Occupational Health and Safety

Of all areas of workplace law, occupational health and safety has perhaps been the fastest changing in recent years. From expanding protections for interns to new requirements around workplace harassment, occupational health and safety law now encompasses much more than rules to help prevent accidents at work.

The Occupational Health and Safety Act (the “Act”) applies to the majority of Ontario businesses (with the noted exception of federal-regulated employers, such as banks and telecommunication companies, that are subject to the Canada Labour Code).

The purpose of health and safety legislation is to protect workers from hazards at work. The Act explicitly explains workers rights and the steps that employers must take to establish procedures for dealing with workplace hazards. 

The legislation is driven by an internal responsibility system that makes everyone in a workplace, from a labourer up to a CEO, responsible for helping to ensure safety in the workplace. Under this system, employers are responsible for establishing the necessary workplace committees, implementing procedures to deal with hazards, enforcing procedures and ensuring that all employees are working in a safe environment. 

In organizations with twenty (20) or more workers on site at any time, a Joint Health and Safety Committee must also be established. This committee is responsible for performing a number of workplace tasks such as: identifying workplace hazards; taking part in consultations; making recommendations; and investigating work refusals. This list is by no means exhaustive. 

Employers are best advised to speak with an experienced employment lawyer to ensure that their workplace is operating in accordance with governing health and safety law, as these requirements continue to change and differ based on whether federal or provincial laws apply to your organization. Amongst other things, however, provincially-regulated employers should ensure that they:

  1. routinely make available to all staff a copy of the Act, as well as explanatory materials prepared by the Ministry of Labour outlining the rights, responsibilities and duties of workers; 

  2. (where there are at least 5 employees in the workplace) prepare a written occupational health and safety policy and make it available to all staff. This policy should be reviewed at least once per year and a related programme must be created and maintained to implement the policy; and

  3. prepare and implement a policy with respect to dealing with and resolving allegations of harassment and/or violence in the workplace. This policy should include clear and unambiguous language and provide for a complaint process, investigation process and resolution process (including communication of results, disciplinary and non-disciplinary action, as required).

Our occupational health and safety lawyers will work with your business to help you get the details right, improve workplace safety and respond to any disputes that may arise.

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Workplace Legal Services for Employers

  • Employment Standards Compliance

    Non-compliance can result in legal issues, making it crucial for businesses to seek legal advice on employment standards and worker rights.

  • Occupational Health and Safety

    From expanding protections for interns to new requirements around workplace harassment, occupational health and safety law now encompasses much more than rules to help prevent accidents at work.

  • Wrongful Dismissal Litigation

    Whether you have received a demand letter from a former employee or been served a Statement of Claim, wrongful dismissal cases can be a painful distraction from running your business. When faced with such claims, it is important to take them seriously and respond effectively.

  • Labour Relations

    Our lawyers are experienced with advising both federally- and provincially-regulated employers and navigating the specific requirements of the Ontario Labour Relations Act and the Canada Labour Code, as applicable.

  • Absenteeism and Attendance Management

    Employee absenteeism can be a strain on your operations and a significant expense. If poorly handled the problem can grow worse, exposing your company to claims ranging from discrimination to constructive dismissal.

  • Employment Contracts

    Drafting a clear and enforceable employment contract that properly protects your interests is one of the most important things that a business can do. Employment disputes often focus on the language used in an employment contract, and its content can come back years later to haunt employers.

  • Workplace Policies

    Clearly-drafted workplace policies should be the cornerstone of employee management at any business. In addition to the benefit that accrues from voluntarily-implemented policies, Ontario law explicitly calls for the implementation of certain policies, such as the requirement to have an anti-harassment policy in place.

  • Human Rights & Compliance

    Our team has significant experience drafting accommodation and anti-harassment policies, as well as litigating these issues in both the courts and human rights tribunals. As such, we are well-positioned to provide advice in regard to navigating these challenges and ensuring a legally-compliant and productive workplace.

  • Employee Termination

    There a number of rules in Ontario that govern how a termination should take place. They can be complex and stem both from statute (being set out in the Employment Standards Act) or the common law (i.e. judge-made law). These rules operate in tandem to set the payment requirements that employers must meet.

  • Strategic Human Resources Support

    We offer a number of strategic services to complement your internal HR functioning, including advice on best practices, drafting a wide range of documents (such as workplace policies and employment agreements) and responding to employee concerns or complaints.

A Proven Track Record of Legal Success

Employment and Labour Laws are not always straightforward, but whether you are an employee or an employer, understanding your rights and duties will only stand to benefit you. Reach out to an employment lawyer or labour lawyer today if you have any questions and be sure to get what you deserve and safeguard yourself for the future. The lawyers at Vey Willetts LLP have a proven track record and are happy to assist.  Our Ottawa employment lawyers and labour lawyers serve clients throughout both Ottawa and Ontario. 

Call us today at 613-238-4430, 1-800-296-7989 or fill out our online form.