Compliance order (occupational health and safety)

A buyer who visits a workplace in diligence may find inspector orders that have not been closed out. Under Ontario’s Act, s.57(1), where an inspector finds a provision of the Act or regulations is being contravened, the inspector may order, orally or in writing, the owner, constructor, licensee, employer, or person the inspector believes to be in charge of a workplace, or the person the inspector believes to be the contravener, to comply.

How it works in Ontario and Alberta

• Ontario: an oral order must be confirmed in writing before the inspector leaves, and an order may require a compliance plan from a constructor, licensee or employer.
• Ontario: within three days after a constructor or employer that received an order believes it has complied, it shall submit a notice of compliance to the Ministry (s.59(1)).
• Alberta Occupational Health and Safety Act s.38: an officer of the opinion that a person is not complying may order the person in writing to take specified measures within specified time limits.

What to ask

Ask for every order and report on file, the dates they were issued and closed, and any notice of compliance. This entry covers Ontario and Alberta only; check the rules where you are.