COMPETENT SUPERVISORS & DUE DILIGENCE

What Ontario Law Requires and What It Means in Practice

In Ontario, a workplace injury is rarely just bad luck. Supervisors sit at the centre of workplace safety. Ontario law does not simply expect supervisors to be present — it requires them to be competent. Understanding what this means, and what due diligence requires, is essential for anyone in a position of authority over workers.

Bullivant Health + Safety | bullivant.ca | 905-664-4943 | 158 S Service Road, Stoney Creek, ON
This resource is for general informational purposes only and does not constitute legal advice.

1. Why Supervisor Competency Matters

• 70%: Of workplace injuries linked to supervisory factors including inadequate training and oversight
• Personal: Liability under OHSA can attach to individual supervisors
• $0: "We didn't know" fails as a defence when due diligence requires that you did

2. The Legal Definition of Competency

OHSA DEFINITION — "COMPETENT PERSON"

A competent person is one who is qualified because of knowledge, training, and experience to organize the work and its performance; is familiar with the provisions of the Act and the regulations that apply to the work; and has knowledge of any potential or actual danger to health or safety in the workplace. (OHSA, R.S.O. 1990, c. O.1, Section 1(1))

THREE REQUIRED ELEMENTS	WHAT DOES NOT QUALIFY ALONE
Knowledge — understanding of hazards, OHSA requirements, and safe work principles, specific to the workplace Training — formal or structured learning about safety practices, legal obligations, and emergency procedures Experience — practical, hands-on familiarity with the work being supervised	Years of service without accompanying knowledge and training Technical skill in the trade without supervisory safety training Generic safety awareness without role-specific hazard knowledge Completion of one course years ago without refresher training

 

SENIORITY IS NOT COMPETENCY

Promoting workers to supervisory roles based on tenure or technical skill alone, without ensuring they have the knowledge and training to manage safety obligations, is one of the most common — and costly — mistakes organizations make. The law requires all three elements: knowledge, training, and experience working together.

3. What the Law Says

OHSA Section 25 — Employer Duties

Employers are required to appoint competent persons as supervisors. This is not discretionary. Appointing a supervisor who does not meet the competency standard is itself a violation of the Act, regardless of whether an injury occurs.

OHSA Section 27 — Supervisor Duties

SECTION 27 SUMMARY

A supervisor shall: ensure workers work with required protective devices and procedures; advise workers of any potential or actual danger they are aware of; take every precaution reasonable in the circumstances for the protection of a worker.

THE REACH OF "OUGHT TO HAVE KNOWN"

OHSA applies the standard of what a supervisor "knew or ought to have known." Supervisors cannot escape liability by claiming ignorance of a hazard they could reasonably have identified through inspection, worker consultation, or review of incident records. Wilful blindness is not a defence.

4. Practical Supervisor Duties

PRE-WORK HAZARD REVIEW Before work begins, ensure the area has been assessed for hazards and that workers are aware of them and the controls in place. ENFORCING SAFE WORK PROCEDURES Actively monitor work and intervene when workers deviate from safe practices — even if the deviation appears minor or has "always been done this way." RESPONDING TO HAZARD REPORTS When a worker reports a hazard, the supervisor must act and must be seen to act. Dismissing reports is one of the most common factors in Ministry investigations. RIGHT TO REFUSE SUPPORT When a worker exercises the right to refuse unsafe work, investigate the concern — do not pressure the worker to proceed.

ENSURING PROPER TRAINING Do not assign workers to tasks for which they have not been adequately trained. Allowing an untrained worker to perform a hazardous task is a direct OHSA violation. PPE COMPLIANCE Ensure workers are using required PPE in the correct manner. Tolerating non-compliance — even when workers resist — exposes both the worker and the supervisor to liability. INCIDENT INVESTIGATION Ensure incidents — including near misses — are reported and investigated. The purpose is root cause identification, not blame assignment. NEW & YOUNG WORKER ORIENTATION Provide more intensive orientation, closer supervision, and more frequent check-ins for workers who are new to the job or the task.

5. Understanding Due Diligence

Due diligence means taking every precaution that is reasonable in the circumstances to prevent a workplace injury. It is both a legal defence and a daily standard of conduct.

DUE DILIGENCE IS WHAT YOU ACTUALLY DID

Due diligence is not what you intended to do. It is what you actually did — and whether you can prove it. Good intentions are not sufficient. The question courts ask is: what specific actions did you take, and can you document them?

The Three Elements of Due Diligence

1. Foreseeability — Did you identify the risk? Employers and supervisors must proactively identify hazards through inspections, job hazard analyses, and worker consultation.
2. Preventability — Did you take action to address it? Identifying a hazard and doing nothing is not due diligence. Controls must be implemented and verified.
3. Documentability — Can you prove what you did? Training records, inspection logs, incident reports, and corrective action records are essential. If it is not documented, it did not happen in the eyes of the law.

Due Diligence in Practice — Scenarios

FAILS DUE DILIGENCE	DEMONSTRATES DUE DILIGENCE
Supervisor knows a worker is skipping required checks — says nothing because nothing bad has happened yet Worker is assigned to equipment after verbally claiming experience — no records checked, no observation conducted Hazard is reported by a worker — supervisor dismisses it as unlikely and takes no documented action	Supervisor observes the skip, speaks to the worker, documents the conversation, and follows up in writing Supervisor reviews training records, confirms certification, conducts an observed practice run, and signs off in the daily log Supervisor documents the hazard report, investigates, implements a control, and records the corrective action

6. Consequences of Non-Compliance

INDIVIDUAL SUPERVISOR Personal fines up to $100,000 per offence; potential imprisonment up to 12 months for serious violations; personal reputational and employment consequences. DIRECTOR / OFFICER Under OHSA Section 32, directors and officers can be personally charged if they directed, authorized, assented to, or acquiesced in an OHSA violation.

EMPLOYER / CORPORATION Corporate fines up to $1,500,000 per offence; stop-work orders; increased WSIB premiums; civil liability exposure. CRIMINAL LIABILITY Bill C-45 — the Westray Amendment — allows criminal charges under the Criminal Code for wanton or reckless disregard for worker safety. Canadian employers and supervisors have been criminally convicted following preventable workplace deaths.

7. Building Supervisor Competency

4. Define competency requirements for each supervisory role — hazards, regulations, and responsibilities differ by workplace.
5. Verify competency before appointment — do not assume based on years of service.
6. Provide OHSA-specific supervisor training covering Sections 25-27, worker rights, and JHSC roles.
7. Provide job-specific hazard training relevant to the supervisor's work environment.
8. Document all training — date, content, provider, and worker/supervisor signature.
9. Conduct regular supervision audits — verify supervisors are performing their duties, not just trained on them.
10. Review and refresh regularly — regulations change, workplaces change, and competency must be maintained.

 

GENERAL INFORMATION NOTICE

This resource is for general informational purposes only and does not constitute legal advice. Employers and supervisors seeking guidance on a specific situation should consult a qualified legal professional or contact the Ministry of Labour.