Who inspectors are
Occupational health and safety inspectors enforce the Occupational Health and Safety Act (OHSA) and make sure workplace parties maintain an effective Internal Responsibility System (IRS). The IRS reflects the philosophy behind the OHSA: all workplace parties share responsibility for workplace health and safety.
Inspectors are also trained in the specific regulations under the OHSA. All inspectors complete a nine-month program of classroom training and field experience with a qualified inspector, plus training on the regulations for their program (construction, mining, health care, industrial or diving). A manual of policies and procedures supports their enforcement work.
The Ministry of Labour also employs specialists who may join an inspector during an inspection or investigation, including engineers, hygienists, doctors, ergonomists and radiation experts.
Powers of an inspector
Inspectors have broad powers under section 54 of the OHSA to monitor compliance by employers and workers. Under section 54(1)(a), an inspector may enter any workplace without a warrant or notice, and by law you must let them in to conduct an inspection or investigation.
Once an inspection or investigation has begun, an inspector may:
- question any person
- handle, use or test any equipment, machinery, material or agent in the workplace, and take samples
- look at any documents or records and take them away to make copies
- take photographs
For all of an inspector's powers, see Part VIII of the Guide to the Occupational Health and Safety Act.
What happens during a visit
Visits are usually unannounced, and the inspector must be allowed into all areas of the workplace. The inspector will introduce themselves and ask to speak with the most senior manager available and/or the workplace's health and safety contact, and may ask for a worker safety representative. If they aren't available, the inspector may do a limited inspection based on the information available or come back later that day or the next day.
The inspector will first check that the documents required under the OHSA are in place: the employer's written occupational health and safety policy, the workplace violence and harassment policy and the health and safety awareness poster. These must be posted where all employees can see them. The inspector may ask for other documents showing that workers have received information and instruction on their tasks, ask to see where documents are posted, and check that a copy of the Act and regulations is displayed.
The inspector will then inspect the workplace to see whether workplace parties are maintaining a safe work environment and complying with the OHSA and its regulations, based on the facts they find.
Enforcement tools
Compliance orders describe what the employer must do to meet specific legal requirements. Where there is an immediate risk of injury, a stop-work order prevents work from continuing until compliance is achieved. Inspectors can also issue tickets under the Provincial Offences Act or start a prosecution. Orders may be:
- time based: a deadline is set to comply
- time unknown: no deadline is set; this type of order will result in a "stop work" or "plan", and the inspector will explain what compliance requires
- forthwith: the contravention is corrected during the inspector's visit
With any orders, the inspector provides a Notice of Compliance. The employer and the health and safety representative or a JHSC member complete and sign it, and the worker representative checks a box beside each order to show whether they agree it has been complied with. Once the Notice of Compliance is sent to the inspector, a copy of the field visit report must be posted in the workplace and given to the worker representative and the JHSC.
Disputing or appealing an order
If you disagree with how an inspector handled a situation, or with an order, contact the inspector's manager. The office information is at the bottom of the workplace visit report.
Under the OHSA, anyone affected by an inspector's decision, including a worker or a union, may appeal to the Ontario Labour Relations Board (OLRB) within 30 days. The OLRB can suspend the order while the appeal is decided. It has all the powers of an inspector and can uphold the order, rescind it or issue a new one. Its decision is final.