Environmental Health Law - Unit 8

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