Intro Occupational Health and Safety Act

7/31/2019 Intro Occupational Health and Safety Act

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Health and SafetyThe Law

Federal & Provincial

Legislation


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Occupational Health and Safety

Legislation

Most Canadian workplaces are governed byprovincial legislation- OHSA

private sector, provincial legislated Some organizations fall under Federal

legislation- Canada Labour Code Part II

public sector

post office,banks, railways, highwaytransport,shipping, airport

radio/television/telephone/telegraph


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Legislation

Federal Canada Labour Code

Pest Control Act

Radiation Protection

Hazardous Products

Transportation ofDangerous Goods

WHMIS

CanadianEnvironmentProtection Act

Provincial Occupational Health

and Safety Act

WorkersCompensation Act

WHMIS

Ontarios EnvironmentProtection Act

Building Code


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Legislation

Provide a basic framework to developand implement a proactive effective

health and safety program /system Reflects the desire to reduce

workplace injuries and accidents

goal is to reduce the human suffering,loss of property, reduce theaccompanying economic losses


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Legislation Monitor that the management / worker

process is working effectively

enforce compliance - if appropriate stepsare not taken

Amplifies the right of employees to

know, participate and refusedangerous work

IRS System


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Provincial / Federal Based on IRS System

underlying philosophy

everyone inside the workplace

personal responsibility

common goal

self-compliance general duties /minimal standards


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Health and Safety Legislation

Federal Legislation

Canada Labour Code

Part II Bill C-45

Innocent untilproven guilty

Provincial Legislation

The Occupational

Health and SafetyAct and Regulations

Guilty until proveninnocent.


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Other Safety- related Acts, Codes,

Regulations and Standards

The Occupational Health and Safety

Act and various regulations refer tootherActs, Codes, Regulations andStandards all of which are enforceableunder the Occupational Health &Safety Act including:


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Other Safety- related Acts, Codes,Regulations and Standards cont.

Boilers and Pressure Vessels Act,

Canadian Labour Code,

Canadian Standards Association, Federal Controlled Products Regulations,

Ontario Building Code,

Ontario Electrical Safety Code, Ontario Fire Code,

Ontario Workplace Safety and InsuranceAct


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LegislationActs are established through a process

that involves

preparation by ministry staff

deputy ministers approval

ministers approval

approval by Cabinet or - submission as private members bill


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Steps involved

first reading

generally no debate in House of Commons

second reading may involve debate

often sent to committee for review / revision

third reading

typically involves debate and requires votewithin House of Commons


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Steps involved If vote is passed

Lieutenant Governor (if provincial)

Governor General (if federal)

signs Bill thus establishing an Act


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Steps involvedAct is proclaimed and is published in

Ontario Gazette (if provincial)


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Regulations created within a ministry

does not require a vote within thehouse of commons

becomes legislation through an Orderin Council


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The Whys Greater authority and power of the

JHSC

Increase responsibilities of all partiesinvolved

Increase fines

Large WSIB costs

Moral and legal obligation


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Canada Labour Code, Part II

Bill C-34, an act to amend the Code andFinancial Administration Act 1984

1986 the Bill was proclaimed Canada Labour Code Part IV

renumbered to Part II

Purpose is to prevent an accident or injury

to employees Provides statutory framework to achieve

safe and healthy working conditions establish work procedures that protect against

employment injury and illness


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Federal / Provincial Legislation

Canada Labour Code /Bill C-45

Penalties & Fines $100,000 to $1,000,000 /

Up to life in prison

Criminal actions ofdirectors, executives,senior management

Found guilty of Intent

Workplace safety

Environment

Fraud

Occupational Healthand Safety Act

Penalties & Fines $25,000 and / or 1 year

in prison

Corporation -

$500,000 Across the Board

Found guilty of Non-compliance

Workplace safety


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Overview of the OHSA

The primary purpose of the Act andRegulations

reduce the human pain and suffering dueto injury and illness

provide the framework for thedevelopment and implementation of

proactive, effective health and safetyprograms

to monitor that management / employeesare working effectively to create a safeworkplace


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Mission Statement

To advance safe, fair and harmonious

workplace practices which are essentialto the social and economic well-being ofthe people of Ontario.


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The OHS Act

Based on the IRS System

Identifies responsibilities and dutiesof all individuals

Includes major features

Includes three fundamental rights The Right to Know The Right to Participate in health and

safety

The Right to Refuse


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The O.H.S. Act

The I.R.S.

foundation of The

Act major & minor

players inside theworkplace

roles andresponsibilities

self compliance

Fundamental Rights

The Right to

Participate Section 9 / J.H.S.C.

The Right to Know

Section 33-42 WHMIS

The Right to Refuse Section 43


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Internal Responsibility SystemPlayers

Major Players

JHS Committee

Employer Supervisor

Worker

Director andOfficers

Minor Players

Constructors

Licensees Suppliers

Owners


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The O.H.S Act andRegulations

The Act

responsibilities and

duties minimal standards

and guidelines

The Law

70 sections

The Regulations

rules

specific minimalstandards

details

safety regulationspertaining to specific

work related areas

The Law


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Organization of The Act Part 10 parts

Section 70 sections

contains a main idea or subject denoted by ahighlighted number

Subsection

expands on the main subject of the sectiondenoted by an indented number in brackets

Clause

expands the subsection with related informationdenoted by a lower case letter in brackets

Subclause

expands on the information in the clause

denoted by a lower case Roman numeral inbrackets


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The OHS Act - Parts

Part I- Application

Part II-

Administration Part III-Duties of

Employer and OtherPersons

Part IV- ToxicSubstances

Part V- Work Refusalor Stop Work

Part VI-Reprisal byEmployer prohibited

Part VII- Notices Part VIII

Enforcement

Part IX Offencesand Penalties

Part X- Regulations


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Terminology

All legislation is organized into;

sections

subsections

clauses

subclauses

written as; 25(2)(a)(i)


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Part 1 Application of the Act

describes where, when and to whomthe Act applies


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Part 2 Administration

establishes processes that support jointconsultation in the workplace


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Part 3 Duties of Employers andothers

states the responsibilities of employers,workers, supervisors and other persons Section 23 Duties of Constructors Section 24 Duties of Licensees Section 25 Duties of Supervisors, Section 26 Duties of Workers

Section 27 Duties of Owners Section 28 Duties of Project Owners Section 29 Duties of Suppliers Section 30 Duties of Directors and Officers

of a Corporation


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Part 4 Toxic Substances

toxic substances are also described bythe Act as hazardous materials and

hazardous agents other regulations are cited which relate

or refer to toxic substances, including;

Designated Substances regulations,Regulation 654/86 Control of Exposureto Biological or Chemical Agents and

WHMIS


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Part 5 Right to Refuse or StopWork

describes the procedures for a work

refusal and work stoppage


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Part 7 Notices

includes requirements for notices to theMinistry of Labour when a person is

killed or critically injured at a workplace.


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Part 9 Offences and Penalties

describes the fines and jail terms for

offences and procedures for presentingevidence and conducting trials.


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Part 10 Regulations

empowers the Lieutenant Governor in

Council (the Cabinet) to makeregulations

this section makes regulations part of

the law


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Home Work:Time to put the thinking cap on!

Look up the definitions of the following utilizing theOccupational Health and Safety Act Website Gov.on.ca

Competent person

Employer

Supervisor

Worker

Work place

Shall

Prescribed


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Definitions

Competent person

Employer

Supervisor

Worker

Work place Shall

Prescribed

Intro Occupational Health and Safety Act

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