Offices of the Worker and Employer Advisers (O. Reg. 33/12) under the Occupational Health and Safety Act (OHSA)
Ontario Regulation 33/12
Regulation - LGIC
Bill or Act:
Occupational Health and Safety Act (OHSA)
Summary of Decision:
Effective April 1, 2012, the Office of the Worker Adviser (OWA) and the Office of the Employer Adviser (OEA) will have functions in relation to reprisals under section 50 of the Occupational Health and Safety Act (OHSA). The OWA will educate, advise and represent non-unionized workers in relation to reprisals and reprisal complaints or referrals made to the Ontario Labour Relations Board (OLRB). The OEA will educate, advise and represent employers with fewer than 50 employees in respect of reprisals and referrals to the OLRB. The OWA and OEA will provide their services free of charge.
The new regulation is part of a broader MOL initiative to strengthen worker protection from reprisals. As part of this initiative, as of April 1, 2012, MOL inspectors will have the authority to refer a worker's complaint of reprisal directly to the OLRB, in certain circumstances, and with the worker's consent. In addition, amendments to the OHSA will permit the Chair of the OLRB to expedite proceedings related to the resolution of reprisal complaints and referrals.
December 16, 2011
Summary of Proposal:
The Ministry of Labour is proposing a new regulation under the OHSA that would prescribe the functions of the OWA and the OEA in respect of reprisal complaints and referrals under section 50 of the OHSA. The purpose of the proposed regulation would be to provide services, free of charge, to non-unionized workers and small employers in relation to reprisals under the OHSA.
Health and Safety Policy and Program Development Branch
400 University Avenue, 12th Floor
April 1, 2012