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.  R.S.O. 1990, c. O.1, s. 70 (1). Idem (2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations, 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; 14.  exempting any class of workplaces from the requirement set out in subsection 9 (12); 15.  prescribing elements that any policy or program required under this Act must contain and the format that the policy or program must be in; 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.  Repealed: 2015, c. 27, Sched. 4, s. 7 (1). 39.  requiring an employer to disclose to such persons as may be prescribed the source of toxicological data used by the employer to prepare a safety data sheet; 40.  prescribing the format and contents of a safety data sheet; 41.  prescribing by class of employer the intervals at which a health and safety representative or a committee member designated under subsection 9 (23) shall inspect all or part of a workplace; 42.  establishing criteria for determining, for the purpose of section 51, whether a person is critically injured; 43.  prescribing first aid requirements to be met and first aid services to be provided by employers and constructors; 43.1  governing the employer’s obligations under section 25.2 respecting the provision and maintenance of naloxone kits and the training referred to in subsection 25.2 (3); 44.  prescribing, for the purpose of clause 26 (1) (i), medical examinations and tests that a worker is required to undergo to ensure that the worker’s health will not affect his or her ability to perform his or her job in a manner that might endanger others; 45.  prescribing classes of workplace with respect to which section 45 does not apply; 46.  prescribing the qualifications of persons whom a certified member may designate under subsection 45 (9); 47.  prescribing, for the purpose of subsection 46 (6), criteria for determining whether a constructor or employer has demonstrated a failure to protect the health and safety of workers; 48.  prescribing matters to be considered by the Board in deciding upon an application under section 46; 49.  prescribing classes of workplace with respect to which section 47 does not apply; 50.  requiring an employer to designate a person in a workplace to act as a workplace co-ordinator with respect to workplace violence and workplace harassment, and prescribing the functions and duties of the co-ordinator; 51.  in the case of a worker described in subsection 43 (2), specifying situations in which a circumstance described in clause 43 (3) (a), (b), (b.1) or (c) shall be considered, for the purposes of clause 43 (1) (a), to be inherent in the worker’s work or a normal condition of employment; 52.  varying or supplementing subsections 43 (4) to (13) with respect to the following workers, in circumstances when section 43 applies to them: i.  workers to whom section 43 applies by reason of a regulation made for the purposes of subsection 3 (3), and ii.  workers described in subsection 43 (2); 53.  providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of section 22.5; 54.  prescribing the functions of the Office of the Worker Adviser for the purposes of Part VI; 55.  prescribing the functions of the Office of the Employer Adviser for the purposes of Part VI; 56.  prescribing a number of employees for the purposes of subsection 50.1 (2).  R.S.O. 1990, c. O.1, s. 70 (2); 1997, c. 16, s. 2 (16); 1998, c. 8, s. 59; 2001, c. 9, Sched. I, s. 3 (16); 2009, c. 23, s. 7; 2011, c. 11, s. 18 (2-4); 2015, c. 27, Sched. 4, s. 7; 2021, c. 34, Sched. 15, s. 11; 2022, c. 7, Sched. 4, s. 5. Rolling incorporation by reference (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. 2020, c. 18, Sched. 13, s. 1. Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (16) - 1/01/1998; 1998, c. 8, s. 59 - 29/06/1998 2001, c. 9, Sched. I, s. 3 (16) - 29/06/2001 2009, c. 23, s. 7 - 15/06/2010 2011, c. 1, Sched. 7, s. 2 (12, 14) - no effect - see 2015, c. 27, Sched. 4, s. 11 - 03/12/2015; 2011, c. 11, s. 18 (1) - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2021; 2011, c. 11, s. 18 (2)
- 01/06/2011; 2011, c. 11, s. 18 (3, 4)- 01/04/2012 2015, c. 27, Sched. 4, s. 7 - 01/07/2016 2020, c. 18, Sched. 13, s. 1 - 21/07/2020 2021, c. 34, Sched. 15, s. 11 - 02/12/2021 2022, c. 7, Sched. 4, s. 5 - 01/06/2023