Canada Occupational Health and Safety Regulations: Key Insights for Businesses

What are the Canada Occupational Health and Safety Regulations?

The Canada Occupational Health and Safety Regulations (COHSR) outline the minimum health and safety requirements for federally regulated workplaces in Canada. Made under Part II of the Canada Labour Code, these regulations cover a wide range of topics, from hazard prevention to the proper use of Personal Protective Equipment (PPE), all aimed at protecting workers from harm.

Importance

Ontario first passed its Occupational Health & Safety Act, called the Factory Act of 1884, to improve working conditions in factories. This was largely ineffective due to its limited scope and a lack of enforcement, resulting in fatal accidents in the subsequent decades. The Ham Commission of 1974 recommended more robust standards, leading to more comprehensive legislation in 1978.

The improvements made in the country’s occupational health and safety laws, specifically in mandating accident prevention and strengthening worker participation, have led to safer workplaces, increased productivity, and improved worker morale. In a key advocacy effort, the Canadian Centre for Occupational Health and Safety (CCOHS) marks the first full week of May as Safety and Health Week. This promotes awareness nationwide.

The dramatic reduction in workplace injuries and fatalities from the early 20th century to today can be directly attributed to Canada‘s occupational health and safety regulations.

Legal Framework and Jurisdiction

Because there are several divisions in Canada‘s workplace health and safety (one federal, ten provincial, and three territorial), many employers find it challenging to determine which Canadian workplace safety standards and regulations apply to their operations. The COHSR applies only to workplaces under the federal jurisdiction:

• Federal government agencies

• Crown corporations

• Interprovincial and international transportation (e.g., airports, airlines, ferries, marine shipping, railways, canals, bridges, oil and gas pipelines)

• Banking, telecommunications, and broadcasting

• Exploration and development of petroleum on federal lands

• Uranium mining and processing

• Many First Nations activities

All other workplaces fall under the Occupational Health and Safety of Canada‘s territories or provinces.

Core Principles of Canada Occupational Health and Safety Regulations

The Canada Occupational Health and Safety Act standardized requirements across federally regulated industries, legally defining the responsibilities of employers, supervisors, and employees in protecting health and safety. Workplace safety in Canada is grounded in a foundational principle and these fundamental worker rights:

Right to Know

Workers are entitled to be fully informed about any known or foreseeable hazards present in their workplace. This means employers must proactively provide comprehensive information, effective training, and clear instructions related to all aspects of health and safety, such as the following:

• Specific health and safety risks

• Safe work procedures in the office, industrial floors, and remote areas

• Emergency measures

• Access to WHMIS or Safety Data Sheets (SDSs)

• Results of workplace inspections or investigations

Right to Participate

Employees have the fundamental right to identify and resolve workplace health and safety concerns. This isn’t just about reporting issues; it’s about contributing to the solutions. This is typically exercised through the following formal mechanisms:

• Joint health and safety committees collaboratively identify hazards, recommend corrective actions, and develop policies.

• Health and safety representatives act as liaisons for worker safety concerns.

Right to Refuse Unsafe Work

Workers possess the critical right to refuse to perform any work that may pose a danger to themselves or another person. This isn’t a right to arbitrarily stop working, but a protection when there’s a genuine safety concern. Upon refusal, employers should do the following:

• Investigate the concern immediately.

• Resolve the issue before requiring the worker to resume.

The Internal Responsibility System (IRS) is the foundational principle of the Occupational Health and Safety Act of Canada. This means that everyone in the workplace shares responsibility for identifying, reporting, and correcting hazards. This promotes a proactive, transparent, and collaborative approach to ensuring employee safety.

Key Components in the COHSR

The occupational health and safety regulations in Canada cover a wide range of operational procedures across different industries. These are divided into various parts, each addressing a distinct aspect of Environment, Health, and Safety (EHS) in Canada.

Workplace Health and Safety Responsibilities

Establishing accountability ensures that no aspect of safety is overlooked. This component defines the workplace duties and obligations of various parties (i.e., employers, supervisors, frontline workers, etc.). Promoting a shared commitment ensures hazards are consistently addressed, building a strong safety culture.

Workplace Inspections and Hazard Management

Proactive hazard management is fundamental to preventing incidents rather than reacting to them. This systematic process of identifying, assessing, controlling, and reviewing hazards in the workplace is crucial to preventing accidents, injuries, and occupational diseases. Regular inspections are a key tool in this process.

Incident Reporting and Investigation

Learning from past incidents prevents future occurrences. This concept outlines the mandatory procedures for reporting and thoroughly investigating workplace accidents and near-misses, not to lay blame but to implement effective corrective actions. This also involves proper documentation for regulatory compliance and potential claims.

Personal Protective Equipment (PPE)

PPEs minimize exposure to hazards that cause serious workplace injuries and illnesses. The last line of defense in the hierarchy of controls, PPE offers a vital barrier between the worker and the hazard when engineering and administrative controls aren’t feasible or sufficient.

Training and Education

Employers should provide adequate training, allowing workers to perform their jobs correctly and confidently. Skilled and knowledgeable employees recognize hazards, understand and follow procedures, and use equipment safely.

Compliance and Enforcement

These mechanisms ensure that workplaces adhere to regulations set by agencies enforcing occupational health and safety in Canada. Without specific directives on inspections, penalties, appeals, and prosecution, there’s no incentive to prioritize safety.

Overcoming Compliance Challenges

Aside from the jurisdiction overlaps in Canadian workplace safety regulations, other issues make compliance difficult for many organizations. Here are some of them and, more importantly, how to deal with them effectively:

• Complex regulatory landscape – Companies operating in several regions should know the differences in laws, standards, and guidelines. On top of consulting legal experts to clarify these distinctions, centralized resources like the Canadian Occupational Safety and Health (CANOSH) portal can help compare requirements.

• Inconsistent employee training – Organizations must develop a core, standardized training curriculum that covers the universal principles of CCOHS regulations. Then, supplement it with localized modules that address specific regulations, hazards, and industry requirements to ensure employees get the information they need.

• Limited resources – Compliance involves significant direct financial outlays (e.g., purchasing and maintaining engineering controls and PPEs) and indirect costs (e.g., productivity loss, administrative overhead, hiring experts). Companies can handle this by utilizing a risk-based approach for prioritization, focusing on high-risk areas first.