OHSA Quick-Reference Notes (Ontario)

OHSA Overview

  • Legal framework for healthy and safe workplaces in Ontario; part of the Green Book with additional regulations.

  • Establishes rights and responsibilities for Employees, Employers, Constructors; outlines procedures to address hazards; enforcement when not complied with.

  • Core concept: Internal Responsibility System (IRS) — everybody shares responsibility for health and safety.

Internal Responsibility System (IRS) and Workers’ Rights

  • IRS: all parties identify, report, and address hazards; cooperation across roles.

  • The 3 Rights of Workers:

    • The Right To Know About workplace hazards

    • The Right To Participate in identifying and solving health & safety problems (e.g., H&S Committee involvement)

    • The Right To Refuse Unsafe Work if it endangers health or safety

OHSA Structure and How to Navigate

  • Parts outline the Act and Regulations:

    • Part 1 – Application

    • Part 2 – Administration

    • Part 2.1 – Prevention Council, Chief Prevention Officer and designated entities

    • Part 3 – Duties of Employers and other persons

    • Part 3.0.1 – Violence and Harassment

    • Part 3.1 – Codes of Practice

    • Part 4 – Toxic Substances

    • Part 5 – Right to Refuse or Stop Work

    • Part 6 – Reprisals Prohibited

    • Part 7 – Notices

    • Part 8 – Enforcement

    • Part 9 – Offences and Penalties

    • Part 10 – Regulations

  • Organization: each Part contains sections (e.g., Definitions S1, Part 1 S2–S4, Part 2 S4.1–S22.1, Part 2.1 S22.2–S22.9, Part 3 S23–S32, etc.).

  • Navigation tips: use Table of Contents, Publisher Index (may vary), page tabs to locate topics quickly.

Key Terms and Definitions

  • Project/Construction: includes building, bridge, mining, roadwork, etc.; and moving a building or related works.

  • Construction: encompasses erection, alteration, repair, demolition, maintenance, earthworks, installation of machinery, etc.

  • Employer: a person who employs or contracts for workers; includes contractors or subcontractors.

  • Constructor: a person who undertakes a project for an owner (includes an owner who undertakes part of a project).

  • Worker: any person performing work for monetary compensation or under approved programs; excludes certain inmate/volunteer categories per definition.

  • Competent Person: qualified by knowledge, training, and experience; familiar with the Act and regulations; aware of hazards.

  • Supervisor: a person who has charge of a workplace or authority over a worker.

  • Workplace: location where a worker works.

Duties of Constructors (Part III, 23(1)23(1))

  • Ensure that the measures and procedures prescribed by the Act and regulations are carried out on the project.

  • Ensure every employer and worker on the project complies with the Act and regulations.

  • Ensure the health and safety of workers on the project is protected.

Duties of Employers (Part III, 25(1)25(1) and 25(2)25(2))

  • Provide and maintain prescribed equipment, materials, and protective devices; ensure they’re used as prescribed.

  • Ensure procedures are carried out and the workplace is safe.

  • Ensure the workplace structure can support expected loads (in line with design/Code requirements or good engineering practice).

  • Provide information, instruction, and supervision to protect health and safety; appoint a competent supervisor; acquaint workers with hazards; co-operate with the health and safety committee/representatives; post the Act and explanatory material in English and other languages as appropriate.

  • Additional duties include age restrictions, general precautions, and ensuring compliance across the workforce.

  • Notable clause references: 25(1)25(1), 25(2)25(2) (a)–(i).

Duties of Supervisors (Part III, 27(1)27(1) and 27(2)27(2))

  • Ensure workers work in the manner prescribed and use required protective devices and clothing.

  • Advise workers of any potential or actual danger; provide written instructions where required; take every reasonable precaution for protection.

Duties of Workers (Part III, 28(1)28(1) and 28(2)28(2))

  • Work in compliance with the Act and regulations; use PPE as required; report defects or hazards to the employer/supervisor.

  • Do not remove or make ineffective protective devices; do not operate equipment in a manner that endangers others; no pranks or rough conduct.

Health and Safety Representatives and Joint Health and Safety Committee

  • Mandatory selection of a health and safety representative where a committee is not required and there are >5 workers: Section 8(1)8(1).

  • Joint health and safety committee required at workplaces with 2020 or more workers, or under certain conditions; or where regulations apply to designated substances: Section 9(2)9(2).

  • Representatives perform monthly (or as regulated) workplace inspections; inspections scheduled by agreement between the constructor/employer and the representative.

Right to Refuse Unsafe Work (Section 4343)

  • Workers may refuse work if equipment or the workplace endangers health or safety; certain workers may be exempt in specific high-risk roles.

  • Upon refusal, the worker must promptly report to the employer/supervisor for investigation in the presence of a worker representative or inspector where applicable.

  • After investigation, if danger persists, the worker may continue to refuse; inspector notification is required in some cases.

Navigating the Green Book and Practical Tips

  • Regardless of publisher, use Table of Contents and Index to locate topics quickly.

  • Expect differences in publisher indices; rely on Table of Contents for section headings (e.g., Duties of Employers).

  • For quick references, cite sections like 25(1)25(1), 25(2)25(2), 27(1)27(1), 28(1)28(1), 43(4)43(4) when answering practice questions.

Quick Reference Practice (Examples)

  • If PPE (safety glasses) are required, the duty to provide and ensure use is under 25(1)25(1)(a).

  • A competent person must be appointed when appointing a supervisor: 25(2)25(2)(c).

  • Supervisors must ensure PPE is used: 27(1)27(1)(b).

  • A guard missing from a saw should be reported under 28(1)28(1)(c).

  • A worker who refuses work must report the circumstances to the employer/supervisor: 43(4)43(4).

  • It is not permissible to engage in pranks or rough conduct: 28(2)28(2)(c).

Quick Practice: Why the OHSA Matters

  • It defines duties across constructors, employers, supervisors, and workers to prevent injury and illness.

  • It provides mechanisms for hazard reporting, employee participation, and safe work refusals.

  • It enables enforcement and penalties to ensure compliance.