If you run a small or mid-sized business in Ontario, you are squarely on the radar of the Occupational Health and Safety Act (OHSA) and the Ministry of Labour, Immigration, Training and Skills Development (MOL). One serious incident, complaint, or inspection can quickly turn everyday health and safety gaps into legal exposure, costly disruption, and reputational damage.
This insight walks through the top five recurring workplace safety risks we see in Ontario SMEs, (slips and falls, musculoskeletal disorders, machine hazards, workplace violence and harassment, and low occupational health and safety (OHS) awareness), and the practical steps you can take to address them before they attract regulatory attention. Along the way, we highlight when it makes sense to bring in legal counsel to help you interpret your obligations, respond to MOL inspectors, and align your health and safety program with the OHSA.
1. Slips, trips and falls: the “simple” incidents that become costly claims
Slips, trips and falls remain one of the most common and preventable sources of workplace injury for Ontario SMEs, particularly in retail, light manufacturing, warehousing, and professional environments with pedestrian traffic. Beyond the human impact, a single incident can trigger a MOL visit, orders to remedy, and scrutiny of your broader safety program.
Key mitigation steps include:
- maintaining strong housekeeping practices, including ensuring adequate lighting,
- using clear warning signs,
- keeping flooring and walking surfaces in good repair, and
- requiring appropriate footwear in higher-risk areas.
From a legal perspective, documenting these measures, and consistently applying them, helps demonstrate due diligence if an inspector attends following an injury or complaint.
2. Musculoskeletal disorders (MSDs) and ergonomic hazards: the “slow burn” risk
Musculoskeletal disorders (MSDs) and ergonomic issues often build over time but once a worker reports a serious injury or lost time claim, the MOL may examine how you manage repetitive tasks, heavy lifting, or awkward postures. For many SMEs, the challenge is balancing productivity demands with the need for safer workflows and proper ergonomics.
Effective controls include:
- offering ergonomic assessments
- implementing proper material handling practices
- promoting job rotation and work-rest cycles
- adjusting workstations to better fit the task and the worker
These measures should be supported by formal policies, training, and records so you can demonstrate to the MOL that MSD prevention is an integral part of your health and safety system, not an afterthought.
3. Machine and equipment hazards: guarding, lockout and maintenance
Machine and equipment hazards are a leading source of serious injuries and fatalities, and they are a priority area for MOL enforcement. SMEs that rely on older equipment, improvised guarding, or informal “on-the-job” training face heightened risk if workers bypass safety devices or maintenance is inconsistent.
Core controls include:
- ensuring proper machine guarding
- implementing a robust lockout/tagout program
- providing DOCUMENTED comprehensive training
- both “on-the-job” peer supervised SUPPLEMENTED by training incorporating manufacturers’ operating manuals for all authorized users
- conducting regular maintenance and inspections.
When an incident occurs, MOL inspectors will not only look at the physical equipment, but also at your written procedures, training records, and how faithfully your workforce follows what is on paper.
4. Workplace violence and harassment: policy on paper vs culture in practice
Ontario’s OHSA explicitly requires employers to address workplace violence and harassment, including risk assessments, policies, and reporting processes. For SMEs, the risk often lies not in the absence of a policy, but in generic documents that are not implemented, communicated, or enforced.
Foundational steps include:
- developing and posting clear workplace violence and harassment policies
- providing mandatory training to employees and supervisors
- conducting risk assessments tailored to your operations
- establishing practical reporting and investigation procedures
When issues arise, employers must respond promptly and consistently; delayed or incomplete responses can lead to MOL orders, reputational harm, and potential liability under OHSA and other statutes.
5. Low general OHS awareness and training: knowing your duties under OHSA
A lack of general health and safety awareness is a multiplier. It undermines every control you try to implement, from housekeeping to lockout/tagout. In many smaller organizations, supervisors and workers receive limited orientation, infrequent refresher training, and little clarity on how OHSA applies to their day-to-day work.
To address this, employers should:
- ensure basic awareness training for all workers, and
- appoint a health and safety representative or joint health and safety committee where required, develop a library of safety talks addressing specific workplace hazards to be delivered on a regular cadence by a Health and Safety representative, and document all training delivered.
SMEs should also leverage government resources made available through the provincial safe work association applicable to their industry, while recognizing that generic materials often need to be adapted to reflect their particular workplace and legal risk profile.
When MOL shows up: Why call legal counsel early?
If a MOL inspector attends your workplace following a serious injury, fatality, complaint, or proactive inspection initiative, your responses in the first hours can shape the rest of the file. Employers must understand what information they are required to provide, how to manage inspector requests, and how to respond to orders or potential prosecutions under OHSA.
Legal counsel experienced in OHS law can help you obtain timely advice, clarify your rights and obligations, and navigate compliance orders in a way that supports both worker safety and business continuity. Counsel can also help you review and strengthen your existing policies, training programs, and governance structures to reduce the likelihood of repeat issues or escalated enforcement.
Key takeaways for Ontario employers
OHS compliance is not optional for SMEs
Ontario’s OHSA applies regardless of size, and inspectors expect SMEs to have documented, implemented health and safety systems.
The five “everyday” risks are preventable
Most slips and falls, MSDs, machine incidents, violence and harassment issues, and awareness gaps can be addressed through targeted policies, training, and controls.
Documentation matters as much as action
Good housekeeping, ergonomic improvements, and lockout/tagout programs must be backed by written procedures, training records, and consistent enforcement to demonstrate due diligence.
Proactive legal input reduces risk
Involving OHS counsel before or immediately after an incident improves your ability to respond to MOL inspections and orders and to align your program with evolving expectations.
Conclusion
For many SMEs, the challenge is not knowing that these five risks exist, it is having the time and expertise to turn good intentions into a practical, defensible safety program. Conducting a focused gap‑assessment of these areas can be an efficient starting point, followed by a prioritized action plan and targeted training.
Whether you are conducting a proactive OHS review, responding to an incident, or revising your workplace violence and harassment framework, contact our OHS specialist defence counsel, who is a former MOL enforcement officer and prosecutor, or another lawyer from Miller Thomson’s Labour and Employment team at large to help you develop a defensible, worker-focused approach to health and safety that aligns with your business realities.
