COVID-19: OHS enforcement of workplace masking requirements
Occupational health and safety (OHS) officers have the authority to issue tickets for not complying with public health order requirements for masks in indoor workplaces. This remains in effect as long as the public health order is in effect. OHS officers are only enforcing indoor workplace masking and not other requirements of the public health order.
OHS officers may issue tickets to employers, supervisors or workers. The fine is $1,000 for not complying with the public health order. Tickets take the same form as traffic tickets.
Occupational Health and Safety (OHS) officers have authority to enter provincially regulated work sites, conduct inspections, and require regulated parties to take steps to comply with the requirements of the OHS Act, Regulation and Code.
How inspections are done
OHS inspections are usually done with no prior notification.
During an inspection, an officer may conduct activities to establish facts about a work site. Some examples include:
- taking measurements, samples, photos or recordings
- speaking with witnesses
- asking for and making copies of documentation
Workers, employers and other regulated parties must provide identification when an OHS officer asks. Employers must also identify their workers if requested to do so by an officer.
Under the OHS Act, every person on a work site must co-operate with an officer.
OHS officers use a wide range of enforcement and education tools during a work site inspection.
These may include:
- meeting with staff or management
- health and safety presentations
- issuing orders
- serving violation tickets
In case of any inconsistency between this information and the OHS Act, Regulation or Code, the legislation will always prevail.