OHSA

Listed in the Occupational Health and Safety Act as the right to refuse work include:

(a) Operating any type of equipment, machinery or device that can harm oneself or those around them (b) The work environment and physical conditions can cause harm to themselves or those around them including workplace violence (c) Operating any machinery or devices that infracts upon the Act and can cause possible injuries in the workplace to themselves and other workers.

Powers of inspectors under the act

1. Can enter any workplace at any time without notice 2. Are able to use any machine, product or any part there of i.e. chemical agents 3. Can acquire production of any documents and reproduce if necessary 4. They can run any tests on any equipment, machine, material, thing or biological, chemical or physical agents at employee expense 5. Able to bring in experts and to perform testing and use company's resources

Duties of a supervisor

1. Complies to the guidelines and regulations of the act 2. Ensures employees wear any protective gear or PPE 3. Take every precaution necessary to protect the worker 4. Communicate to the worker any existing or potential health and safety issue

Duties of the worker

1. Comply with the provisions of the act and its regs 2. Required to wear any protective gear as per the employers request 3. Report any breach in the act 4. Report defective equipment

Power/Duties of a Joint Health and Safety Committee

1. Duties associated with this position include identifying situations that may be a source of danger or hazard to workers, and make recommendations for programs, measures, and procedures for the improvement of the health and safety of workers. 2. Identify potential or existing hazards of materials, processes, or equipment and they can conduct tests on hazards to maintain occupational health and safety. Members are also sent to investigate deaths in the workplace, if any occur. 3. A committee will also meet once every three months at the workplace and may be required to meet by order of the minister.

Who isn't covered by the act?

1. Federally regulated2. Family-owned Farming operations 3. Private residences 4. Those working from home or in a home 5. Self-employed (limited coverage)

Duties of the employer

1. Provide necessary PPE and make sure they are in good working order 2. Ensure the building has sound construction 3. Provide health and safety training to workers and have a competent supervisor 4. Take all necessary precautions to protect the worker 5. Post a copy of the green book

Purpose of a Joint Health and Safety Representative

1. Purpose is to keep the workplace safe, through the perspective of the average worker. The worker selected cannot be the manager/supervisor

Identify 5 of the key regulations

1. Safety Regulations (Sector Category) 2. Designated substances (cause cancer) 3. General 4. Hazardous physical agents 5. Regulations that directly affect/ impact the act

Identify and explain the legislative overlap between the OHSA and other legislatation

1. The Coroners Act 2. Employment Standards Act 3. Fire Marshals Act 4. Smoke Free Ontario Act

Due Diligence:

1. The level of judgement, care, prudence, determination, and activity that a person would reasonably be expected to display in particular circumstances. 2. Regarding occupational health and safety, this means taking all reasonable precautions, in the particular circumstances, to prevent injuries to workers in the workplace.

Power of a Joint Health and Safety Representative

1. The powers include inspecting the workplace at least once a month, making recommendations to the employer 2.They also have the power to ask for information about any potential hazard. 3. Question equipment, products, devices, machinery, or physical agents that could impact health and safety 4. The power to be present when testing any of the previously mentioned potential hazards

An OHS policy and program should

1. state its objective 2. provide procedures that will correct any health and safety concerns that are present in a workplace in a clear and concise manner. 3. These procedures should reflect the health and safety philosophy of the organization. 4. It must also be signed by the employer and the senior management to express that they are both committed to safety, 5. The policy should be current and up to date 6. Communicated to all employees 7. Emphasizes the importance of health and safety

Internal responsibility system

Everyone in an organization, no matter what occupational level, has direct responsibility for health and safety. Each person must take initiative on health and safety issues and work to solve problems and make improvements on an on-going basis

Penalties for a company under the act

If a corporation is convicted of an offence, the maximum fine imposed is $500,000 (per event)

Board Action

If it is found that the work refused by the worker, the investigator or representative will make an effort to stop and reorganize the work and if they believe the workers can continue to work in the same conditions but workers deem its still unsafe they can apply to have the situation reviewed by the Board

The purpose of an OHS program

Is to set a procedure to prevent injuries and occupational illnesses in the workplace, as required under occupational health and safety legislation in Canada

Report of Work Refusal

Once a worker refuses work, they must report the refusal to their employer or supervisor who will investigate the situation.

Investigation by Inspector

The inspector comes in and makes a decision in writing on if the work refused does harm the worker or workers around them. As well, during investigation the worker is to be present at work and the employer is to pay them regular or premium pay awaiting the decision of the investigator.

How safety laws are enforced under the act

The laws are enforced by the inspectors and act as an execution branch for the Ministry of Labour

Purpose of a : Joint Health and Safety Committee

The purpose of the Joint Health and Safety Committee is to protect the employee from workplace hazards and accidents. The committee is built so that the workplace is established with at least one joint health and safety committee with a minimum of 2 people for under 50 employees or 4 people for more than 50 employees.

When are a Joint Health and Safety Representative needed

They are needed if the number of regularly employed workers is between 5 and 20, and a committee isn't required (according to subsection 9). ** If there are over 20 workers, or if the company's working with designated substances (carcinogenic substances), a committee is required instead of a rep

Worker to Remain Safe Available During Investigation

While the investigation is being worked on, the worker is to stay in a safe area close to their workstation and is available during the investigation to their supervisor or employer

a unilateral stoppage is

certified member may direct the employer to stop work if the certified member finds that dangerous circumstances exist

People who cannot refuse unsafe work

police officers, firefighters, individuals who work in correctional institutions and similar institutions/facilities, and healthcare workers and people who work in places like hospitals, nursing homes, sanatoriums, homes for the aged, psychiatric institutions, ambulance services, first aid clinics, licensed laboratories. Laundry, food service, power plant or technical service

Penalties for an individual under the act

up to $25,000 or an imprisonment term of up to 12 months or both.