Environmental Health Law - Unit 8
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Under what condition can a worker refuse to work?

  • If they believe equipment may endanger themselves or others. (correct)
  • If they are feeling unwell.
  • If the work is overly demanding physically.
  • If they are unable to meet a deadline.

    • What constitutes workplace violence?

  • Miscommunication during team meetings.
  • Disagreements over work responsibilities.
  • Physical force that leads to potential injury. (correct)
  • Verbal confrontations between workers.

    • What should a worker do upon refusing unsafe work?

  • Leave the workplace immediately.
  • Discuss the issue with a coworker.
  • Try to find a safer way to perform the task.
  • Report the refusal to their employer or supervisor. (correct)

    • Which of the following is NOT a definition of workplace violence?

    <p>A financial argument or dispute over pay.</p> Signup and view all the answers

    Who must be present during the investigation of a reported refusal to work?

    <p>A committee member or worker representative.</p> Signup and view all the answers

    What is a possible reason a worker might refuse to work regarding the workplace condition?

    <p>They suspect that there might be a hazard causing physical danger.</p> Signup and view all the answers

    Which situation would NOT justify a refusal to work?

    <p>The worker feels bored with the task.</p> Signup and view all the answers

    In a situation where a refusal to work is reported, who may represent the workers during the investigation?

    <p>A health and safety representative, if available.</p> Signup and view all the answers

    What is the primary responsibility of the employer in relation to reprisals?

    <p>To avoid any actions that could be seen as reprisals</p> Signup and view all the answers

    What type of document is a referral under subsection (2.1)?

    <p>Not an order or decision for the purposes of certain legal sections</p> Signup and view all the answers

    Who bears the onus of proof in an inquiry regarding a complaint under subsection (2)?

    <p>The employer or the person acting on their behalf</p> Signup and view all the answers

    Under which circumstance does the Board have jurisdiction for a complaint from a public servant?

    <p>When the complaint pertains to subsection (2) or (2.1)</p> Signup and view all the answers

    Which section of the Labour Relations Act, 1995 is referenced concerning the inquiry process?

    <p>Section 110</p> Signup and view all the answers

    What authority does the chair of the Board have regarding proceedings for complaints?

    <p>To create rules that expedite proceedings</p> Signup and view all the answers

    What modification applies to the sections of the Labour Relations Act, 1995 during inquiries?

    <p>Sections are modified as necessary</p> Signup and view all the answers

    What is the function of subsections 110 (20), (21), and (22) of the Labour Relations Act, 1995 in this context?

    <p>They are applied to rules made under expedited proceedings</p> Signup and view all the answers

    What is the minimum number of members required for a Joint Health and Safety Committee (JHSC) at a workplace with 20 to 49 workers?

    <p>At least 2 members</p> Signup and view all the answers

    Who resolves disputes regarding compliance with OHS regulations between a constructor and an employer?

    <p>The Minister after consultation</p> Signup and view all the answers

    When is a worker trades committee required at a construction project?

    <p>If 50 or more workers are regularly employed</p> Signup and view all the answers

    What is the composition requirement of a worker trades committee?

    <p>Representatives from each trade employed at the workplace</p> Signup and view all the answers

    For a workplace with 1 to 5 workers, when is a Joint Health and Safety Committee (JHSC) required?

    <p>Only if a designated substances order applies</p> Signup and view all the answers

    What is the role of a worker trades committee at a workplace?

    <p>To inform about health and safety worker concerns</p> Signup and view all the answers

    Which option describes the requirement for health and safety representatives in a company with 6 to 19 workers?

    <p>At least one health and safety representative must be designated</p> Signup and view all the answers

    Who selects the members of a worker trades committee?

    <p>Workers employed in the trades or their trade union selects them</p> Signup and view all the answers

    Which of the following is a purpose of WHMIS?

    <p>To ensure consistency of hazard information systems across Canada</p> Signup and view all the answers

    What are the elements of WHMIS known as?

    <p>The WHMIS Triad</p> Signup and view all the answers

    Which aspect does WHMIS align with GHS to ensure consistency?

    <p>Hazard classes</p> Signup and view all the answers

    What is a common critique of the existing Right to Know provisions in workplace safety?

    <p>They lack specificity and clarity in information delivery</p> Signup and view all the answers

    Who is responsible for advising a worker of potential dangers according to section 27(2)?

    <p>The supervisor</p> Signup and view all the answers

    Which governments hold jurisdiction over different aspects of the WHMIS framework?

    <p>Both federal and provincial governments</p> Signup and view all the answers

    What kind of information does WHMIS prioritize providing to workers?

    <p>Specific guidance related to hazards</p> Signup and view all the answers

    Which aspect is NOT included as part of WHMIS?

    <p>Workplace assessments</p> Signup and view all the answers

    What federal act requires suppliers of hazardous materials to provide labels and Safety Data Sheets (SDSs) to each buyer?

    <p>Hazardous Products Act</p> Signup and view all the answers

    Which legislation regulates the jurisdiction over national trade and commerce in Canada?

    <p>Canadian Constitution</p> Signup and view all the answers

    Which act allows suppliers to claim non-disclosure of trade secrets on SDSs?

    <p>Hazardous Materials Information Review Act</p> Signup and view all the answers

    The federal government can regulate which of the following?

    <p>Labelling of products sold nationally</p> Signup and view all the answers

    Which piece of federal legislation applies specifically to federal workplaces such as airlines and railways?

    <p>Canada Labour Code</p> Signup and view all the answers

    Which section of the Occupational Health and Safety Act was repealed in 2001?

    <p>Section 36</p> Signup and view all the answers

    What does the Hazardous Products Regulation (HPR) dictate?

    <p>How hazardous materials are categorized</p> Signup and view all the answers

    What is the primary purpose of WHMIS?

    <p>To ensure workplace safety concerning hazardous materials</p> Signup and view all the answers

    What is the main requirement regarding the disclosure of information obtained under subsection 40.1 (2)?

    <p>It shall not be disclosed except for necessary purposes.</p> Signup and view all the answers

    Which of the following is NOT a duty of a person who distributes or supplies a hazardous material according to subsection 41 (1)?

    <p>Provide personal protective equipment to workers.</p> Signup and view all the answers

    What must employers provide according to subsection 42 (1) for workers exposed to hazardous materials?

    <p>Instruction and training on hazardous exposure.</p> Signup and view all the answers

    Who should develop and implement the training and instruction for workers as per subsection 42 (2)?

    <p>The employer in consultation with a health and safety representative.</p> Signup and view all the answers

    How often is an employer required to review the training and instruction provided to a worker?

    <p>At least annually.</p> Signup and view all the answers

    Which of the following is a key aspect of the instructions and training provided to workers?

    <p>Workers should participate in the training.</p> Signup and view all the answers

    According to subsection 40.1 (4), which takes precedence regarding the disclosure of information?

    <p>Requirements from the Hazardous Materials Information Review Act.</p> Signup and view all the answers

    What does subsection 41 (1) require from manufacturers concerning hazardous physical agents?

    <p>They must provide readily available information regarding proper use.</p> Signup and view all the answers

    Study Notes

    Environmental Health Law - Unit 8

    • This unit covers the three workers' rights: the right to participate, the right to refuse unsafe work, and the right to know.
    • The information is presented from slides by Dr. Peter Strahlendorf.

    Unit 8 - Contents

    • Right to Participate:
      • Includes information about Ontario representatives and JHSCs (Joint Health and Safety Committees).
      • Also includes the Worker Trades Committee.

    Number of Workers and Legislative Requirements

    • 1 to 5 workers: No JHSC or health and safety representative required unless a designated substance regulation applies.
    • 6 to 19 workers: One health and safety representative required, selected by workers. If a designated substance regulation applies, a JHSC is required
    • 20 to 49 workers: A JHSC is required with at least two members.
    • 50+ workers: A JHSC is required with at least four members.

    Right to Participate

    • Covers the introduction, Ontario representatives, Ontario JHSCs, and the Worker Trades Committee.

    Ontario Worker Health and safety Representative

    • Clarifies that the worker H&S rep in section 8 is not the same as the worker reps on the JHSC (covered in section 9).
    • Includes details on the number of workers, selection process, and functions of the representative at projects where the workers (over five) select a health & safety representative which does not include managerial functions.
    • If no representative is required or no committee is required under section 9, the Minister of Labour can require an employer to select one or more health and safety representatives from among workers that do not exercise managerial functions. This may include specifying required qualifications for representatives.
    • The Minister can also provide direction concerning the carrying out of the functions of a health and safety representative.
    • The selection of the rep will be made by workers who do not exercise managerial functions, or by worker trade unions representing those workers.

    Ontario Worker Health and Safety Representative (cont.)

    • The Minister can provide additional directions on fulfilling the functions of the representative.
    • Responsibilities and training requirements are provided.

    The inspector shall inspect:

    • physical conditions of workplaces at least once a month (unless otherwise specified by regulation or inspector order)
    • or once a year if monthly inspection isn't practical, inspecting at least part of the workplace each month.
    • the schedule of inspections must be agreed on by constructor/employer and the health and safety representative
    • provide the representative with the information and assistance the representative may require for the purposes of inspecting the workplace.
    • identify situations that could pose dangers or hazards to workers and make recommendations and/or report his or her findings to employer, employees, and any applicable trade unions.
    • obtain workplace information from the constructor or employer concerning tests of workplace equipment, machine, devices and materials.
    • have the authority to be present at the beginning of tests.
    • obtain information from the constructor or employer concerning identification of potential or existing hazards

    Response to Recommendations

    • A constructor or employer receiving written recommendations from a health and safety representative must respond in writing within 21 days. The response should include a timetable for implementing approved recommendations and explain any disagreements with rejected recommendations.

    Accidents

    • In cases of worker fatalities or critical injuries at a workplace, the health and safety representative has the ability to inspect the accident scene and report findings to a director.

    Entitlement to Time from Work

    • A health and safety representative is entitled to work-time off required to attend committee meetings.
    • The employer must pay the representative during this time at their regular or premium rate as appropriate.

    Joint Health and Safety Committee (JHSC)

    • Definition and legislative requirements regarding number of members or absence of such requirement.
    • The committee is required at a workplace with twenty or more regularly employed workers, or if an order to the employer is in effect under section 33, or respecting designated substance regulations.

    Minister's Order

    • Despite any exceptions based on the number of workers, the Minister may require a constructor or employer to establish and maintain a JHSC or multiple JHSCs. The Minister has the authority to specify composition, practices, and procedures.

    Committee Composition

    • A workplace with fewer than 50 workers needs at least two JHSC members.
    • A workplace with 50 or more workers needs at least four JHSC members.
    • At least half of the committee members should not exercise managerial functions.
    • Workers are to select the worker members who represent them, and if there is a trade union, the trade union will select members
    • The constructor or employer selects the remaining members.

    Certification Requirement

    • Workers on the committee must be certified members.
    • The Chief Prevention Officer certifies committee members who meet the required training requirements.

    WHMIS

    • Key element is the right to know. WHMIS includes the concepts of:
      • Labels
      • Safety Data Sheets
      • Worker Instruction
    • The flow of information in WHMIS
      • Supplier (provides labels, SDSs)
      • Employer (provides info, instruction, training, JHSC consult)
      • Informed worker (uses products as trained)

    WHMIS 2015

    • Canada's WHMIS is aligned with Globally Harmonized System of Classification and Labeling of Chemicals (GHS).
    • WHMIS 2015 implements GHS (does not replace WHMIS).
    • WHMIS 2015 includes Classification rules; Hazard Pictograms; Supplier label requirements; and Format of safety data sheets.

    WHMIS Purpose

    • Fulfill Right to Know
    • Enhance Internal Responsibility System (IRS)
    • Ensure consistency of hazard information across Canada
    • Maintain consistency with international standards

    Additional WHMIS Information

    • Federal WHMIS legislation (Hazardous Products Act and Regulation; Hazardous Materials Information Review Act; Canada Labour Code).
    • Ontario Laws (OHSA): amended to codify WHMIS duties.
    • WHMIS Classification includes
      • Physical hazards and health hazards
      • Defined Hazard Categories/Types

    Right to Refuse Unsafe Work

    • Overview of the right to refuse work, procedure to follow, investigation stages, and objective vs subjective belief when refusing the task.
    • Non-application to certain worker types
      • inherent conditions of the job;
      • if refusing the job would endanger someone elses life, health or safety.
    • Report of refusal to work; Worker to remain in safe place and available; Refusal to work after investigation, Duty to advise; Entitlement to be paid

    Employer's Duty to Avoid Reprisals

    • employer cannot reprimand, dismiss or threaten actions against a worker who acts in compliance with the law.
    • Arbitration; referral by inspector.

    Offices of the Worker and Employer Advisers

    • Definitions of who is covered by the office; the functions of the office

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    Environmental Health Law ENH 121 Unit 8 OHS 2 2024 PDF

    Description

    Explore the essential workers' rights related to participation, refusal of unsafe work, and access to information in Unit 8 of Environmental Health Law. This quiz provides insights into legislative requirements based on the number of workers and roles of safety committees, presented in a clear format. Test your knowledge on the rights of workers in Ontario's health and safety framework.

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