Workplace Safety in Ontario: OHSA Rights and Obligations

The Occupational Health and Safety Act (OHSA)

Ontario's Occupational Health and Safety Act (OHSA) is the primary legislation governing workplace health and safety in Ontario. It establishes rights and duties for employers, supervisors, and workers, and is enforced by Ministry of Labour inspectors who have broad powers to enter workplaces, conduct inspections, and issue orders.

The Internal Responsibility System

The OHSA is built on the principle of an "internal responsibility system" — workplace safety is everyone's responsibility. Employers have the highest duty of care and are responsible for taking all reasonable precautions to protect workers.

The Right to Refuse Unsafe Work

One of the most important rights under the OHSA is the right to refuse work that a worker believes is likely to endanger themselves or another worker. The refusal procedure is:

1. The worker reports the unsafe situation to their supervisor and refuses to perform the work
2. The supervisor investigates and may direct the worker back to work if they believe the situation is safe
3. If the worker still believes the work is unsafe, the dispute is investigated by a Ministry of Labour inspector
4. An employer cannot discipline a worker for exercising their right to refuse in good faith

Joint Health and Safety Committee (JHSC)

Workplaces with 20 or more workers are required to have a Joint Health and Safety Committee with worker and management co-chairs. The JHSC conducts regular workplace inspections, investigates work refusals and accidents, and makes health and safety recommendations to management.

WSIB: Workplace Insurance

Most Ontario employers must register with the Workplace Safety and Insurance Board (WSIB), which provides insurance coverage for workers injured on the job. Workers injured at work receive benefits including wage loss replacement, medical and rehabilitation benefits, and re-employment support — without needing to sue their employer.