Worker consultation and participation are core to an ISO 45001 occupational health and safety (OH&S) management system. In Ontario, a Joint Health & Safety Committee (JHSC) — or, in smaller workplaces, a health and safety representative — is a primary way employers and workers share responsibility for identifying hazards, recommending controls, and supporting the workplace internal responsibility system.
This guide summarizes useful substance from Ontario’s Occupational Health and Safety Act (OHSA) and the Ministry of Labour guide for health and safety committees and representatives. It is educational consulting guidance — not legal advice. Always verify current requirements for your workplace.
- What is a joint health and safety committee? A JHSC is composed of worker and employer representatives who work together to improve health and safety conditions. Committees identify potential issues, bring them to the employer’s attention, and must be kept informed of health and safety developments. A designated worker member inspects the workplace at least once a month.
- What is the committee’s role? The committee is an advisory body. It raises awareness of health and safety issues, recognizes and identifies workplace risks, holds regular meetings, conducts workplace inspections, and makes written recommendations to the employer for improving worker health and safety.
- Why do JHSCs matter? JHSCs help protect against workplace injury, illness, and death by involving both workers and employers. That co-operative involvement is a key element of a well-functioning internal responsibility system — and it supports the consultation and participation expected under ISO 45001.
When is a JHSC required in Ontario?
Under Ontario’s OHSA, whether you need a JHSC or a health and safety representative depends largely on how many workers are regularly employed. Thresholds below follow the Ontario Ministry of Labour guide (see OHSA section 9 and related clauses):
| Workers regularly employed | Legislative requirement (Ontario OHSA) |
|---|---|
| 1–5 | No JHSC or health and safety representative required, unless a designated substance regulation applies to the workplace. |
| 6–19 | One health and safety representative, selected by the workers they represent [subsection 8(1)]. A JHSC is required if a designated substance regulation applies. |
| 20–49 | A JHSC is required. The committee must have at least two (2) members [clauses 9(2)(a) and 9(6)(a)]. |
| 50+ | A JHSC is required. The committee must have at least four (4) members [clauses 9(2)(a) and 9(6)(b)]. |
Other workplaces that may require a committee include construction projects with 20 or more workers expected to last three months or more [clauses 9(2)(a) and 9(1)(a)]; workplaces subject to a designated substances regulation [clause 9(2)(c)]; workplaces under a Director’s order [clause 9(2)(b)]; or where the Minister of Labour has ordered a committee [subsection 9(3)]. The Ministry typically treats a position expected to exceed three months as “regularly employed” for counting purposes — confirm applicability for your sites against the Act and current Ministry guidance.
Members and certification
- Composition Minimum size & balance Fewer than 50 workers: at least two members [clause 9(6)(a)]. Fifty or more: at least four members [clause 9(6)(b)]. At least half the members must be workers who do not exercise managerial functions [subsection 9(7)]; the employer selects the remaining members from persons who exercise managerial functions [subsection 9(9)]. Worker members are selected by the workers or, in a unionized workplace, by the trade union(s) [subsections 9(7) and 9(8)].
- Certification Certified members Unless otherwise prescribed, at least two members must be certified — one representing workers and one representing managerial functions [Chief Prevention Officer under clause 7.6(1)(b)]. Certification requires Part 1 (Basic Certification) and Part 2 (Workplace-Specific Hazard Training), with refresher training every three years. Certified members are generally not required for committees at workplaces with fewer than 20 workers, or certain smaller / short construction projects [O. Reg. 385/96, s. 4; subsection 9(13)].
- Posting Names & locations The names and work locations of JHSC members shall be posted in the workplace by the employer or constructor [subsection 9(32)].
Meetings, inspections and recommendations
- How often must the committee meet? Committee members are required to meet at the workplace at least once every three months [subsection 9(33)]. More frequent meetings may be useful where work involves hazardous substances or procedures. Committees must be co-chaired by two members — one chosen by worker members, the other by managerial members [subsection 9(11)].
- Workplace inspections Worker committee members select a worker member to inspect the workplace [subsection 9(23)] — preferably a certified member [subsection 9(24)]. The workplace must be inspected at least once a month unless a different schedule is ordered or prescribed [subsection 9(26)]. Hazards identified should be reported to the committee [subsection 9(30)].
- Employer response to recommendations An employer who receives written recommendations from the committee must provide a written response within 21 calendar days [subsection 9(20)]. If accepted, include a timetable for action; if declined in whole or in part, give reasons in writing [subsection 9(21)]. If the committee cannot reach consensus after trying in good faith, either co-chair may make written recommendations [subsection 9(19.1)].
- Minutes Minutes of each meeting must be recorded and available for review by a Ministry of Labour inspector [subsection 9(22)]. Minutes should detail matters discussed, recommendations and the employer response, and are commonly posted in the workplace after co-chair signature.
Employer responsibilities (highlights)
Examples of employer obligations relating to committees include causing a JHSC to be established and maintained where required [subsection 9(4)]; selecting managerial members [subsection 9(9)]; assisting and cooperating with committee members [clause 25(2)(e)]; providing information on hazards and related industry practices [clause 9(18)(d)]; providing copies of Ministry orders or reports [subsection 57(10)]; informing the committee of work-related incidents involving injury, death or occupational illness [sections 51 and 52]; and providing a worker member the opportunity to accompany a Ministry inspector on a physical inspection [subsection 54(3)].
Health and safety representatives
In workplaces (including construction projects) where the number of workers regularly exceeds five and no JHSC is required, employers or constructors must ensure that workers select a health and safety representative [subsection 8(1)]. The representative is selected by non-managerial workers or by the union where applicable [subsection 8(5)].
How this ties to ISO 45001
ISO 45001 expects organizations to establish processes for consultation and participation of workers. A functioning JHSC (or health and safety representative) is often the practical mechanism Ontario workplaces use to meet both legal duties and those management-system expectations — alongside documented policies, hazard identification, competence and internal audit. See our ISO 45001 consulting page and Regulatory Compliance Audits.
Sources: Ontario OHSA and Ministry of Labour guide for health and safety committees and representatives. Clause citations are Paradygm’s paraphrase for educational use, not the text of the Act. Confirm thresholds and duties against current legislation. This page is not legal advice. Paradygm provides OH&S / ISO 45001 consulting and training support; we do not claim Ministry of Labour authorization as a trainer unless separately documented in an engagement.