Joint Health and Safety Committee Requirement

Joint Health and Safety Committee Requirement

Fast-Fact Summary

• Governing Agency: Ontario Ministry of Labour, Immigration, Training and Skills Development
• Form, Bylaw, or Regulation: Occupational Health and Safety Act, s. 9 (JHSC requirement)
• Effective/Current Anchor: 2026 Operational Standard
• Direct Portal or Source: https://www.ontario.ca/page/guide-health-and-safety-committees-and-representatives

Mandatory Scope

Under the Occupational Health and Safety Act (OHSA), s. 9, employers must establish and maintain a Joint Health and Safety Committee (JHSC) based on the following worker thresholds:

• 20 to 49 Workers: Requires a committee consisting of at least two members.
• 50 or More Workers: Requires a committee consisting of at least four members.

This requirement applies to all Ontario workplaces, including construction projects, industrial establishments, and healthcare facilities meeting these worker counts. At least half of the committee members must be workers who do not exercise managerial functions, selected by their peers or trade union.

Deadlines & Administrative Windows

• Establishment Timeline: A JHSC must be established immediately upon reaching the applicable worker threshold. There is no formal administrative grace period; compliance is required as soon as the workforce size is met.
• Meeting Frequency: Committees must meet at least once every three months, though construction projects and specific sector regulations may require more frequent intervals.
• Workplace Inspections: A designated worker member of the JHSC must inspect the physical condition of the workplace at least once a month.
• Recordkeeping Trigger: Written minutes of all JHSC meetings must be signed, maintained on-site, and made available for inspection by Ministry inspectors.

Financial & Legal Liability

Failure to establish or maintain a required JHSC can lead to Ministry orders and OHSA prosecution exposure. Specific statutory fine amounts are not pre-set as flat fees; instead, they are determined through formal prosecution under the OHSA.

For broader construction risk and financial planning, the following 2026 WSIB and Ontario Construction Act anchors apply:

• Average WSIB Premium Rate: $1.23 per $100 of insurable payroll, down from $1.25 per $100 of insurable payroll.
• G6 Non-Residential Construction Rate: $1.61 per $100 of insurable payroll.
• 2026 Maximum Insurable Earnings Ceiling: $121,700.
• 7-Day Invoicing Rule: Invoices are legally deemed proper unless the owner gives a formal written notice of deficiency within 7 days after receiving the invoice. Missing this window forfeits the right to dispute invoice layout and triggers the 28-day prompt-payment timeline.
• Mandatory Annual Holdback: For contracts extending beyond one year, owners must publish a Notice of Annual Release of Holdback (Form 6) on an electronic construction trade news website within 14 days after each contract anniversary. Accrued basic holdback must be paid between day 60 and day 74 after publication, provided no liens are preserved.
• Repeal of Section 27.1: Payers can no longer publish a notice of non-payment to refuse holdback distribution for deficient or incomplete work. Holdback usage is strictly limited to formal contract abandonment or termination scenarios and preserved lien risk.
• Adjudication Extension: Parties have a strict 90-day window after contract completion, abandonment, or termination to initiate interim binding adjudication through ODACC or a qualified private adjudicator.

Step-by-Step Filing Instructions

• Step 1: Determine Worker Count: Count all workers regularly employed at the workplace or construction project to identify if a 2-member or 4-member committee is required.
• Step 2: Select Members: Ensure at least half of the JHSC members are workers who do not exercise managerial functions, selected by the workers or their trade union.
• Step 3: Complete Certification Training: Arrange for at least one worker representative and one management representative to complete approved JHSC certification training.
• Step 4: Establish Meeting Schedule: Schedule and hold regular meetings, and conduct monthly physical inspections of the workplace.
• Step 5: Post Committee Information: Post the names and work locations of the JHSC members in a conspicuous place at the workplace.
• Step 6: Document and Retain Records: Maintain written minutes of all JHSC meetings and records of inspections for Ministry review.

2026 Inspection Notes

For 2026 construction compliance context, pay close attention to working-at-heights training records, trenching and excavation controls, and training/competency documentation. Do not call this a named official blitz.

Official Sources

• https://www.ontario.ca/page/guide-health-and-safety-committees-and-representatives
• https://www.ontario.ca/page/training-joint-health-and-safety-committee-members
• https://www.ontario.ca/laws/statute/90o01