University of Toronto Mississauga
PA-15: Workplace Health and Safety

On November 6, 2014, the government passed Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014. The Bill amends a number of Ontario’s labour and employment statutes. Specifically pertaining to occupational health and safety, the Bill expands the definition of worker to ensure Occupational Health and Safety Act coverage for unpaid co-op students and other unpaid learners, which will give them protection under the OHSA such as the right to know about workplace hazards and the right to refuse unsafe work.

The long-standing definition of “worker” under the OHSA has been “a person who performs work or supplies services for monetary compensation.”

Bill 18 replaces this definition with an expanded list of individuals that would be considered workers for the purposes of the OHSA.

Individuals who are currently included as workers under the OHSA, that is, persons performing work or supplying services for monetary compensation. This part of the definition retains the existing language in the OHSA;
High school students volunteering as part of a work experience program authorized by the school board operating the student’s school;
Persons performing work or supplying services without compensation as part of an approved post-secondary program (for e.g., co-op programs);
Persons receiving training but that are not considered employees under the ESA because they fall within a specific exclusion set out in the ESA. (This exclusion captures some unpaid internships); and
Such other persons as may be prescribed who perform work or supply services to an employer for no monetary compensation; (“travailleur”)
This new definition of a worker for the purposes of the OHSA will require placement employers to provide the same information, instruction and supervision, as well as personal protective equipment to these individuals as is given to paid workers.

If you hire secondary or post-secondary co-op students, interns or placements, whether they are paid or unpaid, be sure that you are in compliance with the OHSA.

These procedures outline the reporting requirements for accidents, occupational illnesses and incidents which result in or have the potential to result in personal injury or property damage.

Reportable incidents are those which:

result in personal injury or lost time from work (including those requiring first aid, and occupational illness);
have the potential to result in personal injury or property damage even though no injury or damage actually occurred;
occur to any person on university premises;
occur to a university employee during the course of his/her work either on or off university premises;
occur to a student during the course of his/her classroom, laboratory or field work;
occur to a student during the course of a work placement (either paid or unpaid) which forms part of their university curriculum.

All employees must report the accident/incident to their supervisor or home department immediately. On the day of the incident, the employer is responsible for providing and paying for immediate transportation to a hospital, health professional office/clinic or the worker’s home (if necessary) and for paying for full wages and benefits for the day or shift on which the injury occurred.
Within 24 hours, the supervisor must complete and submit the “Online Accident/Incident eForm for Employees“.