OCHS 1101-1

What was the significance of the Factory Act, 1833?

Improve working conditions for children and women in factories

Paved way for better workplace laws

Which legislation divided up the powers between the federal and provincial government?

The Constitution Act, 1867

What legislation was enacted to protect the health and safety of railway workers?

The Railway Act (1888)

Which legislation was the first of its kind to hold employers liable in a workplace injury?

Employer’s Liability Act (1891, BC)

What was the purpose of the introduction of the ‘Employer’s Liability Act’ in BC? Identify the drawbacks of the Act

Purpose

• Gives legislative help and compensation to injured workers

Drawbacks

Only for railway and manual labourers

• Compensation capped at 3 years wages

• Excluded first aid, medical aid, and enforcement

• Required proof of employer negligence

Describe what is the significance of the phrase “ out of and in the course of employment” when it comes to compensation.

“Out of”: causation (injury caused by job)

“In the course of”: time and place (happened while working) Both conditions must be met

What year did BC adopt the BC Workmen’s Compensation Act?

1917

What was the significance of enacting the BC Workmen’s compensation Act (1917)?

• Created an employer-funded accident fund

• Board can inspect workplaces and investigate accidents

Describe what is meant by “historic compromise”? List 3 reasons why it was created?

Workers gave up the right to sue. Instead, get no-fault compensation

• Saved legal expenses and uncertainty

• Guaranteed compensation regardless of fault

• Gives liability protection for both employees and workers

Who dictates the authority of municipalities? List 4 areas that fall under municipal Control.

The provincial government

• Fire

• Police

• water supply

• waste management

• Public transit

• Animal control

• Bylaws

• Local parks

What is law? List 4 characteristics of Law.

Set of rules that people use to govern themselves

• Reason

• Morality

• Force

• Certainty

• Flexibility

• Neutrality

• Equality

• openness

Differentiate between a lawsuit and prosecution.

Lawsuit

• Private party sues another for remedies

Prosecution

• State charges a party with an offense against an Act or Regulation

What are the four broad categories of Law? Describe each.

Public law

• Governs relationship between individuals and state

• Constitutional, criminal, administrative

Civil law

• Manages private disputes, rights, and obligations between individuals or organizations

• Contracts, torts

Statute law

• Written laws, enacted by legislative bodies

Common law

• Law coming from judicial precedent

What is a regulation? List two primary functions of a Regulation

Legally binding rules made from an Act

• Makes act specific and relevant

• Makes act easier to understand

Differentiate between common law and civil law. List one province under each that uses this type of legal system

Common law: past court decisions

• Any province except Quebec

Civil law: written legal codes

• Quebec

Which province enacted Canada’s first comprehensive statute dealing solely with OHS? What was this statute first called when it was adopted in BC (hint it’s a regulation not an Act)?

• Saskatchewan, 1972

• Adopted in BC: Industrial Health and Safety Regulations (1978)

What act covers mining in BC?

Mines Act (Or Mining Act)

Workers that fall under federal jurisdiction are covered under which law?

Canada Labour Code, Part 2

List 6 areas that are covered under federal jurisdiction instead of provincial jurisdiction.

Banks

Air

Rail

Telecom

Postal

Maritime

What are the two most commonly applied regulations under the Canada Labour Code?

• Canada OHSR

• Policy, Workplace, Health and Safety Reps Regulations

Who administered the Canada Labor code?

Labour Program of Employment and Social Development Canada

List and describe 3 measures that can be taken in response to non-compliance in federally regulated industries?

Assurance of Voluntary Compliance

• Employer agrees to fix it

Direction

• Officer gives legal order to fix something

Prosecution

• Employer is taken to court

How are workers in federal jurisdiction compensated?

Provincial WCB pays workers; federal government reimburses board

Does the experience rating assessment program apply to federally regulated workplaces?

• No

• Those pay actual claim fees

List 4 main features of an OHS Act that are common throughout the provinces and Territories

• Employer-funded

• Employer immunity

• No-fault compensation

• Enforcement of employer violations

What are legal authorities that a safety officer has when inspecting or investigating a Workplace?

• Enter workplaces

• Inspect areas

• Question people

• Collect evidence

List 4 steps of progressive enforcement

• Written orders

• Warning letters

• Penalties and fines

• Prosecution