Podcast
Questions and Answers
Which responsibility is primarily held by front-line workers regarding OHS problems?
Which responsibility is primarily held by front-line workers regarding OHS problems?
What is a key duty of front-line supervisors in the OHS system?
What is a key duty of front-line supervisors in the OHS system?
Which function is specific to managers within the OHS framework?
Which function is specific to managers within the OHS framework?
What is a responsibility of senior personnel in the context of OHS?
What is a responsibility of senior personnel in the context of OHS?
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How is the OHS system described in relation to problem-solving and responsibility?
How is the OHS system described in relation to problem-solving and responsibility?
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What is the maximum fine a corporation may face if convicted of an offence?
What is the maximum fine a corporation may face if convicted of an offence?
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Which of the following is considered an aggravating factor when determining a penalty?
Which of the following is considered an aggravating factor when determining a penalty?
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Which consequence may result from a director or officer failing to comply with section 32?
Which consequence may result from a director or officer failing to comply with section 32?
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What factor does NOT constitute an aggravating circumstance?
What factor does NOT constitute an aggravating circumstance?
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What penalty is applicable if a defendant is found guilty of an offence while having a record of prior non-compliance?
What penalty is applicable if a defendant is found guilty of an offence while having a record of prior non-compliance?
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What defines a worker in terms of monetary compensation?
What defines a worker in terms of monetary compensation?
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Who qualifies as a secondary school student worker under OHSA?
Who qualifies as a secondary school student worker under OHSA?
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What must a worker do if they need to remove a protective device?
What must a worker do if they need to remove a protective device?
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What is the definition of workplace harassment?
What is the definition of workplace harassment?
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Under what condition is a worker obliged to participate in a medical surveillance program?
Under what condition is a worker obliged to participate in a medical surveillance program?
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Which of the following behaviors exemplifies workplace sexual harassment?
Which of the following behaviors exemplifies workplace sexual harassment?
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What constitutes workplace violence according to the OHSA?
What constitutes workplace violence according to the OHSA?
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Which of the following is a duty of a supervisor regarding worker safety?
Which of the following is a duty of a supervisor regarding worker safety?
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What is a supervisor required to ensure regarding protective devices?
What is a supervisor required to ensure regarding protective devices?
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Which situation does NOT classify as workplace violence?
Which situation does NOT classify as workplace violence?
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What is required of directors and officers in ensuring corporate safety compliance?
What is required of directors and officers in ensuring corporate safety compliance?
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What is meant by 'workplace' in the context of OHSA?
What is meant by 'workplace' in the context of OHSA?
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Which type of program does NOT lead to classification as a worker under OHSA?
Which type of program does NOT lead to classification as a worker under OHSA?
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Which behavior is prohibited for workers under worker duties?
Which behavior is prohibited for workers under worker duties?
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What requirement must be met by a supervisor when a worker needs protective measures?
What requirement must be met by a supervisor when a worker needs protective measures?
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What action must a worker not take concerning protective devices?
What action must a worker not take concerning protective devices?
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What is the main responsibility of a property owner regarding workplace facilities?
What is the main responsibility of a property owner regarding workplace facilities?
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Which of the following is NOT a requirement for a supplier of leased equipment?
Which of the following is NOT a requirement for a supplier of leased equipment?
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What is a penalty for failing to comply with this Act or its regulations?
What is a penalty for failing to comply with this Act or its regulations?
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What defines the contravention committed by architects and engineers under this Act?
What defines the contravention committed by architects and engineers under this Act?
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If a workplace construction does not comply with the Act, which statement is true?
If a workplace construction does not comply with the Act, which statement is true?
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Which of the following duties is NOT specified for a property owner?
Which of the following duties is NOT specified for a property owner?
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What requirement must be fulfilled by the supplier of leased equipment?
What requirement must be fulfilled by the supplier of leased equipment?
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If a property owner fails to maintain facilities as prescribed, what is a possible outcome?
If a property owner fails to maintain facilities as prescribed, what is a possible outcome?
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Which group of employees does the OHSA apply to without modifications?
Which group of employees does the OHSA apply to without modifications?
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Which regulation considers academic staff and teaching assistants equal to other workers under the OHSA?
Which regulation considers academic staff and teaching assistants equal to other workers under the OHSA?
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What is one of the powers of the Minister in the administration of the OHSA?
What is one of the powers of the Minister in the administration of the OHSA?
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Which of the following is NOT a duty of the Minister in administering the OHSA?
Which of the following is NOT a duty of the Minister in administering the OHSA?
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Which sections of the OHSA apply to a self-employed person?
Which sections of the OHSA apply to a self-employed person?
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When was the regulation that considers academic staff as workers under the OHSA enacted?
When was the regulation that considers academic staff as workers under the OHSA enacted?
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What is one of the Minister's responsibilities regarding grants in relation to the OHSA?
What is one of the Minister's responsibilities regarding grants in relation to the OHSA?
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What must the Minister consider while administering the OHSA?
What must the Minister consider while administering the OHSA?
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Study Notes
Environmental Health Law - ENH 121 - Unit 7A - OHS Law I
- This unit covers Occupational Health and Safety Act (OHSA) Law I.
- The course is for 2024.
- The instructor is Dr. Peter Strahlendorf.
- The note-taker is Daniel Huynh.
Unit 7A - Contents
- Internal Responsibility System (IRS)
- Occupational Health and Safety Act (OHSA)
- Definitions
- Application
- Administration
- Duties (in the OHSA)
Internal Responsibility System (IRS)
- Everyone is responsible for health and safety, this is part of their job.
- Work and OHS are not separate activities; OHS is always part of the work.
- The IRS is not a two-party system but a multi-party one.
- The government is not responsible for workplace safety.
- Each individual is responsible for their part within the workplace (scope of authority).
Internal versus External Responsibility
- Internal Responsibility: Employer, Directors, All employees, H&S Committee, H&S Rep, H&S Dept., Union
- External Responsibility: Government, Inspectors/Officers, Workers' Compensation, Safety Associations, Suppliers, Unions, Tribunals, Courts, Media
Internal Responsibility System (IRS)
- The employer is primarily responsible for OHS.
- Employers (usually corporations) are legal fictions, without knowledge/decisions.
- Individuals within the workplace have duties based on their role/authority.
- The IRS is not a partnership between employer and employees.
IRS as the Core Concept
- The IRS framework helps understand the big ideas in Occupational Health and Safety (OHS).
- Resolves current OHS issues.
- A framework for due diligence.
- 90% of what safety culture is.
- Resolves conflict between systems approach and behavior-based safety (BBS).
- Overcomes complacency and plateaus.
- Evolves into a 'Phase Two' approach (quality and creativity).
The Internal Responsibility System (IRS)
- The philosophy behind the OHSA is a way to share responsibility, authority, and accountability.
- It precedes the law.
- First named in the 1976 Ham Royal Commission Report.
- Not explicitly mentioned in most OHS legislation, except in Nova Scotia (NS).
Internal Responsibility System (IRS) (continued)
- 45-year-old concept (in name).
- Mis-described, misunderstood, under-utilized.
- Confirmed repeatedly through various inquiries/commissions (Burkett, Mckenzie-Laskin, MacDonald, Richards).
- OHS should be integrated into production (not a separate function).
- Everyone should be doing OHS directly as part of their job.
The "Frat House" Problem
- Everyone shares the responsibility for workplace health and safety.
- Is this enough?
- What's missing?
- What is everyone individually and collectively responsible for?
"The Spiderman Principle"
- Primary responsibility for a safe workplace is each involved party's responsibility, to the extent of their authority and ability to ensure safety.
- With great power comes great responsibility.
Responsibility and the Org Chart
- Everyone's OHS effort matches their organizational position/authority/control.
- Understanding authority/control provides insight into what OHS actions should be undertaken.
Basic Structure of the IRS (Diagram)
- Hierarchy of authority/responsibility (pyramid).
- Clear link between authorization and accountability.
Activities Match Authority & Control (Diagram)
- Activities align with different levels of authority and responsibility.
- Each level has specific responsibility (e.g., direction, planning, problem-solving).
The Burkett Report 1981
- Joint Federal-Provincial Inquiry Commission into Safety in Mines and Mining Plants in Ontario.
- Direct responsibility for safe production extends to those directly responsible for the organization of work, design of work practices, and conditions.
- Direct responsibility falls on workers, supervisors, management, and executives (line organization).
- Contributive responsibility extends to those who can contribute to safe production (committees, safety departments, unions, etc).
- Government's role is to define minimum acceptable safety performance and promote compliance.
The Burkett Report 1981 (Continued)
- The Ham Report clarifies the center of authority—the internal responsibility system (workers, supervisors, management, executive).
- Health and safety committees/departments/unions are viewed as enhancing the quality of the decisions made in that system rather than as taking primary responsibility.
IRS as Wrong Descriptions
- IRS is three rights (hazards, refusal of unsafe work, and participation).
- Missing the element of personal duties of everyone.
- IRS as labor relations – missing the personal contribution of individuals—committees are not the whole concept of the IRS.
The IRS as Rights vs. Duties (Diagram)
- IRS as rights vs. duties with ancillary rights (showing a different depiction of the concept).
Correct Description: The IRS
- IRS is an element of the OHS management system.
- It's about individualistic responsibility.
- Primarily about duties.
- Monitored and supported by the committee.
- Directly connected to due diligence.
- Ensures regulatory compliance if effective.
The IRS as Personal Duties (Diagram)
- Shows the IRS as employer's, director's, managers', supervisors', and worker's duties.
Direct Causes of Losses (Diagram)
- Hierarchy of responsibility based on type of workplace issues that arise regarding health and safety.
Root Causes of Losses (Diagram)
- Hierarchy of responsible persons in a workplace and how well/badly work duties are performed.
Power of the IRS
- Captures the knowledge, experience, skills, insights, observational positions, initiative, creativity, and enthusiasm of every person in the workplace.
- Expresses ultimate respect for the human element.
- Important values like life, health, and openness.
- Includes personal responsibility, objective problem-solving.
- "People framework" of OHS management systems.
- Weak IRS sabotages other OHS initiatives, leading to a higher frequency of accidents/illnesses.
The IRS – Activities at Each Level
- Integrating OHS duties/ responsibilities into every individuals position/job within the workplace.
For Front-Line Workers
- Following regulatory procedures.
- Following employer/supervisor procedures.
- Identifying defects/contraventions/dangers.
- Identifying opportunities for improvement.
- Applying discretion to solve OHS problems.
- Reporting unsolvable problems/opportunities.
For Front-Line Supervisors
- Coaching and training.
- Observing in the workplace.
- Planning for work.
- Implementing safety talks and conferences.
- Enforcing rules/regulations.
- Taking action on problems/opportunities to senior management.
- Discipline where needed.
For Managers
- Evaluating OHS performance.
- Holding others accountable.
- Implementing OHS programs.
- Considering system-wide problems.
- Taking problems/opportunities to senior management.
For Senior People
- Creating policies for OHS.
- Ensuring competent professionals.
- Having sufficient resource allocation.
- Providing leadership in OHS.
- Holding subordinates accountable.
- Developing OHS systems.
- Performing system audits.
The IRS is a "Dynamic Machine"
- The IRS is flexible, addressing issues on an ongoing basis.
- Workers report problems outside of their authority to their supervisors.
- Reporting is an important part of the IRS.
Reporting and Responding (Diagram)
- Flowchart of reporting/response process regarding incidents of violations of OHS.
Nova Scotia Legislation
- The foundation of the Act is the Internal Responsibility System (IRS).
- Employers, contractors, constructors, employees, self-employed, workplace owners, suppliers, architects/engineers, share responsibility.
NS Definition Continued...
- The primary responsibility for safety is that of each workplace party.
- Provides a framework for participation, transfer of information, and refusal of unsafe work.
- This is necessary for the parties to carry out the Act's and regulations' responsibilities.
- The Occupational Health and Safety Division's role is to support, but not directly assume responsibility for workplace safety.
- Clarifies responsibilities and intervenes as needed.
2. Occupational Health and Safety Act
- R.S.O. 1990, CHAPTER 0.1
- Amendment date: 2023
- Download date: September 2023
The Complex Structure of OHS Law (Diagram)
- Shows the relationships and interplay between various parts and components of OHS law.
Regulations Possible Under the Ontario OHSA
- The Lieutenant Governor in Council can make regulations for the health/safety of workplace persons.
- Defining words/phrases not defined in the Act or regulations falls under this power.
Sectoral Regulations
- Construction Projects: O. Reg. 213/91 (Amended: 64/18)
- Industrial Establishments: R.R.O. 1990, Reg. 851 (Amended: 456/18)
- Mines and Mining Plants: R.R.O. 1990, Reg. 854 (Amended: 61/18)
Designated Substances
- List of substances considered harmful.
- Includes substances, such as acrylonitrile, arsenic, asbestos, benzene, and vinyl chloride.
Ontario OHSA Definitions
- Various terms and definitions used in the Act.
OHSA Definitions
- Various terms and definitions used in the Act.
- Board
- Certified member
- Committee
- Chief Prevention Officer
- Competent person
- Construction
- Project
- Constructor
- Deputy Minister
- Designated substance
OHSA Definitions (continued)
- Hazardous material
- Hazardous physical agent
- Health and safety representative
- Homework
- Industrial establishment
- Inspector
- Labour Relations officer
- Licensee
- Logging
- Mining plant
- Mine
- Minister
- Ministry
- Occupational illness
- Office of the ...
- Owner
- Prescribed
- Regulations
- Shop
- Supervisor
- Workplace
OHSA Definitions (more continued)
- Workplace harassment
- Workplace sexual harassment
- Workplace violence
- Section on the application of the Act to specific situations (subsection differences)
Workplace Harassment
- Reasonable actions taken by employer/supervisor aren't considered workplace harassment.
Application of the OHSA
- The Act applies to Crown employees and Crown-appointed agencies, boards, commissions, or corporations.
- The Act's and regulations' provisions prevail over other general or specific Acts.
- Does not apply to private residence work or farming unless conditions are prescribed.
- Does not apply to teachers (as defined) in the Education Act nor to university or related institution staff members (unless regulations otherwise specify).
- Modifications for certain specific situations involving self-employed persons.
Ontario Regulation 414/05 - Farming Operations
- Application conditions/limitations on the Act for farming operations.
- Exception for self-employed individuals without workers on the farm.
OHSA Definitions (additional/various)
- A discussion of more details regarding the definitions in the Occupational Health and Safety Act (OHSA) including the various exceptions applicable to its provisions.
Part II Administration
- The Minister is responsible for administering the Act.
- The Minister's powers include promotion of occupational health and safety, prevention of workplace injuries/illnesses, and fostering public awareness.
- The Minister considers advice provided under the Act.
- The Minister can delegate responsibilities to employees.
- The establishment of inspectors and directives.
- Advisory Committees can help advise the Minister.
- The Workplace Safety and Insurance Board is responsible for funding administering the Act.
Duties (in the OHSA)
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Duties related to Constructors and Licensees
-
Duties related to Employers
-
Duties related to Workers
-
Supervisor Duties
-
Director's and Officers' Duties
-
Property Owner Duties
-
Duties related to Suppliers of Leased Equipment
-
Duties related to Architects and Engineers
-
Penalties for violation of duties
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Description
Test your knowledge about the roles and responsibilities within the Occupational Health and Safety (OHS) system. This quiz covers topics ranging from front-line workers to senior personnel and penalties for non-compliance. Gain a better understanding of how OHS frameworks function and the duties assigned to various levels of staff.
