Working at Heights Legislation in Ontario
In a previous post, I talked about the tragic incident that led to changes in working at heights legislation in Ontario. Now, let’s take a closer look at what the legislation actually requires.
Before 2014, the law simply stated that a worker must complete fall protection training. However, after the 2009 swing stage collapse and the resulting coroner’s inquest, the regulations were updated to provide clearer, stricter requirements. The key addition was Section 26.2(1.1) of the Construction Regulations.
Section 26 of the Construction Regulations covers guardrails and working at heights. In the middle of that section, you’ll find this:
26.2 (1) An employer shall ensure that a worker who may use a fall protection system is adequately trained in its use and given adequate oral and written instructions by a competent person.
(1.1) In addition to the requirements of subsection (1), an employer shall ensure that a worker who may use a fall protection system meets the working at heights training requirements of Ontario Regulation 297/13 (Occupational Health and Safety Awareness and Training).
(2) The employer shall ensure that the person who provides the training prepares and signs a written record for each worker, including their name and the training dates, and makes it available to an inspector upon request.
During the coroner’s inquest, it was discovered that none of the workers involved in the 2009 incident had received any formal training. Unfortunately, there were trainers at the time who would sign cards without actually delivering the course — a practice that has thankfully been eliminated.
Today, all Working at Heights (WAH) training records are managed through the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) database, alongside Joint Health and Safety Committee (JHSC) certifications. Inspectors can verify a worker’s training status at any time, and if someone is found working at heights without valid certification, both the worker and their employer can face fines.
Some companies go above and beyond the legislation by requiring WAH training for all workers — even those unlikely to face height hazards. One carpet layer once said during training, “I’ve spent 30 years on my knees; I don’t know why I need this training.” In some ways, he had a point — finishing trades rarely face height risks — but company-wide requirements ensure consistency and safety awareness for everyone.
It’s also worth noting that while Ontario law requires fall protection at heights of 3 metres (10 feet) or more, many companies adopt stricter standards (such as 6 or 8 feet). This is often because they follow U.S. regulations or recognize that serious injuries can still occur at lower heights.
Finally, working at heights legislation in Ontario requires that training must be renewed every three years. The initial course takes about a full day, while the refresher is typically a half-day session.
If you’re in the Grey-Bruce area, Spencer Safety Solutions offers both initial and refresher Working at Heights training. We can deliver training at your location or arrange a local facility. A minimum of five participants is required, with a maximum of twelve.
👉 Contact us today to schedule your Working at Heights training — we’d be happy to help you and your team stay compliant and safe.
