In Ontario, the short answer is “yes”. Under the Ontario Occupational Health and Safety Act (OHSA) employers must ensure there is a Health and Safety Representative (HSR) in the workplace where 6 or more workers are regularly employed. This includes management, part-time employees, temporary or seasonal employees on payroll.
If you have 20+ workers, you are required to have a Joint Health and Safety Committee.
What if all employees work remotely – Is an HSR still required?
With the introduction of Bill 190, Working for Workers Five Act, 2024 the Ontario Government has proposed amendments to the OHSA that will extend the application to telework performed in private residence(s). Given this is change is likely to occur, we highly recommend that employers take the steps now to have an HSR in the workplace.
Employers should also consider developing an inspection process for their remote employees. Potential hazards for remote work include, but are not limited to:
- Musculoskeletal Disorders (MSDs) due to poor ergonomics
- Slip, trips and falls
- Mental health disorders associated with remote work
It’s recommended that employers provide tools such as workstation set-up checklists, mental health resources and ergonomic training to ensure a healthy, safe and productive remote work environment. Employers should also keep records of these documents and ensure that they are signed by both the manager and employee.
What are the responsibilities of an HSR?
The role of the HSR is to support health and safety in the workplace. Their responsibilities include:
- Inspect the workplace at least once a month using a customized workplace inspection checklist.
- Identify actual and potential workplace hazards; assist in completing a workplace risk assessment.
- Be consulted about all workplace health and safety testing, policies, programs, and training.
- Provide recommendations to the employer on how to improve health and safety in the workplace.
- Participate in the first and second stage work refusal investigations and inspect the workplace when there are critical injuries or a fatal accident.
- Be available to accompany a Ministry of Labour Inspector, or a Training and Skills Development Inspector should they visit the premises for a physical inspection.
How do I select an HSR in the workplace?
The HSR must be selected by the workers and this person cannot be a member of management or exercise managerial functions. As the employer, you must provide the workers an opportunity to select their worker representative. One way to do that is to have workers nominate their peers and then vote on a candidate.
Once selected, the name of the HSR (and contact information) must be posted on your Health and Safety Board and this individual should receive HSR Basic Training.
Does the HSR require specialized training?
Yes! There are a number of HSR Basic Training programs offered by workplace safety services. Typically, this is an online training takes one day to complete and all that is required is a computer and a secure internet connection. This basic training includes:
- Occupational health and safety law;
- Rights, duties and responsibilities of workplace parties, including the HSR;
- Common workplace hazards, RACE methodology of hazard controls (recognition, assessment, control and evaluation, and applying RACE to a workplace hazard; and,
- Health and safety resources available to workplace parties.
For more information regarding HSR Basic training, or how to set up an HSR in your workplace, please contact us directly at info@culturedhr.com. Also, be sure to check out our Resources Page for our free Health and Safety Representative General Guidebook on to get started today!
