Safety Compliance for Ontario Construction Companies

Who This Guide Is For

You've incorporated (Guide 1), registered with CRA (Guide 2), set up your WSIB account (Guide 3), handled trade-specific licensing (Guide 4), and purchased your insurance (Guide 5). Now you need to understand and comply with Ontario's occupational health and safety requirements, the legal framework that governs how you protect your workers, yourself, and everyone else on your job sites.

This is essential reading before you begin any work. Safety compliance starts before your first worker sets foot on your first job site. The Ontario Ministry of Labour, Immigration, Training and Skills Development (MLITSD), commonly called the Ministry of Labour or MOL, can and does show up at construction sites unannounced to conduct inspections. If you're not compliant, the consequences are immediate and severe: stop-work orders, personal fines for you as a director, and in the worst cases, criminal charges.

Construction is the most dangerous major industry in Ontario. Falls from heights and struck-by incidents are the top killers. The MOL inspects construction sites more frequently than any other sector. This guide covers everything you need to know to be compliant from Day 1 and to build a safety culture that protects your workers and your business.

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The Legal Framework: What Governs You

Ontario construction safety is governed by three layers of legislation:

1. Occupational Health and Safety Act (OHSA)

The OHSA is the main statute. It applies to virtually every workplace in Ontario and establishes the fundamental duties of employers, supervisors, workers, and constructors. Key sections for construction:

• Section 25: Duties of employers (you)
• Section 27: Duties of supervisors
• Section 28: Duties of workers
• Section 23: Duties of constructors (the person who has overall control of a construction project)
• Section 31: Stop-work orders by MOL inspectors
• Section 66: Penalties on conviction

2. O. Reg. 213/91: Construction Projects

This is the Construction Projects Regulation, the detailed regulation that applies specifically to construction sites. It contains hundreds of specific requirements covering:

• Notices of project
• General site housekeeping and access
• Protective equipment
• Scaffolding, platforms, and working surfaces
• Excavations and trenching
• Fall protection
• Fire protection
• Cranes, hoisting, and rigging
• Electrical hazards
• Confined spaces
• Demolition
• Tunnels and shafts
• Underwater work

If the OHSA is the constitution, O. Reg. 213/91 is the detailed code. An up-to-date copy (called the "Green Book" in the industry) should be on every job site. You can access it online at ontario.ca/laws/regulation/910213.

3. Other Applicable Regulations

Depending on your work, additional regulations may apply:

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Your Duties Under the OHSA: What You're Legally Responsible For

As an Employer (Section 25)

If you employ even one worker, you are an employer under the OHSA. Your duties include:

1. Provide information, instruction, and supervision to protect workers' health and safety
2. Ensure equipment, materials, and protective devices are maintained in good condition
3. Ensure measures and procedures prescribed by the OHSA and regulations are carried out
4. Provide a written health and safety policy and review it at least annually (required if you have 6+ workers)
5. Post the OHSA in the workplace (every construction site; a copy of the Act or the relevant regulation must be posted where workers can see it)
6. Provide mandatory training to workers and supervisors (see Training section below)
7. Take every precaution reasonable in the circumstances for the protection of a worker. This is the "general duty" clause and it is broad. It means even if a specific hazard isn't covered by a specific regulation, you're still required to protect against it if a reasonable person would.
8. Not employ or permit underage workers on construction projects (minimum age 16 for most construction work; 18 for some hazardous operations)

As a Constructor (Section 23)

The constructor is the person or company that has overall responsibility for a construction project. This is usually the general contractor, but it can be the property owner if they're managing the project directly.

If you're the constructor, you have additional duties on top of employer duties:

1. Ensure all employers and workers on the project comply with the OHSA and regulations. You're responsible for EVERYONE on the site, including subcontractors and their workers.
2. File a Notice of Project with the MOL before work begins (if required; see below)
3. Appoint a supervisor for the project who is competent and has knowledge of the OHSA and regulations
4. Ensure that the measures and procedures prescribed by the regulations are carried out on the project

The constructor concept is critical in construction. If you're a GC, you're the constructor. If a sub's worker gets hurt because the sub wasn't following safety rules, you (the constructor) can be charged, because you had the duty to ensure compliance on the entire project.

As a Supervisor (Section 27)

Every person who has charge of a workplace or authority over a worker is a supervisor under the OHSA, whether they have the title or not. If you're a one-person company, you're the supervisor (of yourself). If you have a foreman, lead hand, or site superintendent, they're supervisors.

Supervisors must:

1. Ensure workers comply with the OHSA and regulations
2. Ensure workers use or wear the equipment, protective devices, or clothing required by the employer or regulations
3. Advise workers of the existence of any potential or actual danger to health or safety that the supervisor is aware of
4. Take every precaution reasonable in the circumstances for the protection of a worker

Personal Liability

Here's what makes OHSA different from most other legislation: directors, officers, and supervisors are personally liable for their failures to comply. This goes beyond corporate liability. The MOL can charge YOU personally.

• Maximum fine for a corporation: $2,000,000 per offence
• Maximum fine for an individual (director, officer, or supervisor): $200,000 per offence
• Maximum jail time for an individual: 12 months per offence
• Additional penalty: If a fine is imposed, the court may also impose up to 25% of the fine as a "victim fine surcharge"

These are not theoretical. Ontario courts regularly convict construction company directors and supervisors under the OHSA. A worker death on a construction site almost always results in charges against the constructor, the employer, and individual supervisors.

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Mandatory Training: What Every Worker and Supervisor Needs

1. Basic Occupational Health and Safety Awareness Training (O. Reg. 297/13)

Who: Every worker and every supervisor in Ontario, regardless of industry.

When: Before they start work. Existing workers should have already completed it.

What it covers:

• Workers' and supervisors' rights and duties under the OHSA
• Employer's duties
• Common workplace hazards
• Roles of the Joint Health and Safety Committee (JHSC) and health and safety representative
• WHMIS (Workplace Hazardous Materials Information System) basics
• How to refuse unsafe work (Section 43 of the OHSA)

How to get it:

• Free online training available from the Ontario government at ontario.ca/page/health-and-safety-training
• Takes approximately 1-2 hours for worker training, 2-4 hours for supervisor training
• Must be documented; you must keep records that each worker/supervisor completed the training

The supervisor training is separate from and in addition to the worker training. Anyone who supervises others must complete both.

2. Working at Heights Training (O. Reg. 213/91, s. 26.2)

Who: Every worker on a construction project who may use any of the following methods of fall protection:

• Travel restraint systems
• Fall restricting systems
• Fall arrest systems
• Safety nets

In practice, this means almost every worker on a construction project, because most construction work involves potential fall hazards of 3 metres or more.

Requirements:

• Training must be delivered by a Chief Prevention Officer (CPO) approved training provider
• The program must follow the Working at Heights Training Program Standard
• Training includes both classroom instruction and practical hands-on components (harness use, anchor points, fall rescue procedures)
• Duration: typically half a day to a full day (6-8 hours)
• Valid for 3 years; refresher training required every 3 years
• Employers must keep records of training completion

Cost: Approximately $150-$250 per worker through approved training providers

Where to find approved providers:

• Ministry of Labour's Marketplace lists approved training providers at ontario.ca/page/training-working-heights
• IHSA (Infrastructure Health & Safety Association) is one of the largest providers

Enforcement: This is heavily enforced. MOL inspectors routinely check working at heights training records during construction site inspections. If a worker can't produce proof of current training, the inspector can issue an order to remove the worker from the site.

3. Joint Health and Safety Committee (JHSC) Certification Training

Who: If your company regularly employs 20 or more workers at a project, or if the project is expected to last 3 months or more, you must establish a Joint Health and Safety Committee. At least one management member and one worker member of the JHSC must be certified through a CPO-approved training program.

Requirements:

• Part 1 training: Basic certification (3 days / approximately 18-24 hours)
• Part 2 training: Workplace-specific certification (2-3 days, specific to your hazards; for construction, this covers construction-specific hazards and regulations)
• Refresher training: Required every 3 years to maintain certification
• Must be delivered by a CPO-approved provider

Cost: Approximately $500-$1,500 per person for the full certification (Part 1 + Part 2)

For most new construction companies starting with fewer than 20 workers: You don't need a full JHSC. But you DO need a health and safety representative (selected by workers) if you have 6-19 workers regularly employed. If you have fewer than 6, you don't need a JHSC or representative, but you still have all the other employer duties.

4. WHMIS Training

Who: Every worker who may be exposed to or work near hazardous products in the workplace.

What: Workplace Hazardous Materials Information System training covers:

• Safety Data Sheets (SDS): how to read and understand them
• Hazard labels and symbols
• Worker rights and employer obligations for hazardous products
• Specific hazards of the products used in YOUR workplace

When: Before a worker is exposed to a hazardous product. In construction, this typically means Day 1, because construction sites use adhesives, solvents, paints, cleaning chemicals, concrete additives, and other hazardous products.

WHMIS training has two components:

1. General WHMIS education: the system, labels, SDS format (can be done online)
2. Workplace-specific training: the actual hazardous products used on your specific job sites (must be done by the employer, on-site or in the context of the actual work)

Cost: Free to minimal for the general education portion (many online options). Workplace-specific training is done by the employer using product-specific SDS information.

5. Trade-Specific Safety Training

Depending on your construction activities, additional safety training may be required:

6. First Aid Requirements (WSIB Regulation 1101)

Every employer in Ontario must have first aid supplies and trained first aid providers in the workplace. Requirements scale with the number of workers:

First aid training:

• Emergency First Aid (1 day): typically $80-$120 per person
• Standard First Aid + CPR-C (2 days): typically $120-$180 per person
• Training is valid for 3 years
• Must be provided by an approved training provider (St. John Ambulance, Canadian Red Cross, WSIB-approved providers)

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Notice of Project: When and How to File

When It's Required

Under O. Reg. 213/91, the constructor must file a Notice of Project with the MOL before work begins on a construction project if:

• The project is expected to last more than 14 days, OR
• The project involves more than $50,000 in construction costs (materials and labour combined)

In practice, most commercial and institutional projects require a Notice of Project. Small residential renovations under $50,000 that last less than 14 days may be exempt, but if in doubt, file one. There's no cost.

What the Notice Includes

• Project address and description
• Constructor's name, address, and contact information
• Project start date and expected duration
• Project owner's name
• Number of workers expected on site
• Whether the project involves a designated substance (asbestos, lead, etc.)

How to File

• Online through the MOL's Health and Safety Ontario system
• By fax to the nearest MOL regional office
• Must be filed before work begins

2025 Amendment

As of June 2025, Ontario amended the Notice of Project requirements. Projects of a defined size now require pre-approved and documented safety plans available on-site at all times. This is in addition to the Notice of Project itself. The amendment reflects the MOL's increasing emphasis on proactive safety planning rather than reactive enforcement.

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What You Need on Every Job Site

Mandatory Documents and Postings

The following must be available or posted on every construction project:

1. The OHSA and O. Reg. 213/91. A copy of the Act and the construction regulation (the "Green Book") must be available on site.
2. Notice of Project. If one was required, a copy must be posted at the project entrance.
3. Emergency contact information. Nearest hospital, emergency phone numbers, workplace emergency procedures.
4. Health and Safety Policy. Your company's written H&S policy must be posted (if you have 6+ workers).
5. WHMIS Safety Data Sheets. For every hazardous product on site, the SDS must be readily accessible.
6. First aid certificates. Proof that your first aid trained worker is on site.
7. JHSC or H&S representative names. Posted if applicable.
8. MOL orders. Any MOL inspection order must be posted at the workplace until compliance is achieved.
9. Training records. Working at heights, WHMIS, and other training records should be accessible on site (or quickly producible; many companies keep digital copies).

Mandatory Equipment and Infrastructure

Personal Protective Equipment (PPE) Minimums

On most Ontario construction sites, the following PPE is required at all times:

• Hard hat (CSA-approved Class E): mandatory on all construction sites
• Safety footwear (CSA-approved, Grade 1): steel or composite toe, puncture-resistant sole
• High-visibility vest or clothing: required when workers may be exposed to vehicular traffic or equipment
• Eye protection (CSA-approved safety glasses/goggles): when there's a risk of eye injury from flying particles, dust, sparks, etc.
• Hearing protection: required when noise levels exceed 85 dBA (very common in construction, given power tools, equipment, and impact drivers)

Who pays for PPE? Under the OHSA, the employer is required to provide most PPE at no cost to the worker. The exceptions are safety boots and prescription safety glasses, which are the worker's responsibility in most cases (though many employers provide a boot/glasses allowance). Hard hats, vests, eye protection, hearing protection, fall protection harnesses, and respirators are on you.

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Fall Protection: The #1 Compliance Focus

Falls are the leading cause of death on Ontario construction sites. The MOL targets fall protection as its primary enforcement priority. Here's what you need to know.

The 3-Metre Rule

Under O. Reg. 213/91, fall protection is required when a worker is exposed to a fall hazard of 3 metres (10 feet) or more. This includes:

• Working on roofs
• Working on scaffolding
• Working on elevated platforms or floors
• Working near open edges, holes, or shafts
• Working on ladders at certain heights

Fall Protection Methods (in order of preference)

The regulation and industry best practice follow a hierarchy of fall protection:

1. Elimination. Design the work so nobody needs to work at height (e.g., prefabricate on the ground and crane it into place).
2. Guardrails. A passive system that physically prevents falls. Preferred because it protects without requiring worker action.
3. Travel restraint. A system that prevents the worker from reaching the fall edge. The worker is connected to an anchor but has limited range of movement.
4. Fall restrict. A system that limits a free fall to 0.6 metres (used on some specific applications).
5. Fall arrest. A system (harness + lanyard + anchor) that arrests a worker AFTER they fall. This is the last resort: it doesn't prevent the fall, it just catches you. Maximum free fall distance is 1.2 metres for construction (including deceleration device deployment and harness stretch).
6. Safety nets. Catches fallen workers. Used on some specific project types.

What This Means in Practice

• Every edge, opening, or hole where a worker could fall 3+ metres must have a guardrail, cover, or other protection
• Every worker who might use fall protection must have completed Working at Heights training (see Training section)
• Fall protection equipment (harnesses, lanyards, anchors, self-retracting lifelines) must be CSA-approved, inspected before each use, and maintained per manufacturer's instructions
• A written fall protection plan may be required for complex situations where standard guardrails aren't feasible
• Rescue plan. If you're using fall arrest systems, you must have a rescue plan in place BEFORE work begins. A worker suspended in a harness after a fall can suffer suspension trauma (circulatory failure) within minutes. You need a plan to get them down quickly.

Enforcement

MOL inspectors check fall protection on every construction site visit. Deficiencies are the most common reason for stop-work orders on Ontario construction sites. A missing guardrail, an untied worker on a roof, or an improperly anchored fall arrest system will result in immediate orders and potentially charges if the deficiency is serious enough.

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Health and Safety Policy and Program

Written Health and Safety Policy (6+ Workers)

If your company regularly employs 6 or more workers, you must prepare and review (at least annually) a written occupational health and safety policy. The policy must be signed by the highest-ranking person in the company (you, as President/CEO) and posted in the workplace.

What the policy should include:

• A statement of the company's commitment to health and safety
• The responsibilities of management, supervisors, and workers
• Reference to the OHSA and applicable regulations
• The company's commitment to the internal responsibility system (IRS)
• The date it was prepared/reviewed and the signature of the senior executive

Health and Safety Program (Recommended for All)

Beyond the mandatory policy, a full health and safety program includes:

1. Hazard identification and assessment. For each project, identify the hazards before work begins.
2. Safe work procedures. Written procedures for common hazardous tasks (working at heights, excavation, hot work, confined spaces, rigging, etc.).
3. Training matrix. Tracking which workers have which training and when it expires.
4. Inspection program. Regular workplace inspections by supervisors and/or JHSC members.
5. Incident investigation process. How to investigate accidents, near-misses, and hazards.
6. Emergency response procedures. What to do in case of fire, injury, structural collapse, chemical spill, etc.
7. Disciplinary policy. Progressive discipline for safety violations (verbal warning -> written warning -> suspension -> termination).
8. Return-to-work program. How to accommodate injured workers returning to modified duties (WSIB requires this).

Why bother if you have fewer than 6 workers? Because having a documented safety program:

• Reduces incidents (which reduces WSIB premiums and insurance costs)
• Demonstrates due diligence. If something goes wrong, having a documented program is your best defence against OHSA charges.
• Is required by many GCs. Large GCs require subs to submit their safety program as part of prequalification.
• Is required for COR certification. If you ever want a Certificate of Recognition (see below).

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The Internal Responsibility System (IRS)

Ontario's approach to workplace safety is built on the Internal Responsibility System, the principle that everyone in the workplace shares responsibility for health and safety. Safety is the shared obligation of every worker, supervisor, employer, and constructor.

How It Works in Practice

• Workers identify hazards and report them to their supervisor. Workers have the right to refuse unsafe work (Section 43 of the OHSA) without reprisal.
• Supervisors address reported hazards, enforce safety rules, and ensure workers have proper training and equipment.
• Employers provide the resources, training, policies, and procedures that make safe work possible.
• Constructors (on construction projects) ensure all parties on the project are working safely.

The right to refuse unsafe work is fundamental. If a worker reasonably believes that their work is likely to endanger them or another worker, they can refuse to perform it. The employer/supervisor must then investigate, make the work safe, and either resolve the concern or call in an MOL inspector. You cannot discipline, fire, or penalize a worker for exercising a legitimate work refusal. Doing so is an offence under the OHSA with severe consequences.

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MOL Inspections: What to Expect

When Inspectors Show Up

MOL inspectors visit construction sites:

• Proactive inspections (blitzes). The MOL runs targeted inspection campaigns. Recent focus areas include falls from heights, struck-by hazards, electrical hazards, and excavation safety.
• Complaint-driven inspections. If a worker files a health and safety complaint (anonymously), an inspector will visit.
• Critical injury / fatality investigations. Mandatory investigation when a critical injury or death occurs.
• Follow-up inspections. To verify compliance with previous orders.

You have no advance warning. Inspectors arrive unannounced. They have the legal right to enter any workplace at any reasonable time without a warrant.

What Inspectors Can Do

Under the OHSA, an MOL inspector can:

1. Enter any workplace without notice or warrant
2. Inspect any process, material, equipment, or thing in the workplace
3. Take samples, photographs, or recordings
4. Require the production of any documents (training records, safety plans, inspection logs, etc.)
5. Interview any person in the workplace
6. Issue orders. Written orders requiring the employer/constructor to comply with the OHSA and regulations within a specified time.
7. Issue stop-work orders. Immediately stop any activity that presents an immediate danger. The work cannot resume until the inspector is satisfied the danger is resolved.
8. Issue compliance orders. Requiring compliance within a set timeframe.
9. Lay charges. Recommend prosecution under the OHSA.

What Happens During a Typical Inspection

1. The inspector arrives on site and identifies themselves
2. They ask to speak with the constructor's site supervisor
3. They walk the site, observing work activities and conditions
4. They check documentation: Notice of Project, training records, WHMIS SDS binders, fall protection plans, etc.
5. They may interview workers about their training, knowledge of hazards, and awareness of the safety program
6. If they find deficiencies, they issue written orders on the spot
7. They may return for a follow-up inspection to verify compliance

How to Handle an Inspection

• Be cooperative and professional. Don't argue, don't block access, don't hide anything.
• Assign someone to accompany the inspector throughout the site visit (typically the site supervisor)
• Have your documentation accessible. Training records, Notice of Project, safety policies, inspection logs.
• If an order is issued, fix it as fast as possible. Post the order on site as required. Document your compliance actions.
• You have the right to appeal an order within 30 days to the Ontario Labour Relations Board. But in practice, most companies comply rather than appeal, as it's faster and less costly.

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Incident Reporting: What You Must Report and When

Critical Injury or Death (Immediate Reporting)

Under O. Reg. 834, a critical injury is defined as an injury of a serious nature that:

• Places life in jeopardy
• Produces unconsciousness
• Results in substantial loss of blood
• Involves the fracture of a leg or arm (not a finger or toe)
• Involves the amputation of a leg, arm, hand, or foot
• Consists of burns to a major portion of the body
• Causes the loss of sight in an eye

If a critical injury or death occurs:

1. Immediately secure the scene. Do not disturb it unless necessary to save a life, prevent further injury, or protect the public.
2. Immediately notify the MOL by phone at 1-877-202-0008 (the MOL's Health & Safety Contact Centre, 24/7)
3. Immediately notify the JHSC or H&S representative
4. Within 48 hours provide a written report to the MOL director (containing prescribed information about the incident)
5. Preserve the scene. Do not disturb the scene of a critical injury/fatality until an MOL inspector has attended and released it, except to save life, relieve suffering, maintain an essential service, or prevent unnecessary damage to equipment.

Also report to:

• WSIB: Form 7 (Employer's Report of Injury) within 3 business days
• Your insurer: notify immediately if there may be a liability claim
• Police: if a fatality occurs

Non-Critical Injuries

For injuries that require medical attention but are not "critical":

• WSIB Form 7 within 3 business days of learning about the injury
• Internal documentation: record the incident in your incident log
• Investigation: conduct an internal investigation to identify root causes and prevent recurrence

Occupational Illness

If a worker is diagnosed with an occupational illness related to workplace exposure (hearing loss, respiratory disease, skin conditions, etc.):

• WSIB: report within 3 business days
• MOL: if the illness is a result of a designated substance exposure (asbestos, silica, lead, etc.), additional reporting requirements apply

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COR Certification: Certificate of Recognition

What It Is

The Certificate of Recognition (COR) is a voluntary safety certification program administered in Ontario by the Infrastructure Health & Safety Association (IHSA). COR certifies that your company's health and safety management system meets established national standards.

Why It Matters

COR is voluntary; no law requires you to have it. But in practice:

• Many large GCs and project owners require or prefer COR-certified subcontractors for prequalification
• The City of Toronto has moved toward making COR mandatory for contractors on City projects
• WSIB premium rebates. COR-certified companies may qualify for WSIB premium incentives.
• Lower incident rates. Studies show COR-certified companies have a 28% lower rate of lost-time injuries and a 20% reduction in high-impact injuries compared to similar non-COR companies.
• Competitive advantage. COR demonstrates to clients that you take safety seriously and have a functioning safety management system.
• It makes your safety program better. The COR process forces you to formalize and improve your safety program.

How to Get COR Certified

The process typically takes 18-24 months from start to finish:

1. Register with IHSA for the COR program
2. Training: A representative from senior management and one designated full-time employee must complete prescribed IHSA training. The employee becomes your Internal Auditor.
   • Cost: approximately $1,500-$3,000 for the training
3. Develop your health and safety management system to meet COR standards. This includes policies, procedures, training programs, inspection systems, investigation processes, and management review.
4. Conduct an internal audit using IHSA's COR Audit Instrument. Your trained Internal Auditor does this.
5. Submit the internal audit to IHSA for review
6. External audit. IHSA staff conduct an external audit of your system.
7. Certification. Upon successful completion of both audits, IHSA issues your COR certificate and a Letter of Good Standing.

Maintaining COR

• Annual internal audits. You must conduct an internal audit every year.
• External audit. IHSA conducts an external audit every 3 years.
• Continuous improvement. COR expects you to act on audit findings and continuously improve your safety system.
• Letter of Good Standing. Renewed annually based on your audit results.

Is COR Worth It for a New Company?

Not on Day 1. COR is a significant investment of time and resources, and it requires a functioning safety management system to audit against. For a new company, the priority is:

1. First 6 months: Get the basics right. Mandatory training, PPE, basic safe work procedures.
2. Months 6-12: Develop a more formal safety program with written procedures, inspection checklists, and incident investigation processes.
3. Year 2+: Consider COR certification when you have a safety system worth certifying and when your target clients require or value it.

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The 2025 Construction Regulation Amendments

Several important amendments to the OHSA and O. Reg. 213/91 took effect in January 2025 and June 2025:

January 2025 Amendments

1. Menstrual products. For projects where 20+ workers are regularly employed, constructors must provide menstrual products in sanitary facilities. This does not apply to projects expected to last less than three months.

2. Virtual workplace harassment. The definitions of "workplace harassment" and "workplace sexual harassment" now explicitly include harassment occurring virtually (emails, messaging apps, video calls). Employers must address digital harassment in their workplace harassment policies and programs.

3. Electronic posting. Employers can now post required health and safety information electronically (e.g., on a company intranet or digital board) rather than physically. Workers must be informed of where and how to access the information, and accessibility requirements must be met.

4. Facility documentation. Constructors must document all cleaning, servicing, or sanitizing of sanitary facilities performed within the past six months or the project's duration, whichever is shorter.

June 2025 Amendments (O. Reg. 105/25)

Projects of a defined size now require pre-approved and documented safety plans available on-site at all times. This represents a shift from reactive to proactive safety management. The MOL increasingly expects constructors to have detailed safety plans in place before work begins, rather than simply responding to hazards as they arise.

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Common Mistakes to Avoid

1. Treating safety as paperwork instead of practice. Having a thick safety manual that nobody reads doesn't protect anyone. Your safety program must be a living system: workers need to know it, supervisors need to enforce it, and you need to review and improve it continuously. An MOL inspector can tell in five minutes whether your safety program is real or decorative.

2. Not training supervisors. Workers get trained because it's visible and inspectors check for it. But supervisors are the linchpin. They're the ones enforcing safety rules on site every day. An untrained supervisor who doesn't understand their legal duties is a liability. Invest in supervisor training.

3. Skipping the Notice of Project. It takes 10 minutes to file. Missing it is a guaranteed order if an inspector shows up. There's no good reason not to file one for any project over $50K or 14 days.

4. Not having a fall protection plan on roofing or elevated work. Falls are the #1 killer and the #1 enforcement priority. If your workers are on a roof without fall protection, you're getting a stop-work order and potentially facing charges. No exceptions, no excuses.

5. Ignoring near-misses. A near-miss is a free lesson. Investigate them with the same rigour as actual incidents. The hazard that caused the near-miss today will cause the injury tomorrow.

6. Not documenting anything. In an OHSA prosecution, the Crown must prove you failed to take every reasonable precaution. Your defence is due diligence, proving you DID take reasonable precautions. Without documentation (inspection records, training records, meeting minutes, hazard assessments), you can't prove it. Document everything.

7. Retaliating against work refusals. If a worker refuses unsafe work under Section 43, and you discipline them for it, you face a separate charge under the OHSA, plus a potential complaint to the Ontario Labour Relations Board. Handle work refusals properly: investigate, make it safe, resolve the concern or call MOL.

8. Not planning for emergencies. Every job site should have an emergency plan before work starts. Who calls 911? Where is the first aid kit? Where do workers gather in an evacuation? How do you rescue a worker who has fallen into a harness arrest? These aren't things to figure out during the emergency.

9. Assuming subcontractors handle their own safety. As the constructor, you're responsible for safety compliance on the entire project. If your sub's workers aren't wearing hard hats or aren't tied off on a roof, that's YOUR order from the inspector, not just theirs.

10. Not budgeting for safety. PPE, training, equipment inspections, first aid supplies, safety signage: it all costs money. Budget it as a project cost from Day 1. A hard hat costs $15. A fall arrest harness costs $200. A WSIB fatality claim costs your company its reputation and potentially its existence.

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What This Costs (Summary)

For a new 5-person crew, budget approximately $2,000-$4,000 for initial safety setup (training, PPE, first aid, documentation). Ongoing annual costs are primarily refresher training and PPE replacement, approximately $1,000-$2,000/year for a small crew.

This is one of the cheapest line items in your startup budget, and one of the most important. A single MOL fine can be $50,000+. A single WSIB lost-time claim increases your premiums for years. A single fatality can end your company. The ROI on safety spending is essentially infinite.

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What Happens Next

With safety compliance in place, you've now completed the foundational requirements for an Ontario construction company:

1. Corporation (Guide 1)
2. CRA registration (Guide 2)
3. WSIB (Guide 3)
4. Trade licensing (Guide 4)
5. Insurance (Guide 5)
6. Safety compliance (this guide)

From here, you're ready to set up your operations and start bidding:

• Guide 7: Operational Setup covers banking, accounting, payroll systems, estimating software, project management tools, and the day-to-day infrastructure of running a construction company.
• Guide 8: Bid Readiness covers how to find projects, prepare bid packages, and submit your first tender, with all the registrations, certificates, and documents you've assembled in Guides 1-6 ready to go.