OHS laws don’t mention telecommuters but do contain language that could be interpreted as addressing them indirectly. Here are the parts of the OHS law in your province or territory that could apply to telecommuters:
FEDERAL: Imposes specific duties on employers with regard to workplaces controlled by the employer and, with respect to work activity carried out by a worker in a workplace not controlled by the employer, to the extent that the employer controls the activity [Canada Labour Code, Sec. 125(1)].
ALBERTA: Defines “occupation” to exclude work in, to or around a private dwelling performed by the dwelling’s owner or occupant [OHS Act, Sec. 1(s)(ii)] and “work site” as a location where a worker is or is likely to be engaged in any occupation [Sec. 1(cc)]. Bulletin from Alberta Employment and Immigration confirms that Alberta OHS laws do not apply to telecommuters and their home workplaces [Application of Alberta’s OHS Legislation to Workers Working from Home, http://employment.alberta.ca/documents/WHS/WHS-PUB_li028.pdf].
BRITISH COLUMBIA: Doesn’t directly address telecommuters in OHS laws. But definitions of “worker” (a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise [Workers’ Compensation Act, Sec. 1]) and “workplace” (any place where a worker is or is likely to be engaged in any work and includes any vessel, vehicle or mobile equipment used by a worker in work [Sec. 106]) could apply to telecommuters and their home offices.
MANITOBA: Doesn’t directly address telecommuters in OHS laws. But definitions of “worker” (any person who is employed by an employer to perform a service whether for gain or reward, or hope of gain or reward or not [Workplace Safety and Health Act, Sec. 1]) and “workplace” (any building, site, workshop, structure, mine, mobile vehicle, or any other premises or location whether indoors or outdoors in which one or more workers, or self-employed persons, are engaged in work or have worked [Sec. 1]) could apply to telecommuters and their home offices.
NEW BRUNSWICK: Says that the OHS Act doesn’t apply to a place of employment that’s a private home unless the work that’s carried on has been contracted to the employer of one or more persons employed at that home [OHS Act, Sec. 3(1)].
NEWFOUNDLAND/LABRADOR: Doesn’t directly address telecommuters in OHS laws. But definitions of “worker” (a person engaged in an occupation [OHS Act, Sec. 2(m)]) and “workplace” (a place where a worker or self-employed person is engaged in an occupation and includes a vehicle or mobile equipment used by a worker in an occupation (Sec. 2(n)]) could apply to telecommuters and their home offices.
NORTHWEST TERRITORIES/NUNAVUT: Doesn’t directly address telecommuters in OHS laws. But definitions of “worker” (a person engaged in work for an employer, whether working with or without remuneration [Safety Act, Sec. 1]) and “work site” (a location where a worker is, or is likely to be, engaged in work, or a thing at, on, in or near which a worker is, or is likely to be, engaged in work [Sec. 1]) could apply to telecommuters and their home offices.
NOVA SCOTIA: Guide to OHS laws states that “employers are held responsible for health and safety at all places where their employees work. This includes the employees’ homes” [Reference Guide to the Occupational Safety General Regulations, www.gov.ns.ca/lwd/healthandsafety/docs/OccupSafetyGenRegRefGuide.pdf].
ONTARIO: Says that the OHS Act doesn’t apply to work performed by the owner or occupant or a servant of the owner or occupant to, in or about a private residence or the lands and appurtenances used in connection therewith [OHS Act, Sec. 3(1)]. Only MOL guidance on Sec. 3(1) addresses construction work and not telecommuting arrangements [MOL FAQ, www.labour.gov.on.ca/english/hs/guidelines/constructor/cons_3.html].
PRINCE EDWARD ISLAND: Doesn’t directly address telecommuters in OHS laws. But definitions of “worker” (a person employed in a workplace [OHS Act, Sec. 1(x)(i)]) and “workplace” (a place where a worker is or is likely to be engaged in an occupation and includes a vehicle, fishing vessel or mobile equipment used or likely to be used by a worker in an occupation [Sec. 1(y)]) could apply to telecommuters and their home offices.
QUÉBEC: Doesn’t directly address telecommuters in OHS laws. But definitions of “worker” (a person, including a student in the cases determined by regulation, who, under a contract of employment or a contract of apprenticeship, even without remuneration, carries out work for an employer [An Act Respecting Occupational Health and Safety, Sec. 1]) and “workplace” (any place in or at which a person is required to be present out of or in the course of work, including an establishment and a construction site [Sec. 1]) could apply to telecommuters and their home offices.
SASKATCHEWAN: Doesn’t directly address telecommuters in OHS laws. But definitions of “worker” (a person who is engaged in an occupation in the service of an employer [OHS Act, Sec. 2(ff)]), “worksite” (an area at a place of employment where a worker works or is required or permitted to be present [Sec. 2(gg)]) and “place of employment” (any plant—that is, any premises, site, land, mine, water, structure, fixture or equipment employed or used in the carrying on of an occupation—in or on which one or more workers or self-employed persons work, usually work or have worked [Sec. 2(w)]) could apply to telecommuters and their home offices.
YUKON: Says that the OHS Act doesn’t apply to work performed by the owner or occupant in or about a private residence or the lands and appurtenances used in connection therewith [OHS Act, Sec. 2(2)].
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