Professional sports involve a range of workplace safety risks. The main categories include:

• Physical injuries: concussions, breaks, fractures, ligament tears, etc.
• Unsafe environments: poor playing surfaces, faulty equipment, or inadequate facilities
• Fatigue and overtraining: intense schedules, travel demands, and limited recovery time
• Psychological risks: addiction, stress, and mental health strain
• Harassment: bullying, intimidation, or misconduct by coaches, staff, or teammates

The governing statute for workplace safety in Ontario is the Occupational Health and Safety Act (OHSA). Its purpose is to protect workers from health and define the role of employers, supervisors, and workers.

Are professional athletes “workers” under OHSA?

OHSA defines a “worker” broadly, which can include individuals who perform work for compensation. In many cases, professional athletes may fall within this definition. While contracts sometimes frame them as independent contractors, courts and regulators often look at the substance of the relationship, not just the label. The following factors can support the argument that teams function as employers and their athletes are therefore workers:

• Control over training and schedules
• Provision of equipment and facilities
• Ongoing, exclusive working relationships

If an employment relationship is established, then each party will be subject to legal obligations under the legislation.

What precautions must be taken?

If an organization is deemed an employer, it will be required to take every precaution reasonable in regard of safety risks. In the sports context, this might include:

• Providing a safe training and playing facilities
• Implementing injury prevention protocols
• Ensuring access to proper medical care
• Managing risks associated with equipment and playing conditions

Coaching staff and other team personnel may also qualify as “supervisors” under workplace safety laws and are also required to take every precaution reasonable to protect the workers. This might include:

• Ensuring athletes follow safety procedures
• Providing instruction and supervision to protect players
• Avoiding directing athletes to engage in unsafe practices

The athletes themselves also have obligations under OHSA, including:

• Following safety rules and protocols
• Using protective equipment properly
• Reporting hazards or injuries

What are the consequences of non-compliance?

The Act is enforced by Ontario’s Ministry of Labour through inspections, orders, and prosecutions. There are significant penalties for actors who are convicted of an offence under OHSA:

• Fines of up to $500,000 for individuals, $1,500,000 for directors or officers of incorporated sports organizations, and $2,000,000 for the organization itself
• Possibly 12 months imprisonment

Other legal frameworks that govern workplace safety in professional sport

Although OHSA is the main statutory framework for workplace safety in Ontario, other areas of law also ensure workplace safety in professional sports.

• Rowan’s Law: Unique to Ontario, this law requires amateur sport organizations to have a Concussion Code of Conduct and specific removal-from-sport and return-to-sport protocols to protect athletes, particularly those under 26.
• Collective Bargaining Agreements: In major professional leagues safety standards are often negotiated between player unions and leagues rather than being strictly dictated by government regulation
• Tort Law: If a player is injured due to a club’s negligence (e.g., failure to provide safe facilities or proper medical oversight), they may have the right to claim tort damages for breach of the employer’s duty of care.
• Human Rights Law: The Ontario Human Rights Code protects athletes from discrimination based on disability, which includes duties for teams to accommodate players with long-term injuries or concussions.
• Combative Sports Act: Specific participants in combative sports (e.g., MMA, boxing) are subject to legal obligations under this specialized Act and its associated regulations regarding contestant safety and official oversight.

								
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