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What is the Occupational Health and Safety Act?
The Ontario Occupational Health and Safety Act (OHSA) sets down the rules and regulations and employer duties towards setting up and maintaining a safe workplace. It is your legal obligation as an employer to take all reasonable precautions to ensure you provide a safe and hazard-free workplace to your employees.
Ontario’s OHSA for employers
The Occupational Health and Safety Act applies to almost all businesses in Ontario. As a business owner, you need to be familiar with the laws on how employers must monitor and manage workplace hazards as well as the penalties prescribed by the OHSA. Failure to maintain a general health and safety program or to properly respond to a health and safety incident may result in the levying of fines and imprisonment.
The OHSA requires that employers:
- Inform, instruct, and train employees regarding health and safety in the workplace;
- Have a system in place for ensuring the safety of workers;
- Create a program and policy that sets out how they will monitor health and safety, workplace harassment, and workplace violence;
- Maintain a program and policy for reporting workplace injuries and illnesses to the Ontario Ministry of Labour;
- Have a program in place governing the handling of hazardous substances and chemicals; and
- Regularly assess and review all health and safety programs and policies.
Occupational Health and Safety Act penalties
A person who is convicted of an offence under the OHSA may be subject to:
- a fine of up to $1,500,000 for a corporation
- a fine of up to $1,500,000 for directors and officers of corporations and/or up to 12 months imprisonment
- a fine of up to $500,000 for all other persons and/or up to 12 months imprisonment