Employer and Worker Duties in OHS

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is a fundamental right of workers regarding unsafe work conditions?

To refuse to work without a valid reason

To leave the workplace if they feel uncomfortable

To report unsafe conditions to their coworkers

To refuse unsafe work if they have notified their employer (correct)

Which of the following actions is NOT a responsibility of employers regarding workplace violence prevention?

Establishing policies to deal with violence

Ignoring minor incidents to avoid raising concerns (correct)

Encouraging open communication among employees

Providing training on recognizing signs of violence

What is an essential requirement for employers to ensure safety training is effective?

Training records do not need to be maintained

Training materials must be updated regularly (correct)

Training can be conducted solely online

Training should be optional for employees

Which duty belongs to workers in maintaining a safe workplace environment?

To report any known hazards immediately Signup and view all the answers

What is one of the primary roles of Joint Health and Safety Committees (JHSCs)?

To assist in implementing health and safety programs Signup and view all the answers

What does the 'right to refuse' unsafe work allow employees to do?

Legally refuse tasks that pose immediate danger Signup and view all the answers

Which of the following is NOT a shared responsibility for occupational health and safety in a workplace?

Only the employees Signup and view all the answers

What is a key focus of the Occupational Health and Safety Regulation?

Prevention of workplace injuries and diseases Signup and view all the answers

What must employers establish to fulfill their responsibilities in workplace safety?

Mechanisms for health and safety, including rights to know and refuse Signup and view all the answers

Which of the following practices is essential for effective employee training on safety policies?

Incorporating regular updates and hands-on training Signup and view all the answers

What is the first step to take in the accident investigation procedure after the injured worker receives medical attention?

Prepare and file WCB report Signup and view all the answers

Which of the following actions can workplace inspectors perform without a search warrant?

Enter the workplace at any time Signup and view all the answers

Which component is not required for a health and safety program to meet due diligence standards?

Profit-sharing incentives Signup and view all the answers

What must be included in the due diligence defense for OHS offenses?

Efforts to show reasonable precautions were taken Signup and view all the answers

What is the role of designated senior managers in maintaining workplace safety?

They are responsible for compliance Signup and view all the answers

Which action should not be taken during an accident investigation?

Tamper with the site Signup and view all the answers

Which of the following is an acceptable action an inspector can take concerning documents?

Compel production of relevant documents Signup and view all the answers

During an investigation, obtaining a statement from which of the following is crucial?

The injured worker, if possible Signup and view all the answers

Match the components of the Internal Responsibility System with their descriptions:

Right to Know = Employees are informed about workplace hazards Right to Refuse = Workers can decline unsafe work Joint Health and Safety Committees = Groups that promote workplace safety Mechanisms to Combat Hazards = Processes established to reduce risks Signup and view all the answers

Match the external health and safety standards with their purpose:

Minimum Health and Safety Standards = Establish baseline safety requirements Mechanisms for Enforcement = Systems to ensure compliance with regulations Risk Assessment = Evaluation of potential workplace hazards Legislation = Legal framework for occupational health and safety Signup and view all the answers

Match the workplace parties with their responsibilities in occupational health and safety:

Employers = Ensure a safe working environment Workers = Comply with safety policies and procedures Supervisors = Oversee daily safety operations Corporate Officers = Accountable for management of health and safety Signup and view all the answers

Match the employer's duties with their descriptions:

Take Reasonable Precautions = Implement safety measures to protect workers Accountability through Management = Ensure safety protocols are followed at all levels Specific Responsibilities = Adhere to detailed safety regulations Health and Safety Training = Educate employees on safety practices Signup and view all the answers

Match the key focus areas of OHSR with their definitions:

Prevention = Proactive measures to avoid incidents Shared Responsibility = Collective duty of all workplace parties Joint Health and Safety Committees = Collaborative efforts to enhance safety Legal Framework = Laws governing health and safety practices Signup and view all the answers

Match the Occupational Health and Safety (OHS) legislation to their descriptions:

Occupational Health and Safety Act (OHSA) = Prevention of workplace injuries and diseases Occupational Health and Safety Regulation (OHSR) = Detailed rules about the application of OHSA Workers' Compensation Act (WCA) = Compensation and rehabilitation of injured workers Workers Compensation Act (WCA, BC) = Basic OHS framework and statutory authority for OHSR Signup and view all the answers

Match the authors of the textbook to their names:

Kelly Williams-Whitt = Author Adam Letourneau = Author TJ Schmaltz = Author Ryan Anderson = Author Signup and view all the answers

Match the key issue to its focus in OHS legislation:

Preventing accidents and injuries = Focus on safety measures in the workplace Enforcement of OHS procedures and standards = Ensure compliance with health regulations Compensating employees injured at work = Provide financial support for injuries Workplace inspections = Monitoring and evaluating workplace safety Signup and view all the answers

Match the term to its definition related to OHS:

Due diligence = Proof that all reasonable steps were taken to prevent harm Statutory authority = Legal power granted to enforce legislation Accident investigation = Process of examining the cause of workplace incidents Safety training = Education provided to ensure employee safety knowledge Signup and view all the answers

Match the components of an effective workplace safety program:

Risk assessment = Identifying potential hazards in the workplace Emergency procedures = Plan of action in case of incidents Employee training = Educating staff on safety protocols Regular audits = Systematic reviews of safety practices Signup and view all the answers

Match the province to its specific OHS legislation:

Alberta = Occupational Health and Safety Act (OHSA) British Columbia = Workers Compensation Act (WCA) Ontario = Occupational Health and Safety Act (OHSA) Saskatchewan = Occupational Health and Safety Regulations (OHSR) Signup and view all the answers

Match the following key responsibilities of employers:

Ensure safety training is provided = Training employees on safety protocols Establish safety standards = Develop guidelines for workplace safety Report workplace incidents = Notify authorities of accidents promptly Provide safety equipment = Ensure availability of necessary protective gear Signup and view all the answers

Match the following consequences of workplace injuries:

Compensation = Financial reimbursement for medical costs Rehabilitation = Support to recover from injury Insurance claims = Filing for financial aid through insurance Legal action = Possible lawsuits resulting from negligence Signup and view all the answers

Match the following supervisors' duties with their respective regions:

Alberta = Ensure workers are aware of their rights and responsibilities British Columbia = Cooperate with WCB officers Signup and view all the answers

Match the following parties with their responsibilities under workplace safety legislation:

Prime Contractors = Ensure coordination of all parties at the workplace Owners = Provide and maintain safe premises for workers Suppliers = Provide safe tools and equipment Officers and Directors = Ensure compliance with Act/Regulations Signup and view all the answers

Match the following workers' rights with their descriptions:

Right to participate = Engage in the health and safety process Right to refuse unsafe work = Decline work that poses a danger Right to know = Be informed about workplace hazards Right to report = Notify about safety concerns Signup and view all the answers

Match the following elements of safety obligations with their corresponding parties:

Workers = Take reasonable care for their own safety Supervisors = Ensure workers are aware of health hazards Employers = Protect the health and safety of workers Joint Health and Safety Committees = Work collaboratively on safety matters Signup and view all the answers

Match the following actions to the correct duty of care under OHS regulations:

Alberta Supervisors = Compliance with employer's safety duties BC Supervisors = Work with JHSC Employers = Inform workers of their rights Suppliers = Ensure compliance with safety regulations Signup and view all the answers

Match the following compliance roles with their functions:

Prime Contractors = Coordinate compliance at the workplace Suppliers = Provide equipment in safe condition Workers = Cooperate in safety efforts Directors = Ensure compliance with relevant regulations Signup and view all the answers

Match the following rights of workers with their implications:

Right to participate = Involvement in safety processes Right to refuse unsafe work = Freedom to decline hazardous tasks Right to know = Awareness of risks in the workplace Right to protection = Safeguards against unsafe practices Signup and view all the answers

Match the following Alberta worker responsibilities with their descriptions:

Taking reasonable care = Protect health and safety of themselves Cooperation with employer = Assist in ensuring workplace safety Awareness of rights = Understand their health and safety obligations Reporting unsafe conditions = Notify about safety breaches Signup and view all the answers

Match the following WHMIS employer responsibilities with their descriptions:

Prepare and maintain an inventory of hazardous materials = List all hazardous materials in the workplace Label hazardous materials = Provide clear identification of hazardous substances Prepare and maintain product Safety Data Sheets (SDSs) = Ensure safety sheets are accessible to workers Provide training to workers = Educate workers on handling hazardous materials Signup and view all the answers

Match the types of workplace violence with their definitions:

Threatened conduct = Intent to cause physical injury Attempted conduct = Effort made to inflict harm Actual conduct = Physical act resulting in injury Bullying = Repeated unwanted behavior causing distress Signup and view all the answers

Match the components necessary for addressing workplace violence:

Risk assessment = Identify potential violence threats Written policy = Outline procedures for reporting incidents Instructing workers = Training employees on violence recognition Developing responses = Establish appropriate course of action Signup and view all the answers

Match the definitions of harassment and its implications:

Harassment = Unwanted behavior that offends or humiliates BC expanded scope = Includes bullying in workplace violence definition Training for employees = Workshops to address bullying and harassment Hazard assessments = Evaluate risks of harassment in the workplace Signup and view all the answers

Match the components of the Alberta OHS Code and BC OHSR:

Detailed standards = Applicable to all employers Industry-specific standards = Regulations tailored for specific fields Occupational standards = Guidelines based on job roles Trade regulations = Rules governing specific trades Signup and view all the answers

Match the types of training required for workplace safety:

Hazard recognition training = Identify workplace hazards Emergency response training = Prepare for unexpected incidents Incident reporting training = Steps for documenting incidents Equipment handling training = Safe use of machinery and tools Signup and view all the answers

Match the aspects of violence prevention measures for employers:

Conducting assessments = Evaluate vulnerability to workplace violence Creating intervention policies = Procedures for responding to violence Employee education = Training the workforce on violence issues Documentation practices = Keeping records of incidents and responses Signup and view all the answers

Match the following concepts related to workplace bullying:

BC's definition = Includes bullying under violence Harassment assessments = Evaluating risks of unwanted behavior Workshop requirement = Mandatory training sessions for employees Control measures = Steps to eliminate or reduce harassment Signup and view all the answers

Match the following types of penalties with their respective characteristics:

Administrative Penalty = Penalties for individuals or corporations Summary Conviction = Less serious offence, fines under $100,000 Indictable Offence = More serious offence, no maximum fine BC Fines = Adjust annually for inflation since Jan. 2020 Signup and view all the answers

Match the following provinces with their maximum fines for first convictions:

BC = $724,644.41 + $36,232.25/day AB = $500,000 + $30,000/day BC Subsequent Conviction = $1,449,288.80 + $72,434.44/day AB Subsequent Conviction = $1,000,000 + $60,000/day Signup and view all the answers

Match the following components of a pandemic plan with their descriptions:

Credible Information = Providing up-to-date information Minimizing Interactions = Implementing social distancing Higher Standards of Cleanliness = Enhancing cleanliness practices Extra Stocks of Supplies = Maintaining critical supply readiness Signup and view all the answers

Match the following actions to their relevance in criminal liability for organizations:

Prevent Bodily Harm = Obligation to take reasonable steps Liability for Actions of Employees = Organization responsible for combined effects Liability of Senior Officers = Organization accountable for actions taken Potential Life Imprisonment = Consequence of an indictable offence Signup and view all the answers

Match the following OHS requirements to their context:

Pandemic Preparedness = Not currently a requirement Screening Customers = Necessary pandemic safety measure Working from Home = Minimizing interactions during a pandemic Physical Workspace Alteration = Adaptations for safety during pandemics Signup and view all the answers

Match the following penalties to their associated types based on conviction:

First Conviction in BC = $724,644.41 + $36,232.25/day First Conviction in AB = $500,000 + $30,000/day Subsequent Conviction in BC = $1,449,288.80 + $72,434.44/day Subsequent Conviction in AB = $1,000,000 + $60,000/day Signup and view all the answers

Match the following elements with their roles in a pandemic plan:

Personal Protective Equipment = Necessary safety equipment Changes to Absence Management = Policy adjustments during a pandemic Social Distancing = Reducing contact between individuals Critical Supply Stocks = Ensuring necessary items are available Signup and view all the answers

Match the following concepts with their definitions:

Administrative Penalty = Applies to persons under specific laws Criminal Code Liability = Failure to prevent bodily harm Summary Conviction Offences = Fines typically below $100,000 Indictable Offences = More serious violations without a maximum fine Signup and view all the answers

Study Notes

Employer Duties

Employers have a duty to ensure the health and safety of workers.
Employers are responsible for providing training and supervision to workers.
Employers are responsible for posting copies of workplace legislation.
Employers must establish OHS policies and programs.
Employers must provide and maintain protective equipment, devices, and clothing.
Employers must keep accurate records of workplace safety.
Employers must cooperate with OHS officers.
Employers must report all accidents and injuries that occur.
Employers must ensure that workers are not underage.

Worker Duties

Workers have a duty to work in compliance with workplace legislation.
Workers must use protective devices and clothing provided by their employer.
Workers must report any known workplace hazard.
Workers are prohibited from engaging in horseplay or conduct that may endanger themselves or others.
Workers must ensure that they are not impaired by alcohol, drugs, or other causes when working.
Workers must cooperate with JHSCs and OHS officers.

Accident Investigation Procedures

Accident investigations must occur soon after the injured worker has received medical attention.
A WCB report must be prepared and filed.
A statement must be obtained from the injured worker.
Photographs and samples should be collected from the site of the accident.
Witnesses should be interviewed.
The interviews should be witnessed by a third party.
Witness statements should be prepared and signed.
The site of the accident must not be tampered with.
A remedial action plan must be developed and implemented.
Counsel should be considered during OHS investigations.

Enforcement

Inspections can occur randomly or as a result of an incident.
Inspectors have broad powers, including the right to enter workplaces, conduct tests, request worker and employer identification, question individuals in the workplace, speak to workers privately, compel the production of documents, remove equipment for testing, and issue stop work orders.

Due Diligence Defense

OHS Offences are strict liability offenses, meaning that intent or negligence is not required for conviction.
Due diligence is a defense that can be used to show that every reasonable precaution was taken to prevent the occurrence of an OHS event.
A health and safety program that meets due diligence standards will likely include a designated senior manager responsible for compliance, a health and safety policy, safety orientations, regular safety inspections, monthly safety meetings, and employer support for the JHSC.

The Occupational Health and Safety Regulation (OHSR)

The OHSR is a detailed regime for the prevention of workplace injuries and diseases.
The OHSR requires management systems that emphasize the joint responsibility of all parties for occupational health and safety.

Preventing Accidents and Injuries at Work

The Internal Responsibility System requires employers to establish mechanisms to combat hazards and to facilitate the right to know and right to refuse unsafe work.
The Internal Responsibility System also requires the establishment of Joint Health and Safety Committees (JHSC).
External health and safety standards are established through legislation and enforcement mechanisms.

Shared Responsibility

Health and safety in the workplace is a shared responsibility, with each workplace party having a duty to ensure that the workplace is healthy and safe.
These parties include employers, workers, supervisors, prime contractors, owners, suppliers, corporate officers, and directors.
The focus of OHS legislation is on prevention.

Employer Duties (Cont'd)

Employers have a duty to take all reasonable precautions to protect the health and safety of all workers.
Employers have many specific responsibilities to ensure workplace safety.
All levels of management are accountable for the health and safety of workers as agents of the employer.

Occupational Health and Safety (OHS) Legislation

All provinces have legislation to prevent work-related accidents and illnesses and to compensate injured workers.
Key Issues:
- Preventing accidents and injuries at work
- Enforcing OHS procedures and standards
- Compensating injured workers

Alberta Legislation

Occupational Health and Safety Act (OHSA): Focuses on workplace injury and disease prevention.
Occupational Health and Safety Regulation (OHSR): Provides detailed rules on how to apply the OHSA.
Workers' Compensation Act (WCA): Deals with consequences of workplace injuries and illnesses.
- Provides compensation and rehabilitation for injured workers.

BC Legislation

Workers' Compensation Act (WCA):
- Deals with the consequences of workplace injuries and illnesses.
- Provides compensation and rehabilitation for injured workers.
- Part 3 outlines the basic OHS framework.
- Statutory authority for OHSR.
Occupational Health and Safety Regulation (OHSR):
- Provides a detailed regime for workplace injury and illness prevention.
- Requires management systems for occupational health and safety, with joint responsibility for all parties.

Preventing Accidents and Injuries at Work

Internal Responsibility System:
- Employers must establish mechanisms to combat hazards and facilitate the "right to know" and the "right to refuse" unsafe work.
- Joint health and safety committees (JHSC) are established.
External Health and Safety Standards (Legislation):
- Minimum health and safety standards are established with mechanisms for enforcement.

Shared Responsibility

OHS is a shared responsibility requiring all parties to ensure a healthy and safe workplace. Parties include:
- Employers
- Workers
- Supervisors
- Prime contractors
- Owners
- Suppliers
- Corporate officers
- Directors
The focus is on prevention.

Employer Duties

Employers have a duty to take reasonable precautions to protect the health and safety of all workers at the workplace.
Specific responsibilities and accountability are required at all levels of management.

Supervisor Duties (Alberta)

No specific reference to supervisors in the OHSA, but they have obligations that include:
- Those of the employer (as its agent):
  - Ensuring, as reasonably practicable, the health and safety of workers.
  - Ensuring workers are aware of their rights and responsibilities.
- Those of the worker:
  - Taking reasonable care to protect the health and safety of themselves and other workers.
  - Cooperating with the employer in protecting health and safety at the worksite.

Supervisor Duties (BC)

Distinct duties for supervisors are established in the OHSR. These include:
- Ensuring the safety of the workers they supervise.
- Knowing and complying with WCA and OHSR rules relevant to the workplace.
- Ensuring workers are aware of health and safety hazards.
- Working with JHSC.
- Cooperating with WCB officers.

Duties of Others

Prime Contractors: Ensure all parties at the workplace comply with the WCA.
Owners: Ensure the worksite is safe and complies with WCA, OHSR, and other regulations and orders.
Suppliers: Provide tools and equipment in safe operating condition and ensure materials and equipment comply with WCA and regulations.
Officers and Directors: Take all reasonable measures to ensure compliance with the Act, regulations, and any orders.

Worker's Rights

Right to Participate: Participate in the health and safety process.
Right to Refuse: Refuse unsafe work.
Right to Know: Be informed about workplace hazards.

Right to Know: WHMIS

Workers have the right to know about potential workplace hazards.
WHMIS (Workplace Hazardous Materials Information System) applies to all industries and workplaces.
Employer WHMIS responsibilities:
- Prepare and maintain an inventory of hazardous materials.
- Label hazardous materials.
- Prepare and maintain Product Safety Data Sheets (SDSs).
- Provide training about hazardous materials.

Workplace Violence and Bullying

Violence: Threatened, attempted, or actual conduct that is likely to cause physical injury.
Employers must address incidents of violence and take steps to prevent it.
Harassment: Unwanted physical or verbal behavior that offends or humiliates.
BC: Expanded the scope of "violence" in 2013 to include bullying and harassment.
AB: Added harassment in 2018 as a workplace hazard with requirements for assessments, training, and control measures.

External Health and Safety Standards

Alberta's OHS Code and BC's OHSR: Extensive detailed standards applicable to all employers or specific industries, occupations, and trades.
Industry-Specific Standards and Regulations: Address a wide range of subjects.
Administrative Penalties:
- Penalties for individuals or corporations (both are "persons").
- BC:
  - Maximum for first conviction: $724,644.41 + $36,232.25/day (as of Jan. 2020).
  - Maximum for subsequent convictions: $1,449,288.80 + $72,434.44/day.
- AB:
  - First conviction: $500,000 + $30,000/day.
  - Subsequent convictions: $1,000,000 + $60,000/day.
- Fines are adjusted annually to reflect inflation.

Criminal Liability of Organizations

The Criminal Code makes it illegal to not take reasonable steps to prevent bodily harm arising from work.
Organizations are liable for the combined effects of several employees or the actions of senior officers, members, agents, and employees.
Summary Conviction: Less serious offence with fines under $100,000.
Indictable Offence: More serious offence with no maximum fine, and potential for life imprisonment.

Emergency Response: Planning for a Pandemic

OHS legislation does not currently require pandemic preparedness, but safety measures are required.
Pandemic plan components include:
- Provide credible, up-to-date information.
- Screening customers, suppliers, and the public.
- Minimize interactions through social distancing.
- Avoid unnecessary travel.
- Alter physical workspace.
- Provide personal protective equipment.
- Implement higher standards of cleanliness.
- Changes to absence management policies.
- Extra stocks of critical supplies.
- Working from home.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the essential duties of both employers and workers regarding occupational health and safety. It explores responsibilities related to training, safety equipment, record-keeping, and compliance with workplace legislation. Test your understanding of these important concepts!