Yes. It comes from 2 sources:
1. Section 125(1) of the Canada Labour Code (excerpts pasted below); and
2. Common law, i.e., court made law, specifically in the context of due diligence which holds that employers must prove they’ve implemented an OHS program to prove that they took the reasonable steps to ensure compliance necessary to demonstrate due diligence,
- Section 125(z.03) develop, implement and monitor, in consultation with the policy committee or, if there is no policy committee, with the work place committee or the health and safety representative, a prescribed program for the prevention of hazards in the work place appropriate to its size and the nature of the hazards in it that also provides for the education of employees in health and safety matters;
- (z.04) where the program referred to in paragraph (z.03) does not cover certain hazards unique to a work place, develop, implement and monitor, in consultation with the work place committee or the health and safety representative, a prescribed program for the prevention of those hazards that also provides for the education of employees in health and safety matters related to those hazards;
Hope that helps. Glenn
