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?

    <p>By showcasing products through photos and videos (A)</p> Signup and view all the answers

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

    <p>Building brand recognition and customer trust (C)</p> Signup and view all the answers

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

    <p>To build a community and generate revenue (B)</p> Signup and view all the answers

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

    <p>It encourages consistent user engagement (C)</p> Signup and view all the answers

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

    <p>Pleasing aesthetics and clear communication (B)</p> Signup and view all the answers

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

    <p>Five persons (B)</p> Signup and view all the answers

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

    <p>Condo common areas (C)</p> Signup and view all the answers

    What does not necessarily apply to agreements or contracts?

    <p>They must be written. (A)</p> Signup and view all the answers

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

    <p>Remove ashtrays and smoking equipment (B)</p> Signup and view all the answers

    In a lawsuit, who has the burden of proof?

    <p>The claimant or plaintiff (D)</p> Signup and view all the answers

    What is the primary objective of OHS prosecutions?

    <p>To achieve a safe workplace (D)</p> Signup and view all the answers

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

    <p>Marital status (B)</p> Signup and view all the answers

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

    <p>All forms of retaliation are prohibited (A)</p> Signup and view all the answers

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

    <p>General deterrence (A)</p> Signup and view all the answers

    What do OHS prosecutions aim to improve regarding workplace culture?

    <p>Health and safety culture (D)</p> Signup and view all the answers

    What is the standard of proof required in a lawsuit?

    <p>Preponderance of the evidence (D)</p> Signup and view all the answers

    What distinguishes quasi-criminal law from criminal law?

    <p>It carries punishments similar to criminal law. (D)</p> Signup and view all the answers

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

    <p>Fines or imprisonment (A)</p> Signup and view all the answers

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

    <p>Workplace fatalities or serious injuries can be prosecuted under various laws simultaneously. (B)</p> Signup and view all the answers

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

    <p>Section 217 (A)</p> Signup and view all the answers

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

    <p>Reckless disregard for the lives or safety of others. (A)</p> Signup and view all the answers

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

    <p>To take reasonable steps to prevent bodily harm. (C)</p> Signup and view all the answers

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

    <p>$70,000 (D)</p> Signup and view all the answers

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

    <p>Sections 22.1 and 22.2. (B)</p> Signup and view all the answers

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

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

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

    <p>A swing stage scaffolding collapse resulting in fatalities. (C)</p> Signup and view all the answers

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

    <p>Prosecution is solely dependent on the provincial OHS Act. (A)</p> Signup and view all the answers

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

    <p>The Minister's consent. (C)</p> Signup and view all the answers

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

    <p>Any individual involved in the organization. (B)</p> Signup and view all the answers

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

    <p>Serious injuries caused by negligence. (B)</p> Signup and view all the answers

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

    <p>The fine was tripled to $750,000. (C)</p> Signup and view all the answers

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

    <p>Higher fines and/or longer prison sentences. (C)</p> Signup and view all the answers

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

    <p>Organizations are liable if a senior officer departs from the standard of care. (C)</p> Signup and view all the answers

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

    <p>Two years. (B)</p> Signup and view all the answers

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

    <p>It increases the likelihood of successful reliance on due diligence defense. (B)</p> Signup and view all the answers

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

    <p>Minimum standards for various employment conditions. (A)</p> Signup and view all the answers

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

    <p>Federally regulated employees. (D)</p> Signup and view all the answers

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

    <p>By ensuring equal rights and opportunities in the workplace. (D)</p> Signup and view all the answers

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

    <p>It investigates workplace fatalities and makes recommendations. (D)</p> Signup and view all the answers

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

    <p>It includes federal and provincial laws that affect OHS management. (B)</p> Signup and view all the answers

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

    <p>Occupational safety training. (A)</p> Signup and view all the answers

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

    <p>The overall effectiveness of OHS management systems. (C)</p> Signup and view all the answers

    Flashcards

    Instagram's value for small businesses

    Instagram helps small businesses increase awareness, build a community, and generate revenue due to its large user base (over 1 billion active users).

    Instagram's visual nature

    Instagram is a visually-focused platform that uses images and videos to engage users and promote products, making it a suitable platform to sell products.

    Instagram's interactivity

    Instagram allows for unique interactions between businesses and customers, unlike other platforms, providing opportunities for sales.

    User engagement on Instagram

    81% of Instagram users actively consider making purchases on the platform.

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    Practical Instagram tips for small businesses

    Strategic use of posting compelling imagery and videos to attract customers on Instagram is key. This strategy drives sales.

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    User-Generated Content (UGC)

    User-generated content on Instagram refers to content created by Instagram users and featuring products or brands, which enhances brand trust and visibility.

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    Profile optimization on Instagram

    Optimizing profiles for product visibility and increased traffic, which drives higher engagement and potential sales.

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    Small business success on Instagram

    Instagram's visual appeal, active user base, user generated content, and profile optimization strategies can help small businesses build their brand, foster customer trust, and ultimately, drive sales.

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    Lawsuit vs. Prosecution

    Lawsuits are civil actions between private parties, while prosecutions are criminal actions brought by the government against an individual.

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    OHS Prosecutions

    Prosecutions under provincial Occupational Health and Safety (OHS) laws, used as a last resort when inspections, orders, and directions fail to improve workplace safety.

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    Burden of Proof (Lawsuit)

    In a lawsuit, the claimant must provide evidence to support their case, with a 51% standard of proof.

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    Burden of Proof (Prosecution)

    In a prosecution, the government or prosecutor must prove the defendant's guilt beyond a reasonable doubt.

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    Specific Deterrence

    Punishing an offender to prevent future violations by them.

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    General Deterrence

    Punishing an offender to send a message to the public to deter similar behaviour in others.

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    Quasi-Criminal Offense

    An offense with punishments similar to criminal law but that's regulatory in nature.

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    Due Process

    The legal requirement that the government must respect all legal rights that are owed to a person.

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    Bill C-45 Duty

    Bill C-45 added sections to the Criminal Code imposing duties on individuals and organizations to prevent bodily harm in the workplace.

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    Individual Duty (Bill C-45)

    Individuals directing work and tasks are responsible for taking steps to prevent harm to employees.

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    Corporate Duty (Bill C-45)

    Organizations have duties to prevent harm. Senior officers can be held criminally liable for negligence.

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    Summary Conviction

    A less serious offence under the Canada Labour Code with a maximum penalty of 6 months imprisonment and a $5,000 fine (tried without a jury).

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    Indictable Offence

    A more serious offence under the Canada Labour Code with potential for a higher fine and longer imprisonment (trial with jury optional).

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    Statute of Limitations

    A two-year time limit for starting a proceeding for offences under the Canada Labour Code.

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    Minister's Consent

    Government approval needed to initiate proceedings for violations under Canada Labour Code.

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    Corporate Liability

    Corporations face legal responsibility for violations, as do individuals who directed or authorized the violation.

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    Bill C-45 impact

    Bill C-45 amended the Criminal Code allowing for simultaneous prosecution under OHS Acts and the Criminal Code for workplace fatalities/serious injuries.

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    Criminal Negligence (def)

    Wanton or reckless disregard for the lives/safety of others.

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    Inquest Jury Size

    An inquest in Ontario requires a jury composed of five individuals.

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    OHS Act prosecution

    Workplace fatalities/serious injuries can be prosecuted under the OHS Act, Canada Labour Code, and Criminal Code (sections 217.1, 219, 220, 221).

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    Section 217.1 duty

    Those directing work are required to take reasonable steps to prevent bodily harm.

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    Coroner's Authority

    The coroner has the power to maintain order during an inquest and can request assistance from peace officers to enforce their directives.

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    Smoke-Free Ontario Act

    This Act prohibits tobacco use in various public spaces, including workplaces, schools, and common areas of condominiums.

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    Millennium Crane case outcome

    Fined $70,000 after OHS Act violation and criminal negligence case against owner and crane operator for worker fatality.

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    Employer's Responsibilities

    Employers must comply with the Smoke-Free Ontario Act, inform employees of no-smoking policies, post signage, remove ashtrays, and ensure violators are removed.

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    Metron Construction fine

    Initially fined $200,000 for criminal negligence, later tripled to $750,000 on appeal, involving worker deaths at construction site.

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    Transpave conviction

    Convicted of criminal negligence and fined $100,000 for the death of an employee.

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    Canadian Human Rights Act

    This Act prohibits discrimination based on various grounds, including race, religion, disability, and sexual orientation. It also emphasizes the duty to accommodate individuals with disabilities.

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    Criminal code sections

    Sections 217.1, 219, 220, and 221 deal with workplace fatalities and serious injuries in Canada.

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    Subsidiary Legislation

    Laws that affect OHS but aren't directly about OHS. They can be federal or provincial and influence how OHS is managed.

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    Ontario's Employment Standards Act (ESA)

    This Act sets minimum standards for non-unionized workers in Ontario, covering things like minimum wage, holiday pay, and overtime.

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    How the ESA Affects OHS

    The ESA can help prevent hazards by setting limits on work hours to prevent fatigue. It also addresses equal pay and dismissal notice.

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    Ontario Human Rights Code

    This Code aims to protect human dignity and ensure equal rights and opportunities for everyone.

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    Coroners Act

    This Act investigates workplace fatalities and makes recommendations to improve safety.

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    OHS and Other Laws

    OHS laws don't operate in isolation. Collective agreements, human resource practices, and other laws also influence OHS management.

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    Key Purpose of Subsidiary Legislation

    To ensure a safe and fair workplace environment by setting standards and providing protections for workers.

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    Importance of Understanding Subsidiary Legislation

    It's vital to understand these laws as they impact OHS directly. Businesses need to be compliant and ensure worker safety.

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    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 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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    COHS 208 Exam 7-12 PDF

    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.

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