OHS Legislation Over the Years

In Module 1, you saw that occupational health and safety is under provincial legislation
in Canada, and you may have already started to take a closer look at the Ontario
Occupational Health and Safety Act and its regulations.
Now it’s time to examine six important developments in OHS legislation in Canada:
1. 1884: Ontario Factories Act
- Ended child labour
- Established rules of conduct for factories

2. 1914: Workmen’s Compensation Act (passed by Ontario)

Developed to allow injured workers to be compensated appropriately without having to
take their employers to court

3. 1935: Industrial Standards Act (passed by Ontario)

Set out rules for employers regarding pay and hours of work

4. 1972: Occupational Health Act (passed by Saskatchewan)

"Considered to be the first legislation of its kind in North America" (Canadian Public
Health Association, n.d.)

Established joint health and safety committees (JHSCs) from which emerged three
fundamental worker rights:

1. Right to participate
Participate in their own safety (e.g., via JHSCs)
You have the right to take part in keeping your workplace healthy and safe.
You can be part of the health and safety committee or a health and safety
representative.
You have the right to participate in training and information sessions to help you do
your job safely.
2. Right to know
Right to be informed of any hazards that exist in the workplace
employer/supervisor needs to inform you of anything in your job that can hurt you
And they have to make sure you have the information you need to work safely.
3. Right to refuse unsafe work
Right to refuse work that they believe is unsafe – varies from individual to individual
If you think your job may be putting you in danger, you have an obligation to tell your
supervisor about it.
 Report the unsafe situation to management.
If the situation is not correct and you feel your health and safety is at risk you have
the right to refuse to do the work and you can’t get in trouble from your boss or your
company. Not if it’s unsafe.
5. 1974: Ham Commission (Ontario)
- Self-regulating
- Formed the basis of Ontario’s OHS Act in 1978
- Developed the internal responsibility system (IRS)
- Gives responsibility to employers and workers to cooperate and control OHS
hazards
6. 1987: Workplace Hazardous Materials Information System (WHMIS)
- National communication system
- Set criteria for identifying and labeling hazardous materials
- Part of “right to know”

Provincial vs. Federal Legislation

Although occupational health and safety is under provincial legislation in Canada, note
that federal workplaces (e.g., banks, airports) within a province must comply with
federal legislation.
Act vs. Regulation

When it comes to occupational health and safety legislation, what is the difference
between an act and a regulation? Think about how you would explain the difference,
and then click to reveal the definitions below.

Act
An act is a document containing laws. An act specifies the duties of various workplace
parties and provides a general overview of correct procedures to be followed.
Ontario’s Occupational Health and Safety Act is divided into the following parts:
● Part I: Application
● Part II: Administration
● Part II.I: Prevention Council, Chief Prevention Officer and designated entities
● Part III: Duties of employers and other persons
● Part III.0.I: Workplace violence and workplace harassment
● Part III.I: Codes of practice
● Part IV: Toxic substances
● Part V: Right to refuse or to stop work where health and safety in danger
 ● Part VI: Reprisals by the employer prohibited
● Part VII: Notices
● Part VIII: Enforcement
● Part IX: Offences and penalties
● Part X: Regulations

Regulation
Regulations are specific rules that support other legislation. Details on the procedures
or equipment outlined in an act are found in the related regulations.
Regulations that fall under the Ontario Occupational Health and Safety Act include:
1. Safety Regulations – govern various types of workplaces
2. Designated Substances – 11 agents, e.g., known carcinogens
3. General – includes occupational exposure limits for chemicals; WHMIS
4. Hazardous Physical Agents – X-rays
5. Regulations that Directly Affect/Impact the OHS Act
○ Confined spaces
○ Training programs
○ Joint health and safety committees

It’s important to remember that health and safety legislation represent the minimum
requirements for health and safety. Legislation cannot apply in every situation, and
there exist gaps.

Standards and Codes

Standards and codes are written procedures that detail the safe and healthy way to
perform job tasks.
So what is the difference between a standard and a code? Think about how you would
explain the difference before clicking to reveal each definition.

Standard
An operational principle, criterion, or requirement pertaining to working conditions,
methods, equipment, or materials in the workplace. Standards are developed by
government, professional organizations, and technical/trade associations.

Code
A set of standards, rules, or regulations relating to a specific area.

If a standard or code is referenced in the legislation, you must abide by the

standard/code (e.g., CAN/CSA-Z259.2.1-98 (R2008): Fall Arresters, Vertical Lifelines
and Rails).

OHS Roles and Responsibilities

When it comes to occupational health and safety legislation, it is important to

understand the roles and responsibilities of the various workplace parties.
explore the health and safety duties of employers, supervisors, and workers as outlined
in the OHS Act.

Definition of employer

“A person who employs one or more workers or contracts for the services of one or
more workers and includes a contractor or subcontractor who performs work or supplies
services and a contractor or subcontractor who undertakes with an owner, constructor,
contractor or subcontractor to perform work or supply services” (Source: OHS Act)

OHS Duties of an Employer

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 building, structure, or any part thereof, or any other part of a workplace,
whether temporary or permanent, is capable of supporting any loads that may be
applied to it.

(Source: OHS Act)

General duty (due diligence) clause:

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

8. take every precaution reasonable in the circumstances for the protection of a

worker

(Source: OHS Act)

Definition of supervisor

“A person who has charge of a workplace or authority over a worker” (Source: OHS Act)

OHS Duties of a 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.

27 (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.

Definition of 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. A person who performs work or supplies services for monetary compensation.

 2. A secondary school student who performs work or supplies services for no
monetary compensation under a work experience program authorized by the
school board that operates the school in which the student is enrolled.
3. A person who performs work or supplies services for no monetary compensation
under a program approved by a college of applied arts and technology,
university, private career college or other post-secondary institution.
4. Such other persons as may be prescribed who perform work or supply services
to an employer for no monetary compensation”

(Source: OHS Act)

OHS 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.

(Source: OHS Act)

OHS Penalties

Since the Occupational Health and Safety Act and its regulations are legal documents,
anyone who is found to be in contravention is subject to penalties. This applies to any
individual in the workplace whether they are a worker or a supervisor or an employer.
66. (1) Every person who contravenes or fails to comply with,

1. a provision of this Act or the regulations;

2. an order or requirement of an inspector or a Director; or
3. an order of the Minister,
is guilty of an offence and on conviction is liable to a fine of not more than
$100,000 or to imprisonment for a term of not more than twelve months, or
to both
Idem
 66. (2) If a corporation is convicted of an offence under subsection (1), the
maximum fine that may be imposed upon the corporation is $1,500,000 and
not as provided therein.
(Source: OHS Act)
Examples

The following examples of occupational health and safety penalties involve companies
and organizations that you may recognize.
“Centre for Addiction and Mental Health fined $80,000 after workplace violence”
“Cracker company fined $110,000 after worker suffers injuries from conveyor”
“Hydro Ottawa fined $225,000 after worker killed, others injured while working near
power lines”
You can explore other more recent cases in the Ontario Ministry of Labour, Training and
Skills Development Newsroom.
OHS Prevention

You will remember from Module 1 that the goal of occupational health and safety is to
control the risks to prevent a work-related incident.
This highlights why prevention is so important, and in order for prevention to be
effective, it really is up to all workplace parties to create a healthy and safe work
environment.
Keys to Prevention

● The focus of prevention must be in the workplace.

○ Local knowledge and history of the workplace and work practices are
crucial to accident prevention among the almost 7 million workers in
Canada.
○ Ontario has only 400 Ministry of Labour, Training and Skills Development
inspectors – not enough to leave the prevention of workplace injuries up to
them.
● Everyone has a role, everyone is involved, 100% of the time.
○ The model in the Ontario legislation is that everyone can cause an
accident, so everyone should be involved in preventing them.

Consider This
A safety program in a workplace (e.g., site-specific policies and procedures) is like the
operating system on your computer – in a proper workplace, you don’t necessarily think
about it, but it runs in the background all of the time.

Internal Responsibility System (IRS)

The underlying philosophy of OHS legislation is the internal responsibility system

(IRS). Essentially, everyone in the workplace – both employees and employers – is
responsible for their own safety and for the safety of coworkers (adapted from Canadian
Centre for Occupational Health and Safety). In other words, external parties should not
be required to ensure that an organization is addressing workplace health and safety
issues.
Who Is Responsible for the IRS

Now consider the structure of IRS as it relates to the different workplace parties.
Specifically, this is with regards to authority, responsibility, and accountability. See
Figure 2.1 below.
 Figur
e 2.1: Basic structures of the IRS
Source: Strahlendorf 2013
(Opens PDF document)
Long Description

What the IRS Guarantees

The IRS does the following:

● Establishes responsibility sharing systems

 ● Promotes safety culture
● Promotes best practice
● Helps develop self-reliance
● Ensures compliance

(Source: Canadian Centre for Occupational Health and Safety)

our View

With what you have learned about health and safety legislation and prevention in this
module, think about how you would respond to the following question.
Why rely on the IRS?
It is important to rely on the IRS for the following reasons:
○ Health and safety legislation represent the minimum requirements.
○ Legislation cannot apply in every situation.
○ Gaps exist.
○ There are a limited number of compliance officers.
○ Mandates and regulations change from time to time.
Joint Health and Safety Committees (JHSCs)

Joint health and safety committees are a key element of a well-functioning internal
responsibility system in a workplace. They are composed of worker and employer
representatives, and their goal is to identify and solve health and safety problems in the
workplace.
Principal Functions of JHSCs

Through regular meetings and workplace inspections, JHSCs are tasked with the
following:

● Recognize workplace hazards

● Evaluate the hazards and risks that may cause incidents, injuries, and illness
● Participate in development and implementation of programs to protect the
employees’ safety and health
● Respond to employee complaints and suggestions concerning safety and health
● Ensure the maintenance and monitoring of injury and work hazard records
● Monitor and follow-up hazard reports and recommend action
● Set up and promote programs to improve employee training and education
● Participate in safety and health inquiries and investigations, as appropriate
● Consult with professional and technical experts
● Participate in resolving workplace refusals and work stoppages
 ● Make recommendations to management for incident prevention and safety
program activities
● Monitor effectiveness of safety programs and procedures

(Source: OHS Answers Fact Sheets)

Legislative Requirements for JHSCs

Click on the various sizes of workplaces below to see whether a JHSC is required and
how many members it must have.
Workplaces of 1-5 workers
You are not required to have a JHSC or a health and safety representative unless your
workplace uses designated substances.

Workplaces of 6-19 workers

You are required to have one health and safety representative who is selected by the
workers they represent. If your workplace uses designated substances, you are
required to have a JHSC.

Workplaces of 20-49 workers…

You are required to have a JHSC. The committee must have at least two members*.

*At least half the members must be workers who do not have managerial functions.

Workplaces of 50+ workers…

You are required to have a JHSC. The committee must have at least four members*.

*At least half the members must be workers who do not have managerial functions.

(Content in the widget above is excerpted from the Guide for Health and Safety
Committees and Representatives.)

Specific Requirements for JHSCs in Ontario

● Names of JHSC members are to be posted in the workplace

● Must meet at least every three months
● Record minutes of meeting and post them one week after the meeting
● Receive worker concerns, complaints, and recommendations
● Participate in work refusals
(Source: Guide for Health and Safety Committees and Representatives)

Health vs. Safety: Revisited

Now that you have examined the health and safety responsibilities of workers,
supervisors, and employers and have taken a closer look at the role of the IRS and
JHSCs in preventing and solving health and safety issues in the workplace, you will
have realized the importance of the following OHS mantra: Everyone has a role,
everyone is involved, 100% of the time.
That means that you have to be ready to recognize when workplace accidents can
occur (i.e., safety) and when conditions may lead to disease or physiological impairment
(i.e., health).
Overview of Workplace Safety

The phrase “occupational health and safety” is really comprised of two terms: “health”
and “safety.” Health and safety relate to different outcomes. Workplace safety is about
preventing accidents and incidents that lead to injuries to workers and damage to
property/environment.
The following bar chart (Figure 2.2) gives you an idea of some of the most common
types of safety-related injury claims in the province of Ontario in 2019.
Figure 2.2: Top 5 lost-time claims by nature of injury in 2019 (values shown are
percentages)
Source: WSIB, 2019
Long Description

Every year, the WSIB releases a new statistical report. For the most recent injury claim
data, visit the WSIB By the Numbers web page.

Looking Ahead

The next pages in this module will cover some of the most common workplace safety
issues and how to prevent them:

● Slips, trips, and falls

● Fire safety
● Electrical safety

Slips, Trips, and Falls

For each of the workplace safety issues below, think of some key prevention methods
and then compare your thinking by clicking to reveal some sample responses.
Slips occur when a person’s centre of gravity is suddenly thrown out of balance, usually
due to loss of friction.
What are some prevention methods for slips?
● Clean up spills immediately; good housekeeping
● Proper footwear
● Do not run

Trips occur when a person encounters an unseen object in their path.

What are some prevention methods for trips?
● Keep high foot-traffic areas clear
● Repair loose carpeting or tile
● Ensure adequate lighting

Falls occur from a height (e.g., ladder, steps, elevated platform).

What are some prevention methods for falls?
● Use three-point contact at all times (e.g., both feet and one hand or two hands
and one foot)
● Install guardrails
● Use fall arrest systems (e.g., harnesses)

Slips, Trips, and Falls

For each of the workplace safety issues below, think of some key prevention methods
and then compare your thinking by clicking to reveal some sample responses.
Slips occur when a person’s centre of gravity is suddenly thrown out of balance, usually
due to loss of friction.
What are some prevention methods for slips?
● Clean up spills immediately; good housekeeping
● Proper footwear
● Do not run

Trips occur when a person encounters an unseen object in their path.

What are some prevention methods for trips?
● Keep high foot-traffic areas clear
● Repair loose carpeting or tile
● Ensure adequate lighting
Falls occur from a height (e.g., ladder, steps, elevated platform).
What are some prevention methods for falls?
● Use three-point contact at all times (e.g., both feet and one hand or two hands
and one foot)
● Install guardrails
● Use fall arrest systems (e.g., harnesses)

Tips for Step Stool and Ladder Safety

● Make sure all of the feet of the ladder or step stool are level.
● Ensure the step stool is spread fully open and the spreaders are locked in place.
● Wear proper shoes.
● When ascending or descending, always face toward the step stool.
● Do NOT stack step stools, chairs, or any other furniture or use inappropriate
equipment to reach a height.
● Set up the step stool close to the work being performed. Work with your body
near the middle of the steps. Prevent tipping due to over-reaching from the side.
● Do NOT hold objects in your hands while climbing or descending.

Fire Safety

The Fire Triangle

The fire triangle diagram below shows the three ingredients for a fire. Click on the
hotspots in the diagram to explore some additional details related to fire safety
awareness.

Reminder

It is important to remember that you just need to remove one of these three elements,
and you will not have a fire.

Fire Extinguishers

It's important to know that not all fire extinguishers are created equal. Fire extinguishers
are classified according to the types of fires that they can combat. As you can see in
Figure 2.3, there are five different types of extinguishers: A, B, C, D, and K.
Figure 2.3: The five classes of fires
Source: “Fire Safety” on Mr. Ferguson's Class Site
Long Description

Note: Figure 2.3 is included in this module mainly for information purposes.
Fire Prevention Tips

● Practice good housekeeping (i.e., keep workplace clean and orderly).

● Report electrical hazards (e.g., frayed wiring or loose electrical outlets).
● Use and store chemicals safely.
● Use all precautions to prevent ignition in potentially explosive atmospheres (e.g.,
flammable liquid storage). Use non-sparking tools, and control static electricity as
required.
● Never block sprinklers, firefighting equipment, or emergency exits. Observe
clearances when stacking materials.
● Know your closest exit and practice evacuations.
● Learn how to properly use a fire extinguisher.
● Use the least flammable materials.
● Ensure appropriate fire extinguishers are readily available; inspect as per
manufacturer’s instruction.
 ● Install and regularly inspect smoke detection system.
● Store flammable material away from heat sources.
● Where possible, use smallest fuel container size.
● Ensure that you know what to do in case of fire (e.g., where to evacuate and how
to use an extinguisher).

In Action: Fire Safety at Toronto Metropolitan University

Watch from the start to the 6:05 mark of the following video on fire prevention created
by Ryerson University [now Toronto Metropolitan University]. It shows the prevention
methods in place in Toronto Met workplaces, particularly laboratory settings.
Fire Safety Wrap-Up

Consider how you would respond to the following questions, and then click to compare
your thinking to the responses.
How would you define fire hazards?
These are conditions that favour the ignition and spread of fire.

What do you think are the two main fire-related workplace injuries?
Burns and suffocation.

What is PASS?
It’s a four-step procedure for using a fire extinguisher. If you aren’t familiar with the four
steps, watch this video on how to use a fire extinguisher [0:29].

Electrical Safety

Before discussing electrical safety, it can be helpful to do a quick review of the basics of
electricity and why it is a risk.

Electrical Basics

Analogy for electricity = water flowing through a pipe.

Electricity is the flow (like water) of electrons through a conductor, such as a wire. The
rate at which electricity flows is measured as an electric current. The electric current is
measured in amps.
Continuing with the water analogy, a battery would be the pump that makes the water
flow, which creates pressure in the pipe. The pressure is the voltage.

The watts are the power the water could provide (like to a mill wheel). The watt is a
measure of how much power is released each second.

The voltage of the electricity and the available electrical current in regular
businesses and homes has enough power to cause death by
electrocution…. The amount of current that flows through the body is
determined by the human body resistance and the lesser the body
resistance, the higher the current that flows through the body, which
increases the risk of a fatal electrical shock or severe burns (Canadian
Centre for Occupational Health and Safety, 2018).

People are injured when they become part of the electrical circuit. Humans
are more conductive than the earth (the ground we stand on) which means if
there is no other easy path, electricity will try to flow through our bodies
(Canadian Centre for Occupational Health and Safety, n.d. (a)).

Electrical Hazards

Consider the following common electrical hazards:

● Exposure to electrical parts

○ Direct contact with energized electrical conductors or circuit parts
● Wet conditions
○ Humid or wet conditions, including sweat on the skin, increase the
potential for electric shock
● Using damaged tools or equipment
○ All instruments, tools, and machinery should be inspected before use,
including a visual inspection of all associated cables, power cords, and
connectors
● Circuit overload
○ An electrical circuit system is made up of a breaker, wiring, and device
that requires power (i.e., needs to be plugged in). Each device that is
plugged into the circuit adds to the load to which the circuit needs to
supply power. If this load exceeds the rating of the circuit wiring, it will trip
the breaker and turn off all the power to that circuit.
● Improper grounding
 ○ Grounding is a method of connecting an isolated conductor to some type
of ground (a deep-driven ground rod is preferred) in order to trip or ground
the circuit as quickly as possible
● Damaged insulation
○ Can lead to bare wire being exposed, resulting in a shock to anyone who
comes into contact with the wire
○ Caused by:
■ Direct sunlight leading to degradation of insulation material
■ Wire in contact with abrasive surfaces
■ Animals chewing on the insulation
■ Repeated exposure to elevated temperatures

(Source: Adapted from HSSE World)

Prevention Practices

Video

Watch this Canadian Occupational Safety video on electrical safety tips for the
workplace [1:46].

Key Points from Module 2

○ According to the OHS Act, every party has certain duties.

○ Workers have three fundamental rights.
○ Legislation is the bare minimum, and organizations should rely on the internal
responsibility system.
○ Workplace safety hazards are quite prevalent.
○ It is important to know the risks associated with slips, trips, and falls; fire
hazards; and electrical hazards.
○ Ultimately, each worker needs to take ownership of their own health and
safety while at work.