Changes to the Occupational Health and Safety Act in December 2024

Ontario’s Occupational Health and Safety Act (OHSA) saw significant updates in 2024. In October, changes from the Working for Workers Five Act expanded the OHSA’s scope to telework, broadened the definition of harassment, and allowed for electronic health and safety postings.

In November, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) introduced further amendments in the Working for Workers Six Act. Although public consultation was initially expected until early 2025, the Act moved quickly to third reading and passed in December. Most changes will take effect upon Royal Assent.

Key Changes

1. Worker Trades Committees (WTC) in Construction

For construction projects with over 50 workers (regularly) and expected to last more than 3 months, a Worker Trades Committee (WTC) is required.

 

What’s changing? New powers give the Minister the ability to mandate a Constructor to do the following:

  • establish a WTC
  • set out its composition
  • establish practices and procedures for the WTC, and
  • require participation from the owner, constructor or any trade employers in the WTC.

2. Personal Protective Equipment (PPE)

A respirator, full body harness, hearing protector, and many other types of PPE have one thing in common – they must fit properly to work effectively.

What’s changing? Employers will now be required, explicitly in section 25 of the OHSA, to ensure that PPE for workers fits properly and is appropriate for the circumstances. Changes to section 70 open the door for the Ministry to potentially establish a regulation that would detail the need for an assessment of PPE.

3. Chief Prevention Officer (CPO) Powers and Duties

The OHSA sets out several responsibilities for Ontario’s CPO when it comes to strategies for preventing workplace injuries, illnesses, and deaths in the province.

What’s changing? The OHSA amendments expand the CPO’s powers and responsibilities. Among these, the CPO may now establish criteria that can be used to assess whether a health and safety training program from outside of Ontario is equivalent to a CPO-approved training program. The criteria for assessing training equivalency have not yet been described, but this amendment is sure to enhance the mobility of workers and minimize duplication for out-of-province workers.

4. Higher Penalties for Repeat Workplace Health & Safety Offenders

The maximum fine amount for corporations convicted of an offence under the OHSA is $2 million.

What’s changing? In addition, corporations may now face a minimum $500,000 fine if convicted of a second or subsequent offence under the Occupational Health and Safety Act in a two-year period if it leads to death or serious injury.

This change raises questions about what types of injuries qualify as ‘serious’. Additionally, the minimum fine does not seem automatic and the criteria for when it is exercised are not described.

For full details on the amendments, consult Bill 229 Working for Workers Six Act.

 

What Employers Should Do Next

Continually assessing health and safety hazards can ensure the right measures and procedures are in place to protect workers from harm, and compliance with health and safety laws.

 

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