What the OLRB Decides
Any employer, constructor, licensee, owner, worker or trade union aggrieved by an inspector’s order under the OHSA may appeal to the Board (OHSA, s. 61(1)). The parties include the appellant, the affected workers and their unions (on an employer’s appeal), the employer (on a worker’s appeal), a Director, and others the Board specifies (s. 61(2)). The Board may substitute its findings for the inspector’s and rescind, affirm or replace the order (s. 61(4)).
Starting an Appeal
Deadline
The appeal must be brought within 30 days after the order is made (OHSA, s. 61(1)). The clock starts when the inspector makes the order, which may be orally at the workplace.
The Board may authorize a labour relations officer to inquire into the appeal and try to settle it, and it may make interim orders after consulting the parties (s. 61(3)–(3.4)).
After the Decision
The Board’s decision on an OHSA appeal is final (s. 61(6)). There is no statutory appeal, so any further challenge would be by judicial review. Separately, the Ministry may still prosecute contraventions, or an inspector may impose an administrative penalty (ss. 66, 69.1).
Checklist: Preparing an OHSA Appeal
Documents to gather
- The order or field visit report, with the date it was made
- Evidence of the workplace conditions, training and procedures
- Joint health and safety committee records
Details to check
- The date the order was made and your 30-day deadline
- Whether you need an interim order pending the appeal
- Whether a prosecution is also being considered
Rules and resources
- Occupational Health and Safety Act, s. 61
- OLRB rules and forms for OHSA appeals
Frequently Asked Questions
Does an appeal suspend the order?
The OHSA does not say an appeal stays an order. The Board can make interim orders (s. 61(3.4)), so ask for one if needed.
Can workers appeal too?
Yes. Workers and trade unions aggrieved by an order may appeal (s. 61(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, ss. 61, 66, 69.1 — Checked on e-Laws November 10, 2026.