HOW TO REPORT A WORKPLACE SAFETY VIOLATION IN ONTARIO

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You see a hazard on your construction site. Maybe the guardrails were removed and never replaced. Maybe workers are being told to use damaged fall protection equipment. Maybe the scaffolding is not built to code. You raised it with your supervisor and nothing happened. Now what?

Ontario's Occupational Health and Safety Act (OHSA) gives workers clear, legally protected ways to report safety violations and force action. This article walks you through the process — from internal reporting to calling the Ministry, and the legal protections that ensure you cannot be punished for speaking up.

Step 1: Report It Internally First

The OHSA is built on the Internal Responsibility System (IRS) — the principle that everyone in the workplace shares responsibility for health and safety. The first step when you identify a hazard is to report it to your direct supervisor or employer.

• Be specific: Describe the hazard clearly. "The guardrails on the east side of the 4th floor were removed this morning and have not been replaced. Workers are within 2 metres of the open edge with no fall protection." This is far more effective than "things are unsafe."
• Put it in writing: Verbal reports can be denied. Send a text, email, or fill out your company's hazard report form. Keep a copy for yourself. Note the date, time, who you reported to, and what they said.
• Contact your JHSC or health and safety representative: If your workplace has a Joint Health and Safety Committee (required for 20+ workers) or a health and safety representative (6-19 workers), bring the concern to them. The JHSC can make formal written recommendations to the employer, who must respond in writing within 21 days.

Many hazards get resolved at this stage. Supervisors who are made aware of a specific problem — especially in writing — usually act. But if they do not, you have stronger options.

Step 2: Exercise Your Right to Refuse Unsafe Work

Under OHSA Section 43, every worker in Ontario has the right to refuse work that they have reason to believe is likely to endanger themselves or another worker. This is one of the most powerful protections in Canadian occupational health and safety law.

The work refusal process follows a specific legal procedure:

• Tell your supervisor: Inform your supervisor or employer that you are refusing to perform the work and explain the specific reason. Say the words: "I am exercising my right to refuse unsafe work under Section 43 of the OHSA because [specific hazard]."
• Stay at your workstation: You must remain at or near your workstation (in a safe place) and be available. You cannot leave the site. You are being paid during this time.
• Employer investigates: The employer must investigate the refusal promptly, in the presence of the refusing worker and a JHSC worker member or health and safety representative. If there is no committee or rep, another worker chosen by you can be present.
• Resolution or escalation: If the employer fixes the hazard to your satisfaction, you return to work. If you are still not satisfied that the hazard has been resolved after the investigation, the employer must notify the Ministry of Labour, Immigration, Training and Skills Development (MLITSD). An inspector will be dispatched to investigate.
• While the inspector investigates: You may be assigned other reasonable work at the same pay. No other worker can be assigned to perform the refused work unless they are informed, in writing, of the work refusal and the reasons for it, and they are advised they also have the right to refuse.

Your employer cannot legally fire you, discipline you, or penalize you in any way for exercising your right to refuse unsafe work. If they do, file a Section 50 reprisal complaint with the Ontario Labour Relations Board — the law is squarely on your side.

Step 3: Report to the Ministry of Labour

You do not have to go through a formal work refusal to report a safety violation to the Ministry. Any worker, any member of the public, or any JHSC member can file a complaint with the MLITSD at any time.

• Health and Safety Contact Centre: Call 1-877-202-0008. This is the MLITSD's dedicated health and safety complaint line. It is available Monday to Friday, 8:30 AM to 5:00 PM. After hours, the line provides instructions for reporting emergencies.
• Online reporting: You can file a workplace health and safety complaint online through the Ontario government's website at ontario.ca. Search for "file a workplace health and safety complaint" to find the form. You will need to provide the employer's name, the workplace address, a description of the hazard, and your contact information.
• Anonymous complaints: You can request that your identity be kept confidential when filing a complaint with the MLITSD. The Ministry will investigate the complaint without disclosing who filed it. However, providing your contact information allows the inspector to follow up with you for details.
• What triggers an inspection: The MLITSD triages complaints based on severity. Imminent danger complaints (someone is about to be seriously injured or killed) receive the highest priority and may result in an inspector being dispatched the same day. Less urgent complaints are scheduled for inspection based on available resources.

What Happens After You Report

When an MLITSD inspector responds to a complaint or work refusal, they have broad powers under the OHSA:

• Inspection: The inspector will visit the workplace, examine the conditions, interview workers and supervisors, and review documents (safety plans, training records, inspection logs, JHSC minutes).
• Orders: If the inspector finds a violation, they can issue compliance orders requiring the employer to fix the problem within a specified timeframe. Orders are posted in the workplace for all workers to see.
• Stop work orders: If the inspector finds an immediate danger to workers, they can issue a stop work order under OHSA Section 57. No work can proceed in the affected area until the hazard is eliminated and the order is lifted. Stop work orders are serious — they shut down production and cost the employer money, which is exactly the point.
• Charges and fines: For serious violations, the MLITSD can lay charges under the OHSA. Fines for individuals (supervisors, directors, officers) can reach $100,000 and/or 12 months imprisonment. Fines for corporations can reach $1,500,000 per offence.

Whistleblower Protections (OHSA Section 50)

This is the section that protects you. OHSA Section 50 makes it illegal for an employer to take any of the following actions against you for exercising a right under the Act:

• Dismissal or threat of dismissal
• Discipline or suspension
• Intimidation or coercion
• Imposing a penalty
• Any other reprisal

This protection covers reporting hazards, filing complaints with the MLITSD, refusing unsafe work, participating in a JHSC, testifying in a proceeding, and giving information to an inspector. The protection is broad and it applies whether your complaint turns out to be justified or not — as long as you acted in good faith.

If you believe you have been retaliated against, you can file a complaint with the Ontario Labour Relations Board (OLRB) within 30 days of the reprisal. Under Section 50, there is a reverse onus — the employer must prove that their action was not a reprisal. If the Board finds in your favour, remedies can include reinstatement, compensation for lost wages, removal of any disciplinary record, and any other order the Board considers appropriate.

Documentation Tips

If you are reporting a safety violation — whether internally or to the Ministry — documentation is your strongest ally. Here is what to record:

• Date, time, and location of the hazard
• Detailed description of the unsafe condition or practice
• Who is affected and how many workers are at risk
• Photos or video if you can safely take them (use your personal phone, not a company device)
• Names of witnesses who also observed the hazard
• Who you reported it to, when, and what their response was
• Any written communications — keep copies of texts, emails, and hazard reports
• Timeline: If the hazard has existed for days or weeks, document that. A pattern of neglect is more compelling than a one-time issue.

Keep your documentation in a personal location — your own phone, a personal email account, a folder at home. Do not rely solely on company systems that the employer controls.

The Bottom Line

You have the legal right to a safe workplace. If your employer is not providing one, the law gives you tools to force change — internal reporting, work refusal, Ministry complaints, and ironclad protection against retaliation. Use them. The system works, but only when workers exercise their rights. No job is worth your life, and no employer is above the law.