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OHS Training Records – Know the Laws of Your Province

Most jurisdictions specify retention periods only for particular types of OHS training records.

Simply providing required OHS safety training isn’t enough to ensure compliance and avoid fines and penalties; you must also maintain documentation proving that such training was provided and understood by the trainees who received it. In addition, most jurisdictions require employers to retain particular kinds of training records for a minimum period of time. There are 3 different approaches:

  • Manitoba and Nova Scotia have blanket rules requiring that all training records required by the OHS regulations be retained for 5 years;
  • Alberta, Newfoundland, Qu‚bec and Yukon don’t specify a retention period for any OHS training records; and
  • Federal, BC, New Brunswick, Ontario, Prince Edward Island, Saskatchewan and Yukon specify retention periods only for particular kinds of training records.

Here are the OHS training records retention requirements of each jurisdiction.

OHS Safety Training Records Retention Requirements Across Canada

FEDERAL

  • General training under hazard prevention program, including ergonomics: 2 years after employee is no longer exposed to hazard (COHS Reg, Sec. 19.6(5))
  • Hazardous substances safety training: 2 years after employees ceases to: (i) handle or be exposed to the hazardous substance, or; (ii) install, operate, maintain or repair the assembly of pipes containing the hazardous substance (COHS Reg, Sec. 10.15(b))
  • Training in how to operate ventilation system: For as long as employer continues to employ employee (COHS Reg, Sec. 10.18(7))
  • Training in how to operate motorized materials handling equipment: training: For as long as employer continues to employ employee (COHS Reg, Sec. 14.23(4))
  • Emergency response training to emergency wardens, deputy wardens and monitors: 2 years from date training was provided (COHS Reg, Sec. 17.8(2))
  • Diver instruction and training: For as long as employer continues to employ employee as a diver (COHS Reg, Sec. 18.40)

ALBERTA

Doesn’t specify how long employers must retain required OHS safety training records

BC

  • JHSC member/Health and safety representative training records: 2 years after person is no longer a JHSC member or health and safety rep (OHS Reg, Sec. 3.27(9))
  • Training to workers exposed to cytotoxic drugs: 3 years after training was provided (OHS Reg, 6.52(2))

MANITOBA

Employers must retain required OHS safety training records for 5 years after creating or coming into possession of those records (WSH Regs, Sec. 2.10)

NEW BRUNSWICK

  • Orientation and new employee safety training: 3 years (OHS Act, Sec. 8.2(5))
  • OHS regulations don’t specify how long employers must retain other training records

NEWFOUNDLAND

Doesn’t specify how long employers must retain required OHS safety training records

NOVA SCOTIA

Employers must retain required OHS safety training records for 5 years after the record was made (OHS Safety General Reg, Sec. 8(1))

ONTARIO

  • Confined space entry training records at sites that are NOT construction projects: The later of: i. 1 year after the document is created; and ii. the period necessary to ensure that at least the 2 most recent records of each kind that relate to a particular confined space are retained (Confined Spaces Reg, Sec. 21(1))
  • Confined space entry training records at sites that ARE construction projects: 1 year after the project is finished (Confined Spaces Reg, Sec. 21(2))
  • Required OHS safety training at construction projects: 1 year after the project is finished (OHS Const. Project Regs, Sec. 19)
  • Record of qualifications for employees appointed as competent persons at oil and gas sites: For as long as employer employs employee (OHS Oil and Gas’Offshore, Sec. 11)
  • OHS awareness training for workers and supervisors: Not specified
  • Working at heights training: Not specified

PRINCE EDWARD ISLAND

  • Asbestos safety training records: 40 years (OHS Act General Regs, Sec. 49.26(2))
  • Fall protection training records: 2 years after employee’s employment ends (OHS Act Fall Protection Regs, Sec. 2.1(2))

QUBEC

Doesn’t specify how long employers must retain required OHS safety training records

SASKATCHEWAN

  • Records of training in safe use of a respiratory device: For as long as employer employs worker (OHS Regs, Sec. 88(5))

NORTHWEST TERRITORIES AND NUNAVUT

  • Records of training in safe use of a respiratory device: For as long as employer employs worker (OHS Regs, Sec. 91(5))

YUKON

Doesn’t specify how long employers must retain required OHS safety training records.