New Worker Orientation Awareness

No. Reprisals against workers for exercising OHS rights are prohibited in every Canadian jurisdiction. If you have reasonable cause to believe work is likely to endanger your health or safety, you must stop the task, notify your supervisor, and stay on site while the supervisor investigates - you may be assigned alternative work during that process, but you cannot be dismissed. In Ontario the right is protected under Section 43 of the OHSA; in BC under Part 3 Division 4 of the Workers Compensation Act; in Alberta under Section 31 of the OHS Act; and federally under Section 128 of the Canada Labour Code. If you believe you have been disciplined or threatened for a legitimate refusal, you can file a complaint with your provincial OHS regulator.

Across all Canadian jurisdictions, employers have a general duty to provide information, instruction, and supervision before workers begin any hazardous task - this is not discretionary. At minimum, employers must inform workers of all known hazards in the work area before work begins, provide WHMIS 2015 training for any hazardous products the worker may encounter, supply access to Safety Data Sheets (SDSs) in a language the worker understands, and ensure equipment is in safe working condition before use. Supervisors are also independently obligated to advise workers of hazards before they start new tasks. Failing to provide this training exposes both the employer and supervisor to personal liability under provincial OHS legislation and, in cases involving serious injury or death, under Bill C-45 of the Criminal Code of Canada.

A single serious incident can qualify as workplace harassment under Canadian OHS law - repeated behaviour is not required. Harassment is defined as conduct that a person knows or ought reasonably to know would cause a worker to feel humiliated, intimidated, or demeaned, and that constitutes or contributes to a risk to the worker's health or safety. This is an OHS issue, not just an HR matter: every employer is legally required to maintain a written violence and harassment prevention policy, conduct a workplace risk assessment, and investigate every complaint - no complaint may be dismissed without investigation. Federally regulated workers are covered by the Work Place Harassment and Violence Prevention Regulations (SOR/2020-130), which came into force January 1, 2021; Ontario workers are covered under Sections 32.0.1 through 32.0.7 of the OHSA.

All injuries - however minor - must be reported to a supervisor immediately. For critical injuries (amputations, fractures, serious burns, loss of consciousness, or hospital admission) and fatalities, the employer must also notify the provincial OHS regulator immediately, before the scene is disturbed. The scene of a critical injury or fatality must be preserved exactly as found until the regulator completes their inspection - moving equipment or materials before that inspection is a legal violation. Specific reporting obligations are found in Ontario OHSA Section 51, BC OHS Regulation Section 3.3, and Alberta OHS Act Section 40. Workers who fail to report incidents at all - including near-misses - may also lose eligibility for workers' compensation coverage if the injury worsens later.

Under all provincial and federal OHS legislation, workers are legally required to follow established safe work procedures, use required PPE correctly, report hazardous conditions and all injuries or near-misses to a supervisor immediately, not operate equipment they have not been trained on, and not work while impaired by alcohol or drugs. Workers must also take reasonable care for their own safety and the safety of others - this includes asking questions when unsure how to do a task safely and not removing or bypassing safety guards. Worker obligations are codified in Ontario OHSA Section 28, BC Workers Compensation Act Section 116, and Alberta OHS Act Section 13, and equivalent provisions exist across all jurisdictions. Violations can result in fines, and workers who contribute to a serious injury through failure to meet these duties can face legal accountability.