Benefits of OHSA Compliance

What is the Occupational Health and Safety Act?

The Ontario Occupational Health and Safety Act (OHSA) is a provincial law that sets out the rights and duties of employers, supervisors, and workers to ensure a safe and healthy work environment. The purpose of the OHSA is to provide the legal framework to achieve the goal of protecting workers from health and safety hazards on the job by:

• Setting out duties for all workplace parties and rights for workers to help establish a strong internal responsibility system (IRS) in the workplace
• Establishing measures and procedures for dealing with workplace hazards
• Providing for enforcement of the law where compliance has not been achieved voluntarily

The OHSA has several regulations that workplaces must follow to remain compliant.

How Can Your Business Remain Compliant with Safety Legislation?

To remain compliant with the OHSA:

1. Establish a written health and safety policy and program that:

• Outlines the company’s commitment to health and safety
• Includes a violence and harassment policy
• Defines roles and responsibilities
• Ensures the workforce understand their safety role within the organization
• Develops a program that fits the organization’s complexities, and is based on risk

2. Conduct Regular Risk Assessments to:

• Identify potential hazards in the workplace
• Assess the risks associated with each hazard
• Implement controls to mitigate or eliminate the risks
• Teach workplace parties about the control measures
• Enforce control measures and ensure they are working
• Evaluate control measures and keep an open mind to implementing new control measures

3. Establish a joint health and safety committee or health and safety representative

The primary role of the JHSC or HSR is for workers and managers to work alongside one another to support a safe workplace. For most workplaces that regularly employ 20 or more workers, employers must ensure that two workers, both a worker and management member, are certified. It is important to note that there are other stipulations for when a JHSC is required. To learn if your workplace requires a JHSC, check out our helpful blog. An HSR is typically required for smaller workplaces that employ 6 to 19 workers. HSRs are non-management workers chosen by other workers or union members, to address health and safety concerns in the workplace. To learn more about the role of an HSR, check out our Introduction to Health and Safety Representatives.

4. Provide regular Orientation and Training to:

• Ensure workers understand their roles and responsibilities
• Educate workers on site-specific hazards to prevent injuries and illnesses
• Keep workers updated on new risks and policies
• Reinforce safety practices and ensure workers stay competent

5. Stay Up to Date with Regulatory Changes by:

• Consulting with safety experts, such as HSPI, to learn about the latest changes in occupational health and safety rules and regulations.

Enforcement of the Occupational Health and Safety Act

Most workplaces do the right thing, however, there are times when the rules need to be enforced. The OHSA is enforced by Ministry of Labour, Immigration, Training and Skills Development inspectors. Fines and penalties can be significant, but they pale in comparison to the human cost of neglecting workplace safety. The implications of non-compliance are vast, and it is important to understand the power Ministry inspectors have.

• Inspection of workplaces: Ministry inspectors have the right to enter in or upon any workplace at any time without warrant or notice. During inspections, they can use any equipment, materials, or agents in that workplace. Inspectors can also demand workplaces to produce reports, documents, drawings, and other written materials.
• Issuing of compliance commitments and/or orders: Inspectors have the right to issue orders where there is a contravention of OHSA or its regulations.
• Investigation of critical injuries, fatalities, work refusals, stop work, and health and safety complaints: Inspectors further ensure compliance through their right to investigate any of the prementioned items.
• Recommendation of prosecution: In the case of health and safety non-compliance, inspectors can recommend prosecution in their reports.

Ministry inspectors can and will conduct inspections without notice. We recommend that every workplace exercises its due diligence and ensures that safety programs are effective, compliant, and consistently protect workers.

How to Address and Minimize Non-Compliance in the Workplace

Non-compliance at work has immeasurable implications. There is risk of lifelong injury, illness, and fatalities. Beyond the life altering implications to workers are the potential fines for employers and supervisors. We believe in prevention; therefore, have the following suggestions to address and minimize non-compliance.

• Establish clear policies and communicate firm expectations for enforcement and compliance. This applies to supervisors and workers. It is the supervisor’s job to enforce company policies.
• Provide ongoing training to ensure workers and supervisors understand their responsibilities.
• Conduct regular inspections audits and on-site work observations to promote safe work practices and identify non-compliance.
• Implement a structured approach to progressive discipline that begins with verbal warnings and can escalate to termination for not following health and safety rules.
• Investigate non-compliance situations when they occur an understand and addressed their underlying issues
• Encourage open dialogue among workers and empower employees and supervisors to report concerns without fear of reprisal.
• Hold leaders accountable and ensure that supervisors and managers enforce safety standards consistently.
• Adjust policy’s procedures and training based on trends in non-compliance.

We recommend addressing non-compliance in the workplace proactively during training. Before this can happen, the employer needs to have a clear workplace safety program in place and ensure that supervisors have the knowledge and tools necessary to help enforce it. To promote compliance, emphasize the reasoning behind all policies and use real life examples of relevant incidents to evoke emotion in the audience. It is not enough to simply say that everyone should follow the rules, show examples of what could happen if they are not followed. We also recommend doing your due diligence. Ensure that supervisors are actively observing workers following health and safety rules.

In conclusion, health and safety non-compliance in the workplace is never something that should be taken lightly. The OHSA is every Ontario workplace’s first step to ensuring that their workplace safety program is compliant. Legislation can be daunting and HSPI is here to help. Should you require assistance in auditing current policies, or require new policies, please contact us at info@hspinc.ca