Lone Working Legislation & Policy for Ontario

As Canada is divided into federal, provincial and territorial jurisdictions here is the legislation and policy pertaining to workers and lone workers in Ontario including the associated work alone regulations.

Summary of Ontario Lone Worker Legislation

Ontario does not have a specific regulation concerned with “working alone” instead, reliance is placed on the employer’s general duty to take all reasonable precautions for the health and safety of the worker, as specified in OHSA subsection 25(1)] an employer has the  obligation to ‘instruct, inform and supervise workers to protect their health and safety [clause 25(2)(a)]; and ‘take every precaution reasonable in the circumstances for the protection of a worker’ [clause 25(2)(h)].

There are a couple of industries that have regulations that refer to either the number of workers required to carry out tasks, such as the Regulation for Industrial Establishments which specifies a minimum number of workers for some hazardous work such as working on live electrical conductors. And the Occupational Health and Safety Act, Ontario regulation 67/93 for Health care and residential facilities 2022 which has specifications for Personal Protective Equipment.

OCCUPATIONAL HEALTH AND SAFETY ACT, ONTARIO REGULATION 67/93

Health care and residential facilities 2022

Personal Protective Equipment

10. (1) A worker who is required by his or her employer or by this Regulation to wear or use any protective clothing, equipment or device shall be instructed and trained in its care, use and limitations before wearing or using it for the first time and at regular intervals thereafter and the worker shall participate in such instruction and training.

(2) Personal protective equipment that is to be provided, worn or used shall,
(a) be properly used and maintained;
(b) be a proper fit;
(c) be inspected for damage or deterioration; and
(d) be stored in a convenient, clean and sanitary location when not in use.  O. Reg. 67/93, s. 10.

OHSA penalties

Within Ontario there are severe penalties for a contravention of OHSA or its regulations. These can be seen in OHSA section 66. In summary, a person who is convicted of an offence under the OHSA may be subject to:

a fine of up to $2,000,000 for a corporation

a fine of up to $500,000 for all other persons and/or up to 12 months imprisonment

a fine of up to $1,500,000 for directors and officers of corporations and/or up to 12 months imprisonment.