Great questions.
1. CAN YOU REDACT: PROBABLY NOT
First, I think it’s clear that the reports you submit to MOL and WSIB must include ALL of the required information. But what about the JHSC’ Names and physicians of incident victims is personal information protected by privacy laws, meaning you can’t disclose it without consent. However, exceptions apply, like when disclosure is required by regulation. I’ve seen OHS reporting requirements in other jurisdictions that require employers to redact the names and identifying information of victims of certain types of incidents in the copy of the report given to the JHSC. Unfortunately, Ontario doesn’t say this. I think it should. But it doesn’t. So, redacting that information would likely violate the OHS Act and reporting regulation.
2. CAN YOU LIMIT DISCLOSURE TO CHAIRS: NO
Again, there are many jurisdictions where employers need give a copy of the incident report only to the JHSC co-chairs. But the Ontario rules require notifying “the committee.” So, I don’t think there’s any basis for just giving the report to co-chairs.
Man, this is frustrating because I think the Ontario laws are overly broad and compromise workers’ privacy. Of course, this is just a personal opinion and it could be wrong. It might be worth running the question past somebody from the MOL or WSIB to get their take.
