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What Constitutes a Workplace?

OHS laws require you to take measures to control health and safety hazards “in the workplace.” What you might not realize is that the word “workplace” goes beyond the 4 corners of the physical facility to include any location in which workers may be expected to carry out their job duties, including not just off-site places but also company vehicles. Here’s how each jurisdiction defines what a workplace is.

 

What Is a “Workplace” Covered by OHS Laws’

 

FEDERAL: “Work place” means any place where an employee is engaged in work for the employee’s employer (Canada Labour Code, Sec 122(1))

 

ALBERTA: “Work site” means a location where a worker is, or is likely to be, engaged in any occupation and includes any vehicle or mobile equipment used by a worker in an occupation (OHS Act, Sec. 1(bbb))

 

BC: “Workplace” means 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 (Workers’ Comp Act, Sec. 106)

 

MANITOBA: “Workplace” means 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 (Workplace Safety & Health Act, Sec. 1)

 

NEW BRUNSWICK: “Place of employment” means any building, structure, premises, water or land where work is carried on by one or more employees, and includes a project site, a mine, a ferry, a train and any vehicle used or likely to be used by an employee (OHS Act, Sec. 1)

 

NEWFOUNDLAND: “Workplace” means 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 (OHS Act, Sec. 2(n))

 

NOVA SCOTIA: “Workplace” means any place where an employee or a self-employed person is or is likely to be engaged in any occupation and includes any vehicle or mobile equipment used or likely to be used by an employee or a self-employed person in an occupation (OHS Act, Sec. 3(ah))

 

ONTARIO: “Workplace” means any land, premises, location or thing at, upon, in or near which a worker works (OHS Act, Sec. 1)

 

PRINCE EDWARD ISLAND: “Workplace” means 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 (OHS Act, Sec. 1(y))

 

QUBEC: “Workplace” means 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 (Occup. health and safety, act respecting, Sec. 1)

 

SASKATCHEWAN: “Worksite” means an area at a place of employment where a worker works or is required or permitted to be present (Sask. Emp. Act, Sec. 3-1(hh)); “Place of employment” means any plant in or on which one or more workers or self-employed persons work, usually work or have worked (Sask. Emp. Act, Sec. 3-1(v))

 

NORTHWEST TERRITORIES & NUNAVUT: “Work site” means 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 (Safety Act, Sec. 1)

 

YUKON: “Workplace” means a place where a worker is engaged in work (OHS Regs., Sec. 1.2)