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You and the LawUnderstanding Your ObligationsUnder the OHSAYou and the LawUnderstanding Your ObligationsUnder the OHSA
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Agenda
•Understanding the OccupationalHealth and Safety Act (OHSA)
•Internal Responsibility System (IRS)
•Rights of Workers
•Responsibilities under the OHSA:
–Employer responsibilities
–Supervisor responsibilities
–Employees responsibilities
–Joint Health and Safety Committee
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Agenda
•Enforcement and Penalties for Non-Compliance
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The Law
There are health and safety laws thatspecify rights and responsibilities foreveryone in the workplace. They are:
•Occupational Health and Safety Act(OHSA)
•Workplace Safety and Insurance Act(WSIA)
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Occupational Health andSafety Act (OHSA)
•Based on the concept of the InternalResponsibility System (IRS)
•Outlines the legal rights, duties,roles and responsibilities forworkplace parties
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Workplace Safety andInsurance Act
•Encourages and motivates allworkplaces to implement IRS intotheir day to day operation and to
make it part of their organization’sphilosophy
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OccupationalHealth andSafety ActOccupationalHealth andSafety Act
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Workplace InjuriesWorkplace Injuries
•There are more than 1,000 workersdying each year of workplaceaccidents and 340,000 suffer lost-timeinjuries
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Basic Provisions of Health andSafety LegislationBasic Provisions of Health andSafety Legislation
•Based on Internal Responsibility System (IRS)
or joint responsibility system
•Key Provisions of Internal ResponsibilitySystem:
–Workplace parties, employer and workers worktogether to promote health and safety in theworkplace
–Each party has defined duties and roles under theAct
–Joint Health and Safety Committees (JHSC) andtheir activities are a way of developing an effectiveIRS
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Basic Provisions of Health andSafety LegislationBasic Provisions of Health andSafety Legislation
–Employees with authority to assign work havethe responsibility to ensure that the work isdone safely by following the safe workpractices and using adequate safetyequipment
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The Rights of Workers
•To balance the employer's generalright to direct the work force andcontrol the production process in theworkplace, the Act gives 4 basicrights to workers
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1. The Right to Participate
•Workers have the right to be part ofthe process of identifying andresolving workplace health and safetyconcerns. This right is expressedthrough worker membership on JointHealth and Safety Committees, orthrough worker Health and SafetyRepresentatives
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2. The Right to Know
•Workers have the right to knowabout any potential hazards to whichthey may be exposed. This meansthe right to be trained and to haveinformation on machinery,equipment, working conditions,processes and hazardoussubstances
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3. The Right to Refuse Work
•Workers have the right to refusework that they believe is dangerousto either their own health and safetyor that of another worker. They mayalso refuse work if they believe theyare endangered by workplaceviolence
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4. The Right to Stop Work
•In certain circumstances, membersof a Joint Health and SafetyCommittee who are "certified" havethe right to stop work that isdangerous to any worker
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Responsibilities UnderOccupational Health andResponsibilities UnderOccupational Health and
Safety LegislationSafety Legislation
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Section 25- EmployerResponsibilitiesSection 25- EmployerResponsibilities
•Ensure compliance with OHSA andRegulations
•Prepare and post a written health andsafety policy and establish a health andsafety program to implement it
•Supervise workers to protect their healthand safety
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Section 25- EmployerResponsibilitiesSection 25- EmployerResponsibilities
•Provide and maintain protectiveequipment required for safe performanceof a job. Ensure that they are usedproperly
•Provide adequate health and safetytraining to all employees
•Provide adequate resources for efficientfunctioning of health and safety committee
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Section 25- EmployerResponsibilitiesSection 25- EmployerResponsibilities
•Post a copy of the OccupationalHealth and Safety Act
•Appoint a competent person as asupervisor
•Take every precaution reasonablefor the protection of workers
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Section 27- SupervisorResponsibilitiesSection 27- SupervisorResponsibilities
•Ensure workers comply with OHSA andRegulations
•Ensure workers use proper safety equipment,personal protective equipment, personalprotective devices and clothing
•Advise workers of any health or safety hazards
•Provide written instruction for working safely
•Take every precaution reasonable for theprotection of workers
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Section 28- Employees(Workers) ResponsibilitiesSection 28- Employees(Workers) Responsibilities
•Work in compliance with OHS laws andRegulations and participate in keepingtheir workplace healthy and safe
•Use or wear safety equipment andprotective devices required by employer
•Report all hazards to their supervisor
•Report known violation of OHS Laws andRegulations
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Section 28- Employees(Workers) ResponsibilitiesSection 28- Employees(Workers) Responsibilities
•Not remove or make ineffective anyprotective devices required by employeror by Regulations
•Not use or operate any equipment or workin a way that may endanger anotherworker
•Not engage in prank, rough or boisterousconduct that may endanger other workers
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Section 9 - Joint Health andSafety Committee (JHSC)
•Make recommendations about thesafety of the workplace
•Obtain information from employer
•Consult about testing in theworkplace
•Conduct workplace inspections
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Section 66- Enforcement andPenalties for Non-ComplianceSection 66- Enforcement andPenalties for Non-Compliance
•Every person who contravenes Health andSafety legislation is guilty of an offenceand liable to a fine of up to $25,000 or/andimprisonment of up to 12 months
•Charged party must prove that theyexercised due care and diligence to avoidthe contravention and it was notpracticable to do better than what wasdone
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Ministry of LabourMinistry of Labour
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Enforcement of OccupationalHealth and Safety LawsEnforcement of OccupationalHealth and Safety Laws
•Ministry of Labour (MOL)
–Employs inspectors who visitworkplaces to ensure companies arecomplying with their OccupationalHealth and Safety rules
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Role of Ministry of Labour(MOL) InspectorsRole of Ministry of Labour(MOL) Inspectors
•Uphold and enforce the OHSA
•Inspect the workplace and investigatepotentially hazardous situations, accidents andwork refusals
•May issue orders where there is a contraventionof the Act
•May provide advice and mediation where thereare disputes between workplace parties
•Can enter any workplace at anytime without awarrant
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Role of Ministry of Labour(MOL) InspectorsRole of Ministry of Labour(MOL) Inspectors
•In event of serious accident, inspectors conductan investigation and determine if a charge shouldbe laid under the Occupational Health and SafetyAct
•Accused individual or company may need toappear in court, where a fine or other penaltycould be imposed, if they are convicted
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