Notice Required From Employers
Unfortunately, workplace accidents happen.
Whether it happened to an employee, another worker as defined under the Occupational Health and Safety Act (OHSA), or a person visiting the workplace, the employer has legal duties to report the incident to the Ministry of Labour within a set period of time. Responsibilities vary depending on the circumstances and severity of the incident.
Examples of an employer’s responsibilities include the following, though please note this is not a comprehensive list.
If a person is critically injured or killed, the employer must:
- Immediately notify by telephone or other direct means a Ministry of Labour inspector, the joint health and safety committee or health and safety representative, and the union, if applicable.
- Send a written report outlining the circumstances of the incident to a Director of the Ministry within 48 hours as outlined in section 51 of the OHSA for more information.
If a person is unable to do their work as a result of a workplace accident, fire, explosion or incident of workplace violence, but the injury isn’t critical, and no one has died, the employer must:
- Notify the joint health and safety committee or health and safety representative, and the union, if applicable, in writing within four (4) days of the incident.
- The notice must contain prescribed information under subsection 52(1) of the OHSA.
- An inspector may require employers to also give this notice to a Director of the Ministry.
If a worker informs an employer of an occupational illness, or the worker has filed a claim with the Workplace Safety and Insurance Board regarding an occupational illness, the employer must:
- Contact in writing the Ministry of Labour, the joint health and safety committee or health and safety representative, and the union, if applicable, within four (4) days.
- The notice must contain prescribed information under subsection 52(2) of the OHSA.
- This duty also applies to former workers experiencing occupational illness related to an employer’s workplace under subsection 52(3).
There are other incidents that require notice from employers as well, but these examples highlight the role of the employer in communicating and reporting workplace incidents, illnesses, injuries, and deaths.
Whether you need help to understand your role in notifying parties, or simply want a second set of eyes to review a report before you send it to the ministry, give us a call.
Our health and safety experts at Peninsula are happy to help guide you in the right direction or review a notice to ensure it’s in compliance with the OHSA and Ministry of Labour regulations and standards.
We understand how overwhelming workplace injury, illness, or death can be. Let our experts help you ensure you’re doing your part to comply with Ontario’s health and safety regulations and prevent future incidents from occurring. Call us at 1-888-216-2550.