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Ontario Workplace Safety Regulations and Guidelines ===================================================

Ontario's workplace safety regulations and guidelines are established to protect the health and safety of workers across various industries. These regulations are primarily governed by the Occupational Health and Safety Act (OHSA) and its associated regulations, which set out the duties and responsibilities of employers, constructors, supervisors, and workers. These standards aim to create a safe working environment, prevent workplace injuries and illnesses, and ensure compliance with legal requirements.

Key Regulatory Requirements

Occupational Health and Safety Act (OHSA)

The Occupational Health and Safety Act (OHSA) is the cornerstone of workplace safety in Ontario. It establishes the legal framework for occupational health and safety and outlines the rights and responsibilities of all workplace parties.

Key aspects of the OHSA include:

  • Duties of Employers: Employers must take every precaution reasonable to protect workers, maintain a safe workplace, provide adequate training and supervision, and ensure compliance with the Act and its regulations.
  • Rights of Workers: Workers have the right to know about workplace hazards, the right to participate in health and safety activities, and the right to refuse unsafe work.
  • Internal Responsibility System (IRS): The IRS emphasizes that everyone in the workplace has a role to play in health and safety. It promotes cooperation and communication between employers, supervisors, and workers to identify and control hazards.
  • Enforcement: The Ministry of Labour, Immigration, Training and Skills Development (MLITSD) enforces the OHSA through inspections, orders, and prosecutions.

Construction Projects Regulation (O. Reg. 213/91\)

Ontario Regulation 213/91, also known as the Construction Projects Regulation, specifically addresses the unique hazards and safety requirements of construction projects. This regulation supplements the OHSA and provides detailed rules for various aspects of construction safety.

Key provisions of the Construction Projects Regulation include:

  • Registration and Notices: Constructors and employers must complete an approved registration form before beginning work at a project. In certain cases, constructors must also file a notification form with the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) before starting a project, especially if the project exceeds certain cost thresholds or involves specific types of work (e.g., work in compressed air, tunnels, or trenches).
  • General Requirements: Constructors are required to post notices with their name, address, phone number, and the address and phone number of the nearest MLITSD office at the project site. They must also appoint a supervisor for every project with five or more workers and establish written emergency procedures.
  • Protective Clothing, Equipment, and Devices: Workers must wear appropriate protective clothing and use personal protective equipment (PPE) to protect against hazards. This includes protective headwear and footwear at all times on a project. Specific requirements are outlined for fall protection, including guardrail systems, travel restraint systems, fall restricting systems, and fall arrest systems, depending on the potential fall distance and work conditions.
  • Excavations: The regulation includes detailed requirements for excavation safety, including the classification of soil types, the use of support systems, and precautions concerning underground services. These provisions aim to prevent cave-ins and protect workers entering trenches or excavations.
  • Traffic Control: If workers may be endangered by vehicular traffic, the regulation mandates the use of barriers, barricades, delineators, and other traffic control devices. A written traffic protection plan must be developed and implemented, specifying hazards and protective measures.
  • Access and Egress: Safe access to and egress from work areas located above or below ground level must be provided using stairs, runways, ramps, or ladders. Adequate means of evacuation must be available in case of an emergency, and work areas must be maintained in a condition that does not endanger workers.
  • Fire Safety: Fire safety measures include the provision of fire extinguishers, restrictions on smoking and open flames, and the installation of temporary standpipes in buildings under construction. Flammable liquids must be handled and stored safely.
  • Electrical Hazards: The regulation addresses electrical safety, including requirements for grounding, lockout/tagout procedures, and minimum approach distances from overhead power lines. Only qualified persons are permitted to work on electrical equipment.

General Safety Requirements

Personal Protective Equipment (PPE)

Workers must use appropriate protective clothing and personal protective equipment (PPE) to protect against hazards. This includes protective headwear and footwear at all times on a project. Specific requirements are outlined for fall protection, including guardrail systems, travel restraint systems, fall restricting systems, and fall arrest systems, depending on the potential fall distance and work conditions. [2]

Fall Protection

Fall protection is a critical aspect of construction safety. Sections 26\.1 to 26\.9 of the Construction Projects Regulation outline specific requirements for fall protection systems and equipment. These regulations apply where a worker may be exposed to hazards such as falling more than 3 meters, falling into operating machinery, or falling through an opening on a work surface.

Hierarchy of Fall Protection Methods:

  1. Guardrail system
  2. Travel restraint system
  3. Fall restricting system
  4. Fall arrest system
  5. Safety net

Traffic Control and Public Safety

If workers may be endangered by vehicular traffic, the regulation mandates the use of barriers, barricades, delineators, and other traffic control devices. A written traffic protection plan must be developed and implemented, specifying hazards and protective measures. [4]

Emergency Preparedness

A constructor shall establish for a project written procedures to be followed in the event of an emergency and shall ensure that the procedures are followed at the project. The constructor shall review the emergency procedures with the joint health and safety committee or the health and safety representative for the project, if any. The constructor shall ensure that the emergency procedures are posted in a conspicuous place at the project. [2] [2] [2]

Regular Inspections

A supervisor or a competent person appointed by the supervisor shall inspect all machinery and equipment, including fire extinguishing equipment, magazines, electrical installations, communication systems, sanitation and medical facilities, buildings and other structures, temporary supports and means of access and egress at the project to ensure that they do not endanger any worker. An inspection shall be made at least once a week or more frequently as the supervisor determines is necessary in order to ensure that the machinery and equipment referred to in subsection (3\) do not endanger any worker. [3] [3]

Importance of Competent Workers

A 'competent worker' is defined as someone who is qualified due to knowledge, training, and experience to perform the work, is familiar with the Occupational Health and Safety Act and its regulations, and has knowledge of potential dangers to health or safety in the work. Ensuring that workers are competent is a fundamental requirement for maintaining a safe workplace. [1]

Staying Updated

It is critical for employers and workers to stay informed about the most current regulations, guidelines, and best practices. The Ministry of Labour, Immigration, Training and Skills Development (MLITSD) provides resources, training programs, and updates to help workplaces comply with safety standards. Regular reviews of safety policies and procedures, along with ongoing training, are essential for maintaining a safe and healthy work environment.

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[1] Construction Projects Regulation (O. Reg. 213/91)

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# ONTARIO REGULATION 213/91 CONSTRUCTION PROJECTS (cont.) ## INTERPRETATION AND APPLICATION (cont.) "cofferdam" means a structure constructed entirely or partially below water level or below the level of the groundwater table and intended to provide a work place that is free of water; ("batardeau") "competent worker", in relation to specific work, means a worker who, (a) is qualified because of knowledge, training and experience to perform the work, (b) is familiar with the Occupational Health and Safety Act and with the provisions of the regulations that apply to the work, and (c) has knowledge of all potential or actual danger to health or safety in the work; ("travailleur compétent") "conduit" means a sewer, a water main, a duct or cable for a telegraphic, telephonic, television or electrical service, a pipe or duct for the transportation of any solid, liquid or gas or any combination of these items and includes a service connection made or intended to be made thereto; ("canalisation") "crash truck" means a blocker truck that is equipped with a crash-attenuating device; ("camion d'intervention") "critical weld" means, in relation to a suspended work platform, a weld the failure of which could result in the complete or partial collapse of the suspended work platform; ("soudure essentielle") "excavation" means the hole that is left in the ground, as a result of removing material; ("excavation") "excavation depth" means the vertical dimension from the highest point of the excavation wall to a point level with the lowest point of the excavation; ("profondeur d'excavation") "excavation width" means the least horizontal dimension between the two opposite walls of the excavation; ("largeur d'excavation") "fall arrest system" means an assembly of components joined together SO that when the assembly is connected to a fixed support, it is capable of arresting a worker's fall; ("dispositif antichute") "fall restricting system" means a type of fall arrest s…

[2] Construction Projects Regulation (O. Reg. 213/91)

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# ONTARIO REGULATION 213/91 CONSTRUCTION PROJECTS (cont.) ## GENERAL REQUIREMENTS (cont.) 17. (1) A constructor shall establish for a project written procedures to be followed in the event of an emergency and shall ensure that the procedures are followed at the project. O. Reg. 145/00, S. 11. (2) The constructor shall review the emergency procedures with the joint health and safety committee or the health and safety representative for the project, if any. O. Reg. 145/00, S. 11. (3) The constructor shall ensure that the emergency procedures are posted in a conspicuous place at the project. O. Reg. 145/00, S. 11. 18. The constructor shall ensure that every worker at the project has ready access to a telephone, two-way radio or other system of two-way communication in the event of an emergency. O. Reg. 145/00, S. 11. 19. If, under this Regulation, a record is required to be kept available for inspection at a project, the constructor or employer, as the case may be, shall keep the record for at least one year after the project is finished. O. Reg. 213/91, S. 19. ## PART II GENERAL CONSTRUCTION ## APPLICATION 20. This Part applies with respect to all projects. O. Reg. 213/91, S. 20. ## PROTECTIVE CLOTHING, EQUIPMENT AND DEVICES 21. (1) A worker shall wear such protective clothing and use such personal protective equipment or devices as are necessary to protect the worker against the hazards to which the worker may be exposed. O. Reg. 213/91, S. 21 (1). (2) A worker's employer shall require the worker to comply with subsection (1). O. Reg. 213/91, S. 21 (2). (3) A worker required to wear protective clothing or use personal protective equipment or devices shall be adequately instructed and trained in the care and use of the clothing, equipment or device before wearing or using it. O. Reg. 213/91, S. 21 (3). (4) Personal protective clothing and equipment that is provided, worn or used shall be a proper fit, having regard to all relevant factors including bod…

[3] Construction Projects Regulation (O. Reg. 213/91)

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# ONTARIO REGULATION 213/91 CONSTRUCTION PROJECTS (cont.) ## REGISTRATION AND NOTICES (cont.) "automobile" includes a van or truck with a gross vehicle weight rating of 14,000 pounds (6,350 kilograms) or less. O. Reg. 190/19, S. 1 (2). a 7. If section 6 does not apply to a project but the project includes work on a trench more than 1.2 metres deep into which worker may enter, the constructor shall, before any work at the project is begun, give notice in person, by telephone or by fax to the Ministry office located nearest to the project. O. Reg. 145/00, S. 5. - 7.1 (1) This section applies with respect to a project at which a suspended work platform system is to be used. O. Reg. 242/16, S. 4. (2) At least 48 hours before a suspended work platform system is used for the first time at a project, the constructor shall complete an approved notification form and provide it to the Ministry by faxing it or delivering it in person to the Ministry office located nearest to the project or submitting it electronically on a website of the government of Ontario. O. Reg. 242/16, S. 4. (3) Despite subsection (2), the constructor may put a suspended work platform system into use before providing the approved notification form if the following conditions are met: 1. It is necessary to use the suspended work platform system immediately to prevent injury to people or damage to property. 2. Before using the suspended work platform system, the constructor gives an inspector at the Ministry office located nearest to the project oral notice, by telephone or in person, that the system will be used. O. Reg. 242/16, S. 4. (4) If a constructor uses a suspended work platform system under subsection (3), the constructor shall, within 24 hours of beginning to use the suspended work platform system, provide a completed approved notification form to the Ministry in a manner described in subsection (2). O. Reg. 242/16, S. 4. (5) The constructor shall keep a copy of the completed notif…

[4] Construction Projects Regulation (O. Reg. 213/91)

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# ONTARIO REGULATION 213/91 CONSTRUCTION PROJECTS (cont.) ## 67. (1) In this section, (cont.) (2) If a worker at a project on a highway may be endangered by vehicular traffic unrelated to the project, the project shall make use of as many of the following measures as is necessary to adequately protect the worker: 1. Barriers. 2. Barricades. 3. Delineators. 4. Lane control devices. 5. Warning signs. 6. Flashing lights. 7. Flares. 8. Traffic control devices. 9. Blocker trucks. 10. Crash trucks. 11. Sign trucks. 12. Speed control devices. 13. Longitudinal buffer areas. O. Reg. 145/00, S. 21. (3) In addition to the measures listed in subsection (2) but subject to section 68, a worker may be used to direct traffic O. Reg. 145/00, S. 21. (4) Every employer shall develop in writing and implement a traffic protection plan for the employers' workers at a project if any of them may be exposed to a hazard from vehicular traffic. O. Reg. 145/00, S. 21. (5) The traffic protection plan, (a) shall specify the vehicular traffic hazards and the measures described in subsection (2) to be used to protect workers; and (b) shall be kept at the project and made available to an inspector or a worker on request. O. Reg. 145/00, S. 21. (6) A worker who is required to set up or remove measures described in subsection (2) on a roadway or a shoulder of a roadway, (a) shall be a competent worker; (b) shall not perform any other work while setting up or removing the measures; and (c) shall be given adequate written and oral instructions, in a language that he or she understands, with respect to setting up or removing the measures. O. Reg. 145/00, S. 21. (7) Adequate barriers shall be installed to protect workers at a project from vehicular traffic if the project, (a) is on a freeway; (b) is not a mobile operation; and (c) is expected to require more than five days to complete. O. Reg. 145/00, S. 21; O. Reg. 345/15, S. 11 (1). (8), (9) REVOKED:…

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