OLRB: No Jurisdiction to Hear Union Appeals Under OHSA Regarding COVID-19 School Safety Guidelines

On October 1, 2020, the Ontario Labour Relations Board (OLRB) dismissed four appeals which alleged that Ministry of Labour (MOL) inspectors had refused to inspect and / or issue orders to the Ministry of Education (MOE) under the Occupational Health and Safety Act (OHSA) to correct alleged deficiencies in the province-wide, MOE-issued, school safety guidelines for the COVID-19 pandemic. The appeals were filed by the Ontario Secondary School Teachers’ Federation, the Ontario English Catholic Teachers’ Association, the Elementary Teachers Federation of Ontario, and L’Association des enseignantes en enseignants franco-ontariens (collectively, the Unions).