What Employers Need to Know about OHSA Violations in the Workplace

Ontario’s Occupational Health and Safety Act (OHSA) carries some of the steepest workplace safety penalties in Canada, and they’ve increased dramatically in recent years. Corporations can now face fines of up to $2,000,000 per offence. Directors and officers face up to $1,500,000 personally, plus the possibility of imprisonment.

If you’re an employer in Ontario, understanding your obligations under the OHSA isn’t optional. The consequences of non-compliance are severe. This post outlines the key offences, the current penalty structure, and steps you can take to stay compliant.

Common OHSA violations in the workplace

The OHSA places legal duties on every level of an organization: employers, supervisors, owners, and workers. A violation of any of these duties, or failure to comply with an inspector’s order, can result in a charge under the Act.

Common offences include:

  • Failing to post a copy of the OHSA in the workplace. Under s.25 of the Act, employers are legally required to post the OHSA. It’s also one of the first things an inspector checks. Missing postings are one of the easiest violations to avoid and one of the fastest for inspectors to identify.
  • Failing to comply with an order or direction from a Ministry of Labour, Immigration, Training and Skills Development (MLITSD) inspector
  • Failing to report a workplace accident or critical injury to the Ministry
  • Failing to provide adequate health and safety training to workers
  • Failing to supply required personal protective equipment (PPE)
  • Failing to take every reasonable precaution to protect workers

A single workplace incident can result in multiple charges across multiple parties. An employer, supervisor, and director can each face separate charges for the same event.

Ministry of Labour fines and penalties: What you could owe

The penalties for violating the OHSA are among the most severe of any workplace safety legislation in Canada. . Penalties vary based on who is convicted, the severity of the violation, and whether it’s a repeat offence. Fines and imprisonment can both apply.

Under OHSA Section 66, the maximum penalties are:

  • Corporations: Up to $2,000,000 per offence. This is now the highest corporate maximum under health and safety legislation in Canada.
  • Directors and Officers: Up to $1,500,000 per offence, and/or up to 12 months imprisonment
  • All other persons (including individual employers, supervisors, and workers): Up to $500,000 per offence and/or up to 12 months imprisonment

Repeat offenders face even steeper consequences. If a corporation is convicted of a second or subsequent offence resulting in the death or serious injury of one or more workers within a two-year period, a minimum $500,000 fine applies, regardless of mitigating circumstances.

A new enforcement tool was also introduced in 2025. Under Bill 30 (Working for Workers Seven Act), Ontario Ministry of Labour inspectors can now issue Administrative Monetary Penalties (AMPs) directly, without court prosecution. Financial penalties can now be applied faster and more broadly than before.

How to avoid workplace safety violations

Ontario now has the highest occupational health and safety penalties in Canada — corporations face fines up to $2,000,000 per offence, directors and officers up to $1,500,000 personally, and all other individuals up to $500,000. Convictions can also carry up to 12 months imprisonment. And it’s not just employers at risk — supervisors and workers can each be charged for violations of their specific duties under the Act.

With stakes this high, most violations are preventable. It comes down to the right systems, proper training, and staying current on the law. Here’s where to start:

Know your obligations under the Act

The OHSA and its regulations are extensive. Employers, supervisors, owners, and workers each carry distinct legal duties. Understanding which obligations apply to your role is the starting point.

Train workers and document it

Adequate health and safety training is a legal requirement. Ensure workers receive role-specific training and keep records you can produce if an inspector asks.

Maintain equipment and inspect regularly

Defective or poorly maintained equipment is a common basis for OHSA charges. Establish a documented inspection and maintenance schedule.

Respond to inspector orders immediately

Failing to comply with an inspector’s order is itself an offence, separate from whatever triggered the order. When an order is issued, act on it and document your response.

Understand due diligence

Ontario courts recognize due diligence as a defence to OHSA charges. To succeed, an employer must demonstrate they took every reasonable precaution to prevent the violation. This requires documented policies, training records, inspection logs, and evidence of an active safety culture.

Keep the full OHSA at your fingertips

Whether a Ministry inspector has just walked through your door or you’re building out your health and safety program, you need fast, reliable access to current legislation.

OSG’s Green Book is the complete Ontario Occupational Health and Safety Act and regulations in a single, colour-coded reference guide. Updated for every year, it’s used by health and safety professionals, HR teams, and employers across Ontario.

  • Complete OHSA text and all Ontario safety regulations
  • Colour-coded tabs for fast navigation
  • Updated annually to reflect legislative changes
  • Trusted by Ontario workplaces for over 30 years

If your team is responsible for OHSA compliance, the Green Book belongs on your desk.

Order the 2026 Green Book