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Part VII: Notices

  • Revised: March 20, 2015
  • Content last reviewed: March 2015
  • Also available in Spanish [PDF, 729 Kb / 82 pages ]

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.

Notices Required from Employers

Notices of Injury/Illness

When workplace injuries or illnesses occur, the employer has the following notification duties:

  • If a person, whether a worker or other person, has been critically injured or killed at the workplace, the employer and constructor, if any, must immediately notify a Ministry of Labour inspector, the joint health and safety committee (or health and safety representative) and the union, if there is one. This notice must be by telephone or other direct means. Within 48 hours, the employer must also send a written report of the circumstances of the occurrence, to a Director of the Ministry. The report must contain any prescribed information [subsection 51(1)]. Please consult the applicable sector regulation to determine what information is required.
  • If an accident, explosion, fire or incident of workplace violence occurs and a worker is disabled from performing his or her work or requires medical attention, but no one dies or is critically injured, the employer must notify the joint health and safety 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 [subsection 52(1)]. If required by the inspector, this notice must also be given to a Director of the Ministry.
  • If an employer is informed 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 health and safety 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 [subsection 52(2)]. The duty to notify applies not only to current workers of the employer but also to former ones [subsection 52(3)].
  • When specified and prescribed incidents occur, the constructor of a project or the owner of a mine are required to provide written notice of the occurrence, containing prescribed information, to a Director of the Ministry of Labour, the joint health and safety committee (or health and safety representative) and the trade union, if any, within two days and must contain any prescribed information [subsection 53]. An example of an accident or unexpected event in this situation could be an explosion that occurred but in which no one was injured.
  • Self-employed people are required to notify a Director of the Ministry of Labour, in writing, if they sustain an occupational injury or illness.

Notices of Project

In prescribed circumstances, a constructor may also be required to give written notice to the Ministry of Labour, containing prescribed information, before work begins on a project [subsection 23(2)].

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ISBN 978-1-4606-5307-4 (Print)

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.