jswizzle3737/ontario_laws_and_regs huggingface dataset:
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. Other Acts (2) Despite anything in any general or special Act, the provisions of this Act and the regulations prevail.  R.S.O. 1990, c. O.1, s. 2. Private residences, farming, teaching
3 (1) This Act does not apply to work performed by the owner or occupant or a servant of the owner or occupant to, in or about a private residence or the lands and appurtenances used in connection therewith. Farming operations (2) Except as is prescribed and subject to the conditions and limitations prescribed, this Act or a Part thereof does not apply to farming operations. Teachers, etc. (3) Except as is prescribed and subject to the conditions and limitations prescribed, this Act or a Part thereof does not apply to, (a)  a person who is employed as a teacher as defined in the Education Act; or (b)  a person who is employed as a member or teaching assistant of the academic staff of a university or a related institution.  R.S.O. 1990, c. O.1, s. 3.
4 Subsection 25 (1), clauses 26 (1) (c), (e), (f) and (g), subsection 33 (1) and sections 37, 38, 39, 40, 41, 51, 52, 54, 57, 59, 60, 61, 62, 66, 67, 68 and 69, and the regulations in relation thereto, apply with necessary modifications to a self-employed person.  2001, c. 9, Sched. I, s. 3 (1); 2019, c. 14, Sched. 13, s. 1. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (1) - 29/06/2001; 2001, c. 9, Sched. I, s. 3 (2) - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2019, c. 14, Sched. 13, s. 1 - 10/12/2019 PART II   ADMINISTRATION
4.1 (1) The Minister is responsible for the administration of this Act.  2011, c. 11, s. 2. Powers of Minister (2) In administering this Act, the Minister’s powers and duties include the following: 1.  To promote occupational health and safety and to promote the prevention of workplace injuries and occupational diseases. 2.  To promote public awareness of occupational health and safety. 3.  To educate employers, workers and other persons about occupational health and safety. 4.  To foster a commitment to occupational health and safety among employers, workers and others. 5.  To make grants, in such amounts and on such terms as the Minister considers advisable, to support occupational health and safety.  2011, c. 11, s. 2. Duty to consider (3) In administering this Act, the Minister shall consider advice that is provided to the Minister under this Act.  2011, c. 11, s. 2. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 2 - 1/04/2012
5 Where under this Act or the regulations any power or duty is granted to or vested in the Minister or the Deputy Minister, the Minister or Deputy Minister may in writing delegate that power or duty from time to time to any employee in the Ministry subject to such limitations, restrictions, conditions and requirements as the Minister or Deputy Minister may set out in the delegation.  R.S.O. 1990, c. O.1, s. 5; 2006, c. 35, Sched. C, s. 93 (1). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 93 (1) - 20/08/2007
6 (1) Such persons as may be necessary to administer and enforce this Act and the regulations may be appointed as inspectors by the Deputy Minister and the Deputy Minister may designate one or more of the inspectors as a Director or Directors. Director may act as inspector (2) A Director may exercise any of the powers or perform any of the duties of an inspector under this Act or the regulations.  R.S.O. 1990, c. O.1, s. 6.
7 (1) The Deputy Minister shall issue a certificate of appointment, bearing his or her signature or a facsimile thereof, to every inspector. Production of certificate (2) Every inspector, in the exercise of any powers or duties under this Act, shall produce his or her certificate of appointment upon request.  R.S.O. 1990, c. O.1, s. 7.
7.1 (1) The Chief Prevention Officer may establish standards for training programs required under this Act or the regulations.  2011, c. 11, s. 3. Approval — training program (2) The Chief Prevention Officer may approve a training program that is established before or after this subsection comes into force if the training program meets the standards established under subsection (1).  2011, c. 11, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 3 - 1/06/2011
7.2 (1) The Chief Prevention Officer may establish standards that a person shall meet in order to become an approved training provider.  2011, c. 11, s. 3. Approval – persons who provide training (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.  2011, c. 11, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 3 - 1/06/2011
7.3 (1) The Chief Prevention Officer may amend a standard established under subsection 7.1 (1) or 7.2 (1).  2011, c. 11, s. 3. Publication of standards (2) The Chief Prevention Officer shall publish the standards established under subsections 7.1 (1) and 7.2 (1) promptly after establishing or amending them.  2011, c. 11, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 3 - 1/06/2011
7.4 (1) An approval given under subsection 7.1 (2) or 7.2 (2) is valid for the period that the Chief Prevention Officer specifies in the approval.  2011, c. 11, s. 3. Revocation, etc., of approval (2) The Chief Prevention Officer may revoke or amend an approval given under subsection 7.1 (2) or 7.2 (2).  2011, c. 11, s. 3. Information to be provided to Chief Prevention Officer (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.  2011, c. 11, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 3 - 1/06/2011
7.5 (1) The Chief Prevention Officer may collect information about a worker’s successful completion of an approved training program for the purpose of maintaining a record of workers who have successfully completed approved training programs.  2011, c. 11, s. 3. Disclosure by training provider (2) The Chief Prevention Officer may require an approved training provider to disclose to him or her the information described in subsection (1).  2011, c. 11, s. 3. Same (3) The Chief Prevention Officer may specify the time at which, and the form in which, the information shall be provided.  2011, c. 11, s. 3. Disclosure by Chief Prevention Officer (4) The Chief Prevention Officer may disclose information collected under subsection (1) to any person, including but not limited to a current or potential employer of a worker, if the worker consents to the disclosure.  2011, c. 11, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 3 - 1/06/2011
7.6 (1) The Chief Prevention Officer may, (a)  establish training and other requirements that a committee member shall fulfil in order to become a certified member; and (b)  certify a committee member who fulfils the requirements described in clause (a).  2011, c. 11, s. 4. Transition (2) A person who is certified under paragraph 5 of subsection 4 (1) of the Workplace Safety and Insurance Act, 1997 on the date section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force is deemed to be certified under this section.  2011, c. 11, s. 4. Amendment (3) The Chief Prevention Officer may amend training and other requirements established under clause (1) (a). 2019, c. 9, Sched. 10, s. 1. Conditions (4) The Chief Prevention Officer may establish conditions that a committee member certified under clause (1) (b) must meet in order to maintain their certification. 2019, c. 9, Sched. 10, s. 1. Validity of certification (5) A certification granted under clause (1) (b) is valid for the period that the Chief Prevention Officer specifies in the certification. 2019, c. 9, Sched. 10, s. 1. Revocation, etc., of certification (6) The Chief Prevention Officer may revoke or amend a certification granted under clause (1) (b). 2019, c. 9, Sched. 10, s. 1. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 4 - 1/04/2012 2019, c. 9, Sched. 10, s. 1 - 06/06/2019
7.6.1 (1) The Chief Prevention Officer may accredit a health and safety management system if the system meets any applicable standards established under subsection (2). 2016, c. 37, Sched. 16, s. 2. Standards (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. 2016, c. 37, Sched. 16, s. 2. Amendment (3) The Chief Prevention Officer may amend standards established under subsection (2). 2016, c. 37, Sched. 16, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 16, s. 2 - 08/12/2016
7.6.2 (1) The Chief Prevention Officer may give recognition to an employer in respect of one or more of its workplaces, upon the employer’s application, if, (a)  the employer satisfies the Chief Prevention Officer that it is a certified user of an accredited health and safety management system in its workplace or workplaces; and (b)  the employer meets any applicable criteria established under subsection (2). 2016, c. 37, Sched. 16, s. 2. Criteria (2) The Chief Prevention Officer may establish criteria that an employer must meet for the purposes of clause (1) (b). 2016, c. 37, Sched. 16, s. 2. Amendment (3) The Chief Prevention Officer may amend criteria established under subsection (2). 2016, c. 37, Sched. 16, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 16, s. 2 - 08/12/2016
7.6.3 (1) An accreditation given under subsection 7.6.1 (1) or a recognition given under subsection 7.6.2 (1) is valid for the period that the Chief Prevention Officer specifies in the accreditation or recognition. 2016, c. 37, Sched. 16, s. 2. Revocation, etc., of accreditations, recognitions (2) The Chief Prevention Officer may revoke or amend an accreditation or recognition. 2016, c. 37, Sched. 16, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 16, s. 2 - 08/12/2016
7.6.4 (1) The Chief Prevention Officer may require any person who is seeking an accreditation under subsection 7.6.1 (1) or recognition under subsection 7.6.2 (1), or who is the subject of an accreditation or recognition, to provide the Chief Prevention Officer with whatever information, records or accounts he or she may require pertaining to the accreditation or recognition and the Chief Prevention Officer may make such inquiries and examinations as he or she considers necessary. 2016, c. 37, Sched. 16, s. 2. Disclosure by Director (2) A Director may communicate or allow to be communicated or disclosed any information that was collected under the authority of this Act or the regulations to the Chief Prevention Officer or to a delegate for the purposes of determining whether the employer should receive recognition or should keep such recognition. 2016, c. 37, Sched. 16, s. 2. Same (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. 2016, c. 37, Sched. 16, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 16, s. 2 - 08/12/2016
7.6.5 (1) The Chief Prevention Officer may publish or otherwise make available to the public information relating to health and safety management systems accredited under subsection 7.6.1 (1) and employers given recognition under subsection 7.6.2 (1), including the names of the systems and employers. 2016, c. 37, Sched. 16, s. 2. Same (2) The Chief Prevention Officer shall publish the standards for accreditation of health and safety management systems and the criteria for recognition of employers promptly after establishing or amending them. 2016, c. 37, Sched. 16, s. 2. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 16, s. 2 - 08/12/2016
7.7 The Chief Prevention Officer may delegate, in writing, any of his or her powers or duties under subsections 7.1 (2) and 7.2 (2), sections 7.4 and 7.5, clause 7.6 (1) (b), subsections 7.6 (5) and (6), 7.6.1 (1) and 7.6.2 (1), sections 7.6.3 and 7.6.4 and subsection 7.6.5 (1) to any person, including any person outside the Ministry, subject to such limitations, restrictions, conditions and requirements as the Chief Prevention Officer may set out in the delegation. 2016, c. 37, Sched. 16, s. 3; 2019, c. 9, Sched. 10, s. 2. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 5 - 1/06/2011 2016, c. 37, Sched. 16, s. 3 - 08/12/2016 2019, c. 9, Sched. 10, s. 2 - 06/06/2019
10 (1) If a committee is required at a project, other than a project where fewer than fifty workers are regularly employed or that is expected to last less than three months, the committee shall establish a worker trades committee for the project. Committee membership (2) The members of a worker trades committee shall represent workers employed in each of the trades at the workplace. Selection of members (3) The members of a worker trades committee shall be selected by the workers employed in the trades the members are to represent or, if a trade union represents the workers, by the trade union. Function of worker trades committee (4) It is the function of a worker trades committee to inform the committee at the workplace of the health and safety concerns of the workers employed in the trades at the workplace. Entitlement to time from work (5) Subject to subsection (6), a member of a worker trades committee is entitled to such time from work as is necessary to attend meetings of the worker trades committee and the time so spent shall be deemed to be work time for which the member shall be paid by the employer at the member’s regular or premium rate as may be proper. Committee to determine maximum entitlement (6) The committee for a workplace shall determine the maximum amount of time for which members of a worker trades committee for the workplace are entitled to be paid under subsection (5) for each meeting of the worker trades committee.  R.S.O. 1990, c. O.1, s. 10.
11 (1) The constructor or employer at a workplace shall consult a health and safety representative or the committee with respect to proposed testing strategies for investigating industrial hygiene at the workplace. Information (2) The constructor or employer shall provide information to a health and safety representative or the committee concerning testing strategies to be used to investigate industrial hygiene at the workplace. Attendance at testing (3) A health and safety representative or a designated committee member representing workers at a workplace is entitled to be present at the beginning of testing conducted with respect to industrial hygiene at the workplace if the representative or member believes his or her presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid. Designation of member (4) The committee members representing workers shall designate one of them for the purpose of subsection (3).  R.S.O. 1990, c. O.1, s. 11.
12 (1) For workplaces to which the insurance plan established under the Workplace Safety and Insurance Act, 1997 applies, the Workplace Safety and Insurance Board, upon the request of an employer, a worker, committee, health and safety representative or trade union, shall send to the employer, and to the worker, committee, health and safety representative or trade union requesting the information an annual summary of data relating to the employer in respect of the number of work accident fatalities, the number of lost work day cases, the number of lost work days, the number of non-fatal cases that required medical aid without lost work days, the incidence of occupational illnesses, the number of occupational injuries, and such other data as the Board may consider necessary or advisable.  R.S.O. 1990, c. O.1, s. 12 (1); 1997, c. 16, s. 2 (4). Posting of copy of summary (2) Upon receipt of the annual summary, the employer shall cause a copy thereof to be posted in a conspicuous place or places at the workplace where it is most likely to come to the attention of the workers. Director to provide information (3) A Director shall, in accordance with the objects and purposes of this Act, ensure that persons and organizations concerned with the purposes of this Act are provided with information and advice pertaining to its administration and to the protection of the occupational health and occupational safety of workers generally.  R.S.O. 1990, c. O.1, s. 12 (2, 3). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (4) - 1/01/1998 13 Repealed:  1997, c. 16, s. 2 (5). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (5) - 1/01/1998 14 Repealed:  1997, c. 16, s. 2 (6). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (6) - 1/01/1998 15 Repealed:  1997, c. 16, s. 2 (7). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (7) - 1/01/1998 16 Repealed:  1997, c. 16, s. 2 (8). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (8) - 1/01/1998 17 Repealed:  1997, c. 16, s. 2 (9). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (9) - 1/01/1998 18 Repealed:  1997, c. 16, s. 2 (10). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (10) - 1/01/1998 19 Repealed:  1997, c. 16, s. 2 (10). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (10) - 1/01/1998
20 (1) Except with the consent of the Board, no member of the Board, nor its registrar, nor any of its other officers, nor any of its clerks or servants shall be required to give testimony in any civil proceeding or in any proceeding before the Board or in any proceeding before any other tribunal respecting information obtained in the discharge of their duties or while acting within the scope of their employment under this Act. Non-disclosure (2) No information or material furnished to or received by a labour relations officer under this Act shall be disclosed except to the Board or as authorized by the Board.  1998, c. 8, s. 51. Section Amendments with date in force (d/m/y) 1998, c. 8, s. 51 - 29/06/1998
21 (1) The Minister may appoint committees, which are not committees as defined in subsection 1 (1), or persons to assist or advise the Minister on any matter arising under this Act or to inquire into and report to the Minister on any matter that the Minister considers advisable.  R.S.O. 1990, c. O.1, s. 21 (1). Remuneration and expenses (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.  R.S.O. 1990, c. O.1, s. 21 (2); 2006, c. 35, Sched. C, s. 93 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 93 (2) - 20/08/2007
22 (1) The Workplace Safety and Insurance Board shall require Schedule 1 and Schedule 2 employers under the Workplace Safety and Insurance Act, 1997 to make payments to defray the cost of administering this Act and the regulations.  The Lieutenant Governor in Council may fix the total payment to be made by all employers for that purpose. Same (2) The Workplace Safety and Insurance Board shall remit the money collected from employers under this section to the Minister of Finance.  1997, c. 16, s. 2 (11). Section Amendments with date in force (d/m/y) 1997, c. 16, s. 2 (11) - 1/04/1997
22.1 (1) If a regulation under the Canada Labour Code incorporates by reference all or part of this Act or the regulations made under it, the Board and any person having powers under this Act may exercise any powers conferred by the regulation under the Canada Labour Code.  2011, c. 1, Sched. 7, s. 2 (1). Same (2) If a regulation under section 44 of the Nuclear Safety and Control Act (Canada) requires an employer to whom this Act applies to comply with all or part of this Act or the regulations made under it, the Board and any person having powers under this Act may exercise any powers conferred by the regulation under the Nuclear Safety and Control Act (Canada).  2011, c. 1, Sched. 7, s. 2 (1). Section Amendments with date in force (d/m/y) 1998, c. 8, s. 52 - 29/06/1998 2011, c. 1, Sched. 7, s. 2 (1) - 30/03/2011 Part II.1   Prevention Council, Chief Prevention Officer and designated entities Prevention Council
22.2 (1) The Minister shall establish a council to be known as the Prevention Council in English and Conseil de la prévention in French.  2011, c. 11, s. 8 (1). Composition (2) The Council shall be composed of such members as the Minister may appoint, and shall include representatives from each of the following groups: 1.  Trade unions and provincial labour organizations. 2.  Employers. 3.  Non-unionized workers, the Workplace Safety and Insurance Board and persons with occupational health and safety expertise.  2011, c. 11, s. 8 (1). Same (3) In appointing members of the Council, the Minister shall ensure that, (a)  an equal number of members are appointed to represent the groups described in paragraphs 1 and 2 of subsection (2); and (b)  the group described in paragraph 3 of subsection (2) is represented by not more than one-third of the members of the Council.  2011, c. 11, s. 8 (1). Appointment of members (4) The members of the Council shall be appointed for such term as may be determined by the Minister.  2011, c. 11, s. 8 (1). Chair (5) The members of the Council shall choose a chair from among themselves by the date fixed by the Minister; if they fail to do so, the Minister shall designate a member as chair.  2011, c. 11, s. 8 (1). Same (6) Subsection (5) applies on the first appointment of members and thereafter whenever the office of chair is vacant.  2011, c. 11, s. 8 (1). Functions (7) The Council shall, (a)  provide advice to the Minister on the appointment of a Chief Prevention Officer; (b)  provide advice to the Chief Prevention Officer, (i)  on the prevention of workplace injuries and occupational diseases, (ii)  for the purposes of the provincial occupational health and safety strategy and the annual report under section 22.3, and (iii)  on any significant proposed changes to the funding and delivery of services for the prevention of workplace injuries and occupational diseases; (c)  provide advice on any other matter specified by the Minister; and (d)  perform such other functions as may be specified by the Minister.  2011, c. 11, s. 8 (1). Advice (8) For the purposes of subsection (7), any advice provided by the Council shall be communicated by the chair of the Council.  2011, c. 11, s. 8 (1). Remuneration and expenses (9) Any member of the Council 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.  2011, c. 11, s. 8 (1). Section Amendments with date in force (d/m/y) 2011, c. 11, s. 8 (1) - 1/06/2011 Chief Prevention Officer Chief Prevention Officer
22.4 (1) If the Minister is considering a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases, the Minister shall determine whether the proposed change would be a significant change.  2011, c. 11, s. 8 (1). If proposed change significant (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.  2011, c. 11, s. 8 (1). If Chief Prevention Officer advising on change (3) If the Chief Prevention Officer is considering providing advice to the Minister concerning a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases, the Chief Prevention Officer shall determine whether the proposed change would be a significant change.  2011, c. 11, s. 8 (1). Prevention Council endorsement (4) If the Minister asks the Chief Prevention Officer for advice under subsection (2) or if the Chief Prevention Officer determines under subsection (3) that a proposed change would be a significant change, the Chief Prevention Officer shall, (a)  ask the chair of the Prevention Council to state whether the Council endorses the proposed change; and (b)  include that statement in the advice to the Minister.  2011, c. 11, s. 8 (1). Matters to consider in determining if change is significant (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.  2011, c. 11, s. 8 (1). Regulation (6) On the recommendation of the Minister, the Lieutenant Governor in Council may make regulations prescribing matters to be considered 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.  2011, c. 11, s. 8 (1). Same (7) Before recommending to the Lieutenant Governor in Council that a regulation be made under subsection (6), the Minister shall seek the advice of the Chief Prevention Officer and require the Chief Prevention Officer to seek the advice of the Prevention Council with respect to the matters to be prescribed.  2011, c. 11, s. 8 (1). Section Amendments with date in force (d/m/y) 2011, c. 11, s. 8 (1) - 1/06/2011 Designated Entities
22.5 (1) An entity that is designated under this section is eligible for a grant from the Ministry.  2011, c. 11, s. 8 (2). Designation by Minister (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.  2011, c. 11, s. 8 (2). Standards (3) The Minister may establish standards that an entity shall meet before it is eligible to be designated.  2011, c. 11, s. 8 (2). Same (4) The standards established under subsection (3) may address any matter the Minister considers appropriate, including governance, objectives, functions and operations.  2011, c. 11, s. 8 (2). Same (5) The Minister may establish different standards for associations, clinics or centres serving different industries or groups.  2011, c. 11, s. 8 (2). Duty to comply (6) A designated entity shall operate in accordance with the standards established under subsection (3) that apply to it, and in accordance with any other requirements imposed on it under section 22.6.  2011, c. 11, s. 8 (2). Amendment of standard (7) The Minister may amend a standard established under subsection (3).  2011, c. 11, s. 8 (2). Date for compliance with amended standard (8) If the Minister amends a standard established under subsection (3), the Minister shall establish a date by which designated entities to which the amended standard applies are required to comply with it.  2011, c. 11, s. 8 (2). Publication of standards (9) The Minister shall promptly publish, (a)  the standards established under subsection (3); and (b)  standards amended under subsection (7), together with the compliance date described in subsection (8).  2011, c. 11, s. 8 (2). Transition (10) When the Minister establishes and publishes standards under subsections (3) and (9) for the first time after the coming into force of subsection 8 (2) of the Occupational Health and Safety Statute Law Amendment Act, 2011, the Minister shall establish a date for the purposes of subsections (11) and (12) and shall publish it together with the standards.  2011, c. 11, s. 8 (2). Same (11) An entity that is designated as a safe workplace association or as a medical clinic or training centre specializing in occupational health and safety matters under section 6 of the Workplace Safety and Insurance Act, 1997 on the date section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force is deemed to be designated for the purposes of this Act until the date established by the Minister under subsection (10).  2011, c. 11, s. 8 (2). Same (12) The standards that are in place under section 6 of the Workplace Safety and Insurance Act, 1997
on the date section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force continue to apply, with necessary modifications, and are deemed to be standards for the purposes of this section, until the date established by the Minister under subsection (10).  2011, c. 11, s. 8 (2). Section Amendments with date in force (d/m/y) 2011, c. 11, s. 8 (2) - 1/04/2012 Effect of designation
22.6 (1) The Minister may direct a designated entity to take such actions as the Minister considers appropriate.  2011, c. 11, s. 8 (2). Government directives (2) In addition to the directions the Minister may issue under subsection (1), the Minister may direct an entity to comply with such government directives as the Minister specifies.  2011, c. 11, s. 8 (2). Failure to comply (3) If an entity has committed any failure described in paragraphs 1 to 3 of subsection 22.7 (3), the Minister may, (a)  reduce or suspend grants to the entity while the non-compliance continues; (b)  assume control of the entity and responsibility for its affairs and operations; (c)  revoke the designation and cease to provide grants to the entity; or (d)  take such other steps as he or she considers appropriate.  2011, c. 11, s. 8 (2). Section Amendments with date in force (d/m/y) 2011, c. 11, s. 8 (2) - 01/04/2012
22.7 (1) The Chief Prevention Officer shall monitor the operation of designated entities and, (a)  may require a designated entity to provide such information, records or accounts as the Chief Prevention Officer specifies; and (b)  may make such inquiries and examinations as he or she considers necessary.  2011, c. 11, s. 8 (2). Report to Minister (2) The Chief Prevention Officer shall report to the Minister on the compliance of designated entities with the standards established under section 22.5 and with any directions given by the Minister under section 22.6.  2011, c. 11, s. 8 (2). Advice to Minister (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.  A designated entity has failed to operate in accordance with a standard established under section 22.5 that applies to it. 2.  A designated entity has failed to comply with a direction given by the Minister under section 22.6 or a requirement of the Chief Prevention Officer under clause (1) (a). 3.  A designated entity has failed to co-operate in an inquiry or examination conducted by the Chief Prevention Officer under clause (1) (b).  2011, c. 11, s. 8 (2). Section Amendments with date in force (d/m/y) 2011, c. 11, s. 8 (2) - 1/04/2012
22.8 (1) For the purposes of assuming control of an entity and responsibility for its affairs and operations under clause 22.6 (3) (b), the Minister may appoint an administrator.  2011, c. 11, s. 8 (2). Term of appointment (2) The appointment of the administrator remains valid until it is terminated by the Minister.  2011, c. 11, s. 8 (2). Powers and duties of administrator (3) The administrator has the exclusive right to exercise the powers and perform the duties of the board of directors and its officers and exercise the powers of its members.  2011, c. 11, s. 8 (2). Same (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.  2011, c. 11, s. 8 (2). Additional power of administrator (5) The board of directors and officers may continue to act to the extent authorized by the Minister, but any such act is valid only if approved, in writing, by the administrator.  2011, c. 11, s. 8 (2). Report, directions (6) The administrator shall report to the Minister as required by him or her and shall carry out his or her directions.  2011, c. 11, s. 8 (2). Meeting of members (7) Before the termination of an administrator’s appointment, the administrator may call a meeting of the members to elect a board of directors in accordance with the Not-For-Profit Corporations Act, 2010.  2011, c. 11, s. 8 (2, 3). Unincorporated entity (8) This section applies, with necessary modifications, to an entity that is not incorporated.  2011, c. 11, s. 8 (2). Section Amendments with date in force (d/m/y) 2011, c. 11, s. 8 (2) - 1/04/2012; 2011, c. 11, s. 8 (3) - 19/10/2021
22.9 Despite section 5, the Minister may delegate his or her powers or duties under sections 22.5, 22.6 and 22.8 only to the Chief Prevention Officer.  2011, c. 11, s. 8 (2). Section Amendments with date in force (d/m/y) 2011, c. 11, s. 8 (2) - 1/04/2012 PART III   DUTIES OF EMPLOYERS AND OTHER PERSONS
23 (1) A constructor shall ensure, on a project undertaken by the constructor that, (a)  the measures and procedures prescribed by this Act and the regulations are carried out on the project; (b)  every employer and every worker performing work on the project complies with this Act and the regulations; and (c)  the health and safety of workers on the project is protected. Notice of project (2) Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed.  R.S.O. 1990, c. O.1, s. 23.
24 (1) A licensee shall ensure that, (a)  the measures and procedures prescribed by this Act and the regulations are carried out with respect to logging in the licensed area; (b)  every employer performing logging in the licensed area for the licensee complies with this Act and the regulations; and (c)  the health and safety of workers employed by employers referred to in clause (b) is protected.  R.S.O. 1990, c. O.1, s. 24 (1). Definition (2) In this section, “licensed area” means the lands on which the licensee is authorized to harvest or use forest resources.  R.S.O. 1990, c. O.1, s. 24 (2); 1994, c. 25, s. 83 (2). Section Amendments with date in force (d/m/y) 1994, c. 25, s. 83 (2) - 1/04/1995
25.1 (1) An employer shall not require a worker to wear footwear with an elevated heel unless it is required for the worker to perform his or her work safely. 2017, c. 22, Sched. 3, s. 1. Exception (2) Subsection (1) does not apply with respect to an employer of a worker who works as a performer in the entertainment and advertising industry. 2017, c. 22, Sched. 3, s. 1. Definitions (3) In subsection (2), “entertainment and advertising industry” means the industry of producing, (a)  live or broadcast performances, or (b)  visual, audio or audio-visual recordings of performances, in any medium or format; (“industrie du spectacle et de la publicité”) “performance” means a performance of any kind, including theatre, dance, ice skating, comedy, musical productions, variety, circus, concerts, opera, modelling and voice-overs, and “performer” has a corresponding meaning. (“représentation”, “artiste”, “interprète”) 2017, c. 22, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 3, s. 1 - 27/11/2017
25.2 (1) Where an employer becomes aware, or ought reasonably to be aware, that there may be a risk of a worker having an opioid overdose at a workplace where that worker performs work for the employer, or where the prescribed circumstances exist, the employer shall, (a)  provide and maintain in good condition a naloxone kit in that workplace; and (b)  comply with any other prescribed requirements respecting the provision and maintenance of naloxone kits and the training referred to in subsection (3). 2022, c. 7, Sched. 4, s. 1. Location of kit (2) The employer shall ensure that, at any time there are workers in the workplace, the naloxone kit is in the charge of a worker who works in the vicinity of the kit and who has received the training described in subsection (3). 2022, c. 7, Sched. 4, s. 1. Training (3) The training shall include training to recognize an opioid overdose, to administer naloxone and to acquaint the worker with any hazards related to the administration of naloxone, and shall meet such other requirements as may be prescribed. 2022, c. 7, Sched. 4, s. 1. Limit on disclosure (4) No employer shall disclose to any person more personal information than is reasonably necessary to comply with this section. 2022, c. 7, Sched. 4, s. 1. Employer duties (5) For greater certainty, the employer duties set out in section 25 apply, as appropriate, with respect to the administration of naloxone in the workplace. 2022, c. 7, Sched. 4, s. 1. Definition (6) In this section, “naloxone kit” means a kit that includes the prescribed contents. 2022, c. 7, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 7, Sched. 4, s. 1 - 01/06/2023
26 (1) In addition to the duties imposed by section 25, an employer shall, (a)  establish an occupational health service for workers as prescribed; (b)  where an occupational health service is established as prescribed, maintain the same according to the standards prescribed; (c)  keep and maintain accurate records of the handling, storage, use and disposal of biological, chemical or physical agents as prescribed; (d)  accurately keep and maintain and make available to the worker affected such records of the exposure of a worker to biological, chemical or physical agents as may be prescribed; (e)  notify a Director of the use or introduction into a workplace of such biological, chemical or physical agents as may be prescribed; (f)  monitor at such time or times or at such interval or intervals the levels of biological, chemical or physical agents in a workplace and keep and post accurate records thereof as prescribed; (g)  comply with a standard limiting the exposure of a worker to biological, chemical or physical agents as prescribed; (h)  establish a medical surveillance program for the benefit of workers as prescribed; (i)  provide for safety-related medical examinations and tests for workers as prescribed; (j)  where so prescribed, only permit a worker to work or be in a workplace who has undergone such medical examinations, tests or x-rays as prescribed and who is found to be physically fit to do the work in the workplace; (k)  where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for the protection of a worker; and (l)  carry out such training programs for workers, supervisors and committee members as may be prescribed. Idem (2) For the purposes of clause (1) (a), a group of employers, with the approval of a Director, may act as an employer.  R.S.O. 1990, c. O.1, s. 26 (1, 2). Idem (3) If a worker participates in a prescribed medical surveillance program or undergoes prescribed medical examinations or tests, his or her employer shall pay, (a)  the worker’s costs for medical examinations or tests required by the medical surveillance program or required by regulation; (b)  the worker’s reasonable travel costs respecting the examinations or tests; and (c)  the time the worker spends to undergo the examinations or tests, including travel time, which shall be deemed to be work time for which the worker shall be paid at his or her regular or premium rate as may be proper.  R.S.O. 1990, c. O.1, s. 26 (3); 1994, c. 27, s. 120 (3). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 120 (3) - 9/12/1994
27 (1) A supervisor shall ensure that a worker, (a)  works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and (b)  uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn. Additional duties of supervisor (2) Without limiting the duty imposed by subsection (1), a supervisor shall, (a)  advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware; (b)  where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and (c)  take every precaution reasonable in the circumstances for the protection of a worker.  R.S.O. 1990, c. O.1, s. 27.
28 (1) A worker shall, (a)  work in compliance with the provisions of this Act and the regulations; (b)  use or wear the equipment, protective devices or clothing that the worker’s employer requires to be used or worn; (c)  report to his or her employer or supervisor the absence of or defect in any equipment or protective device of which the worker is aware and which may endanger himself, herself or another worker; and (d)  report to his or her employer or supervisor any contravention of this Act or the regulations or the existence of any hazard of which he or she knows. Idem (2) No worker shall, (a)  remove or make ineffective any protective device required by the regulations or by his or her employer, without providing an adequate temporary protective device and when the need for removing or making ineffective the protective device has ceased, the protective device shall be replaced immediately; (b)  use or operate any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any other worker; or (c)  engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct. Consent to medical surveillance (3) A worker is not required to participate in a prescribed medical surveillance program unless the worker consents to do so.  R.S.O. 1990, c. O.1, s. 28.
29 (1) The owner of a workplace that is not a project shall, (a)  ensure that, (i)  such facilities as are prescribed are provided, (ii)  any facilities prescribed to be provided are maintained as prescribed, (iii)  the workplace complies with the regulations, and (iv)  no workplace is constructed, developed, reconstructed, altered or added to except in compliance with this Act and the regulations; and (b)  where so prescribed, furnish to a Director any drawings, plans or specifications of any workplace as prescribed. R.S.O. 1990, c. O.1, s. 29 (1). Mine plans (2) The owner of a mine shall cause drawings, plans or specifications to be maintained and kept up to date not more than six months last past on such scale and showing such matters or things as may be prescribed. R.S.O. 1990, c. O.1, s. 29 (2). Plans of workplaces (3) Where so prescribed, an owner or employer shall, (a)  not begin any construction, development, reconstruction, alteration, addition or installation to or in a workplace until the drawings, layout and specifications thereof and any alterations thereto have been filed with the Ministry for review by a professional engineer of the Ministry for compliance with this Act and the regulations; and (b)  keep a copy of the drawings as reviewed in a convenient location at or near the workplace and such drawings shall be produced by the owner or employer upon the request of an inspector for his or her examination and inspection. R.S.O. 1990, c. O.1, s. 29 (3); 2021, c. 34, Sched. 15, s. 5. Additional information (4) A professional engineer of the Ministry may require the drawings, layout and specifications to be supplemented by the owner or employer with additional information. R.S.O. 1990, c. O.1, s. 29 (4); 2021, c. 34, Sched. 15, s. 5. Fees (5) Fees as prescribed for the filing and review of drawings, layout or specifications shall become due and payable by the owner or employer upon filing.  R.S.O. 1990, c. O.1, s. 29 (5). Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 15, s. 5 - 01/07/2022
29.1 (1) Subject to subsection (2), the owner of a workplace shall ensure that access to a washroom is provided, on request, to a worker who is present at the workplace to deliver anything to the workplace, or to collect anything from the workplace for delivery elsewhere. 2021, c. 35, Sched. 5, s. 1. Exceptions (2) Access to a washroom at a workplace is not required under subsection (1), (a)  if providing access would not be reasonable or practical for reasons relating to the health or safety of any person at the workplace, including the worker who requests to use a washroom; (b)  if providing access would not be reasonable or practical having regard to all the circumstances, including, but not limited to, the nature of the workplace, the type of work at the workplace, the conditions of work at the workplace, the security of any person at the workplace and the location of the washroom within the workplace; or (c)  if the washroom is in, or can only be accessed through, a dwelling. 2021, c. 35, Sched. 5, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 5, s. 1 - 01/03/2022
30 (1) Before beginning a project, the owner shall determine whether any designated substances are present at the project site and shall prepare a list of all designated substances that are present at the site. Tenders (2) If any work on a project is tendered, the person issuing the tenders shall include, as part of the tendering information, a copy of the list referred to in subsection (1). Idem (3) An owner shall ensure that a prospective constructor of a project on the owner’s property has received a copy of the list referred to in subsection (1) before entering into a binding contract with the constructor. Duty of constructors (4) The constructor for a project shall ensure that each prospective contractor and subcontractor for the project has received a copy of the list referred to in subsection (1) before the prospective contractor or subcontractor enters into a binding contract for the supply of work on the project. Liability (5) An owner who fails to comply with this section is liable to the constructor and every contractor and subcontractor who suffers any loss or damages as the result of the subsequent discovery on the project of a designated substance that the owner ought reasonably to have known of but that was not on the list prepared under subsection (1). Idem (6) A constructor who fails to comply with this section is liable to every contractor and subcontractor who suffers any loss or damages as the result of the subsequent discovery on the project of a designated substance that was on the list prepared under subsection (1).  R.S.O. 1990, c. O.1, s. 30.
31 (1) Every person who supplies any machine, device, tool or equipment under any rental, leasing or similar arrangement for use in or about a workplace shall ensure, (a)  that the machine, device, tool or equipment is in good condition; (b)  that the machine, device, tool or equipment complies with this Act and the regulations; and (c)  if it is the person’s responsibility under the rental, leasing or similar arrangement to do so, that the machine, device, tool or equipment is maintained in good condition. R.S.O. 1990, c. O.1, s. 31 (1). Architects and engineers (2) An architect, as defined in the Architects Act, or an engineer contravenes this Act if, as a result of the architect’s or engineer’s advice that is given or the architect’s or engineer’s certification required under this Act that is made negligently or incompetently, a worker is endangered. 2021, c. 34, Sched. 15, s. 6. Same (3) For greater certainty, a contravention described in subsection (2) continues for each day or part of a day that a worker is endangered. 2021, c. 34, Sched. 15, s. 6. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 15, s. 6 - 01/07/2022
32 Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with, (a)  this Act and the regulations; (b)  orders and requirements of inspectors and Directors; and (c)  orders of the Minister.  R.S.O. 1990, c. O.1, s. 32. part iii.0.1   violence and Harassment