The Ministry of Labour Inspectors have powers to enforce and obtain compliance with health and safety requirements. Compliance orders describe actions the employer is obliged to take in order to comply with specific legal requirements. Where there is immediate risk of injury to a worker, a “stop work” order is issued to prevent work from continuing until compliance is achieved. Inspectors also can issue tickets under the Provincial Offenses Act or initiate prosecution for non-compliance.
Compliance orders may be:
- Time based – a time frame is set to comply.
- Time unknown – an amount of time to comply is not specified. This type of order will result in a “Stop work” or “Plan.” The inspector will explain the requirements for compliance with these types of orders.
- Forthwith – the contravention is complied with during the inspector’s visit.
Along with any orders, the inspector will also provide a Notice of Compliance. This form is to be completed and signed by the employer and health and safety representative or a joint health and safety committee member. The worker representative must check a box beside the order to indicate agreement or disagreement that compliance has been achieved for the order(s).
Once the Notice of Compliance form has been sent to the inspector, a copy of the field visit report must be posted in the workplace and a copy provided to the worker representative and joint health and safety committee.
Paramount Safety Consulting Inc. can provide assistance to organizations that receive either Compliance orders or Stop Work orders issued by the Ministry of Labour. Paramount Safety Consulting Inc. will assist the organization in achieving compliance before the required amount of time to comply. Training workers and management in being proactive versus reactive is a key step in achieving compliance along with implementing and managing the organizations’ Health and Safety program.