What Defines a Competent Worker Under OH&S Legislation in Canada?
There are a number of courses available online that state there is a “practical” portion to be completed alongside a competent person once the theory component is complete. A competent person is someone who is knowledgeable about, and comfortable performing, the operations on equipment and machinery they are training the individual on. More specifically, in Ontario, a competent individual must meet the three standards listed below.
- (a) is competent because of knowledge, training, and experience to organize the work and its performance,
- (b) is familiar with this Act and the regulations that apply to the work, and
- (c) has knowledge of any potential or actual danger to health or safety in the workplace
The Canadian Labour Code (CLC) defines a competent person as.
- A qualified person means, in respect of a specified duty, a person who, because of their knowledge, training and experience, is qualified to perform that duty safely and properly.
*While a supervisor may have had a role in organizing the work, he or she may not necessarily be competent to carry out the specific task or tasks.
For courses such as Online Fall Protection, Elevating Work Platforms, and Forklift Operator Safety, a competent person is required to conduct practical training with the trainee, after completing the online theory portion of the course, to fully satisfy training requirements.
The competent person will sign off on the back of the trainee’s certificate, indicating the practical portion of the training has been completed by a competent individual. Practical training is essential to ensure training concepts have been fully grasped, and the trainee has shown to be competent in the work.
How Canadian Jurisdictions Define Competency
Several provinces and territories formally define “competent” or “competent person”:
- Alberta, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, and Nunavut define “competent” as having adequate qualifications, training, and experience to perform work safely with minimal supervision.
- Saskatchewan, Ontario, Nova Scotia, and Prince Edward Island define “competent person” or “competent worker”, with Saskatchewan covering both terms.
- Federal and Yukon regulations use “qualified person”, emphasizing education and hazard control.
- British Columbia and Quebec imply competency but do not formally define it.
Employers must assess competency based on job-specific requirements, which may include formal education, on-the-job training, and mentorship.
Competent Supervisor vs. Competent Worker
A competent supervisor has additional responsibilities, including:
- Organizing work safely.
- Training workers on hazards and legal requirements.
- Enforcing safety procedures and protective equipment use.
- Responding to worker concerns.
For detailed legal requirements, consult your provincial or territorial OH&S regulations.