ONTARIO REGULATION 297/13: WHAT IT MEANS FOR YOUR CREW

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Ontario Regulation 297/13 changed the construction industry in this province. Since it took effect on April 1, 2015, every worker on a construction project who may use a method of fall protection must complete a Working at Heights (WAH) training program approved by the Chief Prevention Officer (CPO). No exceptions. No grandfathering. If you work at heights in Ontario construction, you need this training.

This article breaks down what the regulation requires, who it applies to, what the penalties are, and what both employers and workers need to do to stay compliant.

What Does Ontario Regulation 297/13 Actually Require?

The regulation is made under the Occupational Health and Safety Act (OHSA) and has two core requirements:

• Approved training program: Workers must complete a Working at Heights training program that has been approved by the CPO. Not just any fall protection course counts — it must be from an approved training provider delivering the CPO-approved program. The Ministry of Labour, Immigration, Training and Skills Development (MLITSD) maintains a public list of approved providers.
• Training valid for three years: The regulation requires workers to complete a refresher program within three years of their most recent training. After three years, your WAH certificate expires and you need to retrain before you can legally work at heights on a construction project.

The regulation applies specifically to construction projects as defined under O. Reg. 213/91 (Construction Projects). It does not apply to industrial or mining operations, which have their own fall protection training requirements.

Who Needs Working at Heights Training?

The regulation applies to any worker on a construction project who "may use a method of fall protection." In practical terms, this means:

• Anyone who works at heights: If there is any chance you will work in a location where you could fall three metres (10 feet) or more, you need WAH training. This is the trigger height for fall protection on construction projects in Ontario.
• Anyone who uses fall protection equipment: If you wear a harness, use a guardrail system, work on a safety net, or use any other fall protection method, you need the training.
• Supervisors and foremen: If you direct workers who work at heights, you should have the training as well. While the regulation specifically targets workers who use fall protection, supervisors who cannot identify hazards and proper procedures create risk for everyone on site.
• All construction trades: Roofers, ironworkers, framers, electricians, plumbers, HVAC technicians, bricklayers, glaziers — if you work on a construction project and may use fall protection, you need it regardless of your trade.

The only workers on a construction project who may not need it are those who will never work at or near an unprotected edge or elevated surface. In reality, that is a very small number of people on most job sites.

CPO-Approved Training Providers

Not every company offering fall protection training is approved under O. Reg. 297/13. To be compliant, your training must come from a provider that:

• Is listed on the MLITSD approved provider list: The ministry publishes a searchable directory of approved providers. Before you book, verify the provider's name appears on this list.
• Delivers the CPO-approved program: The training content, delivery method, minimum hours, and evaluation requirements are all set by the CPO. Providers cannot modify the core curriculum.
• Issues proper documentation: Upon successful completion, the provider must issue a proof of completion that includes the worker's name, the training program completed (initial or refresher), the date, and the provider's information.

Be wary of online-only Working at Heights courses. The CPO-approved program requires hands-on, in-person practical components. A purely online WAH course does not meet the regulatory requirements for construction workers in Ontario. WHMIS can be done online — Working at Heights cannot.

Be wary of online-only Working at Heights courses. The CPO-approved program requires hands-on, in-person practical components. A purely online WAH course does not meet the regulatory requirements for construction workers in Ontario.

The Three-Year Validity Period

Your WAH training is valid for three years from the date of successful completion. Here is what you need to know about the renewal cycle:

• Track your expiry date: Your proof of completion shows the date you finished the course. Three years from that date, your training expires. Mark it in your calendar well in advance.
• Refresher vs. initial: If your training has expired or is about to expire, you take the refresher program (typically a half-day). If you have never taken WAH training before, you take the initial program (typically a full day). The refresher is shorter because it assumes you already have the foundational knowledge.
• Do not let it lapse: If your training expires and you continue working at heights, both you and your employer are in violation of the regulation. Book your refresher before your certificate runs out, not after.
• Keep your records: Store a copy of your WAH certificate in a safe place. Employers should also keep copies on file. MOL inspectors can and do ask to see proof of training during site visits.

Employer Obligations

Employers bear significant responsibility under O. Reg. 297/13 and the broader OHSA framework:

• Ensure workers are trained: Before allowing a worker to use any method of fall protection on a construction project, the employer must ensure that worker has successfully completed an approved WAH program and that the training is current (within three years).
• Pay for training: Under the OHSA, employers are responsible for providing health and safety training at no cost to the worker. This includes WAH training.
• Maintain records: Employers must keep records of worker training and be able to produce them upon request by an MOL inspector.
• Provide site-specific training: The CPO-approved WAH program covers general fall protection knowledge. Employers are still responsible for providing additional site-specific training on the particular fall hazards, equipment, and rescue plans relevant to each job site.
• Enforce compliance: It is not enough to send workers to training. Employers must ensure that trained workers actually apply what they learned — using fall protection correctly, inspecting equipment, and following rescue plans.

Worker Obligations

Workers also have legal duties under the OHSA that connect directly to WAH training:

• Complete the training: Workers must participate in and successfully complete the approved training program when required by their employer.
• Use fall protection as trained: You are legally required to use the protective equipment provided by your employer and to use it in the manner you were trained. Working without your harness when one is required is an offence.
• Report hazards: If you see a fall hazard that is not being addressed, you have a duty to report it to your supervisor.
• Right to refuse: If you believe that working at heights without proper fall protection puts you in danger, you have the right to refuse unsafe work under Section 43 of the OHSA.

Penalties for Non-Compliance

The consequences of ignoring O. Reg. 297/13 are serious:

• Orders and fines: An MOL inspector who finds untrained workers using fall protection on a construction site can issue compliance orders and levy fines. Under the OHSA, fines can reach $100,000 and/or 12 months in jail for individuals, and up to $1,500,000 for corporations per offence.
• Stop work orders: Inspectors can shut down all work at heights on a project until compliance is achieved. This costs you time, money, and reputation.
• Liability in case of injury: If a worker is injured or killed in a fall and was not properly trained, the employer faces significantly increased liability. Crown prosecutors and the courts take training failures very seriously.
• WSIB implications: Non-compliance with safety regulations can affect WSIB premiums and the employer's ability to contest claims.

How O. Reg. 297/13 Changed the Industry

Before this regulation took effect in 2015, there was no standardized requirement for fall protection training in Ontario construction. Individual employers provided whatever training they saw fit — some excellent, some minimal, and some nonexistent. The quality varied wildly.

The regulation created a level playing field. Every construction worker in Ontario now receives the same core training program, regardless of their employer, their trade, or the size of their company. This standardization has had a measurable impact. The construction sector has seen steady improvement in fall-related injury and fatality rates since the regulation was implemented, though falls remain the number one killer on Ontario construction sites.

The regulation also professionalized the training provider landscape. Only providers who meet the CPO's standards for instructor qualifications, facilities, equipment, and program delivery can operate. This eliminated a lot of substandard training operations that existed before 2015.

The Bottom Line

Ontario Regulation 297/13 is straightforward: if you work at heights on a construction project, you need CPO-approved training, and you need to renew it every three years. Employers need to make sure their workers are trained and that records are current. The penalties for non-compliance are steep, and the risk to workers who are not properly trained is even steeper.

If your WAH certificate is expired or you have workers who still need to get trained, do not put it off. Get it done before the next MOL inspector walks onto your site.