The Ontario Ministry of Labour, Training, and Skills Development (MLTSD) conducts workplace inspections and investigations to ensure compliance with the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA), and other employment laws. Facing an Ontario Ministry of Labour (MOL) investigation can be stressful for any employer. Whether it’s a routine inspection or a response to a complaint, knowing what to expect and how to handle the process is crucial. Below, we answer key questions to help you navigate an MOL investigation effectively.
What Leads to Ministry of Labour Investigations?
The MOL may investigate your workplace for several reasons, including:
- Employee complaints (e.g., unpaid wages, overtime violations, wrongful dismissal).
- Workplace accidents or injuries (triggering an OHSA inspection).
- Anonymous tips or whistleblower reports.
- Random or targeted inspections (especially in high-risk industries like construction or manufacturing).
- Follow-ups from previous violations or orders.
Why Do Inspectors Have to Visit?
Ministry inspectors visit workplaces to:
- Enforce compliance with the ESA and OHSA.
- Investigate complaints from workers.
- Ensure workplace safety after accidents or near-misses.
- Conduct proactive inspections in industries with high violation rates.
Their goal is to protect workers’ rights and ensure employers follow the law.
When Can I Expect a Ministry Inspection?
Inspections can happen:
- Without notice (especially for health & safety checks).
- After a complaint (the MOL may call or arrive unannounced).
- Following a workplace incident (e.g., injury, fatality, or work refusal).
- During regular enforcement campaigns (e.g., construction blitzes).
Inspectors can visit any workplace in Ontario, including offices, factories, construction sites, and remote job sites.
Here’s a helpful video from the Ontario government explaining what to expect during an Employment Standards inspection.
What to Expect During an Employment Standards Inspection
What Does a Typical Workplace Inspection Visit Look Like?
When an MOL inspector arrives they will:
- Introduce themselves and show identification.
- Explain the reason for the visit (e.g., complaint, random inspection).
- Ask to review records (payroll, safety logs, training documents).
- Interview employees and managers (sometimes privately).
- Inspect the workplace (for safety hazards, if applicable).
- Issue compliance orders or fines if violations are found.
Your role: Always stay calm, cooperate, and avoid obstructing the inspection.
What Are Inspectors Looking For?
ESA Inspections
- Unpaid wages, overtime, or vacation pay.
- Proper meal breaks and rest periods.
- Compliance with termination and severance rules.
- Accurate record-keeping (e.g., hours worked, pay stubs).
OHSA Inspections
- Safety training and certifications.
- Hazard assessments and controls.
- Proper equipment and machinery maintenance.
- Workplace violence and harassment policies.
- Incident reporting compliance.
What Documents Should I Have Ready?
To prepare for an inspection, keep these records organized and accessible:
Payroll & Employment Records
- Employee contracts and policies.
- Hours worked, overtime, and pay stubs.
- Vacation and public holiday pay records.
- Termination notices (if applicable).
Health & Safety Records
- Workplace safety policies.
- Training logs (e.g., WHMIS, fall protection).
- Incident and near-miss reports.
- Equipment maintenance records.
Tip: Ontario law requires keeping payroll records for 3 years and safety records for varying periods (some up to 30 years).
What Should I Do During the Inspection?
- Designate a contact person (HR, manager, or legal counsel).
- Be cooperative but cautious—don’t admit liability without legal advice.
- Take notes on what the inspector reviews and asks.
- Correct minor issues immediately (if possible) to show good faith.
- Consult a lawyer or HR professional if the investigation involves serious allegations.
What Happens if the MOL Finds Violations?
The inspector may:
- Issue a Compliance Order (requiring fixes by a deadline).
- Give a Ticket or Fine (e.g., for missing safety equipment).
- Recommend Prosecution (for severe or repeat violations).
- Offer a Settlement (voluntary resolution).
What to Do If the MOL Writes an Order?
- Read it carefully—to understand deadlines and required actions.
- Comply immediately if the order is correct.
- Appeal if necessary (you have 30 days to request a reconsideration of ESA orders).
- Consult a lawyer if you dispute the findings.
How Can I Avoid Future MOL Investigations?
- Conduct regular self-audits (payroll, safety, contracts).
- Train managers on ESA and OHSA rules.
- Fix issues proactively before they become complaints.
- Keep detailed records to prove compliance.
Final Thoughts
An MOL investigation doesn’t have to be a crisis. By understanding the process, preparing your records, and responding professionally, you can minimize risks and maintain compliance.
If you receive an order or face serious allegations, seek expert advice from an HR professional or an employment law expert immediately to protect your business.
Need help preparing for an MOL visit? Let us know—we’re here to guide you!
