Sector summary

The restaurant sector comprises restaurants, take-out food establishments, caterers, taverns, bars and nightclubs. Family-run businesses and small businesses dominate the industry.

Key hazards

The following list represents hazards to which workers are commonly exposed in the restaurant sector:

  • slips, trips and falls
  • activities that may lead to musculoskeletal disorders (MSDs)
  • material handling hazards (such as workers being struck by objects, caught or crushed between objects)
  • material handling: hot liquid burns
  • workplace violence and workplace harassment
  • machine (and powered equipment) hazards such as improper lock-out and unguarded equipment
  • electrical contact: less than 600 volts.

In general, hazards that are not covered by a regulation and hazards in workplaces not covered by a sector-specific regulation are addressed through the application of the general duty clause 25(2)(h) of the Occupational health and safety Act (OHSA).

Workplace parties should refer to the narrative portion of the field visit report, if they have received one, for further information or contact their health and safety association for guidance.

Slips, trips and falls

Slips, trips and falls hazards include hazards that result in workers falling onto the same surface or falling from a height.

Injuries to workers can include fractures, lacerations, and loss of consciousness. In extreme circumstances injuries caused from a fall can lead to permanent disability or death.

The Regulation for Industrial Establishments (Regulation 851) applies to industrial establishments (such as an office building, factory, arena, shop or office or any land, buildings and structures pertaining thereto) and sets out a number of requirements for worker protection against slips, trips and falls, including but not limited to sections 11, 13, 14, 15, 73 and 85.

  • Floors and other surfaces used by workers must be free of obstructions, hazards, accumulations of ice and snow and not have a slippery surface [section 11].
  • In areas requiring ladder use, review compliance with section 73.
  • Employers must provide information, instruction and supervision to protect workers from slips, trips and falls and acquaint workers with the hazards [OHSA clauses 25(2)(a) and 25(2)(d)].

Musculoskeletal disorders (MSDs)

Workplace pains and strains can be serious and disabling for workers, causing pain and suffering ranging from discomfort to severe disability.

MSD is not a medical diagnosis; it is an umbrella term for a group of injuries. Some of these injuries include: back pain, muscle strain, tendonitis, carpal tunnel syndrome (CTS), rotator cuff syndrome, tennis elbow and shoulder pain.

  • Identify and assess job-related MSD risk factors (i.e. identify tasks and activities involving manual material handling, use of ladders, static or repetitive movements etc.).
  • Review training on job-specific MSD risk factors.
  • Assess controls to reduce worker exposure to MSDs.
  • Contact your health and safety association for guidance in assessments and prevention of MSDs.

Material handling hazards: struck by objects, caught between or crushed by objects

Injuries associated with material handling can include workers being struck by objects, caught between objects and/or crushed by mechanical compression. Manual material handling may also lead to MSDs.

Regulation 851 sets out requirements for material handling in sections 45, 46, 47, 48, 49 and 50. Section 51 contains requirements regarding mechanical lifting devices.

  • Ensure that products, equipment and materials are stored safely and can be removed and handled by workers in a safe manner [section 45].
  • Ensure that mechanical lifting devices are maintained in good condition, are operated by a competent person and are capable of handling loads [section 51].

Material handling: hot liquid burns

Injuries to workers can include burns and scalds.

  • Ensure compliance with requirements of material handling sections with respect to the transfer of hot (boiling) liquids such as oil, grease or water to prevent injury [section 45 and clauses 84(c), (e), and (f)].
  • Ensure that workers are provided with training on the care, use and limitations of personal protective equipment (PPE) [section 79].
  • Ensure that appropriate protective apparel is used to protect a worker from being burned by hot liquids [clause 84(c), (e) and (f)].
  • Ensure that workers are provided information, instruction and supervision related to use of equipment and personal protective equipment [OHSA clause 25(2)(a)].

Workplace violence and workplace harassment

The OHSA sets out requirements for workplace violence and harassment in sections 32.0.1 to 32.0.8.

  • Ensure that appropriate workplace violence and harassment policies have been established in accordance with the OHSA [section 32.0.1].
  • Conduct a workplace violence risk assessment or re-assessment [section 32.0.3].
  • Ensure that workplace violence and workplace harassment programs are developed and maintained to implement the policies [sections 32.0.2 and 32.0.6].
  • Ensure that workers have received information and instruction on the workplace violence and harassment policy and program [section 32.0.5 and 32.0.7].
  • Subject to some conditions, the employer must provide information to a worker related to the risk of workplace violence from a person with a history of violent behaviour [subsection 32.0.5(3)].
  • Employers may wish to consider the use of the ministry’s Code of Practice to Address Workplace Harassment under the Occupational health and safety Act.

Further information regarding the requirements related to workplace violence can be found in the Ministry of Labour (MOL) guide Workplace violence and harassment: Understanding the law.

Additional information, including more information about new workplace harassment provisions, can be found on the MOL topic webpages for Workplace Violence and Workplace Harassment.

Machine hazards

Machine or transmission start-up (improper lockout)

Injuries experienced by accidental machine start-up can include lacerations, crushing and amputations. In some circumstances these injuries can cause permanent disability or death. 

The Regulation for Industrial Establishments Regulation 851 sets out requirements for worker protection against machine start-up in sections 75 and 76.

  • Review repair/maintenance of machinery [section 75].
  • Ensure requirement/compliance with lockout procedures [sections 75 and 76].

For all workplaces where machine hazards are present, employers must ensure that instruction and information is provided to a worker on the hazard and the requirements to isolate and lockout hazardous energy [OHSA clauses 25(2)(a) and 25(2)(d)].

Unguarded equipment

Injuries to workers can include lacerations, amputations, crush by entanglement and loss of consciousness. Serious injuries can lead to permanent disability or death.

Hazards due to unguarded equipment include worker exposure to pinch points, moving (rotating) equipment and in-running nip hazards. Equipment that have exposed moving parts such as cutting equipment, exposed drive-motor assemblies used to power compressors and/or ventilation fans may endanger a worker. Regulation 851 sets out requirements for guarding of equipment in sections, 24, 25, 26, 28, 31 and 32.

  • Ensure that requirements for the guarding of prime movers or transmission equipment are followed [section 24].
  • Ensure that pinch points are guarded [section 25].

Electrical contact: less than 600 volts

Injuries to workers can include, loss of consciousness, burns, lacerations and fractures as result of contact with the live electrical apparatus, or fall to the ground from the same level, or from an elevated working height. Serious injuries can result in permanent disability or death.

Regulation 851 sets out requirements for working with electrical equipment and around electrical installations in sections 40 to 40.2.

  • Review procedures when performing electrical maintenance [sections 42-44.2].
  • Ensure that proper lockout procedures are used [subsections 42(1) and 42(7)].
  • Ensure that training is provided to workers about electrical lockout [OHSA clause 25(2)(a)].

Trends

Table 1: Fatalities and critical injuries in restaurants by fiscal year
Events2012-132013-142014-152015-162016-17
Fatalities10000
Critical injuries141015717
  • Only critical injury events reported to the ministry are included here.
  • These represent data that were reported to the ministry and may not represent what actually occurred at the workplace.
  • The critical injury numbers represent critical injuries reported to the ministry and not necessarily critical injuries as defined by the Occupational health and safety Act.
  • Non-workers who are critically injured may also be included in the ministry’s data.
  • The Ministry of Labour tracks and reports fatalities at workplaces covered by the OHSA. This excludes death from natural causes, death of non-workers at a workplace, suicides, death as a result of a criminal act or traffic accident (unless the OHSA is also implicated) and death from occupational exposures that occurred many years ago.
  • Data are subject to change because of inspectors’ updates to the database.
Table 2: Events and activities in restaurants by fiscal year
Events and activities2012-132013-142014-152015-162016-17
Field visits2,5672,2351,9212,3132,577
Orders6,0845,1614,8156,0275,484
Complaints433458414531707
Work refusals00101

Most common orders issued under the OHSA

From April 1, 2016, to March 31, 2017, the most common orders issued by the Ministry of Labour under the OHSA were:

  • An employer shall post, in the workplace, a copy of this act and any explanatory material prepared by the ministry, both in English and the majority language of the workplace, outlining the rights, responsibilities and duties of workers [clause 25(2)(i)].
  • An employer shall prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy [clause 25(2)(j)].
  • At a workplace where no committee is required under section 9 and where the number of workers regularly exceeds five, the employer shall cause the workers to select at least one health and safety representative from among the workers at the workplace who do not exercise managerial functions [subsection 8(1)].
  • An employer shall ensure that, the equipment, materials and protective devices provided by the employer are maintained in good condition [clause 25(1)(b)].

Most common orders issued under the Industrial Regulations

From April 1, 2016, to March 31, 2017, the most common orders issued by the Ministry of Labour under Regulation 851 were:

  • A floor or other surface used by any worker shall be kept free of obstructions, hazards, and accumulations of refuse, snow or ice, and not have any finish or protective material used on it that is likely to make the surface slippery [section 11].
  • Where a worker is exposed to a potential hazard of injury to the eye due to contact with a biological or chemical substance, an eyewash fountain shall be provided [section 124].
  • A storage cylinder for compressed gas shall have a valve connection that prevents an inadvertent connection which would result in a hazardous mixture of gases, be secured in position during transportation, storage or use, have the valve protection cap in position when the cylinder is not in use, when containing acetylene, be in an upright position, and be protected from physical damage [section 49].
  • Material, articles or things shall be transported, placed or stored so that the material, articles or things, will not tip, collapse or fall, and can be removed or withdrawn without endangering the safety of any worker [clause 45(b)].

Industrial Regulations identified by section

Inspectors may issue orders in the restaurant sector under the following sections of the Regulation for Industrial Establishments where appropriate.

  • Section 7 – pre-start health and safety review
  • Section 11 – safe work surfaces
  • Sections 13 and 14 – guardrails
  • Sections 24, 25, 26, 28 and 32 – guarding of equipment
  • Section 45 – material handling and storage
  • Section 49 – compressed gas cylinders
  • Section 73 – portable ladder
  • Section 76 – machine lockout

Applicable regulations

Regulation for Construction Projects

Employers should be aware that in situations where construction work is undertaken, the Construction Projects Regulation (O. Reg. 213/91) may apply.

Construction work can be described as new work, additions, alterations or maintenance and repairs. The Occupational health and safety Act defines construction as including erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project but does not include any work or undertaking underground in a mine.

General resources

Publications | Ministry of Labour

For information and guides, fact sheets, information bulletins, guidelines, alerts, engineering data sheets, extracts, reports, consultations, codes and standards.

Videos and photos | Ministry of Labour

To view Ministry of Labour videos and photos.

Health and safety partners

To learn about sector-assigned health and safety associations.

By the numbers: WSIB statistical report

To review Workplace safety and insurance board (WSIB) injury experience data.