WHAT HAPPENS DURING AN MOL WORKPLACE INSPECTION?

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An inspector from the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) can walk onto your construction site at any time, without notice. If you have never been through an inspection, it can feel intimidating. But if you understand the process, know your rights, and keep your site in order, an inspection is straightforward. Here is what actually happens.

Why Inspections Happen

MLITSD inspectors visit Ontario construction sites for several reasons. Not every inspection means something is wrong. Understanding the trigger helps you know what to expect:

• Proactive inspection blitzes: The ministry runs targeted campaigns throughout the year focused on specific hazards — fall protection, trenching and excavation, tower cranes, or high-rise construction. During a blitz, inspectors visit multiple sites in a region to check compliance with specific regulations. These are scheduled internally by the ministry and are not triggered by anything on your site.
• Complaint-driven inspections: If a worker, union representative, or member of the public files a complaint with the ministry, an inspector will be assigned to investigate. The identity of the complainant is protected by law — the employer is not told who filed the complaint.
• Post-incident investigations: Any critical injury, fatality, or structural collapse on a construction site triggers a mandatory inspection. Under OHSA section 51, employers must immediately notify the ministry and the joint health and safety committee (or health and safety representative) of any critical injury or death. The scene must be preserved until an inspector arrives, except to prevent further injuries or to attend to the injured.
• Follow-up inspections: If a previous inspection resulted in orders, an inspector may return to verify that the required corrections have been made within the specified timeline.

Inspector Authority Under the OHSA

MLITSD inspectors have broad authority under section 54 of the Occupational Health and Safety Act. Knowing what they are legally empowered to do eliminates surprises:

• Enter without warrant: An inspector can enter any workplace at any reasonable time without prior notice or a warrant. They do not need permission from the employer, constructor, or site supervisor.
• Examine and test: They can examine any equipment, material, biological agent, chemical agent, or physical agent in the workplace. They can require that anything in the workplace not be disturbed for a reasonable period.
• Demand documents: Inspectors can require the production of any drawings, specifications, licences, training records, documents, or other records relevant to the inspection. This includes Working at Heights training certificates, WHMIS training records, equipment inspection logs, and the project's health and safety policy.
• Interview workers: They can question any person on matters relevant to the inspection. Workers have the right to speak to inspectors privately, without the employer present.
• Take samples and photos: Inspectors can take photographs, video recordings, and samples of any materials for testing or evidence.

Obstructing an inspector is an offence under the OHSA. Cooperate fully, answer questions honestly, and provide whatever documents are requested.

An MLITSD inspector does not need a warrant, does not need to give you advance notice, and can enter your workplace at any time. Cooperate fully, answer honestly, and never obstruct an inspection — obstruction is a separate offence under the OHSA.

What Inspectors Look For on Construction Sites

While the specific focus varies depending on the type of inspection, there are common areas that inspectors check on virtually every construction site visit:

• Fall protection: Are guardrails in place at open edges? Are workers using harnesses with valid Working at Heights training? Are anchor points rated and identified? Is there a written fall protection plan? Are travel restraint and fall arrest systems properly configured?
• Scaffolding: Is scaffolding erected by a competent person? Are platforms fully decked with proper guardrails? Are base plates on firm footing? Are access ladders provided?
• Trenching and excavation: Are trenches sloped, shored, or shielded according to Ontario Regulation 213/91? Is spoil pile at least 1 metre from the edge? Is there a means of entry and exit within 8 metres of any worker?
• Training records: Do workers have valid Working at Heights certificates? Have workers completed WHMIS training? Are health and safety awareness training records available for all workers and supervisors?
• JHSC or H&S representative: For projects with 20+ workers, is there a joint health and safety committee? For 6-19 workers, is there a designated health and safety representative?
• Hazard communication: Are Safety Data Sheets accessible? Are hazardous products properly labelled? Are workers informed about site-specific hazards?
• PPE compliance: Are workers wearing hard hats, safety boots, high-visibility vests, eye protection, and hearing protection where required?
• Housekeeping: Is the site free of unnecessary debris? Are walkways clear? Are floor openings covered and marked?

Types of Inspector Actions

If an inspector finds non-compliance, they have several enforcement tools at their disposal, ranging from minor to severe:

• Compliance order (section 57): The most common outcome. The inspector issues a written order requiring the employer or constructor to comply with a specific provision of the OHSA or its regulations within a specified timeframe. For example, "Provide guardrails at the east perimeter of the 4th floor by [date]." You must comply by the deadline.
• Stop work order (section 57): If the inspector finds a situation that poses an immediate danger to workers, they can order all work to stop in the affected area — or on the entire site — until the hazard is corrected. A stop work order stays in effect until the inspector returns and confirms the issue is resolved. No one may work in the affected area until the order is lifted.
• Requirement to provide information: The inspector may require the employer to submit documents, plans, or reports by a specific date.
• Ticketing (Part I Provincial Offences): For certain offences, inspectors can issue tickets on the spot — similar to traffic tickets. These come with set fines. Common ticket offences on construction sites include workers not wearing hard hats, missing guardrails, and lack of training documentation.
• Prosecution (Part III Provincial Offences): For serious violations, the ministry may pursue prosecution through the courts. Convictions can result in fines up to $100,000 for individuals and up to $1,500,000 for corporations, and in some cases imprisonment of up to 12 months.

How to Prepare for an Inspection

The best way to handle an inspection is to run your site as if one could happen any day — because it can. Here is what keeps you ready:

• Training records on site: Keep copies of all Working at Heights certificates, WHMIS training records, and health and safety awareness training certificates accessible on site — not just at head office. Digital copies on a tablet or phone are acceptable.
• Equipment inspection logs: Maintain daily pre-use inspection records for scaffolding, fall protection equipment, cranes, hoists, and other regulated equipment.
• Health and safety policy: Have your written health and safety policy posted where workers can see it. For construction projects, the constructor's name and project supervisor must be posted at the project entrance.
• Notice of project: If required under Ontario Regulation 213/91 section 6, ensure the notice of project has been filed with the MLITSD before work began.
• SDSs available: Keep Safety Data Sheets for all hazardous products accessible at the work location.
• Site housekeeping: Maintain clean, organized work areas. A tidy site signals a well-managed operation.

Your Rights During an Inspection

Workers and employers both have rights during an MLITSD inspection:

• Worker accompaniment: A worker member of the JHSC (or the health and safety representative) has the right to accompany the inspector during the workplace inspection. This is called the "walk-around" right.
• Right to speak privately: Workers can speak to inspectors without the employer present. Inspectors often seek out workers to ask about conditions, training, and whether they feel safe.
• Right to copies of orders: Both employers and workers (or their representatives) are entitled to copies of any orders issued.
• Right to appeal: If the employer disagrees with an order, they can appeal to the Ontario Labour Relations Board within 30 days. However, the order remains in effect during the appeal process unless the Board grants a suspension.

Common Violations on Ontario Construction Sites

Based on MLITSD enforcement data, the most frequently cited violations on construction sites include:

• Missing or inadequate fall protection — workers at heights without guardrails, harnesses, or valid WAH training
• Scaffold deficiencies — incomplete platforms, missing guardrails, no access ladder
• Excavation hazards — unsupported trench walls, no means of egress
• Lack of training documentation — no proof of WAH, WHMIS, or awareness training
• PPE non-compliance — workers without hard hats, safety boots, or high-visibility clothing
• Housekeeping failures — debris in walkways, uncovered floor openings
• Missing or outdated health and safety policy

The Bottom Line

An MLITSD inspection is not something to fear — it is something to be prepared for. Keep training current, documents accessible, equipment inspected, and hazards controlled. If an inspector shows up tomorrow, the site should already be in compliance. That is not just how you pass an inspection — it is how you keep workers alive.