Mandatory minimum fines for repeat offenders and better fitting personal protective equipment (PPE) are among recent changes to Ontario’s Occupational Health & Safety Act (OHSA).

Bill 229, Working for Workers Six Act, was passed by the Ontario Legislature just before it adjourned for its winter recess. The changes are now law having received Royal Assent on December 19, 2024.

Perhaps the most consequential amendment sets out new mandatory minimum fines for corporations convicted under the OHSA: “For a second or subsequent offence that results in the death or serious injury of one or more workers in a two-year period, the minimum fine that may be imposed is $500,000.” (S 66 (2)).

Many worker representatives, including those in the United Steelworkers union, have long lobbied for more vigorous enforcement and increased penalties to hold negligent employers accountable. They argue deterrents are required to help prevent especially egregious violations of the OHSA like those at National Steel Car. The Hamilton railcar maker was fined after each of three worker fatalities which occurred over less than two years between September 2020 and April 2021. The company was fined $240,000 after pleading guilty to health and safety violations related to the death of Quoc Le. In the deaths of Collin Grayley and Fraser Cowan, fines of $140,000 were levied for each fatality.

What remains to be determined is what is meant by “serious injury” in this change to the OHSA. Currently, only “critical injury” is defined as per OHSA Regulation 834.

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Additional amendments introduce a new duty (S 25 (1)) to ensure that PPE and protective clothing provided by the employer are appropriate and fit properly. It is expected that this will result in better fitting PPE particularly for women. In studies documenting their concerns, women report that PPE is often uncomfortable, ill-fitted and inadequately protective.

Powers of Minister and Chief Prevention Officer

The Minister of Labour, Immigration, Training and Skills Development also has new powers to establish a worker trades committee on any construction project, currently only required for projects which regularly employ 50 or more and last for at least three months. This change is consistent with the Minister’s existing discretionary powers to establish joint health and safety committees where the OHSA minimums do not dictate their establishment.

Still other amendments define new powers of the province’s Chief Prevention Officer (CPO) including the authority to establish equivalency criteria for training programs from outside Ontario, and the power to develop policies to meet general training requirements (e.g., learning outcomes, training design and delivery methods).

Some would argue the CPO already had these powers under the OHSA. Certainly, this is why workers and their representatives supported changes to the OHSA back in 2011. General employer duties are rarely enforced as originally intended. Often, they are only cited in convictions involving workers killed or seriously injured. Mandatory training standards are needed to protect workers and clearly define employer obligations.

Regardless, Andrew Mudge, Workers Health & Safety Centre (WHSC) executive director says, “A renewed focus on the need for training, and better yet enforceable training standards, is a positive. The promise of these standards for all hazards, beyond Working at Heights, and training for worker health and safety representatives, as well as entry level training for construction workers and other sectors have gone unfulfilled. We are hopeful this may finally move things forward.”

The fact that modes of training delivery are specifically cited in changes to the OHSA is something to watch too. Mudge adds, “The devil will be in the details. WHSC has consistently maintained for health and safety training to be effective it must be instructor led. E-learning is not the answer.”

Also noteworthy, Bill 229 amends the Workplace Safety & Insurance Act and expands presumptive entitlement to worker’s compensation for firefighters and fire investigators by reducing the required duration of employment from 20 to 10 years for kidney cancer and eliminating the 61-year age limit on presumptive eligibility for colorectal cancer. Presumptive legislation currently recognizes 21 work-related cancer entitlements for firefighters in Ontario.

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Other OHS amendments now in effect

Earlier amendments in Working for Workers Five Act (Bill 190) received Royal Assent on October 28, 2024. Key changes or clarifications include:

• New constructor/employer duties regarding maintenance of washroom facilities on projects
• Virtual activities added to definition of workplace harassment and workplace sexual harassment
• Telework performed in a private residence now covered under the OHSA
• Certain information may be posted electronically if readily accessible by workers in the workplace
• Reduced required years of employment (from 15 to 10 years) when compensating firefighters who develop skin cancers.

Choose quality training

As Ontario’s only government-designated health and safety training centre, WHSC will help you comply with all legal training requirements while bolstering your workplace prevention program.

Whether you train with us in-person or in a virtual classroom, training is led in real time by a highly experienced, WHSC-qualified instructor to ensure critical learning is achieved.

Start with essential and legally mandated training such as JHSC Certification Training, GHS-WHMIS, workplace violence and harassment, working at heights, worker health and safety awareness, and supervisor awareness and competency.
 
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Don’t see what you need? Contact any one of our Training Services Representatives located in communities across Ontario.

Need training in French? Check out our extensive French catalogue. Or contact WHSC training services representative, Christopher Gervais at cgervais@whsc.on.ca or 613-407-2187.

Related resources
Lack of machine guarding kills worker, leads to fines and training review
Ill-fitting PPE adds to safety hazards faced by working women
Better recognition of occupational cancers can aid prevention too: report
 
Read the legal amendments
Bill 229, Working for Workers Six Act, 2024
Bill 190, Working for Workers Five Act, 2024

Need more information?
Contact a WHSC training services representative in your area.
Email: contactus@whsc.on.ca
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