I Only Have 5 Employees — What Health & Safety Requirements Apply in Ontario?
Updated: 4 hours ago
When you only have a handful of employees, it's easy to assume that most workplace health and safety requirements are meant for larger companies.
After all, you don't have a safety department. You may not even have an office. Your employees might work beside you every day.
So what actually applies to a business your size?
More than you might think, but there are some important differences for a very small workplace.
Five Employees: What's Different?
Some Ontario requirements are based on the number of workers regularly employed at a workplace.
For most workplaces with five or fewer regularly employed workers, a Health and Safety Representative (HSR) isn't required based on worker count alone.
Once you regularly employ more than five workers, an HSR is generally required unless a Joint Health and Safety Committee or another exception applies.
That's an important distinction but only one part of the picture.
Do I Need Written Health & Safety Policies?
Here's an important distinction for small employers.
With five or fewer regularly employed workers, Ontario's Occupational Health and Safety Act (OHSA) generally doesn't require your health and policy to be written unless an inspector orders otherwise.
Employers must still prepare workplace violence and workplace harassment policies and review them at least annually. However, with five or fewer regularly employed workers, those policies generally don't have to be in written form or posted unless an inspector orders otherwise.
But that doesn't mean a small employer can operate without written health and safety documentation.
For example, Ontario employers must develop and maintain a written workplace harassment program, regardless of whether the harassment policy itself is required to be in writing.
This is why employee count alone doesn't tell you everything your business needs.
Employers still have a workplace health and safety responsibilities regardless of whether a particular policy must be written.
And sometimes documenting a procedure or policy makes sense even when legislation doesn't specifically require you to put in on paper.
What Still Applies?
Instead of focusing on how many employees you have, consider what those employees actually encounter.
Imagine two businesses. Both have five employees.
One is a small office. The other operates a maintenance company where employees drive between customer properties, operate powered equipment, handle fuel and work outdoors.
They're the same size, but their hazards and health and safety needs are very different.
Depending on your operation, you may need to consider:
worker health and safety awareness training
WHMIS training
workplace-specific training and instruction
first aid
personal protective equipment
equipment safety
workplace violence and harassment
emergency procedures
This is why simply downloading a generic "small business safety checklist" doesn't necessarily tell you whether your workplace has what it needs.
First Aid Still Matters
First-aid requirements don't suddenly begin when you hire employee number six.
Ontario's first-aid regulation contains requirements specifically for workplaces with not more than five workers on a shift at a place of employment, including requirements for first-aid supplies and a qualified worker in charge of the first-aid station who works in its immediate vicinity.
For a traditional workplace, figuring out where that first-aid station is may be straightforward.
For a mobile business, another question appears:
What happens when my employees leave the shop?
If workers spend their day travelling between customer properties or working at different locations, your first-aid arrangements should reflect how your business actually operates.
When You Hire Employee #6
Business grows and you add another employee.
You now regularly employ six workers. It's time to review your health and safety system again.
For most Ontario workplaces, crossing that threshold means workers must select a Health and Safety Representative.
Applicable occupational health and safety, workplace violence and workplace harassment policies also generally need to be written and posted, or made readily accessible electronically.
Your company hasn't suddenly become a large corporation but one new employee has changed your requirements.
Three Questions to Ask Today.
If you have a small team and aren't sure where you stand, start here:
What are my employees actually doing?
Consider equipment, chemicals, vehicles, customers, work locations and whether anyone works alone.
What have I put in place to protect them?
Think about training, first aid, procedures, supervision, PPE and other controls.
Could I demonstrate what we're doing?
Consider training records procedures, inspections and other documentation relevant to your operations.
If those questions are difficult to answer, that's useful information in itself.
Not Sure What Applies to Your Business?
Knowing that you have five employees is easy.
Determining what that means for your particular operation is harder.
Moreau Health & Safety works with Ontario small businesses to review how they operate, identify health and safety gaps and determine practical next steps.
Preparing to hire your first employee? Our Owner/Operator Consultation can help you understand what should be in place as you become an employer.
Already have employees? A Health & Safety Assessment can help identify gaps between current practices and the requirements and risks affection your workplace.
Official Resources:
This article provides general information about workplace health and safety in Ontario and is not legal advice. Requirements can vary based on the workplace, industry, hazards and applicable legislation.
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