Who is Required to Have a Health & Safety Program by Law in Ontario?

Workplace safety is essential to maintaining a productive and healthy work environment. In Ontario, the Occupational Health and Safety Act (OHSA) governs workplace safety, ensuring that employees are protected from hazards and employers are held accountable for implementing proper safety measures. One of the key requirements under this legislation is that certain businesses must have a formal Health & Safety program in place. But who exactly is required to have one by law?

Understanding the OHSA

The Ontario Occupational Health & Safety Act is designed to promote safe working conditions and reduce workplace injuries and accidents. It outlines the responsibilities of employers, supervisors, and workers to maintain safety in the workplace. Depending on the size and nature of the business, employers may be required to develop a formal Health & Safety program.

Businesses That Must Have a Health & Safety Program

Employers with 6 or More Employees

Under OHSA, any business with 6 or more employees is legally required to have a written Health & Safety policy and a program to implement that policy. This means that if your business has reached this threshold, you need to formally establish procedures for identifying and addressing workplace hazards, as well as ensuring that employees are trained in safety practices relevant to their roles.

Employers in High-Risk Industries

Regardless of the number of employees, certain high-risk industries such as construction, mining, manufacturing, and healthcare are required to maintain strict safety protocols due to the inherently hazardous nature of their operations. In these sectors, employers must go beyond basic safety policies by implementing more comprehensive programs to manage risks effectively. This may include frequent safety audits, detailed hazard assessments, and specialized safety training for workers.

Employers with Joint Health & Safety Committees (JHSC)

For workplaces with 20 or more employees, Ontario law requires the establishment of a Joint Health & Safety Committee (JHSC), which involves both workers and management in safety-related decisions. The JHSC helps to identify workplace hazards, assess risks, and recommend corrective actions. To support the work of the JHSC, businesses need a structured Health & Safety program to address ongoing risks and ensure that corrective measures are implemented.

Employers with More Than 5 Regularly Employed Workers

If a business has more than 5 regularly employed workers who are exposed to potential workplace hazards, OHSA requires employers to conduct regular workplace inspections and maintain a safety program to address potential dangers. This applies to businesses across various sectors, especially those where employees may be working at heights, with heavy machinery, or around hazardous substances.

Key Components of a Health & Safety Program

Once an employer is required to have a Health & Safety program, the program must include several critical elements:

Hazard Identification and Risk Assessment: Employers must regularly assess the workplace for potential hazards, such as unsafe equipment, hazardous substances, or dangerous working conditions.
Safe Work Procedures: Detailed protocols should be developed to guide workers in performing tasks safely, particularly when handling machinery, working at heights, or dealing with hazardous materials.
Training and Education: Employees must receive proper training on workplace hazards, safe work practices, and emergency procedures.
Reporting and Documentation: The program should include systems for workers to report hazards, near-misses, or incidents, as well as procedures for recording and addressing these reports.
Emergency Preparedness: Employers must develop and communicate emergency response plans to all employees.

Penalties for Non-Compliance

Failure to comply with OHSA regulations, including not having a formal Health & Safety program, can result in significant penalties for employers. This may include hefty fines, legal action, or in severe cases, jail time. More importantly, non-compliance can lead to workplace accidents, injuries, and even fatalities, which could have been prevented with proper safety measures in place.

Conclusion

In Ontario, having a Health & Safety program isn’t just good business practice—it’s the law. If you employ 6 or more workers, operate in a high-risk industry, or have a Joint Health & Safety Committee, you are required to develop and maintain a formal Health & Safety program. The program is not only a legal requirement but also a vital tool for protecting your employees, reducing workplace injuries, and ensuring a safe, productive environment for all.

By adhering to OHSA requirements and implementing a strong Health & Safety program, businesses can not only meet their legal obligations but also create a safer, more positive workplace for their employees.

For more guidance on implementing a compliant Health & Safety program, consult a safety expert or visit the Ontario Ministry of Labour.