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Appendix A: Relevant Provisions of OHSA

  • Issued: April 20, 2012
  • Content last reviewed: April 2012

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.

Minister’s Order

9(3) Despite subsections (1) and (2), the Minister may, by order in writing, require a constructor or an employer to establish and maintain one or more joint health and safety committees for a workplace or a part thereof, and may, in such order, provide for the composition, practice and procedure of any committee so established.

9(3.1) Despite subsections (1) and (2), the Minister may, by order in writing, permit a constructor or an employer to establish and maintain one joint health and safety committee for more than one workplace or parts thereof, and may, in the order, provide for the composition, practice and procedure of any committee so established.

9(3.2) In an order under subsection (3.1), the Minister may,

  1. (a) provide that the members of a committee who represent workers may designate a worker at a workplace who is not a member of the committee to inspect the physical condition of the workplace under subsection 9(23) and to exercise a committee member’s rights and responsibilities under clause 43(4)(a) and subsections 43(7), (11) and (12); and
  2. (b) require the employer to provide training to the worker to enable the worker to adequately perform the tasks or exercise the rights and responsibilities delegated by the committee.

9(3.3) If a worker is designated under clause (3.2)(a), the following apply:

  • The designated worker shall comply with this section as if the worker were a committee member while exercising a committee member’s rights and responsibilities.
  • Subsections 9(35) and 43 (13), section 55, clauses 62(5)(a) and (b) and subsection 65(1) apply to the designated worker as if the worker were a committee member while the worker exercises a committee member’s rights and responsibilities.
  • The worker does not become a member of the committee as a result of the designation.

What Minister Shall Consider

9(5) In exercising the power conferred by subsection (3) or (3.1), the Minister shall consider,

  1. a) the nature of the work being done
  2. b) the request of a constructor, an employer, a group of the workers or the trade union or trade unions representing the workers in a workplace
  3. c) the frequency of illness or injury in the workplace or in the industry of which the constructor or employer is a part
  4. d) the existence of health and safety programs and procedures in the workplace and the effectiveness thereof, and
  5. e) such other matters as the Minister considers advisable.

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Disclaimer: This web resource has been prepared to assist the workplace parties in understanding some of their obligations under the Occupational Health and Safety Act (OHSA) and the regulations. It is not intended to replace the OHSA or the regulations and reference should always be made to the official version of the legislation.

It is the responsibility of the workplace parties to ensure compliance with the legislation. This web resource does not constitute legal advice. If you require assistance with respect to the interpretation of the legislation and its potential application in specific circumstances, please contact your legal counsel.

While this web resource will also be available to Ministry of Labour inspectors, they will apply and enforce the OHSA and its regulations based on the facts as they may find them in the workplace. This web resource does not affect their enforcement discretion in any way.