The Occupational Health and Safety Act (OHSA) is designed to protect workers from workplace hazards.
There are duties for all workplace parties and rights for workers.
Employers are responsible for establishing safe workplaces and appointing supervisors who know and apply OHS law and principles at work. The Act sets out how to deal with hazards and establishes enforcement for violations of the law. The workplace Internal Responsibility System (IRS) is implicit in the act and the key to success in workplace health and safety. The Act gives workers the “right to know,” the “right to participate” and the “right to refuse unsafe work.”
Supporting the Joint Health and Safety Committee (JHSC) is an important way that workers can exercise their “right to participate” in workplace health and safety. The JHSC is made up of worker and management representatives and has the power to:
- Identify hazards.
- Obtain information from employer.
- Make recommendations to employer.
- Investigate work refusals.
- Investigate serious accidents.
ONA Resources
Our carefully selected resources will assist you with your occupational health and safety initiatives.
ONA Forms for Fatality, Critical Injury, Illness, Accident, and Exposure
Ministry of Labour / Guidance Notes
The Ministry of Labour can inspect workplaces or investigate complaints, injuries or accidents with a view to determining compliance with health and safety law.
When inspectors find violations, they can lay charges and prosecute offenders or issue orders. Consult with your ONA bargaining unit leadership and Labour Relations Officer for help, but if danger is imminent, call your local Ministry of Labour office.
Section 21 Guidance Notes
The Ministry of Labour’s Section 21 Committee is a health care advisory committee established under Section 21 of the Occupational Health and Safety Act (OHSA). It has a mandate to advise and make recommendations to the Minister of Labour on matters relating to the occupational health and safety of health care workers in Ontario. The Committee has equal membership from employer associations and unions, and is facilitated by Ministry of Labour staff.
As part of the Committee’s work, it produces Guidance Notes on topics relevant to health care workers’ health and safety. Guidance Notes provide advice on statutory requirements and good practices to assist the parties in preventing workplace injuries and illnesses. All notes are prepared, reviewed and agreed to by the employer and labour representatives of the Committee and approved by the Ministry of Labour.
Find the full list of approved Section 21 Guidance Notes here: Public Services Health and Safety Association | Healthcare Section 21 (pshsa.ca)
Prosecutions
Joint Health and Safety Committee (JHSC) Resources
Your safety committee/co-chair has the power to write recommendations to your employer and the employer has to respond in writing within 21 days. Tailor the templates below to help you get started.
External Resources
Visit the websites below to obtain further information about rights and responsibilities in your workplace.
Workers Health and Safety Centre
Public Services Health and Safety Association
Ministry of Labour
Ministry of Labour- Approved Providers for Basic Certification Training
