(4) The Board shall make a decision respecting the complaint and may make such order as it considers appropriate in the circumstances including an order decertifying a certified member. 1990, c. O.1, s. 52 (2); 1997, c. 16, s. 2 (12). 2011, c. 11, s. 8 (2). (iii)  an ambulance service or a first aid clinic or station, (iv)  a laboratory operated by the Crown or licensed under the Laboratory and Specimen Collection Centre Licensing Act, or. (3) In appointing members of the Council, the Minister shall ensure that, (a)  an equal number of members are appointed to represent the groups described in paragraphs 1 and 2 of subsection (2); and. (b)  at least four persons or such greater number of people as may be prescribed, for a workplace where fifty or more workers are regularly employed. (5) The time spent by a committee member representing workers, a health and safety representative or a worker selected in accordance with subsection (3) in accompanying an inspector during his or her physical inspection, shall be deemed to be work time for which he or she shall be paid by his or her employer at his or her regular or premium rate as may be proper. 2011, c. 11, s. 14. (3.8) The chair of the Board may make rules to expedite appeals and such rules, (a)  may provide that the Board is not required to hold a hearing; and. R.S.O. 1990, c. O.1, s. 54 (1); 2011, c. 11, s. 15. (3) An employer shall ensure that a hazardous material is not used, handled or stored at a workplace unless the prescribed requirements concerning identification, safety data sheets and worker instruction and training are met. 4, s. 39 (2)). 7, s. 2 (7). The Ontario Occupational Health & Safety Act and Regulations (known as the Green Book), is updated annually based on legislative and regulatory changes. 00 . (15) If there is more than one certified member representing workers, the workers or the trade unions who selected the members representing workers shall designate one or more certified members who then become solely entitled to exercise the rights and required to perform the duties under this Act of a certified member representing workers. 2011, c. 11, s. 8 (1). 32.0.3 (1) An employer shall assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work. (a)  an investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances; (b)  the worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, are informed in writing of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation; (c)  the program developed under section 32.0.6 is reviewed as often as necessary, but at least annually, to ensure that it adequately implements the policy with respect to workplace harassment required under clause 32.0.1 (1) (b); and. (4) The Chief Prevention Officer shall consult with the Prevention Council and shall consider its advice in developing the strategy. 52 (1) If a person is disabled from performing his or her usual work or requires medical attention because of an accident, explosion, fire or incident of workplace violence at a workplace, but no person dies or is critically injured because of that occurrence, the employer shall, within four days of the occurrence, give written notice of the occurrence containing the prescribed information and particulars to the following: 1. 2011, c. 11, s. 6. R.S.O. Notice of accident, inspection by representative. I, s. 3 (4). But this right is often enacted as a last resort, when other means to resolve a health and safety concern have failed, says WSPS ergonomist Tanya Muller. Legislative History: 23/09, 492/09, 95/11, 346/15. 7 (1) The Deputy Minister shall issue a certificate of appointment, bearing his or her signature or a facsimile thereof, to every inspector. R.S.O. R.S.O. “licensed area” means the lands on which the licensee is authorized to harvest or use forest resources. 4, s. 3 (5). 2. 1990, c. O.1, s. 9 (34). (c)  if it is the person’s responsibility under the rental, leasing or similar arrangement to do so, that the machine, device, tool or equipment is maintained in good condition. Labour Relations Act, No. (a)  dismiss or threaten to dismiss a worker; (b)  discipline or suspend or threaten to discipline or suspend a worker; (c)  impose any penalty upon a worker; or. 62 (1) No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or the performance of a duty under this Act or the regulations or in the execution of a warrant issued under this Act or the Provincial Offences Act A copy of the Occupational Health and Safety Act. 16, s. 1; 2017, c. 22, Sched. (8) The Board may at any time, if it considers it advisable to do so, reconsider any decision, order, direction, declaration or ruling made by it under this section and may vary or revoke any such decision, order, direction, declaration or ruling. I, s. 3 (8); 2015, c. 27, Sched. (a)  a provision of this Act or the regulations is being contravened, (b)  the contravention poses a danger or a hazard to a worker, and. 1990, c. O.1, s. 57 (11). 4, s. 7 (1). R.S.O. (c)  subject to such conditions regarding administrative control, work practices, engineering control and time limits for compliance as the Director specifies. 1990, c. O.1, s. 21 (1). occupational health and safety in Ontario workplaces, reinforced the Internal Responsibility System (IRS) and the workplace structures, in particular the joint health and safety committees. (2) Subsection (1) does not apply with respect to an employer of a worker who works as a performer in the entertainment and advertising industry. 2001, c. 9, Sched. (5) Repealed: 2015, c. 27, Sched. 69 No prosecution under this Act or the regulations shall be instituted more than one year after the later of, (a)  the occurrence of the last act or default upon which the prosecution is based; or. It establishes procedures for dealing with workplace hazards and it provides for enforcement … For example, under the Child and Family Services Act , OCTs are obligated to report any suspicions to a children’s aid society that a child is or may be in need of protection. (3) An owner shall ensure that a prospective constructor of a project on the owner’s property has received a copy of the list referred to in subsection (1) before entering into a binding contract with the constructor. 1990, c. O.1, s. 52 (3); 1997, c. 16, s. 2 (13). 2011, c. 11, s. 3. (5) The compliance plan shall specify what the constructor, licensee or employer plans to do to comply with the order and when the constructor, licensee or employer intends to achieve compliance. R.S.O. 181 of 1993 . (7) After approving the strategy, the Minister shall publish it promptly. R.S.O. (a)  if the incident takes place at a project site, the constructor of the project; (b)  if the incident occurs at a mine or a mining plant, the employer of a worker who works in the mine or plant; or. 1990, c. O.1, s. 9 (12). 1990, c. O.1, s. 40 (2). 2011, c. 11, s. 8 (1). 1990, c. O.1, s. 8 (9). (b)  available to the employer or supervisor for the purposes of the investigation. (2) The Chief Prevention Officer may approve a training program that is established before or after this subsection comes into force if the training program meets the standards established under subsection (1). Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 1990, c. O.1, s. 47 (2-7). (“représentation”, “artiste”, “interprète”) 2017, c. 22, Sched. 16, s. 2. 7.3 (1) The Chief Prevention Officer may amend a standard established under subsection 7.1 (1) or 7.2 (1). 1990, c. O.1, s. 42. 1990, c. O.1, s. 25 (3). 1990, c. O.1, s. 56 (5). The Ministry of Labour issues guidance documents to assist 1990, c. O.1, s. 64. A reassessment required under subsection 32.0.3 (4). (b)  if the order or report resulted from a complaint of a contravention of this Act or the regulations and the person who made the complaint requests a copy of it, the inspector shall cause a copy of it to be furnished to that person. (b)  by registered letter addressed to a person or corporation mentioned in clause (a) at the last known place of business of the person or corporation. 2020 Ontario Occupational Health and Safety Act (OHSA) & Regulations Under the Occupational Health and Safety Act (OHSA), Ontario employers are required to post a copy of the Act in the workplace. 2011, c. 11, s. 8 (1). (6) The Chief Prevention Officer may revoke or amend a certification granted under clause (1) (b). An Act to consolidate, harmonize and update the law relating to occupational safety and health; to repeal the Factories Act, Cap 220 and to provide for connected matters. (2) The Chief Prevention Officer may revoke or amend an accreditation or recognition. Duties of directors and officers of a corporation. (3.3) Subject to the rules made under subsection (3.8), the Board shall hold a hearing to consider the appeal unless the Board makes an order under subsection (3.4). R.S.O. 1990, c. O.1, s. 9 (16). Accused liable for acts or neglect of managers, agents, etc. 30, s. 1 (2). (3.3) If a worker is designated under clause (3.2) (a), the following apply: 1. (10) When the Minister establishes and publishes standards under subsections (3) and (9) for the first time after the coming into force of subsection 8 (2) of the Occupational Health and Safety Statute Law Amendment Act, 2011, the Minister shall establish a date for the purposes of subsections (11) and (12) and shall publish it together with the standards. 1.  defining any word or expression used in this Act or the regulations that is not defined in this Act; 2.  designating or defining any industry, workplace, employer or class of workplaces or employers for the purposes of this Act, a part of this Act, or the regulations or any provision thereof; 3.  exempting any workplace, industry, activity, business, work, trade, occupation, profession, constructor, employer or any class thereof from the application of a regulation or any provision thereof; 4.  limiting or restricting the application of a regulation or any provision thereof to any workplace, industry, activity, business, work, trade, occupation, profession, constructor, employer or any class thereof; 5.  exempting an employer from the requirements of clause 37 (1) (a) or (b) with respect to a hazardous material; 6.  respecting any matter or thing that is required or permitted to be regulated or prescribed under this Act; 7.  respecting any matter or thing, where a provision of this Act requires that the matter or thing be done, used or carried out or provided as prescribed; 8.  respecting any matter or thing, where it is a condition precedent that a regulation be made prescribing the matter or thing before this Act or a provision of this Act has any effect; 9.  providing for and prescribing fees and the payment or refund of fees; 10.  prescribing classes of workplaces for which and circumstances under which a committee shall consist of more than four persons and in each case prescribing the number of persons; 11.  prescribing employers or workplaces or classes thereof for the purposes of clause 9 (1) (b); 12.  exempting any workplace, industry, activity, business, work, trade, occupation, profession, constructor or employer or any class thereof from the application of subsection 9 (2); 13.  respecting the conditions for eligibility, qualifications, selection and term of committee members, including certified members, and the operation of the committee; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by adding the following paragraphs: 13.1  exempting any class of workplaces from the requirement set out in subsection 8 (5.1); 13.2  requiring that the training of health and safety representatives under subsection 8 (5.1) meet such requirements as may be prescribed; 14.  exempting any class of workplaces from the requirement set out in subsection 9 (12); 15.  prescribing elements that any policy required under this Act must contain; 16.  regulating or prohibiting the installation or use of any machine, device or thing or any class thereof; 17.  requiring that any equipment, machine, device, article or thing used bear the seal of approval of an organization designated by the regulations to test and approve the equipment, machine, device, article or thing and designating organizations for such purposes; 18.  prescribing classes of employers who shall establish and maintain a medical surveillance program in which workers may volunteer to participate; 19.  governing medical surveillance programs; 20.  respecting the reporting by physicians and others of workers affected by any biological, chemical or physical agents or combination thereof; 21.  regulating or prohibiting atmospheric conditions to which any worker may be exposed in a workplace; 22.  prescribing methods, standards or procedures for determining the amount, concentration or level of any atmospheric condition or any biological, chemical or physical agent or combination thereof in a workplace; 23.  prescribing any biological, chemical or physical agent or combination thereof as a designated substance; 24.  prohibiting, regulating, restricting, limiting or controlling the handling of, exposure to, or the use and disposal of any designated substance; 25.  adopting by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code or standard and requiring compliance with any code or standard that is so adopted; 26.  adopting by reference any criteria or guide in relation to the exposure of a worker to any biological, chemical or physical agent or combination thereof; 27.  enabling a Director by notice in writing to designate that any part of a project shall be an individual project for the purposes of this Act and the regulations and prescribing to whom notice shall be given; 28.  permitting the Minister to approve laboratories for the purpose of carrying out and performing sampling, analyses, tests and examinations, and requiring that sampling, analyses, examinations and tests be carried out and performed by a laboratory approved by the Minister; 29.  requiring and providing for the registration of employers of workers; 30.  providing for the establishment, equipment, operation and maintenance of mine rescue stations, as the Minister may direct, and providing for the payment of the cost thereof and the recovery of such cost from the mining industry; 31.  prescribing training programs that employers shall provide; 31.1  requiring that training programs provided by employers meet such requirements as may be prescribed; 32.  increasing the number of certified members required on a committee; 33.  prescribing restrictions, prohibitions or conditions with respect to workers or workplaces relating to the risks of workplace violence; 34.  prescribing forms and notices and providing for their use; 35.  prescribing building standards for industrial establishments; 36.  prescribing by name or description any biological or chemical agent as a hazardous material and any physical agent as a hazardous physical agent; 37.  prohibiting an employer from altering a label on a hazardous material in prescribed circumstances; 38. (5) The constructor or employer shall immediately comply with the direction and shall ensure that compliance is effected in a way that does not endanger a person. and to make the annexed Regulations respecting occupational safety and health made under Part IV of the Canada Labour Code, in substitution therefor, effective March 31, 1986. 2011, c. 11, s. 8 (1). 33 (1) Where a biological, chemical or physical agent or combination of such agents is used or intended to be used in the workplace and its presence in the workplace or the manner of its use is in the opinion of a Director likely to endanger the health of a worker, the Director shall by notice in writing to the employer order that the use, intended use, presence or manner of use be, (b)  limited or restricted in such manner as the Director specifies; or. 10 (1) If a committee is required at a project, other than a project where fewer than fifty workers are regularly employed or that is expected to last less than three months, the committee shall establish a worker trades committee for the project. (a)  specifying that all or any of the duties set out in Part III.0.1 apply for the purposes of the regulations, with such modifications as may be necessary in the circumstances; (b)  specifying who shall be considered an employer for the purposes of the regulations and requiring that person to carry out the specified duties; (c)  specifying who shall be considered a worker for the purposes of the regulations; (d)  specifying what shall be considered a workplace for the purposes of the regulations. 2001, c. 9, Sched. (a)  prepare a policy with respect to workplace violence; (b)  prepare a policy with respect to workplace harassment; and. 2011, c. 11, s. 13 (1). 2009, c. 23, s. 4 (5). These regulations are found under the Occupational Health & Safety Act (OHSA), which is administered and enforced by the Ontario Ministry of Labour. Throughout the guide, the relevant section numbers of the Occupational Health and Safety Act have been inserted in the text for ease of reference. 55.1 In the case of a workplace at which the number of workers regularly employed is five or fewer, an inspector may in writing order that the policies with respect to workplace violence and workplace harassment required under section 32.0.1 be in written form and posted at a conspicuous place in the workplace. Shaded provisions are not in force. 36 Repealed:  2001, c. 9, Sched. 1990, c. O.1, s. 45. 1990, c. O.1, s. 9 (27). 1990, c. O.1, s. 8 (10). 2011, c. 11, s. 8 (2). (3) The Chief Prevention Officer shall develop a written provincial occupational health and safety strategy that includes. 1990, c. O.1, s. 30. The Occupational Health and Safety Act defines workplace harassment as engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. (a)  the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. C, s. 93 (2). R.S.O. Many students of human resources or occupational health and safety use the book as part of their coursework. 4, s. 7. 4, s. 4 (4). R.S.O. 2017, c. 34, Sched. Jurisdiction when complaint by public servant. (7) The certified member who made the direction or an inspector may cancel it. 40 (1) An employer may file a claim for an exemption from disclosing, (a)  information required under this Part in a label or safety data sheet; or. Employers should note that the Act makes it clear that the employers have the greatest responsibilities with respect to health and safety in the workplace. (4) The constructor or employer shall cause a joint health and safety committee to be established and maintained at the workplace unless the Minister is satisfied that a committee of like nature or an arrangement, program or system in which the workers participate was, on the 1st day of October, 1979, established and maintained pursuant to a collective agreement or other agreement or arrangement and that such committee, arrangement, program or system provides benefits for the health and safety of the workers equal to, or greater than, the benefits to be derived under a committee established under this section. (3) Subsection (2) does not apply if the number of workers regularly employed at the workplace is five or fewer, unless an inspector orders otherwise. The Occupational Health and Safety Act sets out the rights and duties of all parties in the workplace employees and employers in Ontario workplaces--its main purpose is to protect workers against health and safety hazards on the job. 2011, c. 11, s. 8 (1). Commencement This Act shall come … (1.3) The warrant is valid for 30 days or for such shorter period as may be specified in it. “worker” means any of the following, but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program: 1. R.S.O. 2011, c. 11, s. 13 (4). For more information regarding the Occupational Health & Safety Act, Regulations or any other workplace health and safety issue, please contact the Windsor Occupational Health Information Service (WOHIS). R.S.O. 8 (1) At a project or other workplace where no committee is required under section 9 and where the number of workers regularly exceeds five, the constructor or employer shall cause the workers to select at least one health and safety representative from among the workers at the workplace who do not exercise managerial functions. 16, s. 3; 2019, c. 9, Sched. To ensure the safety of all workers on the job, workplaces must comply with the Occupational Health and Safety Act (OHSA).Workplaces need to conduct their own occupational health and safety risk assessments to determine what risks exist within them; they also need to implement policies, procedures and protocols to mitigate these risks. (b)  may make such inquiries and examinations as he or she considers necessary. (3.12) The chair or a vice-chair of the Board constitutes a quorum for the purposes of this section and is sufficient for the exercise of the jurisdiction and powers of the Board under this section. 2, s. 21. Ontario workplaces with more than 20 workers are required to post a copy of the OHSA in their workplace and posting The Green Book allows them to comply with this legislated requirement. 1994, c. 27, s. 120 (1). (b)  allow any person to inspect or to have access to any part of a book, record, writing or other document containing any information obtained. (39) Where a dispute arises as to the application of subsection (2), or the compliance or purported compliance therewith by a constructor or an employer, the dispute shall be decided by the Minister after consulting the constructor or the employer and the workers or the trade union or trade unions representing the workers. Consultation on industrial hygiene testing. 1990, c. O.1, s. 54 (5). 2009, c. 23, s. 3; 2011, c. 1, Sched. 1990, c. O.1, s. 57 (1). (2) The Minister may designate an entity as a safe workplace association or as a medical clinic or training centre specializing in occupational health and safety matters if the entity meets the standards established by the Minister. R.S.O. (b)  who advises the committee at a workplace in writing that the constructor or employer adopts the procedures set out in this section respecting work stoppages. 21 (1) The Minister may appoint committees, which are not committees as defined in subsection 1 (1), or persons to assist or advise the Minister on any matter arising under this Act or to inquire into and report to the Minister on any matter that the Minister considers advisable. 22.3 (1) The Minister shall appoint a Chief Prevention Officer to. 1990, c. O.1, s. 33 (4). 4. Ontario Occupational Health & Safety Act (OH&S Act) was originally modeled after the British Factory Act from the 17th century. Act ) is a decision of the trades at the workplace place where homework is carried on where! 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occupational health and safety act ontario

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