What is the OHSA?

Understanding the Canadian Occupational Health and Safety Act (OHSA) and Its Roots

So, what is the OHSA? The Occupational Health and Safety Act (OHSA) in Canada stands as a cornerstone of workplace safety and labour rights. Its purpose is to ensure that all workers operate in environments that are safe, healthy, and free from unnecessary risks. The OHSA is not a single, unified federal statute but rather a collection of provincial and territorial regulations, each tailored to local industries and circumstances. This decentralized approach reflects Canada’s federated political system, where workplace safety is largely a provincial responsibility. The act’s origins, philosophy, and evolution are deeply intertwined with Canada’s labour history, industrialization, and global safety movements.


The Structure and Scope of the OHSA

The Canadian OHSA operates as a framework for workplace safety. While its specific provisions vary by province, the act generally shares three fundamental rights for workers:

  1. The Right to Know: Workers have the right to be informed about potential hazards in their workplace and the proper procedures to mitigate risks.
  2. The Right to Participate: Employees have the right to be involved in identifying and resolving health and safety issues, often through joint health and safety committees.
  3. The Right to Refuse Unsafe Work: Workers can refuse to perform tasks they reasonably believe could endanger their health or safety.

The act mandates employers to identify and mitigate workplace hazards, provide safety training, and ensure compliance with established standards. Enforcement mechanisms include inspections, penalties, and legal actions for non-compliance. These provisions collectively create a balanced framework aimed at fostering collaboration between employers and employees.


Historical Roots of the OHSA

The development of the OHSA cannot be understood without exploring its historical context. Its roots lie in the industrial revolution, labour movements, and global health and safety reforms.

1. The Industrial Revolution and Early Workplace Hazards

Canada’s industrialization in the late 19th and early 20th centuries brought rapid economic growth but also exposed workers to unprecedented risks. Factories, mines, and railroads operated with little regard for worker safety. Accidents and occupational illnesses were common, with limited recourse for employees. These conditions mirrored those in other industrialized nations, prompting early calls for reform.

2. The Labor Movement and Social Advocacy

The rise of organized labour in the early 20th century played a pivotal role in shaping workplace safety laws. Unions advocated for improved working conditions, fair wages, and protections against hazardous environments. Strikes and protests highlighted the human cost of unsafe workplaces, forcing governments to consider regulatory interventions.

3. Global Influences

The formation of the International Labour Organization (ILO) in 1919, following World War I, marked a global commitment to improving working conditions. Canada, as a founding member, adopted many of the ILO’s principles, influencing its approach to occupational health and safety. The global focus on worker rights during this period underscored the necessity of formalized safety regulations.

4. The Turning Point: The 1970s

The modern iteration of the OHSA began to take shape in the 1970s, spurred by a growing awareness of workplace risks and a shift in public attitudes. Ontario led the charge with its first OHSA in 1979, which became a model for other provinces. This era also saw the introduction of joint health and safety committees, reflecting a more participatory approach to workplace safety.


Philosophical Underpinnings of the OHSA

The OHSA is grounded in the principle of internal responsibility, which posits that employers and employees share the responsibility for workplace safety. This philosophy recognizes that those directly involved in the workplace are best positioned to identify and mitigate risks. The act also embodies the broader social contract, emphasizing that economic progress should not come at the expense of human welfare.


Challenges and Criticisms

While the OHSA has significantly improved workplace safety, it faces ongoing challenges.


Impact and Legacy

The OHSA has been instrumental in reducing workplace injuries and fatalities, fostering a culture of safety in Canadian industries. Its legacy extends beyond immediate safety outcomes, contributing to broader societal values of equity, dignity, and respect for workers. The act serves as a benchmark for other countries, demonstrating the importance of comprehensive safety legislation.


Conclusion

The Canadian OHSA represents a crucial achievement in the ongoing struggle for safe and equitable workplaces. Rooted in historical labour movements and shaped by global influences, it reflects Canada’s commitment to worker well-being. As workplaces evolve, the act must adapt to new challenges, ensuring that the principles of safety, collaboration, and shared responsibility remain at the forefront of Canadian labour law. By understanding its roots and principles, stakeholders can continue to build on its legacy, fostering environments where every worker thrives.