Young Worker Awareness Program

The Law

Introduction:

Some workplaces such as Canada Post, are covered by federal health and safety laws under the Canada Labour Code, Part II. In most other workplaces, Ontario's Occupational Health and Safety Act (OHSA) is the law that must be followed.

Both the Canada Labour Code, Part II and the act were created to make all workplaces safe. For the sake of simplicity, most references to the law in this web site are to this provincial act. If you work in a federal workplace, the Canada Labour Code, Part II, applies rules that are very similar.

The other important law that affects occupational health and safety is the Workplace Safety and Insurance Act. This act was created to promote healthy, safe workplaces, encourage safe, timely return to work and to provide insurance benefits to workers who get injured on the job.

In addition to the health and safety laws, every workplace should have its own safety policy, procedures, and safe operating practices. These, too, are there for your safety. It's everyone's responsibility to follow both the legal rules and the rules of their workplace.

See a video about safety procedures. (RealVideo)

Occupational Health & Safety Act (OHSA):

• Tells you the minimum requirements for health and safety in most workplaces in Ontario. The purpose of the act is to protect workers from the health and safety hazards on the job. The requirements of the act are general in nature.

The act has regulations for particular types of work, such as industrial, construction, mining, and health care. The regulations tell you how to work safely with specific workplace hazards. As a new worker, you should be aware of any regulation that applies to the work you do.

The act describes the rights and duties of all workplace parties - the owner, the employer, supervisors, and workers. It is built on the principle of internal responsibility (see Internal Responsibility System). Everyone must follow the act and its regulations.

Workplace Hazardous Materials Information System (WHMIS):

See a video about the WHMIS program. (RealVideo)

Regulation:

The act outlines general legal requirements for workplace health and safety. But, there are a number of regulations created by the Act that give very specific rules about how to work safely in a particular type of workplace. You must know which of the regulations listed below applies to your workplace.

• Industrial
• Construction
• Mines
• Diving
• Firefighters
• Health care and residential
• Oil and gas offshore
• Teachers
• Window cleaning
• University academics and teaching assistants
• Roll-over protective devices
• Designated substances
• Control of exposure to biological or chemical agents
• WHMIS
• X-Ray safety

Enforcement & Penalties:

If the Internal Responsibility System doesn't solve health and safety problems in the workplace, or if the Act and Regulations are not being followed, the MOL will enforce both provincial and federal laws.

MOL inspectors have the power to:

• Inspect any workplace
• Investigate any potential hazardous situation and work refusal
• Order compliance with the law (e.g. the act or regulations)
• Start legal action

Everyone in the workplace must help MOL Inspectors and cooperate with them.

Penalties:

• Any person in a workplace who does not follow the act can be fined up to $25,000 or be jailed for up to one year, or both. Those convicted are personally responsible for any fines. They are not paid by the company.
• A company can be fined up to $500,000 for not following the act.

See a video about the legal aspects discussed here. (RealVideo)

Move to the next topic: Rights & Responsibilities

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This digital collection was produced under contract to the SchoolNet Digital Collections program, Industry Canada.