WHMIS

Ontario Legislation

Ontario Due Diligence

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used for any other purpose.

The following is © Queen's Printer for Ontario, 2009 – 2009 Occupational Health and Safety Act, R.S.O. 1990, c. O.1



DUTIES OF EMPLOYERS AND OTHER PERSONS

Duties of constructor

23.
(1) A constructor shall ensure, on a project undertaken by the constructor that,
(a) the measures and procedures prescribed by this Act and the regulations are carried out on the project;
(b) every employer and every worker performing work on the project complies with this Act and the regulations; and
(c) the health and safety of workers on the project is protected.

Notice of project
(2) Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed.
R.S.O. 1990, c. O.1, s. 23.

Duties of licensees

24.
(1) A licensee shall ensure that,
(a) the measures and procedures prescribed by this Act and the regulations are carried out with respect to logging in the licensed area;
(b) every employer performing logging in the licensed area for the licensee complies with this Act and the regulations; and
(c) the health and safety of workers employed by employers referred to in clause (b) is protected.
R.S.O. 1990, c. O.1, s. 24

Definition: In this section, "licensed area" means the lands on which the licensee is authorized to harvest or use forest resources.
R.S.O. 1990, c. O.1, s. 24 (2); 1994, c. 25, s. 83



Duties of employers

25.
(1) An employer shall ensure that,
(a) the equipment, materials and protective devices as prescribed are provided;
(b) the equipment, materials and protective devices provided by the employer are maintained in good condition;
(c) the measures and procedures prescribed are carried out in the workplace;
(d) the equipment, materials and protective devices provided by the employer are used as prescribed; and
(e) a floor, roof, wall, pillar, support or other part of a workplace is capable of supporting all loads to which it may be subjected without causing the materials therein to be stressed beyond the allowable unit stresses established under the Building Code Act.
R.S.O. 1990, c. O.1, s. 25 (1).

Idem (2) Without limiting the strict duty imposed by subsection (1), an employer shall,
(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker;
(b) in a medical emergency for the purpose of diagnosis or treatment, provide, upon request, information in the possession of the employer, including confidential business information, to a legally qualified medical practitioner and to such other persons as may be prescribed;
(c) when appointing a supervisor, appoint a competent person;
(d) acquaint a worker or a person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent;
(e) afford assistance and co-operation to a committee and a health and safety representative in the carrying out by the committee and the health and safety representative of any of their functions;
(f) only employ in or about a workplace a person over such age as may be prescribed;
(g) not knowingly permit a person who is under such age as may be prescribed to be in or about a workplace;
(h) take every precaution reasonable in the circumstances for the protection of a worker;
(i) post, in the workplace, a copy of this Act and any explanatory material prepared by the Ministry, both in English and the majority language of the workplace, outlining the rights, responsibilities and duties of workers;
(j) prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy;
(k) post at a conspicuous location in the workplace a copy of the occupational health and safety policy;
(l) provide to the committee or to a health and safety representative the results of a report respecting occupational health and safety that is in the employer's possession and, if that report is in writing, a copy of the portions of the report that concern occupational health and safety; and
(m) advise workers of the results of a report referred to in clause (l) and, if the report is in writing, make available to them on request copies of the portions of the report that concern occupational health and safety.
R.S.O. 1990, c. O.1, s. 25 (2).

Idem (3) For the purposes of clause (2)(c), an employer may appoint himself or herself as a supervisor where the employer is a competent person.
R.S.O. 1990, c. O.1, s. 25 (3).

Note: On June 15, 2010, section 25 is amended by adding the following subsection: Same (3.1) Any explanatory material referred to under clause (2) (i) may be published as part of the poster required under section 2 of the Employment Standards Act, 2000. 2009, c. 23, s. 2. See: 2009, c. 23, ss. 2, 9.

Idem (4) Clause (2) (j) does not apply with respect to a workplace at which five or fewer employees are regularly employed.
R.S.O. 1990, c. O.1, s. 25 (4).



Additional duties of employers

26.
(1) In addition to the duties imposed by section 25, an employer shall,
(a) establish an occupational health service for workers as prescribed;
(b) where an occupational health service is established as prescribed, maintain the same according to the standards prescribed;
(c) keep and maintain accurate records of the handling, storage, use and disposal of biological, chemical or physical agents as prescribed;
(d) accurately keep and maintain and make available to the worker affected such records of the exposure of a worker to biological, chemical or physical agents as may be prescribed;
(e) notify a Director of the use or introduction into a workplace of such biological, chemical or physical agents as may be prescribed;
(f) monitor at such time or times or at such interval or intervals the levels of biological, chemical or physical agents in a workplace and keep and post accurate records thereof as prescribed;
(g) comply with a standard limiting the exposure of a worker to biological, chemical or physical agents as prescribed;
(h) establish a medical surveillance program for the benefit of workers as prescribed;
(i) provide for safety-related medical examinations and tests for workers as prescribed;
(j) where so prescribed, only permit a worker to work or be in a workplace who has undergone such medical examinations, tests or x-rays as prescribed and who is found to be physically fit to do the work in the workplace;
(k) where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for the protection of a worker; and
(l) carry out such training programs for workers, supervisors and committee members as may be prescribed. Idem (2) For the purposes of clause (1)(a), a group of employers, with the approval of a Director, may act as an employer.
R.S.O. 1990, c. O.1, s. 26 (1, 2).

Idem (3) If a worker participates in a prescribed medical surveillance program or undergoes prescribed medical examinations or tests, his or her employer shall pay,
(a) the worker's costs for medical examinations or tests required by the medical surveillance program or required by regulation;
(b) the worker's reasonable travel costs respecting the examinations or tests; and
(c) the time the worker spends to undergo the examinations or tests, including travel time, which shall be deemed to be work time for which the worker shall be paid at his or her regular or premium rate as may be proper.
R.S.O. 1990, c. O.1, s. 26 (3); 1994, c. 27, s. 120 (3).



Duties of supervisor

 27.
(1) A supervisor shall ensure that a worker,
(a) works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and
(b) uses or wears the equipment, protective devices or clothing that the worker's employer requires to be used or worn. Additional duties of supervisor
(2) Without limiting the duty imposed by subsection (1), a supervisor shall,
(a) 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;
(b) where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and (c) take every precaution reasonable in the circumstances for the protection of a worker.
R.S.O. 1990, c. O.1, s. 27.



Duties of workers
28.
(1) A worker shall,
(a) work in compliance with the provisions of this Act and the regulations;
(b) use or wear the equipment, protective devices or clothing that the worker's employer requires to be used or worn;
(c) 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
(d) 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.

Idem (2) No worker shall,
(a) remove or make ineffective any protective device required by the regulations or by his or her employer, without providing an adequate temporary protective device and when the need for removing or making ineffective the protective device has ceased, the protective device shall be replaced immediately;
(b) use or operate any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any other worker; or
(c) engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct. Consent to medical surveillance

(3) A worker is not required to participate in a prescribed medical surveillance program unless the worker consents to do so.
R.S.O. 1990, c. O.1, s. 28.



Duties of owners

29.
(1) The owner of a workplace that is not a project shall,
(a) ensure that,
(i) such facilities as are prescribed are provided,
(ii) any facilities prescribed to be provided are maintained as prescribed,
(iii) the workplace complies with the regulations, and
(iv) no workplace is constructed, developed, reconstructed, altered or added to except in compliance with this Act and the regulations; and
(b) where so prescribed, furnish to a Director any drawings, plans or specifications of any workplace as prescribed.

Mine plans (2) The owner of a mine shall cause drawings, plans or specifications to be maintained and kept up to date not more than six months last past on such scale and showing such matters or things as may be prescribed.

Plans of workplaces (3) Where so prescribed, an owner or employer shall,
(a) not begin any construction, development, reconstruction, alteration, addition or installation to or in a workplace until the drawings, layout and specifications thereof and any alterations thereto have been filed with the Ministry for review by an engineer of the Ministry for compliance with this Act and the regulations; and
(b) keep a copy of the drawings as reviewed in a convenient location at or near the workplace and such drawings shall be produced by the owner or employer upon the request of an inspector for his or her examination and inspection.

Additional information (4) An engineer of the Ministry may require the drawings, layout and specifications to be supplemented by the owner or employer with additional information.

Fees (5) Fees as prescribed for the filing and review of drawings, layout or specifications shall become due and payable by the owner or employer upon filing.
R.S.O. 1990, c. O.1, s. 29.



Duty of project owners
30.
(1) Before beginning a project, the owner shall determine whether any designated substances are present at the project site and shall prepare a list of all designated substances that are present at the site.

Tenders (2) If any work on a project is tendered, the person issuing the tenders shall include, as part of the tendering information, a copy of the list referred to in subsection (1).

Idem (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.

Duty of constructors (4) The constructor for a project shall ensure that each prospective contractor and subcontractor for the project has received a copy of the list referred to in subsection (1) before the prospective contractor or subcontractor enters into a binding contract for the supply of work on the project.

Liability (5) An owner who fails to comply with this section is liable to the constructor and every contractor and subcontractor who suffers any loss or damages as the result of the subsequent discovery on the project of a designated substance that the owner ought reasonably to have known of but that was not on the list prepared under subsection (1).

Idem (6) A constructor who fails to comply with this section is liable to every contractor and subcontractor who suffers any loss or damages as the result of the subsequent discovery on the project of a designated substance that was on the list prepared under subsection (1).
R.S.O. 1990, c. O.1, s. 30.



Duties of suppliers

31.
(1) Every person who supplies any machine, device, tool or equipment under any rental, leasing or similar arrangement for use in or about a workplace shall ensure,
(a) that the machine, device, tool or equipment is in good condition;
(b) that the machine, device, tool or equipment complies with this Act and the regulations; and
(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.

Architects and engineers (2) An architect as defined in the Architects Act, and a professional engineer as defined in the Professional Engineers Act, contravenes this Act if, as a result of his or her advice that is given or his or her certification required under this Act that is made negligently or incompetently, a worker is endangered.
R.S.O. 1990, c. O.1, s. 31. Duties of directors and officers of a corporation

32. Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with,
(a) this Act and the regulations;
(b) orders and requirements of inspectors and Directors; and
(c) orders of the Minister. R.S.O. 1990, c. O.1, s. 32. Note: On June 15, 2010, the Act is amended by adding the following









Part: PART III.0.1 VIOLENCE AND HARASSMENT

Policies, violence and harassment
32.0.1
(1) An employer shall,
(a) prepare a policy with respect to workplace violence;
(b) prepare a policy with respect to workplace harassment; and
(c) review the policies as often as is necessary, but at least annually. 2009, c. 23, s. 3. Written form, posting (2) The policies shall be in written form and shall be posted at a conspicuous place in the workplace. 2009, c. 23, s. 3. Exception (3) Subsection (2) does not apply if the number of employees regularly employed at the workplace is five or fewer, unless an inspector orders otherwise. 2009, c. 23, s. 3.


Program, violence
32.0.2
(1) An employer shall develop and maintain a program to implement the policy with respect to workplace violence required under clause 32.0.1 (1) (a). 2009, c. 23, s. 3. Contents (2) Without limiting the generality of subsection (1), the program shall,
(a) include measures and procedures to control the risks identified in the assessment required under subsection 32.0.3 (1) as likely to expose a worker to physical injury;
(b) include measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur;
(c) include measures and procedures for workers to report incidents of workplace violence to the employer or supervisor;
(d) set out how the employer will investigate and deal with incidents or complaints of workplace violence; and
(e) include any prescribed elements. 2009, c. 23, s. 3.

Assessment of risks of violence 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. 2009, c. 23, s. 3. Considerations
(2) The assessment shall take into account,
(a) circumstances that would be common to similar workplaces;
(b) circumstances specific to the workplace; and
(c) any other prescribed elements. 2009, c. 23, s. 3.
Results (3) An employer shall,
(a) advise the committee or a health and safety representative, if any, of the results of the assessment, and provide a copy if the assessment is in writing; and
(b) if there is no committee or health and safety representative, advise the workers of the results of the assessment and, if the assessment is in writing, provide copies on request or advise the workers how to obtain copies. 2009, c. 23, s. 3.
Reassessment (4) An employer shall reassess the risks of workplace violence as often as is necessary to ensure that the related policy under clause 32.0.1 (1) (a) and the related program under subsection 32.0.2 (1) continue to protect workers from workplace violence. 2009, c. 23, s. 3.
Same (5) Subsection (3) also applies with respect to the results of the reassessment. 2009, c. 23, s. 3.

Domestic violence
32.0.4
If an employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker. 2009, c. 23, s. 3.

Duties re violence
32.0.5
(1) For greater certainty, the employer duties set out in section 25, the supervisor duties set out in section 27, and the worker duties set out in section 28 apply, as appropriate, with respect to workplace violence. 2009, c. 23, s. 3.
Information (2) An employer shall provide a worker with,
(a) information and instruction that is appropriate for the worker on the contents of the policy and program with respect to workplace violence; and
(b) any other prescribed information or instruction. 2009, c. 23, s. 3.
Provision of information (3) An employer's duty to provide information to a worker under clause 25 (2) (a) and a supervisor's duty to advise a worker under clause 27 (2) (a) include the duty to provide information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour if,
(a) the worker can be expected to encounter that person in the course of his or her work; and
(b) the risk of workplace violence is likely to expose the worker to physical injury. 2009, c. 23, s. 3.
Limit on disclosure (4) No employer or supervisor shall disclose more personal information in the circumstances described in subsection (3) than is reasonably necessary to protect the worker from physical injury. 2009, c. 23, s. 3.

Program, harassment
32.0.6
(1) An employer shall develop and maintain a program to implement the policy with respect to workplace harassment required under clause 32.0.1 (1) (b). 2009, c. 23, s. 3.
Contents (2) Without limiting the generality of subsection (1), the program shall,
(a) include measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor;
(b) set out how the employer will investigate and deal with incidents and complaints of workplace harassment; and (c) include any prescribed elements. 2009, c. 23, s. 3.

Information and instruction, harassment
32.0.7
An employer shall provide a worker with,
(a) information and instruction that is appropriate for the worker on the contents of the policy and program with respect to workplace harassment; and
(b) any other prescribed information. 2009, c. 23, s. 3. See: 2009, c. 23, ss. 3, 9.
 

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