| Policy Manuals : |
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At HRCMS, our goal and mission is to become the primary source of knowledge, answers & training for your H&S legislative needs. The Occupational Health and Safety Act sets out the rights and duties of all parties in the workplace. Its main purpose is to protect workers against health and safety hazards on the job. The Act establishes procedures for dealing with workplace hazards, and it provides for enforcement of the law where compliance has not been achieved voluntarily.
The guide to the Occupational Health and Safety Act explains what every worker, supervisor, employer, constructor and workplace owner needs to know about the Act. Almost every workplace in Ontario is covered by the Act and regulations. Chapter 3, Who is Covered by the Act? lists work and workplaces not covered. The Ministry works closely with its agencies, safe workplace associations (SWAs), worker training centres and clinics, and the Canadian Centre for Occupational Health and Safety. For more information about these organizations and other sources of health and safety information, see our list of occupational health and safety resources. |
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1974 - The UK introduces the concept of the ‘internal responsibility system’ (IRS).
1976 - The Ham Royal Commission Report adopts the IRS concept.
1979 - Bill 70. The OHSA comes into effect with most of the IRS elements.
1986 - The Mackenzie-Laskin Report supports the continuation of the IRS.
1987 - Bill 79. WHMIS develops one key IRS element - the right to know about hazards.
1990 - Bill 208 expands the scope of the IRS - adds directors’ and officers’ liability. Certified Member wording established in the OHSA.
2004 - Bill C 45 The date for Bill C-45 to go into effect was announced. "Her Excellency Governor General in Council hereby fixes March 31, 2004 as the day on which the Act, comes into force, other than section 22, which come into force on assent." Among others, this Bill includes the following provisions:balance of Management |
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- If this duty is carelessly disregarded and bodily harm or death results, an organization could be charged with criminal negligence;
- Organizations may be found guilty of “negligence” if a “representative” is a party to the offence, or a “senior officer” (or officers) who is (are) responsible for the aspect of the organization’s activities that is relevant to the offence departs “markedly” from the standard of care to prevent a representative of the organization from being a party to the offence.
- Most importantly: “every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.”
- The fine for a “summary conviction” has been increased from $25,000 to $100,000. There is no ceiling for fines on indictable or more serious offences. Fines of up to $1,000,000 are provided for breach of the Canada Labour Code.
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| In general, the following proposed measures would make corporations criminally liable: |
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- as a result of the actions of officers who oversee day-to-day operations, but who may not be directors or executives;
- when executives with executive or operational authority intentionally commit, or direct employees to commit, crimes to benefit the corporation;
- when officers with executive or operational authority become aware of offences committed by other employees, but do not take action to stop them; and
- when the actions of those with authority and other employees, taken as a whole, demonstrate a lack of care that constitutes criminal negligence
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