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Health and Safety Complaint

Canada Labour Code, Part II Occupational Health and Safety

Here is how a file will be handled by the Labour Program of Human Resources and Skills Development Canada.

Please note that the work place parties must first attempt to resolve the complaint through the internal complaint resolution process set out in Part II of the Canada Labour Code. A complaint cannot be handled if this internal resolution process has not been followed.

Intervention by a Health and Safety Officer

Once a written complaint has been filed, a letter of acknowledgement will be sent identifying the name and telephone number of the health and safety officer assigned to the file.

Admissibility of the Complaint

The health and safety officer will make a preliminary determination of the admissibility of the complaint, i.e., whether the employer's operations are covered by the Code, whether the internal complaint resolution process was followed and whether the nature of the complaint is related to the Code.

Complaint and Investigation

The health and safety officer will conduct an investigation to resolve the complaint. The health and safety officer will contact the complainant in order to verify the information provided in the complaint and, if necessary, obtain additional information from the employer. The health and safety officer may visit the work place to establish the facts and interview the persons involved to obtain relevant information and to enquire whether the employer has already taken actions to resolve the complaint.

Results of the Investigation

Once the investigation is completed, the parties are advised in writing of the outcome of the investigation. If a violation is detected, the health and safety officer will obtain from the employer a written assurance to correct the situation or, depending on the circumstances, will issue a written direction. The health and safety officer may also recommend that the parties attempt to resolve the matter between themselves.

Time Frame

Because the health and safety of individuals is important, the time frame for responding to a complaint is generally short. If the situation is complex or cannot be resolved quickly, the health and safety officer should see that temporary measures are implemented in order to protect the health and safety of individuals.

Appeal of a Direction

The parties have thirty days in which to appeal a direction issued by an officer. The appeal must be made in writing to an appeals officer of Occupational Health and Safety Tribunal Canada.

Employees Rights

The employer cannot take disciplinary action against employees for legitimately exercising their rights under the Code. If this occurs, employees may file a complaint in writing to the Canada Industrial Relations Board (CIRB), or in the case of the public servants, to the Public Service Staff Relations Board (PSSRB).

We encourage workers, employers, work place health and safety committees or health and safety representatives to make every effort to resolve complaints among themselves. Cooperation in the work place is what contributes to a safer and healthier work environment as intended by the Code.

The number, 1-800-641-4049, offers 24-hour bilingual information on the Directorate's programs and services and provides a single point of contact for our clients and Canadians.

This document is available on demand in alternative formats (Large Print, Braille, Audio Cassette, Audio CD, e-Text Diskette, e-Text CD, or DAISY), by contacting 1 800 O Canada (1 800 622 6232). If you have a hearing or speech impairment and use a teletypewriter (TTY), call 1 800 926 9105.

© Her Majesty the Queen in Right of Canada, 2011

PDF
Cat. No.: HS24-6/2011E-PDF
ISBN: 978-1-100-19563-6

Full text of Health and Safety Complaint in PDF format (43.3 KB)

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Date Modified:

2012-05-14