JOINT HEALTH AND SAFETY COMMITTEES: YOUR RIGHTS IN ONTARIO

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If you work on a construction site in Ontario with 20 or more workers, your employer is legally required to have a Joint Health and Safety Committee (JHSC). This is not a suggestion — it is a requirement under Section 9 of the Occupational Health and Safety Act (OHSA). The JHSC is one of the most powerful tools workers have to identify hazards, push for safer conditions, and hold employers accountable. Yet many workers have no idea what a JHSC does, who sits on it, or how to use it.

This article breaks down everything you need to know about JHSCs in Ontario — the legal requirements, your rights, and how to make the committee actually work for you.

When Is a JHSC Required?

Under OHSA Section 9(2), a JHSC must be established at any workplace where 20 or more workers are regularly employed. For construction projects specifically, a JHSC is required when 20 or more workers are expected to work on the project at any time. This includes all workers on site — not just one trade or one employer.

For workplaces with 6 to 19 workers, a health and safety representative must be selected by workers who do not exercise managerial functions (OHSA Section 8). Workplaces with 5 or fewer workers are not required to have either, though the employer's duties under the Act still apply in full.

On multi-employer construction projects, the constructor (the party with overall control of the project) is responsible for ensuring the JHSC is established and functioning.

JHSC Composition

The law is specific about who sits on the committee and how it is structured:

• Minimum size: At least two members for workplaces with 20-49 workers. At least four members for workplaces with 50 or more workers.
• Worker representation: At least half of the committee members must be workers who do not exercise managerial functions. This is non-negotiable — the JHSC is meant to give workers a real voice, not be stacked with supervisors.
• Worker members are chosen by workers: The worker members of the JHSC must be selected by the workers they represent, or by the union if the workplace is unionized. The employer does not get to pick the worker representatives.
• Management members: The employer selects the management representatives on the committee.
• Co-chairs: The committee must have two co-chairs — one selected by the worker members and one selected by the management members.

Certified Members

OHSA Section 9(12) requires that at least one worker member and one management member of the JHSC be certified. Certification means completing a two-part training program approved by the Chief Prevention Officer:

• Part One: Basic certification training that covers OHSA fundamentals, the Internal Responsibility System, hazard recognition, and JHSC functions. This is a standardized program — all approved providers teach the same core content.
• Part Two: Workplace-specific hazard training tailored to the specific workplace. This must be completed within six months of Part One.

Certified members have additional powers, including the right to stop work that is dangerous to any worker (OHSA Section 9(34)) and to investigate work refusals and critical injuries. The employer must pay for certification training and any time spent on JHSC duties.

Certified JHSC members have a legal power that most workers do not realize exists: the right to stop dangerous work under OHSA Section 9(34). If you are a certified member, use that authority when it is needed — it exists to save lives, not to sit in a binder.

What the JHSC Does

The JHSC is not a social committee or a box-ticking exercise. It has real functions defined in law:

• Identify hazards: The committee identifies existing and potential hazards in the workplace through regular inspections. At least one worker member and one management member must conduct a monthly workplace inspection.
• Make written recommendations: When the JHSC identifies a hazard, it makes formal written recommendations to the employer about how to fix it. The employer must respond in writing within 21 days, either agreeing to the recommendation with a timeline for implementation, or providing reasons why they disagree.
• Meeting frequency: The JHSC must meet at least once every three months (quarterly). In practice, many construction JHSCs meet monthly because hazards on active sites change quickly. Minutes must be kept and posted in the workplace where workers can read them.
• Investigate incidents: The JHSC has the right to investigate work refusals, critical injuries, fatalities, and any other workplace incident.
• Access to information: The employer must provide the JHSC with information about hazards in the workplace, including test results for air quality, noise, chemicals, and any other exposure data. The committee also has the right to see workplace inspection reports from the Ministry of Labour, Immigration, Training and Skills Development (MLITSD).

Your Three Fundamental Rights

Every worker in Ontario — whether or not you sit on the JHSC — has three fundamental rights under the OHSA. These are the backbone of the entire occupational health and safety system:

• The right to know: You have the right to be informed about hazards in your workplace. This includes hazardous materials (via WHMIS labels and Safety Data Sheets), physical hazards, biological hazards, and any workplace condition that could harm you. Your employer must provide this information through training, signage, and documentation.
• The right to participate: You have the right to be part of the process of identifying and resolving health and safety issues. The JHSC is the primary mechanism for this, but it extends to every worker. You can raise concerns, report hazards, and contribute to safety solutions without fear of punishment.
• The right to refuse unsafe work: Under OHSA Section 43, you have the right to refuse work that you believe is likely to endanger yourself or another worker. This is a powerful and legally protected right. No employer can fire, discipline, suspend, threaten, or penalize you in any way for exercising a legitimate work refusal.

How to Refuse Unsafe Work (OHSA Section 43)

The work refusal process has specific steps defined in the Act. Following them correctly protects you legally:

• Step 1 — Report to your supervisor: Tell your supervisor or employer that you are refusing to work and explain the specific hazard. Be clear: "I am refusing this work because I believe [specific hazard] is likely to endanger me." Do this verbally and, if possible, put it in writing.
• Step 2 — Investigation: The employer must investigate the refusal in the presence of the worker and a JHSC worker member or health and safety representative. If there is no committee or representative, another worker chosen by the refusing worker may be present.
• Step 3 — Resolution or escalation: If the employer resolves the hazard to the worker's satisfaction, work resumes. If the worker still believes the work is unsafe after the employer's investigation, the matter is escalated to the MLITSD. An inspector will investigate and issue a written decision.
• Step 4 — Pending the investigation: While the MLITSD investigates, the refusing worker may be assigned other reasonable work. No other worker may be assigned to do the refused work unless they are informed of the refusal and the reasons for it, and they are told they also have the right to refuse.

During the entire process, you must remain at or near your workstation — you cannot just leave the site. You are being paid for this time. The employer cannot dock your pay for exercising a work refusal.

How to Raise Concerns Through the JHSC

You do not need to be on the committee to bring concerns to it. Here is how to use the JHSC effectively:

• Talk to a worker member: Find out who the worker representatives are on your JHSC. Their names must be posted in the workplace. Bring your concern to them directly — they are required to raise it at the next committee meeting or sooner if it is urgent.
• Put it in writing: Document the hazard you are concerned about. Include the date, location, what the hazard is, who is affected, and what you think should be done about it. Written concerns create a paper trail.
• Review the minutes: JHSC meeting minutes must be posted in the workplace. Read them. Check whether your concern was raised, what the recommendation was, and how the employer responded.
• Follow up: If the employer rejected the recommendation or the hazard has not been fixed within the stated timeline, press the JHSC to escalate the issue.

Whistleblower Protections (OHSA Section 50)

OHSA Section 50 makes it illegal for an employer to retaliate against any worker for exercising a right under the Act. This includes raising concerns, participating in a JHSC, reporting hazards, or refusing unsafe work. If you are fired, suspended, disciplined, intimidated, or penalized in any way for exercising these rights, you can file a complaint with the Ontario Labour Relations Board (OLRB) within 30 days. If the Board finds that the employer retaliated, it can order reinstatement, compensation for lost wages, and removal of any disciplinary record.

Know your rights. Use the JHSC. Document everything. The system only works when workers actively participate in it — and the law is squarely on your side when you do.