Do I need a Joint Health and Safety Committee?
Under OHSA section 9(2)(a), a Joint Health and Safety Committee is required at any workplace where 20 or more workers are regularly employed. It is also required regardless of worker count if a designated-substances regulation applies (acrylonitrile, arsenic, asbestos, benzene, coke oven emissions, ethylene oxide, isocyanates, lead, mercury, silica, vinyl chloride) — except on construction projects with fewer than 20 workers, which are exempt under s. 9(2)(c). Below 20 workers but at 6 or more, OHSA section 8(1) instead requires a Health and Safety Representative selected by the workers. Workplaces with 5 or fewer regularly employed workers need neither, although the Internal Responsibility System still applies in full.
What's the threshold for fall protection in Ontario construction?
O. Reg. 213/91 section 26 requires fall protection whenever a worker may fall 3 metres (10 feet) or more, OR fall less than 3 metres into operating machinery, water or another liquid, a hazardous substance, or onto an exposed surface that could cause injury (such as exposed rebar). Wheelbarrow paths drop the threshold to 1.2 metres. Scaffold and platform perimeters require guardrails at 2.4 metres or more under s. 26.3(1). Section 26.1 sets a strict hierarchy: guardrails first, then travel restraint, fall-restricting systems, fall arrest, and safety nets last. Working at Heights training under O. Reg. 297/13 is mandatory for every construction worker who may use a fall protection system, with refresher every 3 years.
Are independent contractors covered by WSIB?
It depends on legal structure and industry. Sole proprietors and partners in non-construction industries are not automatically covered — they may elect optional personal coverage under WSIA section 12.2. In construction, however, sole proprietors and partners working on construction projects must carry WSIB coverage on themselves under the mandatory construction provisions of s. 12.2 (added by the Open for Business Act, in force 2013). Directors of an incorporated business are not automatically covered but can elect optional coverage. Subcontractors must hold their own WSIB clearance certificate — if a sub does not have valid coverage, the principal contractor inherits liability for the sub's premiums and any injury claim under WSIA s. 141. Always verify clearance before final payment through WSIB's e-Clearance system.
What is a Notice of Project?
A Notice of Project (NoP) is a notification filed with the Ministry of Labour, Immigration, Training and Skills Development before construction work begins. Under O. Reg. 213/91 section 6, it is required when the total cost of labour and materials exceeds $50,000, OR the project is expected to last more than 1 month, OR the work involves specific high-risk activities (excavation more than 1.2 metres deep, work over water, demolition of a structure more than 2 storeys high, asbestos removal). It is filed online through the Ministry's NoP portal and must be posted at the project before work starts. The constructor (general contractor) is responsible for filing. Failing to file when required is one of the most commonly issued OHSA orders on construction projects.
Do I need WHMIS training for my office staff?
Possibly, but at a reduced level. WHMIS training under OHSA section 42 and the WHMIS Regulation (O. Reg. 860) is required for any worker who works with or near a hazardous product. In a typical office, that includes cleaning chemicals, photocopier toner, certain markers and adhesives, and rechargeable battery inventory. Training must cover label content, SDS access, safe handling, and emergency response. The depth scales to actual exposure — administrative staff working only with office supplies generally need a short awareness module, while cleaning, maintenance, and lab staff need full WHMIS training. Refresher training is required at least every 3 years and whenever new products or processes are introduced. Records must be kept and available to a Ministry of Labour inspector.
What is the WSIB experience rating program?
Experience rating is WSIB's mechanism for adjusting an employer's premium up or down based on actual claim costs compared to the rate group average. Larger employers (annual premium above $25,000) fall under NEER (New Experimental Experience Rating); smaller employers fall under MAP (Merit Adjusted Premium). Both look at the past 3 years of claim costs charged to the account. Better-than-average performance produces a rebate that can reach -60% of the base rate; worse-than-average performance produces a surcharge that can reach +60%. As of the unified Rate Framework in 2020, the systems were folded into a single class-based rate-setting model with prospective adjustment for individual employers. The practical takeaway: every lost-time claim follows your account for years and directly raises your premium. Strong return-to-work programs and effective hazard prevention pay for themselves through experience-rating savings.
When must a critical injury be reported to the Ministry of Labour?
Under OHSA section 51 and Regulation 834, a critical injury must be reported to the Ministry of Labour, Immigration, Training and Skills Development immediately by direct means (telephone, in-person, or other immediate communication), and a written report must follow within 48 hours. A "critical injury" is defined in Regulation 834 as one that places life in jeopardy, produces unconsciousness, results in substantial loss of blood, involves the fracture of a leg or arm (but not a finger or toe), the amputation of a leg, arm, hand, or foot (but not a finger or toe), consists of burns to a major portion of the body, or causes the loss of sight in an eye. The scene must be preserved (s. 51(2)) until cleared by an inspector. The JHSC or H&S representative must also be notified, and a worker investigator from the JHSC has the right to participate in the investigation alongside the inspector.
Can a worker refuse unsafe work?
Yes. OHSA section 43 grants every worker the right to refuse work they have reason to believe is likely to endanger themselves or another worker. The procedure is specific: the worker reports the refusal to the supervisor, who investigates with a worker H&S representative or JHSC member present. If the refusal is not resolved, the worker continues to refuse and a Ministry of Labour inspector is called. The inspector decides whether the work is safe to perform. While the refusal is in process, the worker remains at the workplace (in a safe location) and is paid as if working. Section 50 prohibits any reprisal — termination, demotion, discipline, threat — against a worker for exercising their rights under the Act. Reprisal complaints go to the Ontario Labour Relations Board, which can order reinstatement and compensation. Police, firefighters, and certain other emergency workers have a more limited right to refuse under s. 43(2).