Ontario’s condominium sector is undergoing a quiet but profound shift in how health and safety are managed. For years, boards and property managers focused primarily on fire, life safety, building code compliance, sprinkler systems, emergency lighting, and evacuation procedures. However, recent inspections, court decisions, and actions by the Ministry of Labour, Immigration, Training, and Skills Development (MLITSD) have expanded the scope of responsibility under the Occupational Health and Safety Act (OHSA) to encompass a broader range of responsibilities, including contractor due diligence, workplace violence, and harassment prevention.

If condominium corporations and property management firms believe they are immune from OHSA obligations, they should think again. The Act applies not only to industrial or construction sites but also to any workplace in Ontario where a worker performs, or is likely to perform, duties. In the condominium environment, where superintendents, cleaners, security guards, and contractors interact daily, liability is real, and enforcement is rising.

Under the OHSA, condominium corporations can be considered “employers,” while property managers and site supervisors may be deemed “supervisors.” Each carries distinct legal duties. When something goes wrong, ignorance of these obligations offers no defence. The standard is clear: every person with authority over work must take “every precaution reasonable in the circumstances” to protect workers.

Accountability Is Increasing — and So Are Penalties

Ontario courts have imposed tougher sentences on individuals and corporations for health and safety failures. The 2023 case of J.R. Contracting Property Services Ltd. is one of the most notable. A supervisor received 45 days in jail after a worker fell from height without fall protection. The MLITSD argued the supervisor failed to ensure compliance with working-at-heights requirements under O. Reg. 213 / 91 (Construction Projects Regulation).

In 2024, a condominium property manager in Toronto was fined $10,000 for failing to take reasonable precautions when overseeing contractor work, highlighting that due diligence, WSIB verification, and safe-work oversight are now basic expectations. Ontario has also introduced mandatory minimum fines (late 2024): corporations convicted a second time where a worker dies or is critically injured face fines of at least $625,000.

OHSA Applies Beyond Construction Sites

Many condominium managers still assume the OHSA applies only during construction. In reality, it covers any location where a worker performs work or is likely to be present, including lobbies, mechanical rooms, parking garages, rooftops, and outdoor areas.

A persistent compliance gap is failing to recognize that cleaners, security guards, superintendents, and contractors are all “workers.” When a condo hires a cleaning company or snow-removal contractor, it assumes employer-level duties to ensure safety. This includes:
•    Confirming contractors are competent and trained (s. 25(2)(a))
•    Ensuring equipment and materials are used safely (s. 25(1)(b))
•    Providing instruction and supervision to protect workers (s. 25(2)(a))
•    Enforcing workplace-violence and harassment policies (Part III.0.1)

Condo Cases That Prove You’re Not Immune

Ontario courts have confirmed that harassment and violence within condominium environments fall squarely under OHSA protections.
•    York Condominium Corp. No. 163 v. Robinson (2017 ONSC 2419): A unit owner’s abusive emails toward staff were deemed workplace harassment under OHSA. The court ordered the owner to cease contact and pay $15,000 in costs.
•    OCSCC 671 v. Friend (2019 ONSC): Hostile communication by a resident toward staff was found to meet the definition of workplace harassment, affirming the condo’s duty to protect employees.
•    Peel Condominium Corp. No. 96 v. C.L. (2024 ONSC 1683): Repeated harassment of staff led the court to restrict a resident’s communications, confirming condo corporations must protect service providers from harassment.
•    Violence and Sexual-Harassment Case (2023): A tenant who threatened a floor guard with a knife and exposed himself in common areas was found to have committed workplace violence and sexual harassment; the tenant and owner were ordered to pay $10,000 in costs.
•    2025 Decision — Employee Harassment Complaint: A condo owner was ordered to limit contact with staff after repeated harassment complaints. The judge reaffirmed that OHSA’s protections apply equally in residential workplaces.

These cases dismantle the myth of immunity: condominium corporations and management firms are entirely within OHSA’s reach, and courts will intervene when harassment, threats, or unsafe practices occur.

Practical Strategies for Compliance
1.    Establish a Joint Health and Safety Committee (JHSC) or Assign a Health and Safety Representative
If 20 or more workers are regularly employed, a JHSC is mandatory under OHSA s. 9; smaller sites should appoint a representative. These groups meet to identify hazards and recommend corrective action.
2.    Implement a Contractor Safety Management Program
Before hiring contractors, require proof of WSIB coverage, liability insurance, training records (e.g., Working at Heights, WHMIS), and safe-work procedures. Perform a WSIB Safety Check and monitor work onsite to verify compliance.
3.    Strengthen Workplace Violence and Harassment Programs
Every employer must have a written policy and program under OHSA s. 32.0.1. In a condo, this includes protocols for addressing harassment by residents or visitors and clear reporting and investigation procedures.
4.    Provide Effective Ongoing Training
Refresher training should cover Supervisor Due Diligence, Working at Heights, WHMIS, and Workplace Violence & Harassment Awareness. Maintain attendance records and certificates to demonstrate due diligence.
5.    Conduct Regular Safety Audits and Mock Inspections
Partner with external consultants to identify gaps and simulate Ministry inspections. These reviews confirm that your health and safety program is working, that the emergency procedures, signage for due diligence, and first-aid/PPE meet safety standards.

The Cost of Inaction

As of 2024, fines for corporations can reach $2 million per offence, $1.5 million for directors/officers and individuals face up to $500,000 and 12 months in jail. Beyond financial penalties, public trust and brand reputation can erode when residents learn that management failed to protect staff or contractors. Recent enforcement trends prove that no sector is exempt from scrutiny.

Building Safer Communities

Health and safety in condominiums is no longer about checking boxes; it is about leadership and care for the people who live and work there. Proactive managers know that a strong safety culture drives both compliance and trust.

At Safety First Training Ltd., we work with condominium boards and management teams across Ontario to develop compliant programs, conduct audits, and deliver training. From Joint Health and Safety Committees to Supervisor Due Diligence courses, our goal is to help you reduce liability and build safer, more resilient communities.
In today’s regulatory environment, health and safety leadership is not optional; it is due diligence in action. 

Aldo Carinci is the Managing Director of Safety First Training Ltd. and iSource Solutions Inc. He specializes in occupational health and safety compliance, workplace training, and risk management for the property management and construction sectors across Ontario.
www. safetyfirsttraining.ca
 

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