When Does an Ontario Employer Need a Joint Health and Safety Committee?

Growing businesses often cross the JHSC threshold without realizing it. The day you regularly employ your twentieth worker, the requirement applies — and an inspector who visits after that point will expect to see a functioning committee, not a plan to form one.

The thresholds

Workers regularly employed	What the OHSA requires
1 to 5	No representative or committee required
6 to 19	A health and safety representative, selected by the workers
20 or more	A Joint Health and Safety Committee

“Regularly employed” is the key phrase. Part-time and seasonal workers who are a regular part of your workforce generally count. If you hover around 20 depending on the season, plan for the committee rather than arguing about the count.

Some workplaces need a committee regardless of size — for example, where a designated substance regulation applies, or where the Ministry orders one. Construction projects have their own rules.

What a committee looks like

• Size. At least two members where fewer than 50 workers are regularly employed; at least four where there are 50 or more.
• Composition. At least half the members must be workers who don’t exercise managerial functions, selected by the workers (or by the union, where there is one). The employer chooses the management members. Getting the selection of worker members wrong is a common and avoidable mistake.
• Co-chairs. One chosen by the worker members, one by the employer members.
• Certification. At least one worker member and one employer member must be certified, which means completing approved JHSC certification training.

What the committee has to do

• Meet at least once every three months, and keep minutes.
• Inspect the workplace. A worker member should inspect the workplace at least once a month; where that isn’t practical, the inspection can be done in parts, as long as the whole workplace is inspected at least once a year.
• Identify hazards and make recommendations to the employer — who must respond in writing within 21 days.
• Be visible. The names and work locations of committee members must be posted where workers will see them.

Committees may now meet virtually, which helps for distributed teams — but a committee whose members work in the same building will usually do better meeting in person.

Related duties that come with growth

The JHSC is rarely the only thing that changes as you grow. Once you regularly employ more than five workers you also need a written health and safety policy, reviewed annually, and your workplace violence and harassment policies must be in writing and posted. (See what Ontario requires in writing.)

A committee that actually works

The legislation sets the minimum. A committee that only exists on paper doesn’t reduce risk — and it won’t impress an inspector after an incident. The committees that work have clear terms of reference, a regular meeting rhythm, real inspections with actions tracked to completion, and management members who show up.

For the step-by-step version, see Setting Up a Joint Health & Safety Committee From Scratch in our Guides & Playbooks. Standing up a JHSC — from recruiting members to terms of reference, inspections, and minutes — is part of our Workplace Health & Safety specialty.