When a Ministry of Labour Inspector Takes Action
This page is for workplace parties regulated by the Occupational Health and Safety Act (OHSA). Inspections often follow a critical injury, a fatality, a work refusal or a complaint, or happen during a proactive blitz. What happens in the first days after an incident often shapes everything that follows.
Illustrative example, not an actual inspector’s order
“Order: The employer shall ensure that workers working at heights are protected by a fall protection system. Stop-work order: work on the roof shall stop until this order is withdrawn or cancelled by an inspector after an inspection.”
Who Investigates and Who Decides
- Regulator
- Ministry of Labour, Immigration, Training and Skills Development inspectors and Directors, under the OHSA and its regulations.
- Inspector orders
- An inspector who finds a contravention can order compliance, orally or in writing, and can require a compliance plan (OHSA, s. 57(1), (4)–(5)). If the contravention is a danger or hazard to a worker, the inspector can also order work to stop (s. 57(6)).
- Appeals of orders
- The Ontario Labour Relations Board (OLRB) hears appeals of inspector orders (s. 61).
- Prosecutions
- Charges are prosecuted in the Ontario Court of Justice under the Provincial Offences Act (s. 68).
- Reprisals
- Employers must not penalize workers for acting under the Act or seeking its enforcement (s. 50). Reprisal complaints can go to the OLRB.
Common Issues in Workplace Safety Enforcement
Falls and working at heights
Missing fall protection, guardrails or training, especially in construction.
Machine guarding and lockout
Unguarded machinery and lockout failures in industrial workplaces.
Workplace violence and harassment
Missing policies, programs, investigations or risk assessments.
Supervisor and training duties
Whether supervisors were competent, and whether workers were trained and instructed.
Critical injury reporting
Notifying the Ministry, and preserving the scene, after a critical injury or death.
What Can Happen Next
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Orders and stop-work orders
You must comply with orders. After a stop-work order, a constructor, licensee or employer that notifies the inspector of compliance may resume work while it waits for re-inspection, in the circumstances the Act allows (OHSA, s. 57(7)).
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Appeal to the OLRB
Deadline
An employer, constructor, licensee, owner, worker or trade union aggrieved by an inspector’s order may appeal to the Board within 30 days after the order is made (OHSA, s. 61(1)). The clock runs from when the order is made, not when you receive a copy.
A labour relations officer may try to settle the appeal. The Board can make interim orders and may affirm, rescind or replace the inspector’s order (s. 61(3.1), (3.4), (4)). The Board’s decision is final (s. 61(6)).
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Administrative penalties
Inspectors can now impose administrative penalties for contraventions, with amounts set by regulation (OHSA, s. 69.1, added in 2025). A review is available as set out in the regulations (s. 69.1(8)). Paying the penalty means you cannot be charged with an offence for the same contravention (s. 69.1(11)).
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Prosecution
Individuals convicted of an offence face fines of up to $500,000 and up to 12 months in jail. A corporation faces fines of up to $2,000,000, with a minimum of $500,000 for a second or later offence causing death or serious injury within two years. Directors and officers who breach their own duties face fines of up to $1,500,000 (OHSA, s. 66(1)–(2.1)). Courts must consider aggravating factors such as death or serious injury, recklessness, and disregarding an inspector’s order (s. 66(2.2)).
Checklist: After an Inspection or Incident
Documents to gather
- Every order, field visit report and penalty notice, with the date and time each was made
- Health and safety policies, programs and training records
- Incident reports, witness lists, photographs and scene records
- Joint health and safety committee minutes and inspection reports
- Contracts showing who was the constructor and who were the employers on a project
Details to check
- The date each order was made, which starts the 30-day appeal clock
- Compliance dates and any compliance plan requirements
- Whether the Ministry is investigating for possible charges
- Whether you have received an administrative penalty and how to request a review
Rules and resources to consult
- Occupational Health and Safety Act, ss. 50, 57, 61, 66, 68 and 69.1
- The OHSA regulation for your sector, such as construction projects or industrial establishments
- OLRB rules of procedure and forms for OHSA appeals
- Your insurer, and legal advice before witness interviews in a serious incident
After a serious incident, Ministry interviews may be part of an investigation that leads to charges. Get advice about how interviews will be conducted and whether you need a lawyer present.
Frequently Asked Questions
Does appealing an order pause it?
The OHSA does not say an appeal stays an order, so plan to comply. The OLRB can make interim orders (s. 61(3.4)). Ask for one if compliance before the appeal is heard would cause serious problems.
Can we be charged even if we fixed the problem?
Yes. Compliance with an order does not prevent a prosecution for the original contravention. Paying an administrative penalty does, however, prevent a charge for the same contravention (s. 69.1(11)).
Can directors and officers be personally liable?
Yes. Directors and officers have their own duties under the Act and face fines of up to $1,500,000 or imprisonment if convicted (s. 66(2.1)).
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.
- Occupational Health and Safety Act, R.S.O. 1990, c. O.1, ss. 50, 57, 61, 66, 68, 69.1 — e-Laws consolidation period beginning November 27, 2025; checked November 10, 2026.