Section 127.1 - OSH Complaint Process Steps
PART II, LABOUR CODE  Internal Complaint Resolution Process ... An innovative internal complaint resolution process is established in section 127.1 of Part II, of the Canada Labour Code, by which parties can address and attempt to resolve their workplace health and safety problems.  This internal occupational health and safety complaint resolution process will have to be used before other available resources under Part II of the Code, except for the right to refuse dangerous work and the right of pregnant or nursing workers to temporarily withdraw from dangerous work.  The process includes the following main steps:

Step 1: A worker who believes on reasonable grounds that there has been a contravention to the Code or that there is likely to be an accident or injury to health makes a complaint to the supervisor (s.127.1(1)).

Step 2: The worker and the supervisor must attempt to resolve the complaint between themselves as soon as possible (s.127.1(2)).

Step 3: Referral of an unresolved complaint on the initiative of either of them to a chairperson of the workplace committee to be investigated jointly (an employee rep and a management rep investigate jointly) (s.127.1(3)).

Step 4: The persons who investigate the complaint must inform the worker and the employer in writing of the results of the investigation (s.127.1(4)).

Step 5: The persons who investigate the complaint may make recommendations to the employer with respect to the situation that gave rise to the complaint, whether or not they conclude that the complaint is justified (s.127.1(5)).

Step 6: If the complaint is found to be justified, the employer must in writing and without delay inform the persons who investigated of how and when it will resolve the matter and must take appropriate action (s.127.1(6)).

Step 7: If the persons who investigate the complaint conclude that a danger exists, the employer must ensure that no worker is exposed to that danger until the situation is rectified (s.127.1(7)).

Step 8: The worker or employer may refer a complaint to a health and safety officer in the following circumstances (s.127.1(8)):

(a) the employer does not agree with the results of the investigation;

(b) the employer has failed to take action to resolve the matter or to inform the persons who investigated the complaint of how and when it intends to proceed; or

(c) the persons who investigated the complaint do not agree as to whether the complaint is justified. 

Step 9: The health and safety officer must investigate the complaint (s.127.1(9));

Step 10: After the investigation, the health and safety officer (s.127.1(10)):

(a) can issue directions to an employer or worker;

(b) can recommend that the employer and worker resolve the matter between themselves; or

(c) if the officer concludes that a danger exists, he/she must issue directions.