Health and Safety in Ontario: Worker Rights

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Questions and Answers

What percentage of Instagram users actively make buying decisions on the platform?

81% (correct)

71%

61%

91%

Which aspect of Instagram makes it unique for small businesses compared to other platforms?

User-friendly analytics

Automated responses

Visually oriented content and interactivity (correct)

Text-based posts

What is one of the most powerful strategies discussed for marketing on Instagram?

User-Generated Content (UGC) (correct)

Email marketing

Paid advertisements

Influencer collaborations

How can small businesses make their posts more engaging on Instagram?

By showcasing products through photos and videos Signup and view all the answers

What is a crucial benefit of maintaining an Instagram presence for small businesses?

Building brand recognition and customer trust Signup and view all the answers

What does the introduction suggest is the purpose of using Instagram for small businesses?

To build a community and generate revenue Signup and view all the answers

Which of the following describes an advantage of using Instagram as a marketing tool?

It encourages consistent user engagement Signup and view all the answers

What should small businesses focus on when optimizing their Instagram profile?

Pleasing aesthetics and clear communication Signup and view all the answers

What is the minimum number of jurors required for an inquest according to the specified regulations?

Five persons Signup and view all the answers

Which of the following locations is tobacco use prohibited under the Smoke-Free Ontario Act?

Condo common areas Signup and view all the answers

What does not necessarily apply to agreements or contracts?

They must be written. Signup and view all the answers

What obligation do employers have regarding the no-smoking policy under the Smoke-Free Ontario Act?

Remove ashtrays and smoking equipment Signup and view all the answers

In a lawsuit, who has the burden of proof?

The claimant or plaintiff Signup and view all the answers

What is the primary objective of OHS prosecutions?

To achieve a safe workplace Signup and view all the answers

According to the Canadian Human Rights Act, which of the following is a prohibited ground for discrimination?

Marital status Signup and view all the answers

What does the Canadian Human Rights Act say about retaliation against employees?

All forms of retaliation are prohibited Signup and view all the answers

What type of deterrence aims to send a message to the public?

General deterrence Signup and view all the answers

What do OHS prosecutions aim to improve regarding workplace culture?

Health and safety culture Signup and view all the answers

What is the standard of proof required in a lawsuit?

Preponderance of the evidence Signup and view all the answers

What distinguishes quasi-criminal law from criminal law?

It carries punishments similar to criminal law. Signup and view all the answers

In prosecutions, what is the primary outcome sought against offenders?

Fines or imprisonment Signup and view all the answers

What does Bill C-45 allow regarding prosecution for workplace incidents?

Workplace fatalities or serious injuries can be prosecuted under various laws simultaneously. Signup and view all the answers

Which section of the Criminal Code imposes a duty to prevent bodily harm on those directing work?

Section 217 Signup and view all the answers

What defines criminal negligence according to section 219 of the Criminal Code?

Reckless disregard for the lives or safety of others. Signup and view all the answers

What duty does Section 217.1 of the Criminal Code impose on individuals?

To take reasonable steps to prevent bodily harm. Signup and view all the answers

What was the fine imposed on Millennium Crane Rental for violating the Ontario Occupational Health and Safety Act?

$70,000 Signup and view all the answers

Which sections of the Criminal Code specifically impose duties on organizations to prevent bodily harm?

Sections 22.1 and 22.2. Signup and view all the answers

What constitutes a summary conviction offence under the Canada Labour Code?

Punishable by a maximum of a six-month prison sentence and/or a $5,000 fine. Signup and view all the answers

What incident led to charges of criminal negligence against Metron Construction?

A swing stage scaffolding collapse resulting in fatalities. Signup and view all the answers

Which statement is NOT true regarding the prosecution of workplace fatalities in Canada?

Prosecution is solely dependent on the provincial OHS Act. Signup and view all the answers

What is one requirement for initiating a proceeding for an offence under the Canada Labour Code?

The Minister's consent. Signup and view all the answers

Who can be charged with criminal negligence under Bill C-45?

Any individual involved in the organization. Signup and view all the answers

What type of injuries does section 220 of the Criminal Code address?

Serious injuries caused by negligence. Signup and view all the answers

What was the outcome of Metron Construction's appeal regarding their fine?

The fine was tripled to $750,000. Signup and view all the answers

Which option describes the penalty for an indictable offence under the Canada Labour Code?

Higher fines and/or longer prison sentences. Signup and view all the answers

What is established by the duty of care imposed on organizations under Bill C-45?

Organizations are liable if a senior officer departs from the standard of care. Signup and view all the answers

What is the maximum time frame for initiating a proceeding for offences under the Code?

Two years. Signup and view all the answers

In what way does a functional OHS management system contribute to a company's success in legal defenses?

It increases the likelihood of successful reliance on due diligence defense. Signup and view all the answers

What does the Employment Standards Act (ESA) primarily establish?

Minimum standards for various employment conditions. Signup and view all the answers

Which of the following groups is explicitly NOT covered by the Employment Standards Act?

Federally regulated employees. Signup and view all the answers

How does the Ontario Human Rights Code complement the Occupational Health and Safety Act?

By ensuring equal rights and opportunities in the workplace. Signup and view all the answers

What is a significant function of the Coroners Act in relation to workplace health and safety?

It investigates workplace fatalities and makes recommendations. Signup and view all the answers

Which of the following statements is true regarding subsidiary legislation's impact on OHS?

It includes federal and provincial laws that affect OHS management. Signup and view all the answers

Which of the following is NOT a key area covered by the Employment Standards Act?

Occupational safety training. Signup and view all the answers

What aspect of OHS is influenced by collective agreements and human resource functions?

The overall effectiveness of OHS management systems. Signup and view all the answers

Study Notes

Canadian health and safety laws cover worker's rights to participate in workplace health and safety
In larger workplaces, this right often means serving on a health and safety committee
Committees help improve safety practices and act as a check on employer responsibilities
Smaller workplaces may have a single worker representative oversee safety
Different Canadian regions may vary in committee roles and responsibilities

The Health and Safety Representative in Ontario

Ontario's Occupational Health and Safety Act (OHSA) defines the worker health and safety representative (rep) role for 5-19 employee workplaces
The rep is selected by workers (or a union), ensuring independence from the employer
Monthly inspections of the workplace for hazards are the rep's core duty
The rep can inspect the entire workspace yearly
Reps can make recommendations, with a 21-day response required by the employer (either a solution or explanation of disagreements)
Representatives have access to safety information, standards, and testing results
Reps can inspect accident sites following injuries/fatalities
All rep duties are considered paid time

The Joint Health and Safety Committee in Ontario

A joint health and safety committee (JHSC) is needed in larger workplaces (20 or more regularly employed workers)
The JHSC includes worker and management representatives, with at least 50% of members being non-managerial
Section 9(12) mandates that at least one worker and one manager complete health and safety training with certification for hazard recognition and specific workplace hazards.
The JHSC is responsible for hazard identification, written recommendations, and requesting information from the employer.
The employer has 21 days to respond

Legal Requirements for Representatives and Committees in Ontario

Legal requirements for JHSCs and H&S representatives depend on the number of employees
There is no legal requirement for a JHSC or H&S representative unless specifically ordered by the Ministry of Labour
A JHSC is mandatory if the workplace contains a designated substance
A designated worker as the health and safety representative is required for workplaces with 6–19 employees
A JHSC with at least two members(one from management, one non-managerial) and appropriate training is required for 20–49 employees
Larger workplaces with 50 or more employees must have a JHSC

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Description

This quiz explores the rights of workers regarding health and safety in Ontario, as outlined by the Occupational Health and Safety Act. It covers the roles of health and safety representatives and the importance of workplace inspections. Test your knowledge about workplace safety protocols and responsibilities.