Workplace health and safety is not just a legal requirement; it’s also key to protecting your employees and your business.Every Canadian province has its own occupational health and safety (OHS) legislation and enforcement system, and employers are expected to comply. One way compliance is checked is through workplace health and safety inspections by your province or territory’s health and safety department.
A government health and safety inspection can feel daunting, but it’s an important part of ensuring that every worker in Canada returns home safely at the end of the day. Here’s what business owners need to know to be ready — not just for the inspection itself, but for creating a safer workplace every day.
What is a Health and Safety Inspection?
A workplace health and safety inspection, often called an OHS (Occupational Health and Safety) Inspection, is a formal visit by a government officer to assess whether your workplace is compliant with the relevant provincial/territorial or federal legislation and regulations.
Inspectors check whether employers are:
- Providing a safe and healthy work environment
- Training employees on safety practices
- Maintaining appropriate records and policies
- Following rules specific to their industry (e.g., construction, manufacturing, healthcare, etc.)
Who Conducts the Inspections?
The primary authority responsible for OHS legislation and enforcement varies by jurisdiction in Canada, but generally falls under a specific department of the provincial/territorial or federal government.
| Jurisdiction | OHS Authority (Examples) |
| Provincial/Territorial (Most Workplaces) | Ontario: Ministry of Labour, Immigration, Training and Skills Development (MLITSD) |
| Alberta: Occupational Health and Safety (OHS) Officers from the government | |
| British Columbia: WorkSafeBC | |
| Nova Scotia: Department of Labour, Skills and Immigration
Quebec: CNESST inspectors Other provinces/territories: Each has its own OHS regulatory body (e.g., WorkplaceNL in Newfoundland and Labrador, SAFE Work Manitoba, etc.) |
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| Federal (Federally Regulated Workplaces: Banks, Interprovincial Transportation, Telecommunications, etc.) | Canada Labour Program (Employment and Social Development Canada) |
Proactive vs. Reactive Inspections
Inspectors generally conduct two types of visits:
- Proactive Inspections (Planned): These are routine, unannounced visits to specific sectors, industries, or workplaces with higher-than-average risk or injury rates. The goal is to proactively raise awareness, promote compliance, and check that the Internal Responsibility System (IRS)—where employers, supervisors, and workers all share responsibility for safety—is functioning.
- Reactive Investigations (Unplanned): These occur in response to a specific event, such as a critical/serious injury, fatality, work refusal, or a worker complaint about unsafe conditions.
Powers of an Inspector
OHS inspectors are granted significant legal powers to enforce compliance. You are legally required to allow them entry and cooperate with their investigation. During an inspection, an officer may:
- Enter the workplace without a warrant or prior notice.
- Examine and test any equipment, machinery, or process.
- View and copy any documents, records, or training materials.
- Take photographs, samples, and measurements.
- Interview any person (worker, supervisor, manager) privately or in the presence of others.
- Issue written orders to correct non-compliance within a specified timeframe.
- Issue a “Stop Work” or “Stop Use” order if they find a condition that poses an immediate danger to worker health or safety.
What Inspectors May Ask For (Your Must-Have Documents)
A well-prepared business owner should have the following key documents and information readily available, as they are commonly requested across all jurisdictions:
| Category | Essential Documents & Records |
| Program/Policy | Health and Safety Policy: Signed and dated by the top executive (CEO/President/Executive Director). |
| Workplace Violence & Harassment Policies (and related programs). | |
| Hazard Prevention Program (HPP) or equivalent Risk Assessment/Control documentation. | |
| First Aid Plan and location of first aid stations/attendants. | |
| Training & Orientation | New Employee Orientation/Training Records: Proof that new workers received information on specific job hazards. |
| Specialized Training Records: E.g., Working at Heights, Confined Space Entry, Forklift/Mobile Equipment Certification. | |
| WHMIS/GHS Training Records: Proof workers are trained on hazardous products and Safety Data Sheets (SDSs). | |
| Supervisor & Manager Training Records on their specific OHS duties. | |
| Inspections & Committees | Workplace Inspection Records: Records of regular internal inspections (monthly is common across Canada, e.g., Federally, NB, ON). |
| Joint Health and Safety Committee (JHSC) Meeting Minutes or Health & Safety Representative inspection reports. | |
| Incident Management | Incident/Accident Investigation Reports (especially for critical/serious injuries or near-misses). |
| Work Refusal Records (if any). | |
| Employer’s Annual Hazardous Occurrence Report (where required). | |
| Physical Safety | Equipment Maintenance Logs and inspection records (e.g., machinery, lifting equipment, PPE). |
| Safety Data Sheets (SDSs) for all hazardous products, readily accessible to workers. |
Keeping the Workplace Inspection Ready: Your Essential Tips
Compliance isn’t a one-time event; it’s a constant effort rooted in a functioning Internal Responsibility System (IRS).
1. Own Your Internal Inspections
Do not wait for the government inspector! Conduct your own thorough and regular workplace inspections with your JHSC or H&S Representative.
- Be Proactive: Use a formal checklist tailored to your specific industry and hazards.
- Follow Up: Ensure every identified hazard is corrected, documented, and followed up on to verify the correction was effective. Simply identifying a hazard without taking action is a failure of due diligence.
2. Implement a Robust Training Program
Training is not just checking a box—it’s proving due diligence.
- Targeted Training: Ensure employees receive training specific to the hazards of their job (e.g., proper lifting, machine guard procedures, chemical handling).
- Maintain Records: Keep detailed records of who was trained, when, what content was covered, and a signed acknowledgment from the employee contained in their personnel file. Pro Tip: Training is often one of the first things requested during an inspection.
3. Communicate and Promote the IRS
Ensure every party in the workplace knows their legal duties and responsibilities:
- Employer: Establishing the H&S program and taking every reasonable precaution (Due Diligence).
- Supervisor: Directing workers safely and enforcing safety rules.
- Worker: Working safely, using required PPE, and reporting hazards to their supervisor.
4. Have an Inspection Protocol
When the inspector arrives:
- Do not obstruct or hinder the process.
- Ask for identification.
- Notify a manager/supervisor and the worker representative (JHSC member or H&S Rep) immediately—they have the right to accompany the inspector during the walkthrough.
- Take notes on what the inspector observes, asks, and any orders they issue.
- Only provide the requested documents.
Documents Every Business Should Maintain
To stay inspection-ready, always keep:
- Up-to-date health and safety policy (reviewed annually)
- Written workplace violence and harassment policies
- JHSC or Health & Safety Representative records (if required by size of workforce)
- Completed training logs and certificates
- First aid records and accident reports
- Workplace inspection checklists (monthly or as required by law)
- WHMIS labels, SDSs, and chemical handling procedures
- Maintenance records for machines, tools, and protective equipment
- Safe work practices and procedures, depending on your industry and hazaards
Employee Training & Records
- Train staff on general safety, WHMIS, emergency procedures, and job-specific hazards.
- Supervisors need competency training to recognize and address hazards.
- Keep signed records and certificates of all training sessions.
Non-Compliance and Penalties
If an inspector finds a violation of the Act or regulations, they will issue an Order. Failure to comply with an Order can lead to more severe penalties.
The Consequences
Penalties for non-compliance can be substantial and vary significantly between jurisdictions. They may include:
- Compliance Orders: Directing the employer to fix the issue by a certain date.
- Administrative Monetary Penalties (AMPs): Fixed fines issued for specific, pre-determined contraventions (used in some provinces like BC and NS).
- Prosecution and Severe Fines: These are consequences of serious breaches, particularly those resulting in critical/serious injuries or death. They can involve fines reaching millions of dollars for corporations and significant fines and/or imprisonment for individuals (directors, officers, and supervisors).
Penalties vary by province, but can include:
- Ontario: Fines up to $1.5 million for corporations, $100,000 for individuals, and jail time (up to 12 months).
- Alberta: Administrative penalties up to $10,000/day of violation.
- BC: WorkSafeBC can impose significant fines (over $700,000 in serious cases). A BC restaurant was fined $30,000 for repeated failure to maintain safe kitchen equipment.
- Quebec: CNESST can issue fines ranging from a few thousand dollars to over $100,000 depending on the infraction.
The Westray Law (Bill C-45)
A key consideration across Canada is the possibility of Criminal Negligence charges under the Criminal Code (often referred to as the Westray Law). This law imposes a legal duty on organizations and those who direct work to take reasonable measures to protect workers. If this duty is recklessly disregarded and bodily harm or death results, individuals or corporations can be charged with criminal negligence.
| Example Penalty | Jurisdiction (Example) | Context |
| $500,000 to $2 Million (Corporation fine) | Ontario, Alberta (Maximums) | Failure to provide adequate machine guarding resulting in a critical injury. |
| $100,000+ (Fine) | British Columbia (WorkSafeBC) | Repeated failure to train workers on chemical handling or working at heights. |
| Imprisonment | Across Canada | For an individual (Director, Officer, or Supervisor) found guilty of a severe OHS offence or criminal negligence. |
Your Path to Continuous Readiness
The best way to prepare for an inspection is to always operate as if one is happening tomorrow.
- Do internal inspections regularly (monthly for most workplaces).
- Keep all documents organized and accessible as inspectors will ask for them on the spot.
- Post mandatory posters (health and safety rights, WSIB info, workplace violence policies) in visible areas.
- Train employees continuously and refresh training annually or as required.
- Encourage reporting by creating a culture where workers can report hazards without fear.
- Fix issues immediately and don’t wait for an inspection to correct hazards.
- Stay informed about inspection blitzes announced by your provincial regulator.
Bottom Line for Business Owners
Health and safety inspections are not something to fear; they’re an opportunity to ensure your workplace is safe and compliant. By keeping proper records, training your employees, and maintaining a proactive safety culture, you’ll be prepared for both planned and surprise inspections.
A safe workplace not only avoids fines and penalties but also improves morale, productivity, and your reputation as an employer.
HRC Tip: Did you know our health and safety program doesn’t stop after your first OHS manual and virtual walkthrough? Each year, we provide a fresh manual and a follow-up virtual walkthrough to check in on your progress and support your health and safety goals. Contact us if it’s time for your refresher!
