OHS appeals

Appeal an OHS decision or order

Any employer, worker or trade union may appeal OHS decisions, administrative penalties, orders or refusals to give an order.

Before you launch a formal appeal, we encourage you to contact the staff member who made the decision or the Director of OHS to ask to discuss the rationale and reasoning for the order or decision. Talking may eliminate the formal appeal.

How to appeal an OHS decision

The appeal process begins when the Director of OHS receives your Notice of Appeal of an Occupational Health and Safety Decision form.

Complete the form, attach all the required information and submit it to us.

The Board of Directors may hold a formal hearing. If so, you will be invited to attend, along with the complainant, the director (or their representative) and anyone else we want to hear from.

After gathering all the relevant information, the Board of Directors will consider the matter and make a decision. That decision is final and binding.

Time limit

In most cases, you have 21 days after the date on the original decision or order in which to file your appeal.

However, if your appeal concerns a worker’s refusal to perform hazardous work, the time limit is seven days.

If your appeal concerns an administrative penalty, the time limit is 21 days from being served with the notice of administrative penalty.

Appeal Panel

An Appeal Panel will hear and rule on your OHS dispute.

The panel is made up of three members of the Board of Directors, one of whom is a representative of employers and another is a representative of workers. The chair, or the alternate chair, of the Board of Directors presides over the panel.

The Appeal Panel can reverse, vary or confirm the OHS decision in question. Each case is decided on its own merit.

Decisions of the Appeal Panel are final. 

Forms required

Notice of Appeal of an Occupational Health and Safety Decision 

More information

Contact us. We’re happy to help.