Inspection and Incident Reporting – Know The Laws of Your Province

Workplace inspections and incident reporting are essential practices for maintaining a safe and compliant work environment. Inspections involve regular, systematic assessments of tools, equipment, facilities, and processes to identify potential hazards and ensure safety standards are met. They not only help in spotting risks but also support proactive measures to prevent accidents.

On the other hand, Incident Reporting is the process of documenting any accidents, near-misses, or unsafe conditions. This creates an official record that aids in understanding what happened, why it happened, and what corrective actions are needed to prevent recurrence.

Together, regular inspections and prompt incident reporting promote a culture of safety, enabling teams to address issues early, enhance compliance, and protect everyone in the workplace.

In Alberta, employers must adhere to the Occupational Health and Safety (OHS) Act for both inspections and incident reporting pursuant to Sections 34(1), 33(1) and 55(1).

Inspection

(1) For the purposes of this Act, an officer may:

(a) at any reasonable hour and without warrant, enter into or on any work site and inspect that work site except for a premises used as a private dwelling,

(b) subject to section 31(6), require the production of any records, books, plans or other documents, including electronic documents, that relate to the health and safety of workers and may examine them, make copies of them or remove them temporarily for the purpose of making copies,

(c) use data storage, information processing or retrieval devices or systems that are used by an employer in order to examine records, books, plans or other documents,

(d) require any person to provide the officer with all reasonable assistance, including using any computer hardware or software or any other data storage, processing or retrieval device or system to produce information,

(e) inspect, seize or take samples of any material, product, equipment or other thing being produced, used or found in or on the work site that is being inspected,

(f) cause any material, product, equipment or other thing taken pursuant to clause (e) to be dismantled or subjected to any process or test, but not in such manner as to damage or destroy it, unless under the circumstances damage or destruction thereto is unavoidable or necessary,

(g) bring along equipment or materials needed and be accompanied and assisted by a person who has special, expert or professional knowledge of a matter relevant to the inspection,

(h) make tests and take photographs, measurements or recordings in respect of any work site,

(i) require the employer or a person designated by the employer to demonstrate the use of any machinery, personal protective equipment, equipment, appliance or thing at a work site, and

(j) interview and obtain statements from persons at the work site or persons not located at the work site who have information related to the health and safety of workers at the work site.

(2) Notwithstanding subsection (1)(a), an officer may enter and examine a room or place used as a private dwelling that is a work site only if:

(a) the owner or person in possession of it consents to the entry and examination, or

(b) the entry and examination is authorized by a judge under subsection (3). Section 34.

Compliance and Enforcement – Reporting procedures

(1) When an injury or incident described in subsection (2) occurs at a work site or an illness described in subsection (2) occurs in connection with a work site, the prime contractor or, if there is no prime contractor, the employer shall report the time, place and nature of the injury, illness or incident to a Director as soon as possible.

(2) The injuries, illnesses and incidents to be reported under subsection (1) are:

(a) an injury, illness or incident that results in the death of a worker,

(b) an injury, illness or incident in which there is reason to believe the worker has been or will be admitted to a hospital beyond treatment in an emergency room or urgent care facility,

(c) an unplanned or uncontrolled explosion, fire or flood that causes a serious injury or illness or that has the potential of causing a serious injury or illness,

(d) the collapse or upset of a crane, derrick or hoist, and

(e) the collapse or failure of any component of a building or structure necessary for the structural integrity of the building or structure.

(3) If an incident specified in the OHS Code occurs at a mine or mine site, the prime contractor or, if there is no prime contractor, the employer shall make a report to a Director of the time, place and nature of the incident as soon as possible.

(4) The prime contractor or, if there is no prime contractor, the employer shall make a report as soon as possible to a Director of the time, place and nature of any worker exposure to radiation in excess over the maximum limits prescribed in the OHS Code.

(6) If an injury, illness or incident referred to in subsection (2) or (3) or worker exposure referred to in subsection (4) occurs at a work site, the prime contractor or, if there is no prime contractor, the employer shall:

(b) prepare a report outlining the circumstances of the injury, illness, incident or worker exposure and the corrective action, if any, undertaken to prevent a recurrence of the injury, illness, incident or worker exposure,

(c) ensure that a copy of the report is readily available and provided to an officer on demand, and

(d) provide a copy of the report to a Director, the joint health and safety committee, if there is one, or health and safety representative, if there is one, or, if there is no committee or representative, make it available to workers once the investigation is complete.

(7) The prime contractor or employer who prepared the report referred to in subsection (6)(b) shall retain the report for at least 2 years after the injury, illness, incident or worker exposure at the work site.

(8) A report prepared under this section is not admissible as evidence for any purpose in a trial arising out of the injury, illness, incident or worker exposure, an investigation or public inquiry under the Fatality Inquiries Act or any other action as defined in the Alberta Evidence Act, except in a prosecution for perjury or for the giving of contradictory evidence. Section 33(1).

For more information:

  • PART 10 – Posting Orders, reports, plans and procedures. Section 55(1).

Further details on the Occupational Health And Safety Code can be found at Kings-printer.Alberta.ca.

In British Columbia, employers must adhere to WorkSafeBC regulations regarding inspections and incident reporting pursuant to Sections 75, 82, and 107.

Authority to conduct inspections

(1) An officer of the Board may enter a place, including a vehicle, vessel or mobile equipment, and conduct an inspection for one or more of the following purposes:

(a) preventing work-related accidents, injuries or illnesses;

(b) ascertaining the cause and particulars of a work-related accident, injury or illness or of an incident that had the potential to cause a work-related accident, injury or illness;

(c) investigating a complaint concerning health, safety or occupational environment matters at a workplace;

(d) determining whether there is compliance with the OHS provisions, the regulations or an order;

(e) determining whether to issue, suspend or cancel a licence under Division 8.1 [Licensing in Relation to Asbestos Abatement] of this Part or determining whether a licensee meets or follows the terms or conditions of such a licence.

(2) An inspection may be conducted:

(a) at a reasonable hour of the day or night, or

(b) at any other time if the officer has reasonable grounds for believing that a situation exists that is or may be hazardous to workers.

(3) An officer may do one or more of the following for the purposes of an inspection under this Division:

(a) bring along any equipment or materials required for the inspection and be accompanied and assisted by a person who has special, expert or professional knowledge of a matter relevant to the inspection;

(b) inspect works, materials, products, tools, equipment, machines, devices or other things at the place;

(c) take samples and conduct tests of materials, products, tools, equipment, machines, devices or other things being produced, used or found at the place, including tests in which a sample is destroyed;

(d) require that a workplace or part of a workplace not be disturbed for a reasonable period;

(e) require that a tool, equipment, machine, device or other thing or process be operated or set in motion or that a system or procedure be carried out;

(f) inspect records that may be relevant and, on giving a receipt for a record, temporarily remove the record to make copies or extracts;

(g) require a person to produce records within a reasonable time in the person’s possession or control that may be relevant;

(h) question persons with respect to matters that may be relevant, require persons to attend to answer questions and require questions to be answered on oath or affirmation;

(i) take photographs or recordings of the workplace and activities taking place in the workplace;

(j) attend a relevant training program of an employer;

(k) exercise other powers that may be necessary or incidental to the carrying out of the officer’s duties and functions under the OHS provisions or the regulations.

(4) The authority to conduct an inspection under this Division is not limited by any other OHS provision or by any regulations giving specific authority in relation to the inspection.

(5) If an officer of the Board requests this, a peace officer may assist the Board officer in carrying out that officer’s duties and functions under the OHS provisions or the regulations. Section 75.

Employer must post inspection reports

If an officer makes a written report to an employer relating to an inspection, whether or not the report includes an order, the employer must promptly:

(a) post the report at the workplace to which it relates, and

(b) give a copy of the report to the joint committee or worker health and safety representative, as applicable. Section 82.

Costs of investigations, inspections and other services

(1) The Board may charge a class or subclass with the cost of investigations, inspections and other services provided to the class or subclass for the prevention of injuries and illnesses.

(2) A charge under subsection (1) may be levied on the class or subclass by way of an assessment. Section 107.

For more information:

  • Restrictions on access to private residences. Section 76.
  • Officer must produce credentials on request. Section 77.
  • Representation an inspection. Section 78.

Further details on the EMPLOYMENT STANDARDS ACT can be found at BClaws.gov.bc.ca.

 

In Manitoba, employers must comply with the Workplace Safety and Health (WSH) Act for inspections and incident reporting pursuant to Sections 2.4(1), 2.4(2), 3.2.2, 23, 13.1, 17.1(3), 35(1), 41.2.

Inspections of Workplace

An employer must:

(a) ensure that regular inspections of the workplace and of work processes and procedures at the workplace are conducted to identify any risk to the safety or health of any person at the workplace; and

(b) if a risk is identified, correct any unsafe condition as soon as is reasonably practicable and, in the interim, take immediate steps to protect the safety and health of any person who may be at risk. Section 2.4(1).

A prime contractor must:

(a) ensure that regular inspections of the construction project site and the work processes and procedures at the site are conducted to identify any risk to the safety or health of any person at the site; and

(b) if a risk is identified, ensure that any unsafe condition is corrected as soon as is reasonably practicable, and in the interim, ensure that immediate steps are taken to protect the safety and health of any person who may be at risk. Section 2.4(2).

Committee inspection of workplace

The members of a committee must inspect the workplace and the work processes and procedures at the workplace at least once before each regularly scheduled meeting of the committee. Section 3.2.2.

Duties of safety and health officers

A safety and health officer shall:

(a) make such inspections and inquiries, and carry out such tests, as he deems necessary to ascertain whether compliance is being made with the provisions of this Act and the regulations; and

(b) carry out such other duties as may be assigned to safety and health officers under this Act or the regulations. Section 23.

Public reporting of orders and penalties

The director may issue public reports disclosing details of improvement orders, stop work orders and administrative penalties made or imposed under this Act. The reports may disclose personal information as defined in The Freedom of Information and Protection of Privacy Act. Sections 13.1.

Reporting compliance with improvement orders

The person against whom an improvement order is made shall:

(a) within seven days after the expiry of the period specified in the order or any extension thereof prepare a written report on the measures taken to remedy the contravention and on any measures yet to be taken;

(b) send a copy of the report to the workplace safety and health officer who made the order;

(c) provide a copy of the report to the workplace safety and health committee for the workplace with respect to which the order was made or to the worker safety and health representative, if no safety and health committee exists; and

(d) post, in a prominent place at or near the workplace, a copy of the report if there is no safety and health committee or a worker safety and health representative for the workplace.

Achieving compliance with improvement orders 35(2) Despite the submission of a report under subsection (1), the report is not determinative of whether or not the improvement order has been complied with. The person against whom an improvement order is made only achieves compliance with the order when an officer determines that compliance has been achieved. Section 35(1).

Information on request for report for report

If requested by a committee or a representative, or a worker if there is no committee or representative, the employer or prime contractor must disclose the following to the committee, representative or worker:

(a) information concerning the testing of any equipment, device or chemical or biological substance used at a workplace;

(b) an inspection or investigation report respecting safety and health at the workplace, other than a harassment investigation report;

(c) a report respecting workplace safety and health monitoring or audits;

(d) a report providing summary information on the results of a harassment investigation, without disclosing the circumstances relating to the complaint or any information that could identify a worker or other person involved with the matter. Section 41.2.

For more information:

  • Reporting a refusal. Section 43(2).
  • Reporting of dangerous condition to an officer. Section 43.1(1).
  • Order by officer. Section 43.1(3).
  • Investigation and report required for needlestick incident. Section 45.1(4).
  • Reports by physicians. Section 51(2).
  • Reports by hospitals. Section 51(2).
  • Responsibilities of chief prevention officer. Section 17.1(3).

Further details on the Manitoba Workplace Safety and Health Act and Regulation can be found at Manitobanurses.ca.

In New Brunswick, under the Occupational Health and Safety (OHS) Act, employers have specific responsibilities for inspections and incident reporting pursuant to sections 8.1(1), 43, 9.

Establishment of health and safety program

Every employer with 20 or more employees regularly employed in the Province shall establish and implement a written health and safety program, in consultation with the committee or the health and safety representative, that includes provisions with respect to the following matters:

(a) the training and supervision of the employees in matters necessary to their health and safety;

(b) the preparation of written work procedures and codes of practice for the implementation of health and safety work practices, required by this Act, the regulations or by any order made in accordance with this Act;

(c) the identification of the types of work for which the work procedures are required at the places of employment of the employer;

(d) a hazard identification system that includes:

(i) evaluation of the place of employment to identify potential hazards,

(ii) procedures and schedules for inspections, and

(iii) procedures for ensuring the reporting of hazards, prompt follow-up and control of the hazards;

(e) a system for the prompt investigation of hazardous occurrences to determine their causes and the actions needed to prevent recurrences;

(f) a record management system that includes reports of employee training, accident statistics, work procedures and health and safety inspections, maintenance, follow-up and investigations; and

(g) monitoring the implementation and effectiveness of the program. Section 8.1(1).

Notices to Commission of Injury to Employee or Accidental Explosion or Exposure

(1) The employer shall notify the Commission immediately if an employee suffers an injury resulting in:

(a) a loss of consciousness,

(b) an amputation,

(c) a fracture other than a fracture to fingers or toes,

(d) a burn that requires medical attention,

(e) a loss of vision in one or both eyes,

(f) a deep laceration,

(g) admission to a hospital facility as an in-patient, or

(h) death.

(2) Where an injury is reported under subsection (1), the employer shall immediately give notification to the committee or to the health and safety representative.

(3) Except as otherwise ordered by an officer, no person shall disturb the scene of an accident that results in serious injury or death except as is necessary:

(a) to attend to persons injured or killed;

(b) to prevent further injuries; or

(c) to protect property that is endangered as a result of the accident.

(4) The employer shall notify the Commission immediately if:

(a) an accidental explosion or an accidental exposure to a biological, chemical or physical agent occurs at a place of employment, whether or not a person is injured, or

(b) a catastrophic event or a catastrophic equipment failure occurs at a place of employment that results, or could have resulted, in an injury.

(5) This section does not apply to a place of employment that is a vehicle if the injury or accident occurs on a public road or highway. Section 43.

First Aid Regulation – Occupational Health and Safety Act

An employee shall report an injury or illness to the employer or to a supervisor as soon as circumstances permit after the injury or at the first signs of the illness. Section 9.

Further details on the Occupational Health and Safety Act can be found at Laws.gNB.ca.

Employers in Newfoundland and Labrador must follow the Occupational Health and Safety (OHS) Act for inspection and incident reporting pursuant to Sections 39, 46, 54, and 62.

Duties of Committees

A committee established under section 37:

(a) shall seek to identify aspects of the workplace that may be unhealthy or unsafe;

(a.1) shall participate in a workplace inspection that an employer is required by the regulations to conduct;

(b) may make recommendations to principal contractors, employers, workers, self-employed persons and the assistant deputy minister or an officer for the enforcement of standards to protect the health, safety and welfare of workers at the workplace;

(c) shall receive complaints from workers as to their concerns about the health and safety of the workplace and their welfare;

(d) shall establish and promote health and safety educational programs for workers;

(e) shall maintain records as to the receipt and disposition of complaints received from workers under paragraph (c);

(f) shall co-operate with the assistant deputy minister or an officer who is exercising duties under the Act; and

(g) shall perform those other duties and follow those procedures that may be prescribed by the regulations. Section 39.

Reporting accidents

(1) Where an accident takes place at a workplace:

(a) that results in serious injury to a person or results in the death of a person; or

(b) that had, or continues to have, the reasonable potential of causing serious injury to or the death of a person the employer, or principal contractor shall immediately notify the assistant deputy minister of the accident.

(2) Where an accident is reported under subsection (1), notification shall immediately be given to the committee, the worker health and safety representative or the workplace health and safety designate.

(3) “Serious injury” means:

(a) a fracture of the skull, spine, pelvis, femur, humerus , fibula or tibia, or radius or ulna;

(b) an amputation of a major part of a hand or foot;

(c) the loss of sight of an eye;

(d) a serious internal haemorrhage;

(e) a burn that requires medical attention;

(f) an injury caused directly or indirectly by explosives;

(g) an asphyxiation or poisoning by gas resulting in a partial or total loss of physical control; or

(h) another injury likely to endanger life or cause permanent injury, but does not include injuries to a worker of a nature that may be treated through first aid or medical treatment and the worker is able to return to work either immediately after the treatment or at the worker’s next scheduled shift. Section 54.

Report to supervisor

Where a worker exercises the worker’s right to refuse to work in accordance with section 45, or where the worker believes that a tool, appliance or piece of equipment, or an aspect of the workplace is or may be dangerous to the health or safety of the worker, other workers or another person at the workplace, the worker shall immediately report it to the worker’s supervisor. Section 46.

Medical reports

(1) A medical practitioner who:

(a) attended a worker who became ill or was injured while engaged in an occupation; or

(b) performed a medical examination under section 58, shall, where requested, provide to a medical practitioner whose services the minister has obtained under section 20 the medical reports of the worker required by that medical practitioner.

(2) Notwithstanding the Personal Health Information Act, the provincial health authority shall, where requested by a medical practitioner whose services the minister has obtained under section 20, provide to that medical practitioner those records prepared by the provincial health authority required by that medical practitioner that relate to the medical treatment given to a worker who became ill or was injured while engaged in an occupation. Section 62.

Further details on the Occupational Health and Safety Act can be found at Assembly.NL.ca.

Employers in Nova Scotia must follow the Occupational Health and Safety (OHS) Act for inspection and incident reporting according to Sections 47 to 52.

Inspection Powers of Officers

For the purpose of ensuring compliance with this Act and the regulations and any order made thereunder, an officer may:

(a) at a reasonable hour of the day or night enter and inspect a workplace, conduct tests and make such examinations as the officer considers necessary or advisable;

(b) require the production of records, drawings, specifications, books, plans or other documents in the possession of the employer that relate to the workplace or the health and safety of employees or other persons at the workplace and remove them temporarily for the purpose of making copies;

(c) require the production of documents or records that may be relevant to the investigation of a complaint pursuant to subsection 46(1), and remove them temporarily for the purpose of making copies;

(d) take photographs or recordings of the workplace and any activity taking place in the workplace;

(e) make any examination, investigation or inquiry as the officer considers necessary to ascertain whether there is compliance with this Act and the regulations and any order made under them;

(f) inspect, take samples, and conduct tests of samples, including tests in which a sample is destroyed, of any material, product, tool, equipment, machine or device being produced, used or found at the workplace for which the officer shall be responsible, except for a sample that has been destroyed, until the material, product, tool, equipment, machine or device is returned to the person being inspected;

(g) examine a person with respect to matters pursuant to this Act or the regulations;

(h) for the purposes of an investigation, inquiry or examination made by the officer pursuant to this Act or the regulations, summons to give evidence and administer an oath or affirmation to a person;

(i) in an inspection, examination, inquiry or test be accompanied and assisted by or take with the officer a person having special, expert or professional knowledge of any matter;

(j) exercise such other powers as may be necessary or incidental to the carrying out of the officer’s functions pursuant to this Act or the regulations. Section 47.

Accompaniment during inspections

(1) For the purpose of this Section, “inspection” means a physical inspection of a workplace, or any part or parts of a workplace, pursuant to the powers conferred upon an officer pursuant to Section 47.

(2) Where an officer conducts an inspection:

(a) the employer shall give the representative or an employee member of the committee, if any; and

(b) a representative of the employer shall have, the opportunity to accompany the officer during the officer’s inspection.

(3) Where there is no committee member representing employees or representative available, the officer may select one or more employees who shall accompany the officer during the officer’s inspection.

(4) Where a representative or employee member of the committee is unavailable to accompany the officer during the officer’s inspection, the officer shall endeavour to consult with a reasonable number of employees during the inspection. Section 50.

Further details on the Occupational Health and Safety Act can be found at NSlegislature.ca.

In the Northwest Territories and Nunavut, under the Occupational Health and Safety (OHS) Regulations, employers have specific responsibilities for inspections and incident reporting pursuant to Section 7. (1), 27, 49, 19.1.

Inspection of Work Sites

(1) An employer shall enable members of the Committee or a representative to inspect a work site at reasonable intervals determined by the Committee and employer or by the representative and employer.

(2) On written notice by the Committee or representative of an unsafe condition or a contravention of the Act or these regulations, the employer shall, as soon as is reasonably possible,

(a) take steps, until the unsafe condition is corrected or the contravention is remedied, to protect the health and safety of workers who could be endangered;

(b) take suitable action to correct the unsafe condition or remedy the contravention; and

(c) inform the Committee or representative in writing:

(i) of the steps and action the employer has taken or will take under paragraphs (a) and (b), or

(ii) if the employer has not taken steps and action under paragraphs (a) and (b), the reasons for not taking steps or action. Section 27(1).

Duty to Inspect Work Site

An employer shall ensure that the Committee or representative:

(a) performs an inspection of the work site not less than once every three months; and

(b) submits a written report of each inspection to the employer. Section 49.

Workers’ Contacts with Safety Officers

(1) During an inspection or inquiry by a safety officer at a work site, an employer shall allow any one of the following to accompany the safety officer:

(a) a member of the Committee who, under paragraph 38(a) represents workers or, if such a member is not available, a worker designated by the Committee to represent workers;

(b) a representative or, if a representative is not available, a worker designated by a representative to represent workers;

(c) if there is no Committee member or representative available, a worker designated by the trade union representing workers or if there is no trade union representing workers, a worker designated by a safety officer.

(2) An employer shall allow any worker to consult with a safety officer during an inspection or inquiry at a work site.

(3) An employer shall ensure that the time a worker consults with or accompanies a safety officer during an inspection or inquiry is credited as time at work, and that he or she does not lose pay or benefits. Section 19(1).

Reporting – New Operations

An employer shall, as soon as is reasonably possible, give notice to the Chief Safety Officer of an intention to:

(a) begin a new operation at a construction site or a manufacturing or processing plant where 20 or more workers are to work for six months or more;

(b) dig an excavation, a trench or an excavated shaft:

(i) more than 5 m deep, and

(ii) that a worker will be required or permitted to enter; or

(c) dig a tunnel that a worker will be required or permitted to enter.

(1.1) An employer who intends to begin a new operation at a work site shall ensure that a first aid risk assessment is carried out under subsection 57(1) to determine what the risk level of the intended work site will be for the purposes of subsection (2).

(2) Subject to subsection (3), an employer shall, not less than 30 days before a new operation begins at a high-risk work site, give notice to the Chief Safety Officer of an intention to begin that operation.

(3) If an employer cannot give the notice in the time required under subsection (2), the employer shall, as soon as is reasonably possible,

(a) give notice to the Chief Safety Officer of an intention to begin that operation; and

(b) provide an explanation to the Chief Safety Officer why the notice was not given in the time required under subsection (2). Section 7.(1).

For more information:

  • Representation during Inspection. Section 50.
  • Notice regarding requirements for new operation. Section 7(4).

Further details on the Occupational Health and Safety Regulations can be found at Justice.gov.NT.ca.

In Ontario, employers must follow the Occupational Health and Safety Act (OHSA) for inspections and incident reporting pursuant to Section 54(1).

Powers of Inspector

An inspector may, for the purposes of carrying out his or her duties and powers under this Act and the regulations,

(a) subject to subsection (2), enter in or upon any workplace at any time without warrant or notice;

(b) take up or use any machine, device, article, thing, material or biological, chemical or physical agent or part thereof;

(c) require the production of any drawings, specifications, license, document, record or report, and inspect, examine and copy the same;

(d) upon giving a receipt therefor, remove any drawings, specifications, license, document, record or report inspected or examined for the purpose of making copies thereof or extracts therefrom, and upon making copies thereof or extracts therefrom, shall promptly return the same to the person who produced or furnished them;

(e) conduct or take tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent in or about a workplace and for such purposes, take and carry away such samples as may be necessary;

(f) require in writing an employer to cause any tests described in clause (e) to be conducted or taken, at the expense of the employer, by a person possessing such special expert or professional knowledge or qualifications as are specified by the inspector and to provide, at the expense of the employer, a report or assessment by that person;

(g) in any inspection, examination, inquiry or test, be accompanied and assisted by or take with him or her any person or persons having special, expert or professional knowledge of any matter, take photographs, and take with him or her and use any equipment or materials required for such purpose;

(h) make inquiries of any person who is or was in a workplace either separate and apart from another person or in the presence of any other person that are or may be relevant to an inspection, examination, inquiry or test;

(i) require that a workplace or part thereof not be disturbed for a reasonable period of time for the purposes of carrying out an examination, investigation or test;

(j) require that any equipment, machine, device, article, thing or process be operated or set in motion or that a system or procedure be carried out that may be relevant to an examination, inquiry or test;

(k) require in writing an employer to have equipment, machinery or devices tested, at the expense of the employer, by an engineer and to provide, at the expense of the employer, a report bearing the seal and signature of the engineer stating that the equipment, machine or device is not likely to endanger a worker;

(l) require in writing that any equipment, machinery or device not be used pending testing described in clause (k);

(m) require in writing an owner, constructor or employer to provide, at the expense of the owner, constructor or employer, a report bearing the seal and signature of an engineer stating:

(i) the load limits of a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent,

(ii) that a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable of supporting or withstanding the loads being applied to it or likely to be applied to it, or

(iii) that a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable of supporting any loads that may be applied to it,

(A) as determined by the applicable design requirements established under the version of the Building Code that was in force at the time of its construction,

(B) in accordance with such other requirements as may be prescribed, or

(C) in accordance with good engineering practice, if sub-subclauses (A) and (B) do not apply;

(n) require in writing an owner of a mine or part thereof to provide, at the owner’s expense, a report in writing bearing the seal and signature of an engineer stating that the ground stability of, the mining methods and the support or rock reinforcement used in the mine or part thereof is such that a worker is not likely to be endangered;

(o) require in writing, within such time as is specified, a person who is an employer, manufacturer, producer, importer, distributor or supplier to produce records or information, or to provide, at the expense of the person, a report or evaluation made or to be made by a person or organization having special, expert or professional knowledge or qualifications as are specified by the inspector of any process or biological, chemical or physical agents or combination of such agents present, used or intended for use in a workplace and the manner of use, including Section 54 (1).

For more information:

  • Notice of death or Injury. Section 52(1).
  • Order for workplace harassment investigation. Section 53.3(1).
  • Accident Reports at project site or mine. Section 53(1).
  • Warrants – Investigative techniques. Section 56(1).
  • Additional notices including electronic form. Section 53.
  • Appeals from order of inspector. Section 61 (1).
  • Orders by inspectors where there is non-compliance. Section 57 (1).
  • Orders by inspectors where workers are endangered. Section 57(6).
  • Order for inspection. Section 55.

Further details on the Occupational Health and Safety Act can be found at Ontario.ca.

In Prince Edward Island, under the Occupational Health and Safety (OHS) Act, employers have specific responsibilities for inspections and incident reporting pursuant to Sections 27 and 36.

Inspections for Government of Canada

(2) The Board may agree with the Government of Canada to carry out occupational health and safety inspections or other work on behalf of the Government of Canada.

Persons entitled to accompany officer

(5) Where an officer conducts an inspection of a workplace under subsection (1), the owner, constructor, contractor, employer, supervisor or the person in charge of the workplace shall designate a representative of management to accompany the officer and shall provide a committee member representing workers, or a representative, if any, with the opportunity to accompany the officer during the officer’s inspection of a workplace, or any part of the workplace.

Consultation with workers

(6) Where there is no committee member representing workers or no representative, the officer shall consult during the inspection with a reasonable number of the workers at the workplace respecting matters of occupational health and safety at their workplace.

INFORMATION RESPONSIBILITIES

Report to officer

(3) If the committee or a representative, if any, considers that the explanation provided by the employer under clause (2)(c) is unacceptable or unreasonable, the committee or representative shall promptly report that fact to an officer.

Report to committee

(4) An employer shall notify the committee or representative of the existence of reports of occupational health and safety inspections, monitoring or tests undertaken at the workplace by, or at the request of, an officer or the employer and the employer shall make the reports available on request to the committee or the representative.

Report to worker

(5) An employer shall, on the request of a worker at the workplace, make available to the worker reports of occupational health or safety inspections, monitoring or tests undertaken at the workplace by, or at the request of, an officer or the employer.

Inspection reports, etc.

(6) An officer shall provide the employer at a workplace with reports of inspections, monitoring and tests undertaken at the workplace by, or at the request of, an officer.

Posting

(7) An employer shall:

(a) post the names of the current committee members or the representative and the means of contacting them; and

(b) promptly post the minutes of the most recent committee meeting and ensure that they remain posted until superseded by the minutes of the next committee meeting.

Duties of employers

(8) An employer shall:

(a) make available for examination at the workplace information and reports that an officer considers advisable to enable workers to know their rights and responsibilities under this Act and the regulations; and

(b) post, and ensure that they remain posted in the workplace:

(i) a code of practice required under this Act or the regulations,

(ii) a current telephone number for reporting occupational health or safety concerns, and

(iii) the occupational health and safety policy where the employer is required by this Act to have a policy.

Posting

(9) Where anything other than the information referred to in subsection (8) is required to be posted by this Act or the regulations, the person who has the duty to post it shall:

(a) post a legible copy of it in a prominent place in the workplace; and

(b) unless this Act or the regulations specify otherwise, ensure that it remains posted for at least seven days or longer if additional time is necessary to enable workers at the workplace to inform themselves of its content.

Provide to each worker

(10) Notwithstanding subsection (9), a person who is required to post anything required to be posted under subsection (9) may, alternatively, provide that information to each worker in writing. Section 27.

Reporting of accidents

(1) Where an accident occurs in the workplace in which a worker is seriously injured in a manner which causes or may cause a fatality, suffers a loss of limb, unconsciousness, substantial loss of blood, a fracture, an amputation of a leg, arm, hand, or foot, a burn to a major portion of the body, or the loss of sight in an eye, the employer shall ensure that written notice is sent, by the fastest means available, to the Director within 24 hours of the accident.

Notify committee

(2) Where an accident is reported under subsection (1), the employer shall notify the committee, where one exists, or the representative, if any. Section 36.

Further details on the Occupational Health and Safety Act can be found at PrinceEdwardIsland.ca.

In Québec, under the Occupational Health and Safety Act (LSST), employers have specific responsibilities for inspections and incident reporting pursuant to Sections 62, 162.1, 163, 177 to 193.

Chapter X – Inspection

For the purposes of the application of this Act and the regulations, inspectors shall be appointed in accordance with the Public Service Act (chapter F-3.1.1), and they are officers of the Commission. Section 177.

An inspector, in the performance of his duties, may, at any reasonable hour of the day or night, enter a place where activities are carried on in the fields contemplated in this Act and the regulations, and inspect that place. Section 179.

An inspector may not, without the consent of the worker, enter a place where telework is carried on if that place is situated in a dwelling house, unless the inspector has obtained a court order authorizing such entry. Section 179.1.

The inspector may, in addition to his general powers:

(1) investigate any matter within his competence;

(2) require the employer or principal contractor, whichever is the case, to produce the plan of the installations and of the layout of the equipment;

(3) take, free of charge, samples of any kind, particularly of objects used by the workers, for analysis; he must then inform the employer and, if possible, return the samples to him after analysis;

(4) conduct tests and make photographs or recordings at a workplace;

(5) in order to ensure that a building, a structure or civil engineering works are stable, require the employer, principal contractor or owner to produce an attestation of solidity signed by an engineer or architect.

(6) in such cases as he may determine, install a measuring device at a workplace, or cause it to be worn by a worker with the worker’s written consent, or order the employer to install it or cause it to be worn at the time and place the inspector indicates, and require the employer to transmit the data on the terms and conditions the inspector determines. Section 180.

The inspector shall communicate the findings of his investigation or inspection to the employer, the certified association, the representative association within the meaning of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) that has affiliated workers present on the construction site, the job-site committee, the health and safety committee, the health and safety coordinator, the principal contractor, the health and safety representative or safety representative, as the case may be, and the public health director.

A person to whom an inspector has given a remedial order shall carry it out in the appointed time, and inform the certified association, the health and safety committee, the health and safety representative or safety representative, as the case may be, and the inspector, as soon as possible, of the specific measures the person intends to take. Section 183.

Reporting – Accidents

Every employer must inform the Commission of an incident, by the most rapid means of communication, and, within 24 hours, make a written report to it, in the form and with the information prescribed by regulation, if the incident has caused:

(1) the death of a worker;

(2) the loss of a limb or of part of a limb, the total or partial loss of the use of a limb or a significant physical trauma to a worker;

(3) such serious injuries to two or more workers as probably to prevent them from performing their work for one working day; or

(4) material damage valued at $150,000 or more. Section 62.

Before 30 June each year, the Commission shall submit to the Minister a report stating the results achieved measured against the objectives fixed in the strategic plan referred to in Section 161.4.

In addition, the report must state:

(1) The mandates conferred on the Commission ;

(2) The service statement referred to in section 161.1 ;

(3) The programs placed under the administration of the Commission ;

(4) The personnel turnover ;

(5) A statement by the president and chief executive officer concerning the reliability of the information and of the monitoring mechanisms.

The Minister must table the report without delay before the National Assembly if it is in session or, if it is not, within fifteen days after the opening of the next session or resumption. Section 163.

For more information:

  • Inform inspector of remedial order. Section 184.
  • No person to hinder inspection process. Section 185.
  • Inspector capable to suspension of work or partial shut-down of operations. Section 186.
  • Workers still get paid during suspension of work or shut-down. Section 187.
  • A person who believes that he/she has been wronged by order decision of inspector may apply for review. Section 191.1.

Further details on the Act respecting occupational health and safety can be found at gouv.QC.ca.

 

In Saskatchewan, under the Saskatchewan Employment Act, employers have specific responsibilities for inspections and incident reporting pursuant to Sections 3-63(1).

Inspections

(1) Subject to subsection (4), an occupational health officer may enter any premises, place of employment, worksite or vehicle and conduct an inspection for the purpose of:

(a) preventing work-related incidents, injuries or illnesses;

(b) ascertaining the cause and particulars of a work-related incident, injury or illness or of an incident that had the potential to cause a work-related incident, injury or illness;

(c) making an inquiry in response to a complaint concerning occupational health and safety; or

(d) determining whether there is compliance with this Part, the regulations made pursuant to this Part, a compliance undertaking, a notice of contravention or an order issued pursuant to a prescribed Act or regulation.

(2) An inspection may be conducted:

(a) at any reasonable time; or

(b) at any other time if the occupational health officer has reasonable grounds to believe that a situation exists that is or may be hazardous to workers.

(3) When conducting an inspection in accordance with subsection (1), an occupational health officer may do all or any of the following things:

(a) make any inquiry the officer considers appropriate;

(b) require the use of any machinery, equipment, appliance or thing located at the place or premises to be demonstrated;

(c) conduct any tests, take any samples and make any examinations that the officer considers necessary or advisable;

(d) take one or more persons to any place to assist the officer and make arrangements with the person in charge of the place for those persons to re‑enter the place to perform specified duties;

(e) require the production of, inspect and make copies of any books, records, papers or documents or of any entry in those books, records, papers or documents required to be kept by this Part or the regulations made pursuant to this Part;

(f) require the production of, inspect and make copies of any existing records related to training workers on matters related to occupational health and safety;

(g) subject to subsection (5), remove any books, records, papers or documents examined pursuant to this section for the purpose of making copies where a copy is not readily available, if a receipt is given;

(h) require any person whom the officer finds in or at a place of employment to provide the officer with any information the person has respecting the identity of the employer at that place of employment; Section 3-63(1).

For more information:

  • Inspection by employment standards officer. Section 2-83(1).
  • Responsibilities of Minister. Section 1-4(1).
  • Provision of reports by occupational health officer. Section 3-30.
  • Reports to be provided by physicians and/or the hospital. Section 3-62(1).
  • Progress report. Section 3-43(1).
  • Report re: Condition of plant. Section 3-65(1).
  • Conciliation board. Section 6-29(1).
  • Annual Report. Section 6-101(1).
  • Content of Annual Report. Section 6-102.

Further details on The Saskatchewan Employment Act can be found at Publications.Saskatchewan.ca.

 

In Yukon, under the Occupational Health and Safety (OHS) Act, employers have specific responsibilities for inspections and incident reporting pursuant to Section 32.

Inspections and Tests

(1) A safety officer shall:

(a) make any inspections and inquiries and carry out any tests necessary to ensure that this Act and the regulations are being complied with.

(2) For the purposes of administering and enforcing this Act, the regulations, or any order made under this Act or the regulations, a safety officer shall conduct any investigations necessary and may:

(a) at any reasonable time, enter any place to which the public is customarily admitted;

(b) with the consent of an occupant apparently in charge of the premises, enter any other place;

(c) for the safety officer’s examination, request the production of documents or things that are or may be relevant to the investigation;

(d) on giving a receipt therefor, remove from any place documents produced in response to a request under paragraph (c) for the purpose of making copies of them or extracts from them;

(e) on giving a receipt therefor remove from any place any other thing produced in response to a request under paragraph (c) to retain possession of it until conclusion of the investigation or proceedings under this Act;

(f) take or remove for purposes of analysis samples of materials and substances used or handled by workers, subject to the employer or their representative being notified of any samples or substances taken or removed for that purpose;

(h) require that any equipment, machine, device, thing, or process be operated or set in motion or that a system or procedure be carried out that may be relevant to an examination, investigation, or test;

(i) require an owner, constructor, or employer to provide, at the expense of the owner, constructor, or employer, a report bearing the seal and signature of a professional engineer stating:

(i) the load limits of a floor, roof, temporary work platform, part of a building, structure, or temporary work, or

(ii) that a floor, roof, or temporary work platform is capable of supporting or withstanding the loads being applied to it or likely to be applied to it;

(j) require an owner of a mine or part thereof to provide, at the owner’s expense, a report in writing bearing the seal and signature of a professional engineer stating that the ground stability of the mining methods and the support or rock reinforcement used in the mine or part thereof is such that a worker is not likely to be endangered; and

(k) require an employer to produce material data safety sheets and any other records of information relating to any controlled products or combination of those products used or intended to be used in a workplace.

(3) If a safety officer removes documents under paragraph (2)(d), they shall return them within 72 hours. Section 32.

Report, Investigation of Serious Accident and Serious Injury

“Serious accident” means:

(a) an uncontrolled explosion,

(b) failure of a safety device on a hoist, hoist mechanism, or hoist rope,

(c) collapse or upset of a crane,

(d) collapse or failure of a load-bearing component of a building or structure regardless of whether the building or structure is complete or under construction,

(e) collapse or failure of a temporary support structure,

(f) an inrush of water in an underground working,

(g) fire or explosion in an underground working,

(h) collapse or cave-in, of a trench, excavation wall, underground working, or stockpile,

(i) accidental release of a controlled product,

(j) brake failure on mobile equipment that causes a runaway,

(k) any accident that likely would have caused serious injury but for safety precautions, rescue measures, or chance.

“Serious injury” means:

(a) an injury that results in death,

(b) fracture of a major bone, including the skull, the spine, the pelvis, or the thighbone,

(c) amputation other than of a finger or toe,

(d) loss of sight of an eye,

(e) internal bleeding,

(f) third degree burns,

(g) dysfunction that results from concussion, electrical contact, lack of oxygen, or poisoning, or

(h) an injury that results in paralysis (permanent loss of function).

(2) If a serious injury or a serious accident takes place at or on any work, undertaking, or business, the employer or person responsible for that place of work, undertaking, or business shall immediately, or as soon as reasonably practicable, give notice to a safety officer, or the office of a safety officer, of the injury or accident.

(3) If a serious injury or a serious accident has not resulted in death, a safety officer may authorize a health and safety representative from the workplace to conduct the investigation on the safety officer’s behalf.

(4) If no safety officer is available to receive notice from the employer or if, as a result of an inadequacy in the system provided by the Government of the Yukon for communication with a safety officer, the employer is unable to give notice to a safety officer or if a safety officer has advised that an immediate investigation cannot be made, the employer may move or permit to be moved anything at the scene connected with a serious injury or a serious accident, if details of the scene are first recorded by photographs, drawings, or other means. Section 32.

For more information:

  • Posting of orders and distribution of copies. Section 41.
  • Reports of Doctors. Section 43.

Further details on the Occupational Health And Safety Act can be found at Yukon.Ca.