What Are the Three Basic Rights Granted to Workers Under the OHSA?

The Occupational Health and Safety Act (OHSA) is the cornerstone of workplace safety in Ontario. It protects workers from hazards and risks by establishing clear standards and guidelines that promote safe, healthy work environments across all industries. Central to its framework are three fundamental rights granted to workers: the right to know about workplace hazards, the right to participate in health and safety discussions, and the right to refuse unsafe work. These rights empower workers and foster a culture of safety and accountability in Ontario workplaces.

Understanding Ontario’s Occupational Health and Safety Act (OHSA)

The OHSA outlines the roles, responsibilities, and rights of employers and workers to ensure workplace safety. It mandates proactive safety measures, incident reporting mechanisms, and hazard management protocols to prevent workplace injuries and illnesses while encouraging collaboration between employers and workers.

Purpose of the OHSA

The primary goal of the OHSA is to protect workers by minimizing workplace hazards and promoting shared accountability through the Internal Responsibility System (IRS). Employers are legally required to implement safety policies, provide training, and establish systems for reporting incidents. Workers are encouraged to identify and report safety concerns, reinforcing a proactive safety culture.

Scope of the OHSA

The OHSA applies to most provincially regulated workplaces in Ontario, including private industries and public sector organizations. It does not apply to federally regulated workplaces, which fall under the Canada Labour Code. The OHSA sets universal standards for occupational health and safety, emphasizing hazard identification, compliance, and enforcement.

The Three Basic Rights of Workers Under the OHSA

1. The Right to Know

Workers have the right to know about potential hazards in their workplace and the measures in place to address them. Employers must provide:

• Access to safety data sheets, product labels, and incident reports.
• Comprehensive safety training covering hazard identification, emergency procedures, and risk mitigation strategies.

Informed workers can identify hazards, make safer decisions, and contribute to a secure work environment.

2. The Right to Participate

The right to participate allows workers to be actively involved in workplace health and safety. This includes:

• Participating in joint health and safety committees (JHSCs) or as Health and Safety Representatives (HSRs) where required.
• Contributing to safety discussions, workplace inspections, and policy development.

Active participation helps foster a collaborative safety culture where both workers and employers share responsibility.

3. The Right to Refuse Unsafe Work

Workers have the right to refuse work they believe is unsafe. To exercise this right, workers must:

• Have a reasonable belief that the work poses a danger to themselves or others.
• Immediately report their concerns to a supervisor or employer.
• Allow the employer to investigate and address the issue before resuming work.

This right serves as a critical safeguard, ensuring that safety is prioritized over productivity.

Employer Obligations Under the OHSA

Employers must:

• Develop and maintain clear safety policies.
• Provide appropriate training to ensure workers understand safety procedures.
• Encourage reporting of safety concerns and address them promptly.
• Regularly review and update safety protocols to reflect legal requirements.

Appointment of a Health and Safety Representative (HSR)

In workplaces with 6 to 19 employees, employers must appoint an HSR. Their role includes:

• Assisting with incident investigations.
• Participating in safety discussions and workplace inspections.
• Identifying hazards and recommending corrective actions.

In larger workplaces (20 or more employees), a Joint Health and Safety Committee (JHSC) is required.

Safety Audits and Inspections

Employers are legally required to conduct regular safety audits and inspections to identify and mitigate hazards. This includes:

• Routine equipment checks.
• Hazard assessments for tools, machinery, and work processes.
• Implementing corrective measures to address identified risks.

Employee Safety Training and Awareness

Employers must provide:

• Training on emergency procedures, incident reporting, and proper use of personal protective equipment (PPE).
• Regular safety drills to reinforce procedures.
• Ongoing updates through safety meetings or bulletins.

Penalties for Non-Compliance

Failure to comply with the OHSA can result in severe penalties:

• Fines up to $1.5 million for corporations and up to $500,000 for individuals per conviction.
• Imprisonment of up to 12 months for individuals, including directors and officers, for serious violations.

Compliance minimizes legal risks and fosters a safe work environment.

Conclusion

Workers in Ontario are entitled to three fundamental rights under the OHSA:

1. The Right to Know about workplace hazards.
2. The Right to Participate in health and safety discussions.
3. The Right to Refuse unsafe work.

By understanding and exercising these rights, and with employers fulfilling their legal obligations, Ontario workplaces can remain safe, productive, and legally compliant.

If you are an employer facing OHSA-related issues or an employee with workplace safety concerns, ACHKAR LAW can help. Contact us today for a consultation.