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ARTICLE · 25 JANUARY 2019

When Compliance Isn't Enough: Ensuring Compliance Through Alternative Methods Under The OHSA

Before adding to, or deviating from, a prescribed requirement, an employer should always consult with a subject matter expert.

CanadaEmployment and HR

The Occupational Health and Safety Act (OHSA) creates a framework for achieving worker safety in Ontario. Its provisions impose general duties on the people who work at the workplace, and its regulations list specific technical steps that must be taken to protect worker safety. For example, the Construction and Industrial Regulations each respectively speak to listed requirements of what must be done on construction projects and in factories.

However, an interesting case from the Court of Appeal makes it clear that simply complying with the regulations isn't always enough. The regulations don't provide prescriptive certainty, and employers must meet the higher standard of taking all reasonable precautions to protect their workers. The case is Ontario (Labour) v. Quinton Steel (Wellington) Limited.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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