mployment Law Chapters 2, 3, 4, 6, 7, 13, 14, and 15
What are the 2 majors ON statutes that address health and safety in the
workplace? - Answer: OHSA and the WSIA, 1997
Internal responsibility system - Answer: based on the premise that government
alone cannot effectively regulate all workplace risks. Emphasizes participation by
all parties in the workplace to ensure a healthy and safe environment.
Joint health and safety committees - Answer: Required in workplaces with 20 or
more workers, committee is composed of equal numbers of management and
workers who exercise specific powers. Workplaces with 6-19 workers require a
single health and safety rep.
Who is covered by OHSA? - Answer: Almost every worker and workplace in ON.
Individuals need not be employees, can be temp workers or independent
contractors. Bill 18 covers unpaid workers.
What workplaces aren't covered by OHSA? - Answer: Those that fall under federal
jurisdiction, which are subject to the Canada Labour Code, or workplaces where
work is done by an owner, occupant, or servant in a private residence or its
connected land. In other words, the only provincially regulated workers not
covered by the OHSA are individuals who come into a residence and are directly
employed by the occupant, as in the case of a nanny.
Employment Law Chapters 2, 3, 4, 6, 7, 13, 14, and 15
What are the 3 core rights workers have under OHSA? - Answer: the right to
participate in identifying and resolving health and safety concerns, primarily
through the JHSC or, in smaller workplaces, the health and safety representative;
the right to refuse work they believe is dangerous to themselves or another
worker, and in the case of a certified member of a JHSC, the right to stop work
that is dangerous to any worker in specified circumstances; and
the right to know about potential hazards to which they may be exposed through
training and the Workplace Hazardous Materials Information System (WHMIS).
Employer Duties under OHSA - Answer: Appoint competent supervisors, maintain
equipment, ensure workers where PPE, prepare OHS policy and review it annually,
post the policy, acquaint workers with hazards, identify hazards, help JHSCs carry
out their duties, post the OHSA, refuse to employ underage workers, report
accidents, ensure workers complete a OHS awareness program
Worker duties - Answer: 1. comply with the OHSA and its regulations; 2. use any
equipment, protective device, or clothing required by the employer; 3. report any
missing or defective equipment or protective device that may be dangerous; 4.
report any known workplace hazard; and 5. refuse to engage in any prank,
contest, feat of strength, unnecessary running, or rough and boisterous conduct
(such as racing forklifts in a warehouse).
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