Does your company meet health and safety requirements?

Everyone has a role in keeping workplaces safe. In Ontario, this isn’t just good practice – it’s the law. The Occupational Health and Safety Act (OHSA) call this the “right to participate.”

Workers can exercise this right by serving on a Joint Health and Safety Committee (JHSC) or becoming a worker Health and Safety Representative (HSR). Both act as safety leaders within the workplace, helping to support a strong safety culture that keeps workers protected and businesses compliant.

JHSC or HSR are determined by the size and type of your business

If you have between one to five employees, no JHSC or HSR is required, unless a designated substance regulation applies to your workplace. One employee must be chosen as an HSR if you have between six to 19 employees. A JHSC is required if you have more than 20 employees.

You should still understand these requirements, even if you have five or fewer employees. All businesses are required to make reasonable efforts to keep workers safe, and providing workers the opportunity to actively participate can be of huge benefit to your small businesses.

What is a health and safety representative (HSR)?

The HSR represents the employees’ views on health and safety at work. Their responsibilities include identifying hazards (actual and potential) during workplace inspections, ideally once a month. They also consult on health and safety-related testing and investigations. HSRs make workplace safety improvement recommendations to the employer and are involved in workplace investigations, including work refusals and critical injuries.

What training should an HSR have?

HSRs should undergo basic training to effectively perform their duties. This training should cover issues such as occupational health and safety law; the rights, duties and responsibilities of workplace parties as well as the duties and responsibilities of the HSR. It should also cover common workplace hazards and hazard recognition, assessment, control, and evaluation of hazard controls.

What is a joint health and safety committee (JHSC)?

Workplaces with 20 or more workers require a JHSC. It’s also needed if the workplace is covered by a toxic substance order or a designated substance regulation.

The committee has both worker and employer representatives, which promotes a collaborative approach to workplace safety. The number of committee members will depend on your business size. 

• If you have fewer than 50 workers, you will need at least two committee members who are regularly employed.
• If you have more than 50 workers, you will need at least four members who are regularly employed.
• Half of the members must be workers/non-managers. The remaining members must be selected by the employer from people who are managers.
• A worker is considered regularly employed if the position exceeds (or is expected to exceed) three months.

The key responsibilities of a JHSC include identifying health and safety hazards and bringing them to the employer's attention. They meet regularly to discuss health and safety concerns, make recommendations to the employer, and follow up on any progress made. JHSCs also conduct workplace inspections at least once a month.

What training does a JHSC member need?

The OHSA requires that at least two members of the JHSC (one worker and one manager) take “certification training”; a two-part program designed to equip employees and managers with the knowledge and skills to identify and address workplace health and safety issues.

Part one features basic training, covering health and safety laws, hazard recognition, and control measures. Part two is tailored to the hazards of the workplace. A person is considered “certified” once both parts of the training are complete.

Training providers must be approved by Ontario’s Chief Prevention Officer (CPO).

Refresher training is required every three years for members to keep their JHSC certification. If a certified member leaves your JHSC, you must find a new committee member within a reasonable time.

What are the employers' roles?

The OHSA requires employers to cooperate with and help the JHSC/HSR carry out their responsibilities. Employers must provide information the JHSC or HSR has the power to obtain, including current material safety data sheets, suppliers’ information on devices that emit hazardous agents. They must also provide copies of any assessment reports on chemical or biological agents. Employers must respond to recommendations in writing within 21 days and include an implementation timetable or reasons for disagreement. 

Employers need to provide copies of all orders and reports issued by the Ministry of Labour, Immigration, Training and Skills Development of Ontario, and report any workplace deaths, injuries or illnesses to the committee. They also need to consult with the JHSC or HSR on assessment and control programs for designated substances, as well as the development and review of instruction and training for workers who are or could be exposed to hazardous materials and physical agents.