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Health and Safety

Preparing for Health and Safety Inspection Blitzes in Ontario 

Health and safety inspections in Ontario 

Occupational health and safety (OHS) inspectors from the Ontario Ministry of Labour, Immigration, Training and Skills Development (MLITSD) visit workplaces to ensure compliance with the Occupational Health and Safety Act (OHSA). Inspections can be proactive or reactive: 

  • Proactive visits focus on raising awareness about workplace hazards, educating parties on their rights and responsibilities, promoting internal responsibility systems, and verifying compliance with health and safety laws. 
  • Reactive visits are triggered by incidents like fatalities, critical injuries, work refusals, complaints, occupational illnesses, or other workplace safety concerns. 

Noncompliance uncovered during inspections can result in penalties, stop-work orders, fines, or even criminal charges for severe violations. This blogpost highlights upcoming MLITSD inspection initiatives and offers strategies to help health and safety professionals prepare for an inspection, even if they believe an inspector is unlikely to visit their operations. 

Health and safety inspection blitzes 

The MLITSD regularly conducts health and safety compliance campaigns and initiatives that focus on specific sectors and hazards. After a period of promotion and awareness, MLITSD inspectors perform random field visits to verify compliance with the OHSA and its regulations. In accordance with the Health and Safety Inspection Compliance Plans, employers in the construction, healthcare, industrial, and mining sectors should plan for OHS inspectors to visit. There is also a special focus on vulnerable workers. 

Refer to the MLITSD website for more information on the compliance initiatives for each sector: 

It’s worth noting that inspectors are not restricted to the topics outlined in compliance plans. They can enforce the OHSA and its regulations based on the conditions they observe at any workplace. 

Penalties for noncompliance 

Violations of the OHSA can lead to substantial fines and even criminal charges, depending on their severity. The penalty varies based on the offence, its seriousness, and the employer’s history of violations. 

Here are some examples of potential penalties Ontario organizations can face for non-compliance with the OHSA. 

  • St. Catharines manufacturer fined $275,000, and a 25 percent victim surcharge fine was imposed: The company failed to take all reasonable precautions, and a worker was injured when a CNC machine moved while they were performing maintenance. 
  • Mississauga industrial bakery fined $55,000: A worker was seriously injured due to inadequate guarding on an industrial oven. 
  • Brampton heat-treating company fined $144,000: A flash fire occurred during a furnace restart and injured two workers due to a lack of reasonable precautions. 

Further examples can be found on the MLITSD newsroom website. 

MLITSD health and safety inspectors 

Cooperation is mandatory 

Employers and their employees must cooperate with inspectors and cannot obstruct or interfere with their work in any way. Failing to comply, providing false information, or obstructing an inspection can result in further legal consequences. By understanding the role and powers of inspectors, workplaces can better align with safety legislation and foster a safe environment for everyone. 

Role and powers of MLITSD inspectors 

MLITSD inspectors play a crucial role in enforcing the OHSA and ensuring safe workplaces. They may collaborate with professionals like engineers, doctors, or other occupational specialists to fulfil their duties. 

Here’s a brief overview of their powers and responsibilities. 

Key responsibilities 

  • Conduct inspections: Inspectors conduct workplace inspections to ensure compliance with the OHSA and its regulations, and to address occupational health and safety concerns. 
  • Issuing orders: They can issue orders for compliance, including stop-work orders. 
  • Investigations: Inspectors handle incidents like critical injuries, fatalities, and complaints. 

Powers of an inspector 

An inspector is permitted to: 

  • Enter workplaces without a warrant or prior notice; 
  • Question individuals during inspections; 
  • Test equipment, take samples, and review or copy documents; 
  • Take notes, photographs, videos, and measurements; 
  • Require operations or systems to be evaluated; 
  • Mandate further reports on machinery or workplace safety (at the employer’s expense); and 
  • Order work to stop if immediate hazards or materials are identified. 

Effectively responding to a health and safety inspection 

With ongoing MLITSD inspection blitzes and new compliance initiatives launching each year, an employer’s best strategy for responding to an inspection is preparation. Disorganized safety documents, incomplete training records, and missing signatures on essential documentation often lead to penalties, inspection orders, and legal issues, and can even harm an organization’s reputation long after an inspection ends. To minimize these risks, employers should adopt proactive measures, such as performing their own safety inspections, risk assessments, maintaining clear recordkeeping protocols, and designating key contacts. These steps can help prevent costly penalties, stop-work orders, and legal complications. 

How to prepare for an MLITSD safety inspection 

Prioritize compliance and proactive occupational health and safety 

Taking proactive steps is the best way to avoid compliance issues, stop-work orders, or prosecutions under the OHSA. By building a strong safety culture and following current best practices, you can stay prepared, even for unexpected inspections. While there is no way to fully guarantee perfect continuous compliance, proactively maintaining a customized workplace-specific OHS program greatly improves your ability to address safety issues and maintain compliance. Employers, supervisors, and other leaders should prioritize proactive safety inspections, risk assessments, maintaining compliance strategies, promptly addressing incidents, and keeping thorough records of all safety actions. A forward-thinking approach both reduces risks during routine inspections and promotes a safer and more efficient workplace. Remember, preparation is always better than reaction. 

Tips for getting your organization inspection-ready 

Employers can reduce risks and ensure a quick response during an OHS inspection by an MLITSD inspector by taking these proactive steps. 

  • Have documentation inspection-ready: Keep injury logs, hazard assessments, and training records up to date. Inspectors will ask for these materials, and in many situations, having documentation easily accessible to all workers is legislatively required. 
  • Fix hazards quickly: Immediately address any issues identified in past risk assessments or incident reports to prevent reoccurrences. 
  • Document everything: Record inspection results, incident logs, and follow-up actions to show compliance and to create resources for addressing future issues. Always retain documents in a secure but accessible location. 
  • Use past risk assessments and internal safety inspections to improve health and safety: Conduct internal safety inspections and risk assessments and use them as a guide to enhance safety practices, decrease incidents, and enhance training. 
  • Leverage professional guidance and health and safety advice: Seek the advice of an employment lawyer or a trusted health and safety professional for guidance and support with regulations. 
  • Understand appeal rights: Every employer has the right to file an appeal with the Ontario Labour Relations Board. When preparing your health and safety program, ensure you understand the appeal process. 
  • Seek HR and legal guidance: Unsure about appeals or facing an upcoming inspection? Consult a trusted HR professional or an employment lawyer for advice on responding to and appealing orders from MLITSD inspections. 

Need help getting your training records and health and safety documents inspection-ready? 

Managing employees, growing your business, and staying compliant with evolving legislation is a lot for anyone to handle. So let us support your HR strategy or health and safety program with solutions that thousands of Canadian businesses rely on to keep their workers safe every day. Our software helps your HR and health and safety leaders succeed, ensuring compliance and helping you keep essential records inspection-ready. With our conveniently priced packages, Citation Canada clients can access: 

  • Compliant content and templates: Access essential documents, templates, risk assessments, SOPs, and more, each customized to your needs and managed from a single, secure platform. 
  • Health and safety training: Enhance your OHS program with online training courses for your team, track their progress, and manage signoffs with ease. 
  • Live and onsite support: Get trusted guidance from OHS professionals with experience across multiple industries when you need it. 

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