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occupational health and safety act ontario

16, s. 2. 1990, c. O.1, s. 33 (3). 1990, c. O.1, s. 33 (4). (5) Repealed: 2015, c. 27, Sched. (33) A committee shall meet at least once every three months at the workplace and may be required to meet by order of the Minister. F, s. 136 (1). (4) In the appointment, the Minister may specify the powers and duties of the administrator and the terms and conditions governing those powers and duties. R.S.O. 1990, c. O.1, s. 33 (2). R.S.O. Committee to determine maximum entitlement. Throughout the guide, the relevant section numbers of the Occupational Health and Safety Act have been inserted in the text for ease of reference. (2) Any person appointed under subsection (1) who is not a public servant within the meaning of the Public Service of Ontario Act, 2006 may be paid such remuneration and expenses as may be from time to time fixed by the Lieutenant Governor in Council. (3) In determining the amount of the costs that may be incurred by each office under subsection 176 (3) of the Workplace Safety and Insurance Act, 1997, the Minister shall take into account any functions prescribed for the purposes of this Part. 1990, c. O.1, s. 65 (2); 2011, c. 11, s. 17 (2); 2019, c. 7, Sched. (2) The inspector may remove any thing seized under a warrant from the place from which it was seized or may detain it in that place. 4, s. 4. (a)  one hour or such longer period of time as the committee determines is necessary to prepare for each committee meeting; (b)  such time as is necessary to attend meetings of the committee; and. 2009, c. 23, s. 3. 1990, c. O.1, s. 33 (1). (9) The Chief Prevention Officer shall consult with the Prevention Council and shall consider its advice in developing the report. (3) The Chief Prevention Officer may require any person who is seeking an approval or is the subject of an approval under subsection 7.1 (2) or 7.2 (2) to provide the Chief Prevention Officer with whatever information, records or accounts he or she may require pertaining to the approval and the Chief Prevention Officer may make such inquiries and examinations as he or she considers necessary. 7, s. 2 (3). 1998, c. 8, s. 53 (4). R.S.O. (2) If the Minister determines that the proposed change is significant, the Minister shall seek advice from the Chief Prevention Officer with respect to the proposed change. This is the English version of a bilingual regulation. 1990, c. O.1, s. 33 (10). 32 Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with, (b)  orders and requirements of inspectors and Directors; and. (a)  any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker; (b)  the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; (b.1)  workplace violence is likely to endanger himself or herself; or. (8) The inspector shall, following the investigation referred to in subsection (7), decide whether a circumstance described in clause (6) (a), (b), (b.1) or (c) is likely to endanger the worker or another person. 1990, c. O.1, s. 44. (a)  made available by the employer in the workplace in such a manner as to allow examination by the workers; (b)  furnished by the employer to the committee or health and safety representative, if any, for the workplace or to a worker selected by the workers to represent them, if there is no committee or health and safety representative; (c)  furnished by the employer on request or if so prescribed to the medical officer of health of the health unit in which the workplace is located; (d)  furnished by the employer on request or if so prescribed to the fire department which serves the location in which the workplace is located; and. (7) Despite clause (6) (b), a constructor, a licensee or an employer who gives notice to an inspector of compliance with an order made under subsection (6) may resume work pending an inspection and decision by an inspector respecting compliance with the order if, before the resumption of work, a committee member representing workers or a health and safety representative, as the case may be, advises an inspector that in his or her opinion the order has been complied with. (5) Until the investigation is completed, the worker shall remain, (a)  in a safe place that is as near as reasonably possible to his or her work station; and. 2011, c. 11, s. 13 (4); 2018, c. 14, Sched. “dangerous circumstances” means a situation in which. 2019, c. 9, Sched. Suspension of order by adjudicator pending disposition of appeal. These include the Child and Family Services Act and the Occupational Health and Safety Act. 1998, c. 8, s. 55 (4). 1990, c. O.1, s. 64. 2 (1) This Act binds the Crown and applies to an employee in the service of the Crown or an agency, board, commission or corporation that exercises any function assigned or delegated to it by the Crown. 1990, c. O.1, s. 9 (32). 1990, c. O.1, s. 9 (24). R.S.O. (c)  orders of the Minister. 70 (1) The Lieutenant Governor in Council may make such regulations as are advisable for the health or safety of persons in or about a workplace. DATE OF ASSENT: 24th May, 2006. 2009, c. 23, s. 8. (1.1) In addition to complying with subsection (1), the employer shall make a copy of a safety data sheet readily available to those workers who may be exposed to the hazardous material to which it relates. 1990, c. O.1, s. 9 (35). is guilty of an offence and on conviction is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than twelve months, or to both. (3) Any disclosure made under subsection (1) shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act. (ii)  a residential group home or other facility for persons with behavioural or emotional problems or a physical, mental or developmental disability. 1990, c. O.1, s. 50 (5); 1998, c. 8, s. 56 (2); 2011, c. 11, s. 13 (5). R.S.O. Please refer to the full Occupational Health and Safety Amendment Act, No. (5) The Minister and the Chief Prevention Officer shall consider such matters as may be prescribed when determining whether a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases would be a significant change. (4) An employer shall reassess the risks of workplace violence as often as is necessary to ensure that the related policy under clause 32.0.1 (1) (a) and the related program under subsection 32.0.2 (1) continue to protect workers from workplace violence. 1990, c. O.1, s. 51 (1); 2011, c. 1, Sched. (3) An employer shall ensure that a hazardous material is not used, handled or stored at a workplace unless the prescribed requirements concerning identification, safety data sheets and worker instruction and training are met. 1.  defining any word or expression used in this Act or the regulations that is not defined in this Act; 2.  designating or defining any industry, workplace, employer or class of workplaces or employers for the purposes of this Act, a part of this Act, or the regulations or any provision thereof; 3.  exempting any workplace, industry, activity, business, work, trade, occupation, profession, constructor, employer or any class thereof from the application of a regulation or any provision thereof; 4.  limiting or restricting the application of a regulation or any provision thereof to any workplace, industry, activity, business, work, trade, occupation, profession, constructor, employer or any class thereof; 5.  exempting an employer from the requirements of clause 37 (1) (a) or (b) with respect to a hazardous material; 6.  respecting any matter or thing that is required or permitted to be regulated or prescribed under this Act; 7.  respecting any matter or thing, where a provision of this Act requires that the matter or thing be done, used or carried out or provided as prescribed; 8.  respecting any matter or thing, where it is a condition precedent that a regulation be made prescribing the matter or thing before this Act or a provision of this Act has any effect; 9.  providing for and prescribing fees and the payment or refund of fees; 10.  prescribing classes of workplaces for which and circumstances under which a committee shall consist of more than four persons and in each case prescribing the number of persons; 11.  prescribing employers or workplaces or classes thereof for the purposes of clause 9 (1) (b); 12.  exempting any workplace, industry, activity, business, work, trade, occupation, profession, constructor or employer or any class thereof from the application of subsection 9 (2); 13.  respecting the conditions for eligibility, qualifications, selection and term of committee members, including certified members, and the operation of the committee; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by adding the following paragraphs: 13.1  exempting any class of workplaces from the requirement set out in subsection 8 (5.1); 13.2  requiring that the training of health and safety representatives under subsection 8 (5.1) meet such requirements as may be prescribed; 14.  exempting any class of workplaces from the requirement set out in subsection 9 (12); 15.  prescribing elements that any policy required under this Act must contain; 16.  regulating or prohibiting the installation or use of any machine, device or thing or any class thereof; 17.  requiring that any equipment, machine, device, article or thing used bear the seal of approval of an organization designated by the regulations to test and approve the equipment, machine, device, article or thing and designating organizations for such purposes; 18.  prescribing classes of employers who shall establish and maintain a medical surveillance program in which workers may volunteer to participate; 19.  governing medical surveillance programs; 20.  respecting the reporting by physicians and others of workers affected by any biological, chemical or physical agents or combination thereof; 21.  regulating or prohibiting atmospheric conditions to which any worker may be exposed in a workplace; 22.  prescribing methods, standards or procedures for determining the amount, concentration or level of any atmospheric condition or any biological, chemical or physical agent or combination thereof in a workplace; 23.  prescribing any biological, chemical or physical agent or combination thereof as a designated substance; 24.  prohibiting, regulating, restricting, limiting or controlling the handling of, exposure to, or the use and disposal of any designated substance; 25.  adopting by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code or standard and requiring compliance with any code or standard that is so adopted; 26.  adopting by reference any criteria or guide in relation to the exposure of a worker to any biological, chemical or physical agent or combination thereof; 27.  enabling a Director by notice in writing to designate that any part of a project shall be an individual project for the purposes of this Act and the regulations and prescribing to whom notice shall be given; 28.  permitting the Minister to approve laboratories for the purpose of carrying out and performing sampling, analyses, tests and examinations, and requiring that sampling, analyses, examinations and tests be carried out and performed by a laboratory approved by the Minister; 29.  requiring and providing for the registration of employers of workers; 30.  providing for the establishment, equipment, operation and maintenance of mine rescue stations, as the Minister may direct, and providing for the payment of the cost thereof and the recovery of such cost from the mining industry; 31.  prescribing training programs that employers shall provide; 31.1  requiring that training programs provided by employers meet such requirements as may be prescribed; 32.  increasing the number of certified members required on a committee; 33.  prescribing restrictions, prohibitions or conditions with respect to workers or workplaces relating to the risks of workplace violence; 34.  prescribing forms and notices and providing for their use; 35.  prescribing building standards for industrial establishments; 36.  prescribing by name or description any biological or chemical agent as a hazardous material and any physical agent as a hazardous physical agent; 37.  prohibiting an employer from altering a label on a hazardous material in prescribed circumstances; 38. (11) Pending the investigation and decision of the inspector, no worker shall be assigned to use or operate the equipment, machine, device or thing or to work in the workplace or in the part of the workplace being investigated unless, in the presence of a person described in subsection (12), the worker has been advised of the other worker’s refusal and of his or her reasons for the refusal. M, s. 5. R.S.O. 2001, c. 9, Sched. R.S.O. (3) The power to adopt by reference and require compliance with a code or standard in paragraph 25 of subsection (2) and to adopt by reference any criteria or guide in relation to the exposure of a worker to any biological, chemical or physical agent or combination thereof in paragraph 26 of subsection (2) includes the power to adopt a code, standard, criteria or guide as it may be amended from time to time. (b)  if there is no committee or health and safety representative, advise the workers of the results of the assessment and, if the assessment is in writing, provide copies on request or advise the workers how to obtain copies. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (8) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. (1.4) The warrant may contain terms and conditions in addition to those provided for in subsections (1) to (1.3) as the justice of the peace or provincial judge, as the case may be, considers advisable in the circumstances. (2) The Chief Prevention Officer may establish standards that a health and safety management system must meet in order to become an accredited health and safety management system. (p)  require the production of any materials concerning the content, frequency and manner of instruction of any training program and inspect, examine and copy the materials and attend any such program. 2011, c. 11, s. 12. occupational health and safety in Ontario workplaces, reinforced the Internal Responsibility System (IRS) and the workplace structures, in particular the joint health and safety committees. (3) In administering this Act, the Minister shall consider advice that is provided to the Minister under this Act. (1.5) A justice of the peace or provincial judge may issue further warrants under subsection (1). 1998, c. 8, s. 57 (2). 3. (2) A complaint must be filed not later than 30 days after the event to which the complaint relates. (2) In any proceeding or prosecution under this Act, a copy of an order or decision purporting to have been made under this Act or the regulations and purporting to have been signed by the Minister, a Director or an inspector may be served, (a)  personally in the case of an individual or in case of a partnership upon a partner, and in the case of a corporation, upon the president, vice-president, secretary, treasurer or a director, or upon the manager or person in charge of the workplace; or. (m)  advise workers of the results of a report referred to in clause (l) and, if the report is in writing, make available to them on request copies of the portions of the report that concern occupational health and safety; (n)  notify a Director if a committee or a health and safety representative, if any, has identified potential structural inadequacies of a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, as a source of danger or hazard to workers. 2017, c. 22, Sched. 2001, c. 9, Sched. (2) The Chief Prevention Officer may approve a person who meets the standards described in subsection (1) as a training provider with respect to one or more approved training programs. Workers have three guaranteed rights under Ontario's Occupational Health and Safety Act, including the right to refuse to perform work believed to be unsafe. (3) Where the Chief Prevention Officer determines that any of the following have occurred, the Chief Prevention Officer shall report that determination to the Minister and may advise the Minister with respect to any action the Minister may decide to take under section 22.6: 1. (2) A report described in subsection (1) is not a report respecting occupational health and safety for the purposes of subsection 25 (2). 49 (1) A constructor, an employer, a worker at the workplace or a representative of a trade union that represents workers at the workplace may file a complaint with the Board if he, she or it has reasonable grounds to believe that a certified member at the workplace recklessly or in bad faith exercised or failed to exercise a power under section 45 or 47. Repealed: 2017, c. 22, Sched. Welcome To Act First Safety. (2) The Minister may designate an entity as a safe workplace association or as a medical clinic or training centre specializing in occupational health and safety matters if the entity meets the standards established by the Minister. (2) An employee in the Ministry may communicate or allow to be communicated information described in subsection (1) or allow inspection of or access to any part of a book, record, writing or other document containing any such information to or by, (a)  another employee in the Ministry for the purpose of administering or enforcing this Act; or. Occupational Health and Safety Act. (2) The instruction and training to be given under subsection (1) shall be developed and implemented by the employer in consultation with the committee or health and safety representative, if any, for the workplace. (3.4) The Board may make any interim or final order it considers appropriate after consulting with the parties. 2016, c. 37, Sched. Labour legislation falls primarily under the jurisdiction of Canada's provinces and territories. 1990, c. O.1, s. 9 (39). 4, s. 4 (1, 2). 1997, c. 16, s. 2 (11). 58 Where an order is made under clause 57 (6) (c), no owner, constructor, employer or supervisor shall require or permit a worker to enter the workplace except for the purpose of doing work that is necessary or required to remove the danger or hazard and only where the worker is protected from the danger or hazard. 2009, c. 23, s. 3. En savoir plus sur les navigateurs que nous supportons. (35) A member of a committee shall be deemed to be at work during the times described in subsection (34) and the member’s employer shall pay the member for those times at the member’s regular or premium rate as may be proper. F, s. 136 (1). (9) Where an inspector makes an order under this section, he or she may affix to the workplace, or to any equipment, machine, device, article or thing, a copy thereof or a notice of the order, in a form obtained from the Ministry, and no person, except an inspector, shall remove such copy or notice unless authorized to do so by an inspector. 55.1 In the case of a workplace at which the number of workers regularly employed is five or fewer, an inspector may in writing order that the policies with respect to workplace violence and workplace harassment required under section 32.0.1 be in written form and posted at a conspicuous place in the workplace. R.S.O. 3. 1990, c. O.1, s. 9 (15). R.S.O. 2011, c. 11, s. 8 (2). (2) An inspector may only enter a dwelling or that part of a dwelling actually being used as a workplace with the consent of the occupier or under the authority of a warrant issued under this Act or the Provincial Offences Act. 1998, c. 8, s. 57 (2). I, s. 3 (4); 2006, c. 21, Sched. 42 (1) In addition to providing information and instruction to a worker as required by clause 25 (2) (a), an employer shall ensure that a worker exposed or likely to be exposed to a hazardous material or to a hazardous physical agent receives, and that the worker participates in, such instruction and training as may be prescribed. 2011, c. 11, s. 8 (2). 3, s. 1. (7) Where on an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), the Board determines that a worker has been discharged or otherwise disciplined by an employer for cause and the contract of employment or the collective agreement, as the case may be, does not contain a specific penalty for the infraction, the Board may substitute such other penalty for the discharge or discipline as to the Board seems just and reasonable in all the circumstances. 1990, c. O.1, s. 57 (8); 2015, c. 27, Sched. (3) Where an inspector makes an inspection of a workplace under the powers conferred upon him or her under subsection (1), the constructor, employer or group of employers shall afford a committee member representing workers or a health and safety representative, if any, or a worker selected by a trade union or trade unions, if any, because of knowledge, experience and training, to represent it or them and, where there is no trade union, a worker selected by the workers because of knowledge, training and experience to represent them, the opportunity to accompany the inspector during his or her physical inspection of a workplace, or any part or parts thereof. Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. The Occupational Health and Safety Act 2004 (OHS Act) is the main workplace health and safety law in Victoria. Exceptions 4. (e)  include any prescribed elements. 1990, c. O.1, s. 25 (1); 2011, c. 11, s. 9. (3) The Chief Prevention Officer shall develop a written provincial occupational health and safety strategy that includes. (4) A reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment. 1998, c. 8, s. 57 (2); 2011, c. 1, Sched. (7) After approving the strategy, the Minister shall publish it promptly. (3) Any disclosure of personal information that is authorized under subsection (2) shall be deemed to be in compliance with clause 42 (1) (d) of the Freedom of Information and Protection of Privacy Act. 1998, c. 8, s. 57 (2). 1990, c. O.1, s. 7. There have been several moderate to severe workplace accidents reported recently by the media. (3) A claim for an exemption made under subsection (1) shall be determined in accordance with the process set out in the Hazardous Materials Information Review Act

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