock absorber or other devices to limit the maximum arresting force to 8.0 kilonewtons to the wearer. R.R.O. 1990, Reg. 851, s. 85.

Standards Listed in the Guideline

ANSI (American National Standards Institute) Z245.1-2008 for equipment technology and Operations for Wastes and Recyclable Materials- Mobile Waste and Recyclable Materials Collection, Transportation, and Compacting Equipment Safety Requirements

IEC (International Electrotechnical Commission) 61496-1 Safety of machinery- Electro-sensitive protective equipment Part 1: General requirements and tests

IEC (International Electrotechnical Commission) 61496-2 Safety of machinery- Electro-sensitive protective equipment Part 2: Particular requirements for equipment using opto-electronic protective devices (AOPDs)

IEC (International Electrotechnical Commission) TS 62046 Safety of machinery- application of protective equipment to detect the presence of persons

ISO (International Standards Organization) 14120 Guards-General requirements for the design and construction of fixed and movable guards

ISO (International Standards Organization) 14119 Interlocking devices associated with guards- principles for design and selection

ISO (International Standards Organization) 4413 Safety requirements for fluid power systems and components - Hydraulics

Obtaining International Standards

IHS is the exclusive Canadian distributor of standards from the International Organization for Standardization (ISO), the International Electrotechnical Commission (IEC) and the American National Standards Institute (ANSI). IHS contact information:

IHS Canada
1 Antares Drive, Suite 200
Ottawa, Ontario, K2E 8C4
Canada
Phone: (613) 225-2300 or Toll Free: 1-800-387-4408
Fax: (613) 225-2304
E-mail:moreinfo@ihscanada.ca

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