OH&S
Legislation
in
Canada
–
Introduction
What occupational health and safety agency covers my workplace?
There are fourteen jurisdictions in Canada - one federal, ten provincial and three
territorial each having its own occupational health and safety legislation. For most
people in Canada, the agency that you would contact is the provincial or territorial
agency in the area where you work. There are some exceptions to this. Federal
legislation covers employees of the federal government and Crown agencies and
corporations across Canada.
Where can I find out about my duties in Canadian legislation?
Occupational health and safety (OH&S) legislation in Canada outlines the general
rights and responsibilities of the employer, the supervisor and the worker. Each of
the ten provinces, three territories and the federal government has its own OH&S
legislation.
There is special "right-to-know" legislation that applies to hazardous products. It
actually comprises several pieces of legislation collectively called WHMIS - the
Workplace Hazardous Materials Information System. It is a comprehensive plan for
providing information on hazardous materials intended for use in workplaces.
WHMIS applies in all Canadian workplaces which are covered by occupational health
and safety legislation and where WHMIS-controlled products are used.
Who is covered under the jurisdiction of the federal government in
Canada?
The federal health and safety legislation is commonly referred to as Canada Labour
Code Part II and regulations. The Canada Labour Code also applies to employees of
companies or sectors that operate across provincial or international borders. These
businesses include:

airports;

banks;

canals;

exploration and development of petroleum on lands subject to federal
jurisdiction;
1

ferries, tunnels and bridges;

grain elevators licensed by the Canadian Grain Commission, and certain feed
mills and feed warehouses, flour mills and grain seed cleaning plants;

highway transport;

pipelines;

radio and television broadcasting and cable systems;

railways;

shipping and shipping services; and

telephone and telegraph systems.
Approximately 10% of the Canadian workforce falls under the OH&S jurisdiction of
the federal government. The remaining 90% of Canadian workers fall under the
legislation of the province or territory where they work.
Who is covered by provincial and territorial jurisdictions?
In each province or territory, there is an act (typically called the Occupational Health
and Safety Act or something similar) which applies to most workplaces in that
region. The Act usually applies to all workplaces except private homes where work
is done by the owner, occupant, or servants. Generally, it does not apply to farming
operations unless made to do so by a specific regulation. The legislation should be
consulted to find out who is or is not covered.
At the provincial and territorial level, the name of the government department
responsible for OH&S varies with each jurisdiction. Usually it is called a ministry or
department of labour. In some jurisdictions, it is a workers' compensation board or
commission that has the responsibility for occupational health and safety. Each
provincial or territorial department is responsible for the administration and
enforcement of its occupational health and safety act and regulations.
2
OH&S Legislation in Canada - Internal
Responsibility System
What is the Internal Responsibility System?
The internal responsibility system puts in place an employee-employer partnership
in ensuring safe and disease free workplace. A health and safety committee is a joint
forum for employers and employees working together to improve workplace health
and safety.
How does the Internal Responsibility System work?
The internal responsibility system is the underlying philosophy of the occupational
health and safety legislation in all Canadian jurisdictions. Its foundation is that
everyone in the workplace - both employees and employers - is responsible for his
or her own safety and for the safety of co-workers. Acts and regulations do not
always impose or prescribe the specific steps to take for compliance. Instead, it
holds employers responsible for determining such steps to ensure health and safety
of all employees.
Internal responsibility system does the following:

Establishes responsibility sharing systems

Promotes safety culture

Promotes best practice

Helps develop self reliance

Ensures compliance
Please see the OSH Answers document "OH&S Legislation in Canada - Basic
Responsibilities" for more information.
These general provisions give employers the "freedom" to carry out measures and
control procedures that are appropriate for their individual workplaces. On the other
hand, the challenge for the employers is to know when they have fulfilled all
appropriate regulatory requirements. More information about this "challenge" is in
the "Due Diligence" OSH Answers document.
3
OH&S Legislation in Canada - Basic
Responsibilities
Are there any similarities in OH&S legislation across Canada?
Many basic elements (e.g., rights and responsibilities of workers, responsibilities of
employers, supervisors, etc.) are similar in all the jurisdictions across Canada.
However, the details of the OH&S legislation and how the laws are enforced vary
from one jurisdiction to another. In addition, provisions in the regulations may be
"mandatory", "discretionary" or "as directed by the Minister".
What are general responsibilities of governments?
General responsibilities of governments for occupational health and safety include:

enforcement of occupational health and safety legislation

workplace inspections

dissemination of information

promotion of training, education and research

resolution of OH&S disputes.
What are the employees rights and responsibilities?
Employees responsibilities include the following:

responsibility to work in compliance with OH&S acts and regulations

responsibility to use personal protective equipment and clothing as directed
by the employer

responsibility to report workplace hazards and dangers

responsibility to work in a manner as required by the employer and use the
prescribed safety equipment.
Employees have the following three basic rights:

right to refuse unsafe work

right to participate in the workplace health and safety activities through Joint
Health and Safety Committee (JHSC) or as a worker health and safety
representative
4

right to know, or the right to be informed about, actual and potential dangers
in the workplace
What are the manager or supervisor's responsibilities?
As a manager or supervisor, he or she:

must ensure that workers use prescribed protective equipment devices

must advise workers of potential and actual hazards

must take every reasonable precaution in the circumstances for the
protection of workers.
Managers and supervisors act on behalf of the employer, and hence have the
responsibility to meet the duties of the employer as specified in the Act.
What are the employer's responsibilities?
An employer must:

establish and maintain a joint health and safety committee, or cause workers
to select at least one health and safety representative

take every reasonable precaution to ensure the workplace is safe

train employees about any potential hazards and in how to safely use,
handle, store and dispose of hazardous substances and how to handle
emergencies

supply personal protective equipment and ensure workers know how to use
the equipment safely and properly

immediately report all critical injuries to the government department
responsible for OH&S

appoint a competent supervisor who sets the standards for performance,
and who ensures safe working conditions are always observed.
What does legislation say about forming health and safety committees?
Generally, legislation in different jurisdictions across Canada state that health and
safety committees or joint health and safety committees:

must be composed of one-half management and at least one-half labour
representatives

must meet regularly - some jurisdictions require committee meetings at
least once every three months while others require monthly meetings
5

must be co-chaired by one management chairperson and worker
chairperson

employee representatives are elected or selected by the workers or their
union.
More details about these committees are in the Health & Safety Committees Section
on this site.
What is the role of health and safety committee?
The role of health and safety committees or joint health and safety committees
include:

act as an advisory body

identify hazards and obtain information about them

recommend corrective actions

assist in resolving work refusal cases

participate in accident investigations and workplace inspections

make recommendations to the management regarding actions required to
resolve health and safety concerns.
What happens when there is a refusal for unsafe work?
An employee can refuse work if he/she believes that the situation is unsafe to either
himself/herself or his/her co-workers. When a worker believes that a work refusal
should be initiated, then

the employee must report to his/her supervisor that he/she is refusing to
work and state why he/she believes the situation is unsafe

the employee, supervisor, and a JHSC member or employee representative
will investigate

the employee returns to work if the problem is resolved with mutual
agreement

if the problem is not resolved, a government health and safety inspector is
called

inspector investigates and gives decision in writing.
How is legislation enforced?
The legislation holds employers responsible to protect employee health and safety.
Enforcement is carried out by inspectors from the government department
responsible for health and safety in each jurisdiction. In some serious cases,
6
charges may also be laid by police or crown attorneys under Section 217.1 of the
Canada Criminal Code (also known as "Bill C-45"). This section imposes a legal duty
on employers and those who direct work to take reasonable measures to protect
employees and public safety. If this duty is "wantonly" or recklessly disregarded and
bodily harm or death results, an organization or individual could be charged with
criminal negligence.
Where can I get more information about responsibilities?
If you have specific concerns about what regulations require employers and workers
to do, you should consult local authorities in your jurisdiction. This is especially true
if your questions deal with the content, interpretation, compliance and enforcement
of the legislation, and how it applies in your own workplace situation.
We have provided referrals in the section on OH&S agencies responsible for
occupational health and safety. Local offices are usually listed in telephone directory
"Blue Pages" or under separate federal and provincial government headings in other
telephone directories.
7
OH&S
Legislation
in
Canada
-
Due
Diligence
What is meant by due diligence?
Due diligence is the level of judgement, care, prudence, determination, and activity
that a person would reasonably be expected to do under particular circumstances.
Applied to occupational health and safety, due diligence means that employers shall
take all reasonable precautions, under the particular circumstances, to prevent
injuries or accidents in the workplace. This duty also applies to situations that are
not addressed elsewhere in the occupational health and safety legislation.
To exercise due diligence, an employer must implement a plan to identify possible
workplace hazards and carry out the appropriate corrective action to prevent
accidents or injuries arising from these hazards.
Why does due diligence have special significance?
"Due diligence" is important as a legal defense for a person charged under
occupational health and safety legislation. If charged, a defendant may be found not
guilty if he or she can prove that due diligence was exercised. In other words, the
defendant must be able to prove that all precautions, reasonable under the
circumstances, were taken to protect the health and safety of workers.
How does an employer establish a due diligence program?
The conditions for establishing due diligence include several criteria:

The employer must have in place written OH&S policies, practices, and
procedures. These policies, etc. would demonstrate and document that the
employer carried out workplace safety audits, identified hazardous practices and
hazardous conditions and made necessary changes to correct these conditions,
and provided employees with information to enable them to work safely.
8

The employer must provide the appropriate training and education to the
employees so that they understand and carry out their work according to the
established polices, practices, and procedures.

The employer must train the supervisors to ensure they are competent
persons, as defined in legislation.

The employer must monitor the workplace and ensure that employees are
following the policies, practices and procedures. Written documentation of
progressive disciplining for breaches of safety rules is considered due diligence.

There are obviously many requirements for the employer but workers also
have responsibilities. They have a duty to take reasonable care to ensure the
safety of themselves and their coworkers - this includes following safe work
practices and complying with regulations.

The employer should have an accident investigation and reporting system in
place. Employees should be encouraged to report "near misses" and these should
be investigated also. Incorporating information from these investigations into
revised, improved policies, practices and procedures will also establish the
employer is practicing due diligence.

The employer should document, in writing, all of the above steps: this will
give the employer a history of how the company's occupational health and safety
program has progressed over time. Second, it will provide up-to-date
documentation that can be used as a defense to charges in case an accident
occurs despite an employer's due diligence efforts.
All of the elements of a "due diligence program" must be in effect before any
accident or injury occurs. If employers have questions about due diligence, they
should seek legal advice for their jurisdiction to ensure that all appropriate due
diligence requirements are in place.
Due diligence is demonstrated by your actions before an event occurs, not after.
More information on how to establish these programs is available through OSH
Answers, including:

Establishing an OSH Program

Emergency Planning

Hazard Control

Guide to Writing an OHS Policy Statement

Inspection Checklists

Job Hazard Analysis
What are areas to consider when reviewing due diligence?
When reviewing your due diligence program, it may help to ask yourself the
following questions:
9
1.
Can a reasonable person predict or foresee something going wrong?
2.
Is there an opportunity to prevent the injury or incident?
3.
Who is the responsible for preventing the incident or incident?
What is an example of a due diligence checklist?
Yes
No
Do you know and understand your safety and health responsibilities?
Do you have definite procedures in place to identify and control hazards?
Have you integrated safety into all aspects of your work?
Do you set objectives for safety and health just as you do for quality,
production, and sales?
Have you committed appropriate resources to safety and health?
Have you explained safety and health responsibilities to all employees and
made sure that they understand it?
Have employees been trained to work safely and use proper protective
equipment?
Is there a hazard reporting procedure in place that encourages employees
to report all unsafe conditions and unsafe practices to their supervisors?
Are managers, supervisors, and workers held accountable for safety and
health just as they are held accountable for quality?
Is safety a factor when acquiring new equipment or changing a process?
Do you keep records of your program activities and improvements?
Do you keep records of the training each employee has received?
Do your records show that you take disciplinary action when an employee
violates safety procedures?
Do you review your OSH program at least once a year and make
improvements as needed?
10