Small Business, Big Impact: Health and Safety Representative

Summary

Ontario’s Health & Safety Act mandates the appointment of a Health & Safety Representative (H&S Rep) in workplaces with 6 to 19 workers where no designated substances are present. Chosen by their peers or the union, H&S Reps conduct monthly workplace inspections, identify hazards, and provide recommendations to the employer, who must respond within 21 days. They play a critical role in reporting serious incidents and are entitled to paid time for their duties. Their role is vital in managing COVID-19-related risks, ensuring the workplace is safe and informed on potential hazards.

Takeaways

• 🏢 Ontario’s Health & Safety Act applies to businesses of all sizes, including smaller ones.
• 👷 Section 8 of the Act mandates the presence of Health & Safety Representatives (H&S Reps) in workplaces with 5 to 20 workers without designated substances.
• 👥 Any non-managerial employee can be a H&S Rep, chosen by their peers or, if a union is present, by the union.
• 🔍 H&S Reps are tasked with conducting monthly inspections to identify workplace hazards and potential health and safety issues.
• 📋 They are not responsible for enforcing safety but are crucial in identifying risks and making recommendations to the employer.
• 🚨 In case of serious incidents like fatalities or critical injuries, H&S Reps inspect the accident site and report to the Ministry.
• ⏰ Employers are obliged to respond in writing to H&S Reps' recommendations within 21 days, detailing action plans or reasons for disagreement.
• 💼 H&S Reps have the right to take time off from their regular duties to perform inspections and must be compensated for this time.
• 📚 The role of H&S Reps is especially critical during the COVID-19 pandemic, requiring them to be well-informed about the virus and its workplace hazards.
• 📈 Employers must ensure that their H&S Reps are educated on COVID-19 to effectively contribute to the workplace's response plan.

Q & A

What does the Ontario Health & Safety Act (OHSA) protect?

The OHSA protects both big and small businesses, ensuring safety regulations apply to workplaces of all sizes.

What is required under Section 8 of the Occupational Health & Safety Act?

Under Section 8, workplaces with regularly more than 5 but fewer than 20 workers, and without designated substances, must have a Health & Safety Representative (H&S Rep).

Who can be selected as a Health & Safety Representative?

Any person who does not exercise managerial functions can be selected as an H&S Rep. They must be chosen by their fellow workers or by the union if one is present.

What are the main responsibilities of a Health & Safety Representative?

H&S Reps conduct monthly workplace inspections, identify hazards, make recommendations to the employer, and inspect the site of any fatality or critical injury.

What is the role of the employer after receiving recommendations from the Health & Safety Representative?

Employers must respond in writing to the H&S Rep's recommendations within 21 days, including a timetable for implementation or reasons for disagreement.

Are Health & Safety Representatives responsible for managing or enforcing health and safety?

No, they are not responsible for managing or enforcing health and safety but play a crucial role in identifying hazards and making recommendations.

What happens if a critical injury or fatality occurs at the workplace?

The Health & Safety Representative inspects the location of the accident and reports findings to the Ministry, while the employer also reports their findings.

Are Health & Safety Representatives entitled to paid time off for their duties?

Yes, H&S Reps are entitled to take time away from their regular duties to conduct inspections and are to be paid during that time.

Why is the role of the Health & Safety Representative particularly important during the COVID-19 pandemic?

Due to COVID-19-specific hazards, H&S Reps play a critical role in ensuring that workplaces are safe and that potential hazards related to the virus are identified and addressed.

How should employers ensure their Health & Safety Representatives are prepared for COVID-19 hazards?

Employers should ensure that H&S Reps are educated on COVID-19 and its potential impact on the work environment as part of the company’s response plan.