Occupational Health and Safety Management

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Questions and Answers

Under what circumstances can a worker refuse to work?

  • When there are salary disputes with the employer.
  • If the worker believes their health may be at risk due to equipment or workplace conditions. (correct)
  • If they disagree with the management's decisions.
  • When they feel unmotivated at work.

What is the first step a worker must take if they refuse to work?

  • Leave the workplace immediately.
  • Call a union representative right away.
  • Report the refusal and circumstances to their employer or supervisor. (correct)
  • Document the refusal and wait for further instructions.

Who is required to be present during the investigation of a work refusal?

  • One of the worker's family members.
  • A committee member representing workers, a health and safety representative, or a knowledgeable worker selected by the union or coworkers. (correct)
  • Only the worker and their supervisor.
  • Any available co-worker from the department.

What type of hazards can lead to a worker refusing to perform a task?

<p>Workplace violence, equipment issues, or unsafe conditions. (C)</p> Signup and view all the answers

What does the legislation state about equipment or workplace conditions that violate safety regulations?

<p>Workers can refuse to work if these violations are likely to endanger themselves or others. (C)</p> Signup and view all the answers

Which of the following best defines workplace harassment?

<p>Repeated instances of negative comments or behaviors known to be unwelcome. (A)</p> Signup and view all the answers

What is a significant characteristic of workplace violence?

<p>Engaging in behaviors that could be interpreted as threats of physical force. (C)</p> Signup and view all the answers

What is required for an individual to be considered a worker under specified regulations?

<p>They can perform services for monetary compensation. (D)</p> Signup and view all the answers

Which scenario qualifies as workplace sexual harassment?

<p>A coworker making suggestive comments frequently despite being told to stop. (B)</p> Signup and view all the answers

What should a worker do if they identify a hazard in their workplace?

<p>Report it immediately to a supervisor or designated authority. (A)</p> Signup and view all the answers

Who has specific duties to ensure workplace safety according to established regulations?

<p>All roles including constructors, employers, and supervisors. (D)</p> Signup and view all the answers

Which action is an example of a worker's right in the workplace?

<p>Refusing work that they believe poses a danger to their health or safety. (A)</p> Signup and view all the answers

What is the duty of a director or officer in terms of workplace safety?

<p>To have knowledge of workplace safety and ensure compliance. (A)</p> Signup and view all the answers

Under what conditions can a worker refuse to work?

<p>If they believe that their workplace continues to be likely to endanger themselves or others. (D)</p> Signup and view all the answers

What must happen if a worker refuses to use equipment due to safety concerns?

<p>An inspector must be notified about the refusal. (D)</p> Signup and view all the answers

What is the employer's responsibility following a worker's refusal to work?

<p>To investigate the refusal and ensure safety before assigning work. (C)</p> Signup and view all the answers

What does 'The Right to Know' imply for workers?

<p>Workers have the right to know about safety hazards, including toxic chemicals. (C)</p> Signup and view all the answers

What is the consequence if the employer cannot prove they acted appropriately following a complaint?

<p>The employer may face legal repercussions or penalties. (D)</p> Signup and view all the answers

When can no worker be assigned to use potentially dangerous equipment during an investigation?

<p>If they have not been informed of the refusal and reasons. (A)</p> Signup and view all the answers

What are reasonable grounds for a worker's refusal related to workplace violence?

<p>Believing that the risk of violence is present in the workplace. (C)</p> Signup and view all the answers

What action is necessary when there is a contravention of safety regulations?

<p>The worker may refuse to work if they believe it poses a danger. (D)</p> Signup and view all the answers

Flashcards

Worker's Right to Refuse Work

A worker can refuse to do a task if they reasonably believe it endangers themselves or another worker.

Equipment Danger

Workers can refuse work if equipment, machines, or devices are unsafe.

Workplace Danger

Workers can refuse work if the workplace is unsafe.

Reporting Refusal

Workers must immediately report their work refusal to their supervisor.

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Investigation Process

The employer must investigate the refusal, ideally with worker, union/health & safety rep present.

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Reasonable Grounds for Refusal

A worker can refuse work if the equipment, workplace conditions, or activities violate the law and are likely to cause harm, or if workplace violence is likely to endanger them.

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Employer's Duty to Avoid Reprisals (Onus)

If a worker files a complaint for safety, the employer must prove they did not violate any worker safety laws or regulations.

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Worker Safety Investigation

A detailed examination of the circumstances causing a worker to refuse work.

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Duty to Inform Other Workers

Workers who have refused work should inform other workers of the refusal and reasons.

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WHMIS

Workers' right to information about potential hazards, particularly concerning chemicals.

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Worker's Right to Know

The worker's entitlement to information regarding workplace hazards, including toxic chemicals.

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Ongoing Danger

The continued existence of a hazard that threatens safety, necessitating continued refusal to work if possible.

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Who is a worker?

A person who performs work or supplies services for an employer, this can include paid and unpaid work under specific programs such as work experience or approved college programs.

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What is a workplace?

Any location where a worker performs their duties. This could be a physical space, a vehicle, or even a virtual environment.

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What is workplace harassment?

Repeated unwelcome behavior targeting a worker at their workplace, including verbal, nonverbal, or physical actions.

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What is workplace sexual harassment?

Harassment based on sex, sexual orientation, gender identity, or gender expression, that is unwelcome.

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What is workplace violence?

Physical violence, threats of physical force, or behavior interpreted as threats of physical force directed towards a worker in the workplace.

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What are the general duties in OHSA?

The Occupational Health and Safety Act outlines duties for different parties involved in the workplace, including employers, workers, supervisors, directors, and owners.

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What are some important considerations regarding OHSA duties?

Different jurisdictions have different laws, so definitions and interpretations can vary. It's crucial to understand the specific laws in your region.

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Why is it crucial to be careful about defining certain concepts across different jurisdictions?

The definition of a concept like "worker" or "workplace harassment" might vary between different regions. Using a definition from one jurisdiction in another could lead to errors or misunderstandings.

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Study Notes

Internal IRS

  • Employer
  • Directors
  • All employees
  • H&S Committee
  • H&S Rep
  • H&S Dept
  • Union

Direct Responsibility

  • Employer
  • Director
  • President
  • Manager
  • Supervisor
  • Worker

Contributive Responsibility

  • H&S Committee
  • H&S Rep
  • H&S Dept
  • Union

External IRS

  • Government
  • Inspectors/ Officers
  • Workers' Compensation
  • Safety Associations
  • Suppliers
  • Unions
  • Tribunals
  • Courts
  • Media

Correct Description of the IRS

  • An element of the OHS management system
  • Something you already have
  • Individualistic
  • Primarily about personal responsibility of each individual
  • Monitored and supported by the committee
  • Connected to due diligence (who must be duly diligent)
  • Ensures regulatory compliance if it works well

The IRS as Personal Duties

  • The IRS as Duties
  • Right to know
  • Right to refuse
  • Right to participate
  • Employer
  • Directors
  • Officers
  • Managers
  • Supervisors
  • Workers

Direct Causes of Losses

  • A few problems fixed by Senior Management
  • Some problems fixed by cooperation between supervisor and workers
  • Majority of problems fixed by individual workers

Root Causes of Losses

  • Some issues dealt with by Directors
  • Majority of issues dealt with by Officers
  • Some issues dealt with by Managers
  • Some issues dealt with by Supervisors
  • A few issues identified and reported by workers

Designated Substances

  • Acrylonitrile
  • Arsenic
  • Asbestos
  • Asbestos on Construction Projects and in Buildings and Repair Operations
  • Benzene
  • Coke Oven Emissions
  • Ethylene Oxide
  • Isocyanates
  • Lead
  • Mercury
  • Silica
  • Vinyl Chloride

Ontario OHSA Definitions

  • Board: The Ontario Labour Relations Board
  • Certified member: A committee member certified under section 7.6
  • Committee: A joint health & safety committee
  • Chief Prevention Officer: The CPO appointed under subsection 22.3
  • Competent person: A qualified person experienced in work and its performance, familiar with Act and regulations, and aware of potential or actual health or safety hazards in the workplace.
  • Construction: Includes activities like erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, installation of machinery or plant and any work.

Project

  • Construction of a building, bridge, structure, industrial establishment, mining plant, shaft, tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot etc
  • Moving of a building or structure
  • Work or undertaking or any lands used in connection with construction

Constructor

  • A person or entity who undertakes or contracts a project for an owner.
  • Includes an owner who undertakes all or part of a project by himself/herself, or by more than one employer

Deputy Minister of Labour:

  • The Deputy Minister of Labour

Designated Substance:

  • A biological, chemical, or physical agent or combination thereof
  • Prescribed as a designated substance whose exposure to a worker is prohibited, regulated, restricted, limited, or controlled.

Employer

  • A person who employs (has on staff) one or more workers or contracts for services of workers.
  • Includes contractors and subcontractors who perform work

Factory

  • Building or place that is not a mine or mining plant, nor a place where homework (work at home) is performed

Hazardous Material

  • A biological or chemical agent;
  • A chemical agent, named or described, in regulations as a hazardous material
  • Physical agent named or described in regulations as a hazardous physical agent

Health and Safety Representative

  • A representative selected under the Act for workers, to address health and safety issues

Homework

  • Work performed from home

Workplace

  • includes any land and buildings where workers work including outside
  • Includes the premises in which the work is performed and the premises used in connection with the work; and
  • Includes any premises where the work is to be undertaken or work is being performed, as well as any premises of the establishment where work is carried out

Workplace Harassment

  • Engaging in a course of vexatious comment or conduct against a worker
  • Because of sex, sexual orientation, gender identity, or gender expression
  • Where the comment or conduct is known or ought reasonably to be known to be unwelcome

Workplace Violence

  • Exercise of physical force against a worker
  • An attempt to exercise physical force against a worker
  • A statement or behavior reasonably interpreted as a threat of physical force against a worker

Occupational Illness

  • A result of workplace exposure to physical, chemical, or biological agents
  • Damages physiological mechanisms
  • Impaired health

Inspector

  • An inspector appointed under the Act
  • Includes a Director

Labour Relations Officer

  • An officer appointed under the Labour Relations Act

Licensee

  • A person holding a license under the Crown Forest Sustainability Act

Logging

  • Includes felling, trimming trees, measuring, storing, transporting or floating logs, maintaining haul roads; scarification.
  • Carrying out of planned burns, silviculture

Mine

  • Any work or undertaking for opening, proving, removing, or extracting any metallic or non-metallic mineral
  • Mineral-bearing substance, rock, earth, clay, sand, or gravel

Mining Plant

  • A roasting or smelting furnace, concentrator, mill, or place used for, or in connection with washing, crushing, grinding, sifting, reducing, leaching, roasting, smelting, refining, treating or research on any substance

Minister

  • The Minister of Labour
  • Ministry of Labour

Owner

  • Includes a trustee, receiver, mortgage holder, tenant, lessee, occupier of lands, or premises used or to be used as the workplace and a person who acts for an owner as an agent or delegate.

Prescribed

  • Prescribed by regulations made under the Act

Regulations

  • Those regulations made under the Act

Shop

  • A building booth, or stall (or a part thereof)
  • Where goods are handled or exposed, or where services are offered for sale.

Supervisor

  • A person who has charge of a workplace or authority over a worker

Trade Union

  • A trade union with bargaining agent status under the Labour Relations Act.

Workers

  • Persons who are employed by one or more employers or who have contracted for services from one or more employers.

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