The Occupational Health and Safety Act (OHSA) in Canada is a cornerstone of workplace legislation, defining the rights and duties of employers, supervisors, and workers to ensure everyone comes home safely. It establishes the internal responsibility system (IRS) where all workplace parties share accountability for safety.
The Occupational Health and Safety Act (OHSA) in Canada is the primary legislation designed to protect workers from hazards on the job, operating under a system where each province and territory has its own specific Act. These laws create the Internal Responsibility System (IRS), mandating that employers, supervisors, and workers all share responsibility for health and safety in the workplace, moving beyond a simple set of rules to a proactive safety culture.
The fundamental principles underlying OHSA legislation across Canada include:
This legislative framework is critical for industries like construction where safety risks are inherently higher. Compliance with OHSA is not just a legal requirement, but a core component of ensuring every team member is safe, aligning perfectly with Site App Pro’s mission to ensure all workers come home safely.
OHSA is the widely used abbreviation for the Occupational Health and Safety Act, representing the foundational legislation in each Canadian jurisdiction that governs workplace safety. Specifically, OHSA provides a comprehensive framework detailing the mandatory duties, responsibilities, and rights of everyone involved in a workplace, from the owner to the newest employee, ensuring a legally enforceable standard for occupational health and safety.
In Canada, there are fourteen distinct OHSA legislative bodies:
Three Territorial Jurisdictions: Each of the three territories has its own specific OHS Act.
The acts generally outline:
Understanding which OHSA applies to your business is the critical first step toward compliance.
NEEDS TO BE A TABLE!!!!!!!
No, the entity formally known as OSHA Canada does not exist; the acronym OSHA (Occupational Safety and Health Administration) refers to the federal agency that oversees workplace safety standards in the United States, which is a common source of confusion for Canadian businesses. While Canada’s OHSA legislation shares the goal of protecting workers with the American OSHA, they are entirely separate legal frameworks, meaning Canadian businesses must strictly follow their applicable Canadian OHSA.
Here is a breakdown of the key difference:
Legislation
OHSA (Canada)
OSHA (United States)
Meaning
OHSA meaning: Occupational Health and Safety Act (Provincial/Territorial Legislation)
OSHA meaning: Occupational Safety and Health Administration (Federal Agency)
Jurisdiction
Primarily regulated at the Provincial/Territorial level, plus one federal law.
Regulated at the Federal level (often supplemented by State Plans).
Enforcement
Provincial Ministries of Labour/Workplace Safety Boards.
US Department of Labor.
Structure
Focuses heavily on the Internal Responsibility System (IRS).
Focuses on mandatory standards and enforcement inspections.
The distinction between OSHA vs OHSA is purely geographical and jurisdictional: OHSA refers to the Canadian legislation that mandates workplace safety, while OSHA is the US federal agency responsible for setting and enforcing US safety standards. This is a crucial clarification for any business operating in Canada, particularly those in sectors that may have international ties, as strict compliance with the local Canadian OHSA is non-negotiable.
The core difference is summarized as:
Companies like Site App Pro assist Canadian companies by providing the digital tools to easily document compliance with their respective Canadian OHSA requirements.
Receiving an OHS certificate typically refers to acquiring certification in a specific area of occupational health and safety or a formal recognition of compliance/competence, such as the Certificate of Recognition (COR) or a certification for Joint Health and Safety Committee (JHSC) members. Unlike a simple course completion, these OHS certificates represent a validated level of knowledge, skill, or a recognized standard of a company’s safety program.
To receive an OHS certificate, the path depends on the type of certificate:
The primary way to secure any credible OHS certificate is through approved, rigorous OHS training online or in person, ensuring that the certification is recognized by the relevant provincial body.
OHSA training in Canada consists of mandatory educational programs designed to provide workers, supervisors, and employers with the necessary knowledge to identify, assess, and control workplace hazards, ensuring they can fulfill their duties under the Act. While the exact course content and legislative references vary by province, all training must align with the foundational requirements of the specific provincial OHSA that governs the workplace.
Key elements of OHSA training include:
The goal of this training is to equip every workplace party to implement the Internal Responsibility System (IRS), moving your team from simply asking, "Is this safe?" to proactively managing safety risks and documenting them, a task made simpler with a safety management app.
The requirements of OHSA are the legally binding duties and responsibilities that must be upheld by every workplace party (employers, supervisors, and workers) to maintain a safe working environment and ensure compliance. These requirements are extensive and can be found in the specific OHS Act and its accompanying regulations for your jurisdiction such as Ontario, Alberta or British Columbia.
The core requirements placed on employers often include:
For industries like construction and manufacturing, this often translates to highly detailed regulations regarding machine guarding, scaffold safety, and hazardous energy control (Lockout/Tagout), demanding a comprehensive, digital solution for safety management.
The Certificate of Recognition (COR) is a voluntary, audited certification program that works in conjunction with the OHSA by providing a measurable standard for a company's Health and Safety Management System (HSMS). While the OHSA sets the legal minimum requirements for safety, COR provides a best-practice framework that, when successfully implemented and audited, proves a company has a system that exceeds the basic legislative standard.
COR's Relationship to OHSA:
Business Benefits: Companies with COR often qualify for rebates on their workers' compensation premiums and gain a competitive advantage, as many project owners (especially in oil and mining) require contractors to have COR certification.
The Certificate of Recognition (COR) is a voluntary, audited certification program that works in conjunction with the OHSA by providing a measurable standard for a company's Health and Safety Management System (HSMS). While the OHSA sets the legal minimum requirements for safety, COR provides a best-practice framework that, when successfully implemented and audited, proves a company has a system that exceeds the basic legislative standard.
COR's Relationship to OHSA:
Business Benefits: Companies with COR often qualify for rebates on their workers' compensation premiums and gain a competitive advantage, as many project owners (especially in oil and mining) require contractors to have COR certification.
For construction safety, the requirements of the Occupational Health and Safety Act are heavily focused on preventing high-risk, high-consequence incidents specific to the sector, such as falls, trench collapse, struck-by incidents, and electrical hazards. Given the dynamic nature and constantly changing environment of construction sites, the OHSA regulations are exceptionally detailed and demand daily, documented compliance.
Key OHSA elements for construction include:
A tool like Site App Pro is purpose-built for this environment, allowing a Project Manager or Safety Manager to digitize site inductions, complete daily FLRAs on a mobile device, and instantly record equipment checks, providing an undeniable paper trail for all OHSA compliance efforts.
While the core principles of the OHSA remain consistent—the Right to Refuse, Right to Know, and the IRS—the specific provincial occupational health and safety regulations for construction can vary significantly in their detail, making local compliance mandatory. This provincial variation is why a CEO or Safety Manager must be intimately familiar with the legislation in the jurisdiction(s) where their work is performed.
Examples of Provincial-Specific Construction Regulations:
For companies operating across multiple provinces, such as a large construction company, a centralized safety management system is crucial. It ensures that standard company procedures are customized and applied according to the specific provincial regulation of the worksite, eliminating the headache of managing compliance across disparate systems.
Disclaimer: Site App Pro does not provide health and safety or compliance advice. This guide has been provided for information purposes only. You should consult your own professional health and safety advisors for advice directly relating to your company or before taking action in relation to any of the content provided.
Navigating the complexities of provincial OHSA legislation and achieving COR certification often requires expert guidance. We recommend contacting your provincial safety association or a certified OHS consultant to ensure your company is compliant and has the peace of mind that your teams are safe.
Ready to simplify your OHSA compliance, digitize your forms, and streamline your entire safety management system? Site App Pro is a user-friendly safety management app designed for the demanding environments of construction, manufacturing, agriculture, horticulture, and oil and mining.
This article is based on information from the following reputable Canadian sources on occupational health and safety legislation:
