Chapter 8: Occupational Health and Safety Act

Types of costs of workplace injury

human suffering

workplace safety and insurance claims

penalties

Penalties for failure to follow statutory safety standards

fines up to $2 M

terms of imprisonment

T/F: fines for safety violation are only ever given if there was an accident or injury

false

Two relevant statutes regarding workplace safety

OHSA

WSIA

OHSA stands for

Occupational Health and Safety Act

WSIA stands for

Workplace Safety and Insurance Act

OHSA

promotes safe and healthy workplace

aims to prevent work-related accidents and diseases

WSIA

focuses on enhancing workplace safety

also covers compensation/reintegration of injured workers

Ontario’s health and safety legislation is based on a system of

joint responsibility

What bodies exercise important collective powers to ensure healthy and safe work environment

joint health and safety committees (JHSC)

JHSC must form in workplaces with

20 or more regular workers

The term “regular workers” (does or does not) include independent contractors

does

In smaller workplaces (6-19 workers) what body exercises the powers of a JHSC?

health and safety representative

JHSCS comprised of

equal number of management and worker representattives

Internal responsibility system is monitored by an

external responsibility system

External responsibility system

ON Ministry of Labour (MOL)

Ontario Labour Relations Board (OLRB)

MOL inspectors can

make orders

impose fines

order terms of imprisonment

When are MOL inspectors called in

when workplace parties can’t resolve a safety issue

Number of JHSC members: 20-49 workers

at least 2 members

Number of JHSC members: 50 or more workers

at least 4 members

At least half of the JHSC must be - representatives

worker

JHSC must be co-chaired by

one worker representative and one management reprsenative

Names and work locations of JHSC members must be posted

in a conspicuous location

JHSC meetings must occur how often

quarterly (at least)

The concerns of each - of a workplace should be effectively reprsented

department

JHSC members must be paid by employer at least - - prep pay for each meeting

1 hour’s preparation pay

T/F: employer does not have to pay JHSC members for the time they spend in JHSC meetings

false, must be paid

Are employers required to pay JHSC members for time spent on other necessary committee duties

yes they are

JHSC must keep - of its meetings and be able to provide them to the - upon request

minutes

MOLS inspector

Certified JHSC members

1 worker and one management representative are specially trained in health and safety

Main functions of JHSC

Id potentially dangerous situations

obtain information about workplace hazards

make written recommendations for improving safety

investigate worker refusals and serious injuries

get info from WSIB about worker compensation claims

participate in creation, implementation, annual review of training involving hazardous agents

select co chairs

participate in development of workplace harassment program

Certified member of JHSC should inspect workplace how often

once a month

When JHSC makes recommendations about workplace safety the employer does not have to accept them but they must

respond in writing within 21 days

Two categories of workers

anyone paid to perform work/supply services

unpaid workers

Anyone paid to perform work/supply services inlcudes

independent contractors

temp agency employees

Unpaid workers includes

students in work experience programs

Exemptions to definitions of workplace

workplaces that fall under federal jurisdiction

where work is done in a residence for its owner

Federal workplaces are subject to health and safety provisions of

the Canada Labour Code

3 core rights under OHSA

participate in id’g and resolving health and safety concerns

right to refuse unsafe work

right to know about potential hazards

WHIMS

Canadian system that provides information how to handle, store, and use hazardous materials

If a term of OHSA is found to be breached who can be held personally liable

supervisors

workers

directors

In addition to personal liability, supervisors, workers, and directors breaching OHSA can be

fined and jailed

Industrial establishment regulation under OHSA applies to

all ON workplaces where industry-specific regulation does not apply

Industrial Establishment Regulation covers 5 areas of safety

protective devices

PPE

minimum age of workers

lighting, fire prevention, air quality, industrial hygiene

Employer duties under OHSA: general

take every reasonable precaution to protect health and safety of workers

Worker duties under OHSA

comply with OHSA and regulations

use protective device

report missing/defective equipment that may be dangerous

report known workplace hazard

refuse foolish behaviour

Employer has a duty to - employees for breach of OHSA

discipline

Supervisor duties

ensure compliance

advise worker of potential/actual health and safety dangers

provide written instructions concerning protective measures

take every reasonable precaution

Supplier duties

ensure equipment is in good condition and in compliance

advise employers of capacity limits and proper use of equipment

Duties that apply to everyone: nobody shall

interfere with/dispose of wreckage from an accident

interfere with monitoring device

deliberately obstruct JHSC/representatives

Procedure for refusing unsafe work: Stage 1

initially based on honest belief that work is unsafe

Procedure for refusing unsafe work: Stage 2

supervisor must immediately investigate in the presence of:

• the worker

• certified worker member of JHSC

During supervisor/MOL investigation of refusal to work, worker must

remain in a safe place near the workstation

Procedure for refusing unsafe work: Stage 3

if worker isn’t satisfied with outcome of investigation, can continue to refuse if reasonable grounds exist

Procedure for refusing unsafe work: Stage 4

employer must call MOL inspector to investigate

Procedure for refusing unsafe work: Stage 5

MOL inspector makes binding decision in writing

MOL finds situation unsafe

may issue corrective action

MOL finds no danger

no adverse order against employer made

Procedure for refusing unsafe work: Stage 6

MOL inspector decision may be appealed to OLRB by party who disagrees

WHMIS stands for

workplace hazardous materials information system

Employer’s WHIMS responsibilities

ensuring proper labelling

training workers

taking all reasonable precautions

Employers must assess risk of workplace - and -

violence and harassent

Workplace harassment

engaging in a course of conduct against a worker that is known or ought reasonably to be known to be unwelcome

If 6 or more employees violence policy must be

in writing and posted conspicously

Under OHSA employers must report all accidents to

MOL

Accidents resulting in critical injuries must be reported

immediately

Report of critical injury to

MOL by phone - written report within 48 hours

JHSC or health and safety representative

worker’s union

Critical injuries

life in jeopardy

unconsciousness

substantial blood loss

fracture of limb

amputation of limb or hand/foot

burns to major portion of body

loss of sight in an eye

Non-critical injuries reported within

4 days

occupational diseases and illnesses must be reported within

4 days of employer learning of it

Limitation period for prosecution under OHSA/regulations

2 years of date of MOL inspector becoming aware of offence

Most OHSA offences are - liability

strict

Offence charged against employer or its agent under Criminal Code is

negligence causing death or bodily harm

Fines under the Criminal Code for summary conviction

$100K

When death results, and offence will be charged, sentencing principles will be

denunciation and deterrence