Ontario workers have three basic health and safety rights: the right to know about workplace hazards, the right to participate in health and safety, and the right to refuse unsafe work.
These rights come from Ontario’s Occupational Health and Safety Act (OHSA), the provincial law that requires employers to protect workers from health and safety hazards on the job.
Your employer must take reasonable precautions to keep you safe, provide the information and training you need, address workplace hazards and follow Ontario’s rules for workplace violence and harassment. You also can’t be fired, disciplined or punished for properly exercising your OHSA rights.
On This Page:
- 1. What Is the OHSA?
- 2. Your Three Basic Rights
- 3. Employer and Worker Responsibilities
- 4. Refusing Unsafe Work
- 5. Harassment and Workplace Violence
- 6. Complaints and Reprisals
- 7. Frequently Asked Questions
What Is the Occupational Health and Safety Act in Ontario?
The Occupational Health and Safety Act is Ontario’s main workplace health and safety law.
Its purpose is straightforward: to prevent workers from being injured or becoming ill because of hazards at work.
The OHSA sets rules for:
- Workplace hazards
- Safety equipment and protective devices
- Worker training and supervision
- Hazardous substances
- Workplace violence
- Workplace harassment
- Health and safety representatives and committees
- Refusing unsafe work
- Protection from employer retaliation
Almost every workplace in Ontario is covered by the OHSA. Specific industries can also have additional safety regulations that apply to their work.
Is the OHSA the same as the Employment Standards Act?
No. They protect different workplace rights.
- OHSA: Workplace health, safety, violence and harassment
- Employment Standards Act: Wages, overtime, vacation, leaves, termination and other minimum employment standards
- Ontario Human Rights Code: Discrimination, accommodation and harassment connected to protected personal characteristics
These laws can overlap. A workplace problem can involve more than one at the same time.
Your Three Basic Rights Under the OHSA
1. The right to know
You have the right to know about hazards that can affect your health or safety.
Your employer must provide appropriate information, instruction and supervision so you understand the risks involved in your work and how to perform it safely.
That can include information about:
- Dangerous equipment
- Hazardous chemicals or materials
- Required protective equipment
- Safe work procedures
- Workplace violence risks
2. The right to participate
Workers have the right to participate in keeping their workplace safe.
Depending on the workplace, that can include raising concerns with a supervisor, speaking with a health and safety representative or participating through a joint health and safety committee.
3. The right to refuse unsafe work
You can refuse work when you reasonably believe it presents a danger covered by the OHSA.
There is a specific process that must be followed, and some workers have limits on when they can refuse because of the nature of their jobs.
See our complete guide to refusing unsafe work in Ontario.
What Are Your Employer’s Responsibilities Under the OHSA?
Your employer is responsible for taking reasonable precautions to protect workers.
Important employer duties include:
- Providing information, instruction and supervision needed to work safely
- Maintaining required equipment, materials and protective devices
- Making sure required safety equipment is used
- Telling workers about hazards they need to know about
- Appointing competent supervisors where required
- Following the OHSA and regulations that apply to the workplace
- Taking every precaution reasonable in the circumstances to protect workers
The exact safety measures required depend on the workplace and the hazards involved.
Do workers also have safety responsibilities?
Yes. Health and safety is not only the employer’s responsibility.
Workers must:
- Follow applicable health and safety rules
- Use required protective equipment
- Report known hazards to the employer or supervisor
- Report missing or defective safety equipment
- Avoid conduct that puts themselves or others at risk
If you see a serious workplace hazard, report it. Don’t assume someone else will deal with it.
Does my workplace need a health and safety representative or committee?
In most Ontario workplaces with 6 to 19 workers, a health and safety representative is required.
Most workplaces with 20 or more workers require a joint health and safety committee.
These representatives and committees help identify hazards, raise safety concerns and make recommendations to the employer.
Can You Refuse Unsafe Work in Ontario?
Yes. The OHSA gives workers a legal right to refuse certain unsafe work.
A refusal can arise when you reasonably believe, for example, that:
- Equipment or machinery is dangerous
- The physical condition of the workplace creates a danger
- Required safety rules are not being followed and the situation is dangerous
- Workplace violence is likely to endanger you
If you refuse work, tell your employer or supervisor why you believe the work is unsafe. The employer must investigate the refusal in accordance with the OHSA process.
If the issue remains unresolved, a Ministry of Labour health and safety inspector can become involved.
Can everyone refuse unsafe work?
Most workers have the right to refuse unsafe work, but Ontario places limits on the right for certain workers whose jobs inherently involve danger or whose refusal could directly endanger another person.
This can affect some workers in health care, policing, firefighting and correctional services.
Does the OHSA Cover Workplace Harassment and Violence?
Yes. The OHSA contains specific protections addressing workplace harassment and workplace violence.
Employers must have policies and programs for dealing with these issues and must ensure that workplace harassment complaints and incidents are investigated appropriately.
Workplace harassment
Workplace harassment can include repeated unwelcome comments or conduct, including behaviour that happens virtually through workplace communications.
Sexual harassment is also specifically included in Ontario’s workplace harassment protections.
After a workplace harassment investigation, the worker who complained and the alleged harasser, where that person is a worker, must be told in writing about the results and any corrective action that has been or will be taken.
See our guides to workplace harassment in Ontario and sexual harassment at work.
Workplace violence
The OHSA also requires employers to assess workplace violence risks and establish measures and procedures to control those risks.
Workplace violence can include physical force, attempted physical force and threats that a worker can reasonably interpret as a threat to use physical force.
What Can You Do if Your Employer Isn’t Following the OHSA?
Start by reporting the health and safety concern to your employer or supervisor.
You can also raise it with your health and safety representative or joint health and safety committee, if your workplace has one.
If the problem isn’t addressed, you can make a workplace health and safety complaint to Ontario’s Ministry of Labour, Immigration, Training and Skills Development.
Ministry health and safety inspectors have powers to inspect workplaces, investigate concerns and issue orders requiring employers to comply with the law.
Can your employer punish you for making a safety complaint?
No. The OHSA prohibits employers from retaliating against workers for obeying health and safety law or exercising OHSA rights.
Your employer can’t punish you for:
- Reporting a workplace hazard
- Raising an OHSA concern
- Participating in a health and safety process
- Giving evidence about a health and safety issue
- Properly refusing unsafe work
Firing, threatening, disciplining, suspending, intimidating or otherwise penalizing a worker because they exercised an OHSA right can amount to an illegal reprisal.
See our guide to workplace retaliation in Ontario.
Occupational Health and Safety Act Ontario: Frequently Asked Questions
What are the three basic rights under the OHSA?
Ontario workers have three basic occupational health and safety rights: the right to know, the right to participate and the right to refuse unsafe work.
Does the OHSA apply to office workers?
Yes. The OHSA is not limited to factories, construction sites or other visibly dangerous workplaces. Almost every workplace in Ontario is covered.
Can my employer make me work somewhere unsafe?
Your employer has a legal duty to take reasonable precautions to protect workers. If you reasonably believe work is unsafe, the OHSA provides a formal work-refusal process in qualifying situations.
Does the OHSA cover stress or mental health?
The OHSA specifically regulates workplace violence and harassment, both of which can affect psychological health. Not every stressful or difficult workplace situation is an OHSA violation.
Does the OHSA cover workplace bullying?
Bullying behaviour can fall within the OHSA definition of workplace harassment. Ontario law uses the term “workplace harassment” rather than creating a separate legal category called workplace bullying.
Can I be fired for refusing unsafe work?
Your employer can’t fire or punish you because you properly exercised an OHSA right. Follow the required work-refusal process and get advice if you experience retaliation afterward.
Who enforces the OHSA?
Ontario’s Ministry of Labour, Immigration, Training and Skills Development enforces the OHSA through occupational health and safety inspectors.
Is the OHSA the same as WSIB?
No. The OHSA focuses primarily on preventing workplace injuries and illnesses and enforcing safety obligations. Ontario’s workplace insurance system deals with benefits and compensation after qualifying work-related injuries or illnesses occur.
Get Help With an OHSA Workplace Issue
You shouldn’t have to choose between protecting your health and protecting your job.
If your employer is ignoring a serious safety concern, failing to address workplace harassment or punishing you because you exercised a health and safety right, the Ontario employment lawyers at Samfiru Tumarkin LLP can help you understand your options.
Get advice before resigning if the situation has become unbearable. Serious safety, harassment or retaliation issues can also affect your constructive dismissal and severance pay rights.
The process doesn’t need to be overwhelming. Start by identifying the hazard or workplace issue, putting your concern on the record and understanding which legal protection applies.
Further Reading
- Right to Refuse Unsafe Work Ontario
- Workplace Harassment Ontario
- Sexual Harassment at Work Ontario
- Workplace Retaliation Ontario
- Ontario Employment Standards Act
- Ontario Human Rights Code