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Health & Safety Regulation in Canada: A Guide for HR Professionals and Businesses

By GetHR

2024/05/20

Ensuring the health and safety of employees is a critical responsibility for businesses across Canada. As a Human Resources professional or business leader, understanding and complying with health and safety regulations is essential to protect your workforce and avoid legal consequences. This blog post provides an overview of Canadian health and safety legislation and offers practical guidance on maintaining compliance.

Overview of Health & Safety Legislation in Canada

Federal Legislation

At the federal level, the Canada Labour Code governs health and safety standards for employees in federally regulated industries, such as banking, telecommunications, and interprovincial transportation. Key responsibilities include:

Providing a safe work environment.
Ensuring employees are trained to recognize and avoid hazards.
Complying with regulations set forth by the government.

The Canadian Centre for Occupational Health and Safety (CCOHS) offers resources and support to help businesses meet these requirements.

Provincial and Territorial Legislation:

Each province and territory in Canada has its own occupational health and safety (OHS) legislation. These laws outline specific requirements that businesses must follow to ensure workplace safety.

Summary of Provincial Health & Safety Legislation in Canada

Federal Legislation

Canada Labour Code: Governs health and safety standards for employees in federally regulated industries. It sets out the responsibilities of employers and employees regarding workplace health and safety, including provisions for accident prevention, workplace inspections, and the right to refuse unsafe work.

Overview of Provincial and Territorial Legislation

Alberta

Occupational Health and Safety Act: Establishes the framework for health and safety in the workplace, including the duties of employers, workers, and supervisors. It covers hazard assessment, control measures, and the establishment of health and safety committees.
Occupational Health and Safety Code: Provides detailed technical standards and rules for maintaining a safe workplace, covering specific hazards, equipment, and procedures.

British Columbia

Workers Compensation Act: Provides compensation for workers injured on the job and sets out the framework for occupational health and safety.
Occupational Health and Safety Regulation: Details specific requirements for maintaining workplace safety, including standards for equipment, training, and procedures for various industries.

Manitoba

Workplace Safety and Health Act: Defines the responsibilities of employers, supervisors, and workers to ensure safety in the workplace. It includes provisions for safety committees, inspections, and enforcement.
Workplace Safety and Health Regulation: Specifies detailed safety standards and practices, including hazard control, personal protective equipment (PPE), and emergency preparedness.

New Brunswick

Occupational Health and Safety Act: Outlines the general duties of employers, employees, and others to ensure workplace safety. It includes provisions for hazard identification, safety committees, and enforcement.
General Regulation: Provides detailed requirements for specific safety measures and practices, including equipment standards and procedures for various hazards.

Newfoundland and Labrador

Occupational Health and Safety Act: Establishes the duties of employers and employees to maintain a safe workplace, including the requirement to establish safety committees and report accidents.
Occupational Health and Safety Regulations: Provides specific rules and standards for workplace safety, including requirements for training, equipment, and procedures for different industries.

Nova Scotia

Occupational Health and Safety Act: Sets out the responsibilities of employers, employees, and others in the workplace to ensure safety. It includes provisions for hazard assessments, safety committees, and enforcement.
Occupational Safety General Regulations: Details specific safety standards and practices, including requirements for equipment, training, and emergency procedures.

Ontario

Occupational Health and Safety Act (OHSA): Defines the duties of employers, supervisors, and workers to ensure workplace safety. It includes provisions for inspections, safety committees, and the right to refuse unsafe work.
Regulations for Industrial Establishments: Specifies safety standards and procedures for industrial workplaces, including equipment, hazard control, and worker training.
Construction Projects Regulations: Provides detailed safety requirements for construction sites, including standards for equipment, fall protection, and site safety management.

Prince Edward Island

Occupational Health and Safety Act: Outlines the responsibilities of employers, workers, and others to ensure a safe workplace. It includes provisions for safety committees, reporting accidents, and enforcement.
General Regulations: Specifies detailed safety standards and procedures, including requirements for equipment, training, and hazard control.

Quebec

Act Respecting Occupational Health and Safety (AOHS): Establishes the responsibilities of employers and workers to prevent workplace accidents and diseases. It includes provisions for safety committees, training, and enforcement.
Safety Code for the Construction Industry: Provides specific safety requirements for construction sites, including standards for equipment, fall protection, and site safety management.
Regulation Respecting Occupational Health and Safety: Details general safety standards and practices for all workplaces, including requirements for hazard control, equipment, and training.

Saskatchewan

The Saskatchewan Employment Act: Combines several employment laws, including occupational health and safety. It outlines the duties of employers, supervisors, and workers to ensure workplace safety.
The Occupational Health and Safety Regulations: Provides detailed safety standards and procedures, including requirements for hazard control, PPE, and emergency preparedness.

Northwest Territories

Safety Act: Establishes the framework for workplace safety, including the duties of employers and employees. It covers hazard assessments, safety committees, and enforcement.
Occupational Health and Safety Regulations: Provides specific requirements for maintaining workplace safety, including standards for equipment, training, and procedures for various industries.

Nunavut

Safety Act: Similar to the Northwest Territories, it establishes the duties of employers and workers to ensure workplace safety. It includes provisions for hazard assessments and safety committees.
Occupational Health and Safety Regulations: Details specific safety standards and practices, including requirements for equipment, training, and emergency procedures.

Yukon

Occupational Health and Safety Act: Defines the responsibilities of employers, workers, and others to maintain a safe workplace. It includes provisions for hazard assessments, safety committees, and enforcement.
Occupational Health and Safety Regulations: Provides detailed requirements for specific safety measures and practices, including equipment standards and procedures for various hazards.

Key Components of Health & Safety Legislation

While each province has its own Occupational Health & Safety legislation they are similar, and generally the following is required to maintain Health & Safety compliance in Canada.

Employer Responsibilities

Employers must:

Create and maintain a safe work environment.
Provide appropriate training and equipment.
Regularly inspect the workplace for hazards.
Develop and implement safety policies and procedures.

Employee Rights and Responsibilities

Employees have the right to:

Work in a safe environment.
Receive proper training and information about hazards.
Report unsafe conditions without fear of retaliation.
Refuse unsafe work.

Joint Health and Safety Committees (JHSC)

Many workplaces are required to establish JHSCs to:

Identify and evaluate workplace hazards.
Recommend corrective actions.
Promote health and safety awareness among workers.

Guide for Maintaining Compliance

Step 1: Understand the Regulations

Familiarize yourself with the relevant federal, provincial, and territorial health and safety legislation that applies to your business.

Step 2: Develop a Health & Safety Policy

Create a comprehensive health and safety policy that outlines your commitment to maintaining a safe workplace. Ensure it covers:

Risk assessment and hazard identification.
Procedures for reporting and addressing hazards.
Emergency preparedness and response plans.

Step 3: Conduct Regular Training

Provide ongoing training for employees on health and safety practices, including:

Recognizing and avoiding hazards.
Proper use of personal protective equipment (PPE).
Emergency procedures and first aid.

Step 4: Perform Routine Inspections

Regularly inspect the workplace to identify potential hazards and ensure compliance with safety regulations. Document findings and take corrective actions as needed.

Step 5: Establish a Joint Health and Safety Committee

If required, set up a JHSC to facilitate collaboration between management and workers on health and safety issues. Ensure the committee meets regularly and addresses any concerns promptly.

Step 6: Monitor and Review

Continuously monitor your health and safety practices and review your policies periodically to ensure they remain effective and up-to-date.

Penalties for Non-Compliance

Failing to comply with health and safety regulations can result in severe consequences for businesses. Penalties for non-compliance vary depending on the jurisdiction and the severity of the violation.

Financial Penalties

Fines: Companies can face substantial fines for failing to meet health and safety standards. These fines can range from thousands to millions of dollars, depending on the nature and extent of the violation.
Compensation: Businesses may be required to compensate workers for injuries, illnesses, or damages resulting from unsafe working conditions.

Legal Consequences

Prosecutions: Serious breaches of health and safety regulations can lead to legal action against the company and its officers. This can include criminal charges for negligence or failure to comply with statutory duties.
Injunctions: Courts may issue injunctions to compel businesses to take specific actions to rectify health and safety violations.

Operational Impacts

Stop-Work Orders: Regulatory authorities can issue stop-work orders, halting business operations until safety issues are addressed. This can lead to significant disruptions and financial losses.
Reputational Damage: Non-compliance can damage a company's reputation, leading to a loss of trust among employees, customers, and stakeholders.

Imprisonment

In extreme cases, individuals responsible for severe health and safety violations may face imprisonment, especially if their actions or negligence lead to fatalities or serious injuries.