jswizzle3737/ontario_laws_and_regs huggingface dataset:
32.0.1 (1) An employer shall, (a)  prepare a policy with respect to workplace violence; (b)  prepare a policy with respect to workplace harassment; and (c)  review the policies as often as is necessary, but at least annually.  2009, c. 23, s. 3. Written form, posting (2) The policies shall be in written form and shall be posted at a conspicuous place in the workplace.  2009, c. 23, s. 3. Exception (3) Subsection (2) does not apply if the number of workers regularly employed at the workplace is five or fewer, unless an inspector orders otherwise.  2009, c. 23, s. 3; 2011, c. 1, Sched. 7, s. 2 (3). Section Amendments with date in force (d/m/y) 2009, c. 23, s. 3 - 15/06/2010 2011, c. 1, Sched. 7, s. 2 (3) - 30/03/2011
32.0.2 (1) An employer shall develop and maintain a program to implement the policy with respect to workplace violence required under clause 32.0.1 (1) (a).  2009, c. 23, s. 3. Contents (2) Without limiting the generality of subsection (1), the program shall, (a)  include measures and procedures to control the risks identified in the assessment required under subsection 32.0.3 (1) as likely to expose a worker to physical injury; (b)  include measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur; (c)  include measures and procedures for workers to report incidents of workplace violence to the employer or supervisor; (d)  set out how the employer will investigate and deal with incidents or complaints of workplace violence; and (e)  include any prescribed elements.  2009, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 23, s. 3 - 15/06/2010
32.0.3 (1) An employer shall assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work.  2009, c. 23, s. 3. Considerations (2) The assessment shall take into account, (a)  circumstances that would be common to similar workplaces; (b)  circumstances specific to the workplace; and (c)  any other prescribed elements.  2009, c. 23, s. 3. Results (3) An employer shall, (a)  advise the committee or a health and safety representative, if any, of the results of the assessment, and provide a copy if the assessment is in writing; and (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.  2009, c. 23, s. 3. Reassessment (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.  2009, c. 23, s. 3. Same (5) Subsection (3) also applies with respect to the results of the reassessment.  2009, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 23, s. 3 - 15/06/2010
32.0.4 If an employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker.  2009, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 23, s. 3 - 15/06/2010
32.0.5 (1) For greater certainty, the employer duties set out in section 25, the supervisor duties set out in section 27, and the worker duties set out in section 28 apply, as appropriate, with respect to workplace violence.  2009, c. 23, s. 3. Information (2) An employer shall provide a worker with, (a)  information and instruction that is appropriate for the worker on the contents of the policy and program with respect to workplace violence; and (b)  any other prescribed information or instruction.  2009, c. 23, s. 3. Provision of information (3) An employer’s duty to provide information to a worker under clause 25 (2) (a) and a supervisor’s duty to advise a worker under clause 27 (2) (a) include the duty to provide information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour if, (a)  the worker can be expected to encounter that person in the course of his or her work; and (b)  the risk of workplace violence is likely to expose the worker to physical injury.  2009, c. 23, s. 3. Limit on disclosure (4) No employer or supervisor shall disclose more personal information in the circumstances described in subsection (3) than is reasonably necessary to protect the worker from physical injury.  2009, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 23, s. 3 - 15/06/2010
32.0.6 (1) An employer shall, in consultation with the committee or a health and safety representative, if any, develop and maintain a written program to implement the policy with respect to workplace harassment required under clause 32.0.1 (1) (b). 2016, c. 2, Sched. 4, s. 2 (1). Contents (2) Without limiting the generality of subsection (1), the program shall, (a)  include measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor; (b)  include measures and procedures for workers to report incidents of workplace harassment to a person other than the employer or supervisor, if the employer or supervisor is the alleged harasser; (c)  set out how incidents or complaints of workplace harassment will be investigated and dealt with; (d)  set out how information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law; (e)  set out how a worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, will be informed of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation; and (f)  include any prescribed elements. 2009, c. 23, s. 3; 2016, c. 2, Sched. 4, s. 2 (2). Section Amendments with date in force (d/m/y) 2009, c. 23, s. 3 - 15/06/2010 2016, c. 2, Sched. 4, s. 2 (1, 2) - 08/09/2016
32.0.7 (1) To protect a worker from workplace harassment, an employer shall ensure that,   (a)  an investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances; (b)  the worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, are informed in writing of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation; (c)  the program developed under section 32.0.6 is reviewed as often as necessary, but at least annually, to ensure that it adequately implements the policy with respect to workplace harassment required under clause 32.0.1 (1) (b); and (d)  such other duties as may be prescribed are carried out. 2016, c. 2, Sched. 4, s. 3. Results of investigation not a report (2) The results of an investigation under clause (1) (a), and any report created in the course of or for the purposes of the investigation, are not a report respecting occupational health and safety for the purposes of subsection 25 (2).  2016, c. 2, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 23, s. 3 -
15/06/2010 2016, c. 2, Sched. 4, s. 3 - 08/09/2016
32.0.8 An employer shall provide a worker with, (a)  information and instruction that is appropriate for the worker on the contents of the policy and program with respect to workplace harassment; and (b)  any other prescribed information.  2016, c. 2, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2016, c. 2, Sched. 4, s. 3 - 08/09/2016 Part iii.1   Codes of Practice
32.1 In this Part, “legal requirement” means a requirement imposed by a provision of this Act or by a regulation made under this Act.  2011, c. 11, s. 10. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (4) - 29/06/2001 2011, c. 11, s. 10 - 1/06/2011
32.2 (1) The Minister may approve a code of practice and the approved code of practice may be followed to comply with a legal requirement specified in the approval.  2011, c. 11, s. 11. Same (1.1) An approval made under subsection (1) may be subject to such terms and conditions as the Minister considers appropriate and may be general or particular in its application.  2011, c. 11, s. 11. Withdrawal of approval (2) The Minister may withdraw an approval under subsection (1).  2001, c. 9, Sched. I, s. 3 (4). Legislation Act, 2006, Part III (3) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to an approval under this section or the withdrawal of such an approval.  2001, c. 9, Sched. I, s. 3 (4); 2006, c. 21, Sched. F, s. 136 (1). Delegation (4) The Minister may delegate the Minister’s power under this section to the Deputy Minister.  2001, c. 9, Sched. I, s. 3 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (4) - 29/06/2001 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2011, c. 11, s. 11 - 1/06/2011
32.3 (1) An approval or a withdrawal of an approval under section 32.2 shall be published in The Ontario Gazette.  2001, c. 9, Sched. I, s. 3 (4). Effect of publication (2) Publication of an approval or withdrawal of approval in The Ontario Gazette, (a)  is, in the absence of evidence to the contrary, proof of the approval or withdrawal of approval; and (b)  shall be deemed to be notice of the approval or withdrawal of approval to everyone affected by it.  2001, c. 9, Sched. I, s. 3 (4). Judicial notice (3) Judicial notice shall be taken of an approval or withdrawal of approval published in The Ontario Gazette.  2001, c. 9, Sched. I, s. 3 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (4) - 29/06/2001
32.4 The following apply if a code of practice is approved under section 32.2: 1.  Subject to any terms or conditions set out in the approval, compliance with the approved code of practice is deemed to be compliance with the legal requirement. 2.  A failure to comply with the approved code of practice is not, in itself, a breach of the legal requirement.  2011, c. 11, s. 12. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I ,s. 3 (4) - 29/06/2001 2011, c. 11, s. 12 - 1/06/2011 PART IV   TOXIC SUBSTANCES
35 Prior to a substance being designated under paragraph 23 of subsection 70 (2), the Minister, (a)  shall publish in The Ontario Gazette a notice stating that the substance may be designated and calling for briefs or submissions in relation to the designation; and (b)  shall publish in The Ontario Gazette a notice setting forth the proposed regulation relating to the designation of the substance at least sixty days before the regulation is filed with the Registrar of Regulations.  R.S.O. 1990, c. O.1, s. 35. 36 Repealed:  2001, c. 9, Sched. I, s. 3 (7). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (7) - 29/06/2001
37 (1) An employer, (a)  shall ensure that all hazardous materials present in the workplace are identified in the prescribed manner; (b)  shall obtain or prepare, as may be prescribed, a current safety data sheet for all hazardous materials present in the workplace; and (c)  shall ensure that the identification required by clause (a) and safety data sheets required by clause (b) are available in English and such other languages as may be prescribed.  R.S.O. 1990, c. O.1, s. 37 (1); 2015, c. 27, Sched. 4, s. 2 (1, 2). Prohibition (2) No person shall remove or deface the identification described in clause (1) (a) for a hazardous material.  R.S.O. 1990, c. O.1, s. 37 (2). Hazardous material not to be used (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.  R.S.O. 1990, c. O.1, s. 37 (3); 2015, c. 27, Sched. 4, s. 2 (2). Notice to Director (4) An employer shall advise a Director in writing if the employer, after making reasonable efforts, is unable to obtain a label or safety data sheet required by subsection (1).  R.S.O. 1990, c. O.1, s. 37 (4); 2015, c. 27, Sched. 4, s. 2 (3). (5) Repealed: 2015, c. 27, Sched. 4, s. 2 (4). Section Amendments with date in force (d/m/y) 2011, c. 1, Sched. 7, s. 2 (4, 5, 12-14) - no effect - see 2015, c. 27, Sched. 4, s. 11 - 03/12/2015 2015, c. 27, Sched. 4, s. 2 - 01/07/2016
38 (1) A copy of every current safety data sheet required by this Part in respect of hazardous materials in a workplace shall be, (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 (e)  filed by the employer with a Director on request or if so prescribed.  2001, c. 9, Sched. I, s. 3 (8); 2015, c. 27, Sched. 4, s. 3 (1). Additional requirement (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. 2015, c. 27, Sched. 4, s. 3 (2). Public access (2) The medical officer of health, at the request of any person, shall request an employer to furnish a copy of a current safety data sheet.  2001, c. 9, Sched. I, s. 3 (9); 2015, c. 27, Sched. 4, s. 3 (3). Same (3) At the request of any person, the medical officer of health shall make available to the person for inspection a copy of any safety data sheet requested by the person and in the possession of the medical officer of health.  2001, c. 9, Sched. I, s. 3 (9); 2015, c. 27, Sched. 4, s. 3 (4). Idem (4) A medical officer of health shall not disclose the name of any person who makes a request under subsection (2) or (3).  R.S.O. 1990, c. O.1, s. 38 (4). Electronic format (5) For greater certainty, a copy of a safety data sheet in an electronic format is a copy for the purposes of this section. 2015, c. 27, Sched. 4, s. 3 (5). Requirement to consult (6) An employer shall consult with the committee and the health and safety representative, if any, on making safety data sheets available in the workplace or furnishing them as required by clauses (1) (a) and (b) and subsection (1.1). 2015, c. 27, Sched. 4, s. 3 (5). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (8, 9) - 29/06/2001 2011, c. 1, Sched. 7, s. 2 (6, 12-14) - no effect - see 2015, c. 27, Sched. 4, s. 11- 03/12/2015 2015, c. 27, Sched. 4, s. 3 - 01/07/2016
39 (1) Where so prescribed, an employer shall assess all biological and chemical agents produced in the workplace for use therein to determine if they are hazardous materials. Assessments to be made available (2) The assessment required by subsection (1) shall be in writing and a copy of it shall be, (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.  R.S.O. 1990, c. O.1, s. 39.
40 (1) An employer may file a claim for an exemption from disclosing, (a)  information required under this Part in a label or safety data sheet; or (b)  the name of a toxicological study used by the employer to prepare a safety data sheet, on the grounds that it is confidential business information.  R.S.O. 1990, c. O.1, s. 40 (1); 2001, c. 9, Sched. I, s. 3 (10); 2015, c. 27, Sched. 4, s. 4 (1, 2). Idem (2) An application under subsection (1) shall be made only in respect of such types of confidential business information as may be prescribed.  R.S.O. 1990, c. O.1, s. 40 (2). Determination of claim (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 (Canada). 2015, c. 27, Sched. 4, s. 4 (3). Appeal (4) The employer or any worker of the employer or any trade union representing the workers of the employer may, in accordance with the appeal process set out in the Hazardous Materials Information Review Act (Canada), appeal a determination made under subsection (3) and the appeal shall be determined in accordance with that process. 2015, c. 27, Sched. 4, s. 4 (3). (5) Repealed: 2015, c. 27, Sched. 4, s. 4 (3). Effect of claim (6) Information that an employer considers to be confidential business information is exempt from disclosure from the time a claim is filed under subsection (1) until the claim is finally determined and for three years thereafter, if the claim is found to be valid.  R.S.O. 1990, c. O.1, s. 40 (6). Effect of determination (7) A determination made under this section applies for the purposes of this Part. 2015, c. 27, Sched. 4, s. 4 (4). (8) Repealed: 2015, c. 27, Sched. 4, s. 4 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (10) - 29/06/2001 2011, c. 1, Sched. 7, s. 2 (12, 14) - no effect - see 2015, c. 27, Sched. 4, s. 11 - 03/12/2015 2015, c. 27, Sched. 4, s. 4 - 01/07/2016
40.1 (1) Subject to subsection (2), all information obtained by an employee in the Ministry from a person acting under the authority of the Hazardous Materials Information Review Act (Canada) is privileged and no employee in the Ministry shall knowingly, without consent in writing of the Chief Screening Officer appointed under that Act, (a)  communicate or allow to be communicated to any person any information obtained; or (b)  allow any person to inspect or to have access to any part of a book, record, writing or other document containing any information obtained. 2015, c. 27, Sched. 4, s. 5 (1). Exception (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 (b)  a physician or a medical professional prescribed under the Hazardous Materials Information Review Act
(Canada) who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.  1992, c. 14, s. 2 (1); 2006, c. 35, Sched. C, s. 93 (4). Conditions (3) No person who obtains any information under subsection (2) shall knowingly disclose that information to any other person or knowingly allow any other person to have access to that information except as may be necessary for the purposes mentioned in that subsection.  1992, c. 14, s. 2 (1). Non-disclosure prevails (4) Despite subsection 63 (1), the requirements in this section that information received from a person acting under the authority of the Hazardous Materials Information Review Act (Canada) not be disclosed prevail over any other law. 2015, c. 27, Sched. 4, s. 5 (2). Section Amendments with date in force (d/m/y) 1992, c. 14, s. 2 (1) - 25/06/1992 2006, c. 35, Sched. C, s. 93 (3, 4) - 20/08/2007 2015, c. 27, Sched. 4, s. 5 - 01/07/2016
41 (1) A person who distributes or supplies, directly or indirectly, or manufactures, produces or designs a thing for use in a workplace that causes, emits or produces a hazardous physical agent when the thing is in use or operation shall ensure that such information as may be prescribed is readily available respecting the hazardous physical agent and the proper use or operation of the thing. Duty of employer (2) Where an employer has a thing described in subsection (1) in the workplace, the employer shall ensure that the information referred to in that subsection has been obtained and is, (a)  made available in the workplace for workers who use or operate the thing or who are likely to be exposed to the hazardous physical agent; and (b)  furnished by the employer to the committee or health and safety representative, if any, for the workplace or a worker selected by the workers to represent them, if there is no committee or health and safety representative. Notices (3) An employer to whom subsection (2) applies shall post prominent notices identifying and warning of the hazardous physical agent in the part of the workplace in which the thing is used or operated or is to be used or operated. Idem (4) Notices required by subsection (3) shall contain such information as may be prescribed and shall be in English and such other language or languages as may be prescribed.  R.S.O. 1990, c. O.1, s. 41.
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. Consultation (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. Review (3) An employer shall review, in consultation with the committee or health and safety representative, if any, for the workplace, the training and instruction provided to a worker and the worker’s familiarity therewith at least annually. Idem (4) The review described in subsection (3) shall be held more frequently than annually, if, (a)  the employer, on the advice of the committee or health and safety representative, if any, for the workplace, determines that such reviews are necessary; or (b)  there is a change in circumstances that may affect the health or safety of a worker.  R.S.O. 1990, c. O.1, s. 42. PART V   RIGHT TO REFUSE OR TO STOP WORK WHERE HEALTH OR SAFETY IN DANGER Refusal to work
44 (1) In sections 45 to 48, “dangerous circumstances” means a situation in which, (a)  a provision of this Act or the regulations is being contravened, (b)  the contravention poses a danger or a hazard to a worker, and (c)  the danger or hazard is such that any delay in controlling it may seriously endanger a worker. Non-application (2) Sections 45 to 49 do not apply to, (a)  a workplace at which workers described in clause 43 (2) (a), (b) or (c) are employed; or (b)  a workplace at which workers described in clause 43 (2) (d) are employed if a work stoppage would directly endanger the life, health or safety of another person.  R.S.O. 1990, c. O.1, s. 44.
45 (1) A certified member who has reason to believe that dangerous circumstances exist at a workplace may request that a supervisor investigate the matter and the supervisor shall promptly do so in the presence of the certified member. Investigation by second certified member (2) The certified member may request that a second certified member representing the other workplace party investigate the matter if the first certified member has reason to believe that dangerous circumstances continue after the supervisor’s investigation and remedial actions, if any. Idem (3) The second certified member shall promptly investigate the matter in the presence of the first certified member. Direction following investigation (4) If both certified members find that the dangerous circumstances exist, the certified members may direct the constructor or employer to stop the work or to stop the use of any part of a workplace or of any equipment, machine, device, article or thing. Constructor’s or employer’s duties (5) The constructor or employer shall immediately comply with the direction and shall ensure that compliance is effected in a way that does not endanger a person. Investigation by inspector (6) If the certified members do not agree whether dangerous circumstances exist, either certified member may request that an inspector investigate the matter and the inspector shall do so and provide the certified members with a written decision. Cancellation of direction (7) After taking steps to remedy the dangerous circumstances, the constructor or employer may request the certified members or an inspector to cancel the direction. Idem (8) The certified members who issued a direction may jointly cancel it or an inspector may cancel it. Delegation by certified member (9) In such circumstances as may be prescribed, a certified member who represents the constructor or employer shall designate a person to act under this section in his or her stead when the certified member is not available at the workplace.  R.S.O. 1990, c. O.1, s. 45.
46 (1) A certified member at a workplace or an inspector who has reason to believe that the procedure for stopping work set out in section 45 will not be sufficient to protect a constructor’s or employer’s workers at the workplace from serious risk to their health or safety may apply to the Board for a declaration or recommendation described in subsection (5), or both.  R.S.O. 1990, c. O.1, s. 46 (1); 1998, c. 8, s. 53 (1). (2) Repealed: 1998, c. 8, s. 53 (2). Minister a party (3) The Minister is entitled to be a party to a proceeding before the Board.  R.S.O. 1990, c. O.1, s. 46 (3); 1998, c. 8, s. 53 (3). Board procedure, etc. (4) Subsections 61 (2) to (3.13) and subsection 61 (8) apply, with necessary modifications, with respect to applications under this section.  1998, c. 8, s. 53 (4). Declaration and recommendation (5) If the Board finds that the procedure for stopping work set out in section 45 will not be sufficient to protect the constructor’s or employer’s workers at the workplace from serious risk to their health or safety, the Board, (a)  may issue a declaration that the constructor or employer is subject to the procedure for stopping work set out in section 47 for the period specified; and (b)  may recommend to the Minister that an inspector be assigned to oversee the health and safety practices of the constructor or employer at the workplace on a full-time or part-time basis for a specified period.  R.S.O. 1990, c. O.1, s. 46 (5); 1998, c. 8, s. 53 (5). Criteria (6) In making a finding under subsection (5), the Board shall determine, using the prescribed criteria, whether the constructor or employer has demonstrated a failure to protect the health and safety of workers and shall consider such other matters as may be prescribed.  R.S.O. 1990, c. O.1, s. 46 (6); 1998, c. 8, s. 53 (6). Decision final (7) The decision of the Board on an application is final.  R.S.O. 1990, c. O.1, s. 46 (7); 1998, c. 8, s. 53 (7). Costs of inspector (8) The employer shall reimburse the Province of Ontario for the wages, benefits and expenses of an inspector assigned to the employer as recommended by the Board.  1998, c. 8, s. 53 (8). Section Amendments with date in force (d/m/y) 1998, c. 8, s. 53 - 29/06/1998
47 (1) This section applies, and section 45 does not apply, to a constructor or an employer, (a)  against whom the Board has issued a declaration under section 46; or (b)  who advises the committee at a workplace in writing that the constructor or employer adopts the procedures set out in this section respecting work stoppages.  R.S.O. 1990, c. O.1, s. 47 (1); 1998, c. 8, s. 54. Direction re work stoppage (2) A certified member may direct the constructor or employer to stop specified work or to stop the use of any part of a workplace or of any equipment, machine, device, article or thing if the certified member finds that dangerous circumstances exist. Constructor’s or employer’s duties (3) The constructor or employer shall immediately comply with the direction and shall ensure that compliance is effected in a way that does not endanger a person. Investigation by constructor, etc. (4) After complying with the direction, the constructor or employer shall promptly investigate the matter in the presence of the certified member. Investigation by inspector (5) If the certified member and the constructor or employer do not agree whether dangerous circumstances exist, the constructor or employer or the certified member may request that an inspector investigate the matter and the inspector shall do so and provide them with a written decision. Cancellation of direction (6) After taking steps to remedy the dangerous circumstances, the constructor or employer may request the certified member or an inspector to cancel the direction. Idem (7) The certified member who made the direction or an inspector may cancel it.  R.S.O. 1990, c. O.1, s. 47 (2-7). Section Amendments with date in force (d/m/y) 1998, c. 8, s. 54 - 29/06/1998
48 (1) A certified member who receives a complaint that dangerous circumstances exist is entitled to investigate the complaint. Entitlement to be paid (2) The time spent by a certified member in exercising powers and carrying out duties under this section and sections 45 and 47 shall be deemed to be work time for which the member’s employer shall pay the member at the regular or premium rate as may be proper.  R.S.O. 1990, c. O.1, s. 48.
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.  R.S.O. 1990, c. O.1, s. 49 (1); 1998, c. 8, s. 55 (1). Limitation (2) A complaint must be filed not later than 30 days after the event to which the complaint relates.  R.S.O. 1990, c. O.1, s. 49 (2); 1998, c. 8, s. 55 (2). Minister a party (3) The Minister is entitled to be a party to a proceeding before the Board.  R.S.O. 1990, c. O.1, s. 49 (3); 1998, c. 8, s. 55 (3). Board procedure, etc. (3.1) Subsections 61 (2) to (3.13) and subsection 61 (8) apply, with necessary modifications, with respect to complaints under this section.  1998, c. 8, s. 55 (4). Determination of complaint (4) The Board shall make a decision respecting the complaint and may make such order as it considers appropriate in the circumstances including an order decertifying a certified member.  1998, c. 8, s. 55 (5). Decision final (5) The decision of the Board is final.  R.S.O. 1990, c. O.1, s. 49 (5); 1998, c. 8, s. 55 (6). Section Amendments with date in force (d/m/y) 1998, c. 8, s. 55 - 29/06/1998 PART VI   REPRISALS BY EMPLOYER PROHIBITED
50.1 (1) In addition to the functions set out in section 176 of the Workplace Safety and Insurance Act, 1997, the Office of the Worker Adviser has the functions prescribed for the purposes of this Part, with respect to workers who are not members of a trade union.  2011, c. 11, s. 14. Office of the Employer Adviser (2) In addition to the functions set out in section 176 of the Workplace Safety and Insurance Act, 1997, the Office of the Employer Adviser has the functions prescribed for the purposes of this Part, with respect to employers that have fewer than 100 employees or such other number as may be prescribed.  2011, c. 11, s. 14. Costs (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.  2011, c. 11, s. 14. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 14 - 1/04/2012 PART VII   NOTICES
51 (1) Where a person is killed or critically injured from any cause at a workplace, the constructor, if any, and the employer shall notify an inspector, and the committee, health and safety representative and trade union, if any, immediately of the occurrence by telephone or other direct means and the employer shall, within forty-eight hours after the occurrence, send to a Director and to the committee, health and safety representative and trade union, if any a written report of the circumstances of the occurrence containing such information and particulars as the regulations prescribe.  R.S.O. 1990, c. O.1, s. 51 (1); 2011, c. 1, Sched. 7, s. 2 (7); 2021, c. 34, Sched. 15, s. 7. Preservation of wreckage (2) Where a person is killed or is critically injured at a workplace, no person shall, except for the purpose of, (a)  saving life or relieving human suffering; (b)  maintaining an essential public utility service or a public transportation system; or (c)  preventing unnecessary damage to equipment or other property, interfere with, disturb, destroy, alter or carry away any wreckage, article or thing at the scene of or connected with the occurrence until permission so to do has been given by an inspector.  R.S.O. 1990, c. O.1, s. 51 (2). Section Amendments with date in force (d/m/y) 2011, c. 1, Sched. 7, s. 2 (7) - 30/03/2011 2021, c. 34, Sched. 15, s. 7 - 02/12/2021
52 (1) If a person is disabled from performing his or her usual work or requires medical attention because of an accident, explosion, fire or incident of workplace violence at a workplace, but no person dies or is critically injured because of that occurrence, the employer shall, within four days of the occurrence, give written notice of the occurrence containing the prescribed information and particulars to the following: 1.  The committee, the health and safety representative and the trade union, if any. 2.  The Director, if an inspector requires notification of the Director.  2001, c. 9, Sched. I, s. 3 (12); 2009, c. 23, s. 5. Notice of occupational illness (2) If an employer is advised by or on behalf of a worker that the worker has an occupational illness or that a claim in respect of an occupational illness has been filed with the Workplace Safety and Insurance Board by or on behalf of the worker, the employer shall give notice in writing, within four days of being so advised, to a Director, to the committee or a health and safety representative and to the trade union, if any, containing such information and particulars as are prescribed.  R.S.O. 1990, c. O.1, s. 52 (2); 1997, c. 16, s. 2 (12). Idem (3) Subsection (2) applies with all necessary modifications if an employer is advised by or on behalf of a former worker that the worker has or had an occupational illness or that a claim in respect of an occupational illness has been filed with the Workplace Safety and Insurance Board by or on behalf of the worker.  R.S.O. 1990, c. O.1, s. 52 (3); 1997, c. 16, s. 2 (13). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (12, 13) - 1/01/1998 2001, c. 9, Sched. I, s. 3 (12) - 29/06/2001 2009, c. 23, s. 5 - 15/06/2010
53 (1) If an accident, premature or unexpected explosion, fire, flood or inrush of water, failure of any equipment, machine, device, article or thing, cave-in, subsidence, rockburst, or other prescribed incident occurs at a project site, mine, mining plant or other prescribed location, the person determined under subsection (2) shall, within two days after the occurrence, give notice in writing with the prescribed information and particulars, (a)  to the committee, health and safety representative and trade union, if any; and (b)  to a Director, unless a report under section 51 or a notice under section 52 has already been given to a Director. 2011, c. 1, Sched. 7, s. 2 (8); 2017, c. 34, Sched. 30, s. 2 (1). Person required to notify (2) The person required to give notice under subsection (1) is, (a)  if the incident takes place at a project site, the constructor of the project; (b)  if the incident occurs at a mine or a mining plant, the employer of a worker who works in the mine or plant; or (c)  if the incident occurs at a prescribed location, the person prescribed for that location. 2017, c. 34, Sched. 30, s. 2 (2). Section Amendments with date in force (d/m/y) 2011, c. 1, Sched. 7, s. 2 (8) - 30/03/2011 2017, c. 34, Sched. 30, s. 2 (1, 2) - 14/12/2017
53.1 In addition to the notice requirements set out in sections 51, 52 and 53, the regulations may specify additional notice requirements that must be met in the circumstances described in those sections, including specifying who is required to provide the notice, the timeframe in which it shall be provided and the information and particulars it must contain. 2017, c. 34, Sched. 30, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 30, s. 3 - 14/12/2017 PART VIII   ENFORCEMENT
55 Subject to subsections 8 (6) and 9 (26), an inspector may in writing direct a health and safety representative or a member designated under subsection 9 (23) to inspect the physical condition of all or part of a workplace at specified intervals.  R.S.O. 1990, c. O.1, s. 55; 2009, c. 33, Sched. 20, s. 3 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 20, s. 3 (2) - 15/12/2009
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.  2009, c. 23, s. 6; 2011, c. 1, Sched. 7, s. 2 (9). Section Amendments with date in force (d/m/y) 2009, c. 23, s. 6 - 15/06/2010 2011, c. 1, Sched. 7, s. 2 (9) - 30/03/2011
55.2 An inspector may in writing order that the following be in written form: 1.  The assessment of the risks of workplace violence required under subsection 32.0.3 (1). 2.  A reassessment required under subsection 32.0.3 (4).  2009, c. 23, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 23, s. 6 - 15/06/2010
55.3 (1) An inspector may in writing order an employer to cause an investigation described in clause 32.0.7 (1) (a) to be conducted, at the expense of the employer, by an impartial person possessing such knowledge, experience or qualifications as are specified by the inspector and to obtain, at the expense of the employer, a written report by that person.  2016, c. 2, Sched. 4, s. 4. Report (2) A report described in subsection (1) is not a report respecting occupational health and safety for the purposes of subsection 25 (2).  2016, c. 2, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2016, c. 2, Sched. 4, s. 4 - 08/09/2016
55.4 For the purposes of subsection 52 (1), an inspector may, in writing, order an employer to give written notice to a Director during such period as may be specified by the inspector. 2021, c. 34, Sched. 15, s. 9. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 15, s. 9 - 02/12/2021
56.1 (1) An inspector who executes a warrant issued under section 56 may seize or examine and copy any drawings, specifications, licence, document, record or report or seize or examine any equipment, machine, device, article, thing, material or biological, chemical or physical agent, in addition to those mentioned in the warrant, that he or she believes on reasonable grounds will afford evidence in respect of an offence under this Act or the regulations.  2001, c. 26, s. 3. Searches in exigent circumstances (2) Although a warrant issued under section 56 would otherwise be required, an inspector may exercise any of the powers described in subsection 56 (1) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.  2001, c. 26, s. 3. Report to justice, etc. (3) Subsections 56 (3), (4) and (5) apply with necessary modifications to a thing seized under this section.  2001, c. 26, s. 3. Section Amendments with date in force (d/m/y) 2001, c. 26, s. 3 - 12/12/2001
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.  R.S.O. 1990, c. O.1, s. 58.
59 (1) Within three days after a constructor or employer who has received an order under section 57 believes that compliance with the order has been achieved, the constructor or employer shall submit to the Ministry a notice of compliance. Idem (2) The notice shall be signed by the constructor or employer and shall be accompanied by, (a)  a statement of agreement or disagreement with the contents of the notice, signed by a member of the committee representing workers or by a health and safety representative, as the case may be; or (b)  a statement that the member or representative has declined to sign the statement referred to in clause (a). Idem (3) The constructor or employer shall post the notice and the order issued under section 57 for a period of fourteen days following its submission to the Ministry in a place or places in the workplace where it is most likely to come to the attention of workers. Compliance achieved (4) Despite the submission of a notice of compliance, a constructor or employer achieves compliance with an order under section 57 when an inspector determines that compliance has been achieved.  R.S.O. 1990, c. O.1, s. 59.
60 In addition to any other remedy or penalty therefor, where an order made under subsection 57 (6) is contravened, such contravention may be restrained upon an application made without notice to a judge of the Superior Court of Justice made at the instance of a Director.  R.S.O. 1990, c. O.1, s. 60; 2001, c. 9, Sched. I, s. 3 (14). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (14) - 29/06/2001
62 (1) No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or the performance of a duty under this Act or the regulations or in the execution of a warrant issued under this Act or the Provincial Offences Act
with respect to a matter under this Act or the regulations.  2001, c. 26, s. 4. Assistance (2) Every person shall furnish all necessary means in the person’s power to facilitate any entry, search, inspection, investigation, examination, testing or inquiry by an inspector, (a)  in the exercise of his or her powers or the performance of his or her duties under this Act or the regulations; or (b)  in the execution of a warrant issued under this Act or the Provincial Offences Act with respect to a matter under this Act or the regulations.  2001, c. 26, s. 4. False information, etc. (3) No person shall knowingly furnish an inspector with false information or neglect or refuse to furnish information required by an inspector, (a)  in the exercise of his or her powers or the performance of his or her duties under this Act or the regulations; or (b)  in the execution of a warrant issued under this Act or the Provincial Offences Act with respect to a matter under this Act or the regulations.  2001, c. 26, s. 4. Monitoring devices (4) No person shall interfere with any monitoring equipment or device in a workplace.  R.S.O. 1990, c. O.1, s. 62 (4). Obstruction of committee, etc. (5) No person shall knowingly, (a)  hinder or interfere with a committee, a committee member or a health and safety representative in the exercise of a power or performance of a duty under this Act; (b)  furnish a committee, a committee member or a health and safety representative with false information in the exercise of a power or performance of a duty under this Act; or (c)  hinder or interfere with a worker selected by a trade union or trade unions or a worker selected by the workers to represent them in the exercise of a power or performance of a duty under this Act.  R.S.O. 1990, c. O.1, s. 62 (5). Section Amendments with date in force (d/m/y) 2001, c. 26, s. 4 - 12/12/2001
64 A Director may, upon receipt of a request in writing from the owner of a workplace who has entered into an agreement to sell the same and upon payment of the fee or fees prescribed, furnish to the owner or a person designated by the owner copies of reports or orders of an inspector made under this Act in respect of the workplace as to its compliance with subsection 29 (1).  R.S.O. 1990, c. O.1, s. 64.
65 (1) No action or other proceeding for damages, prohibition or mandamus shall be instituted respecting any act done in good faith in the execution or intended execution of a person’s duties under this Act or in the exercise or intended exercise of a person’s powers under this Act or for any alleged neglect or default in the execution or performance in good faith of the person’s duties or powers if the person is, (a)  an employee in the Ministry or a person who acts as an advisor for the Ministry; (b)  an employee in the Office of the Worker Adviser or the Office of the Employer Adviser; (c)  the Board or a labour relations officer; (d)  a health and safety representative or a committee member; or (e)  a worker selected by a trade union or trade unions or by workers to represent them.  R.S.O. 1990, c. O.1, s. 65 (1); 1995, c. 5, s. 32; 1997, c. 16, s. 2 (14, 15); 1998, c. 8, s. 58; 2006, c. 35, Sched. C, s. 93 (6); 2011, c. 11, s. 17 (1). Liability of Crown (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a Director, the Chief Prevention Officer, an inspector or a professional engineer of the Ministry to which it would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted.  R.S.O. 1990, c. O.1, s. 65 (2); 2011, c. 11, s. 17 (2); 2019, c. 7, Sched. 17, s. 127; 2021, c. 34, Sched. 15, s. 10. Section Amendments with date in force (d/m/y) 1995, c. 5, s. 32 - 23/08/1995; 1997, c. 16, s. 2 (14, 15) - 1/01/1998; 1998, c. 8, s. 58 - 29/06/1998 2006, c. 35, Sched. C, s. 93 (6) - 20/08/2007 2011, c. 11, s. 17 - 01/04/2012 2019, c. 7, Sched. 17, s. 127 - 01/07/2019 2021, c. 34, Sched. 15, s. 10 - 01/07/2022 PART IX   OFFENCES AND PENALTIES