Occupational Health and Safety Responsibilities Quiz
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Questions and Answers

Which responsibility is primarily held by front-line workers regarding OHS problems?

  • Enforcement of safety regulations
  • Coaching and training staff
  • Conducting policy audits
  • Identifying defects and dangers (correct)
  • What is a key duty of front-line supervisors in the OHS system?

  • Coaching and training employees (correct)
  • Performing system-wide audits
  • Resource allocation for safety programs
  • Development of OHS policies
  • Which function is specific to managers within the OHS framework?

  • Job observation
  • OHS performance evaluation (correct)
  • Identifying opportunities for improvement
  • Safety talks and tailboard conferences
  • What is a responsibility of senior personnel in the context of OHS?

    <p>Holding subordinates accountable (C)</p> Signup and view all the answers

    How is the OHS system described in relation to problem-solving and responsibility?

    <p>A dynamic machine requiring ongoing attention (B)</p> Signup and view all the answers

    What is the maximum fine a corporation may face if convicted of an offence?

    <p>$1,500,000 (D)</p> Signup and view all the answers

    Which of the following is considered an aggravating factor when determining a penalty?

    <p>The offence led to serious injury or illness of a worker. (B)</p> Signup and view all the answers

    Which consequence may result from a director or officer failing to comply with section 32?

    <p>Imprisonment for a term of not more than twelve months (B)</p> Signup and view all the answers

    What factor does NOT constitute an aggravating circumstance?

    <p>The defendant successfully implemented safety measures. (A)</p> Signup and view all the answers

    What penalty is applicable if a defendant is found guilty of an offence while having a record of prior non-compliance?

    <p>Increased fines and penalties (B)</p> Signup and view all the answers

    What defines a worker in terms of monetary compensation?

    <p>A person providing services for monetary compensation. (D)</p> Signup and view all the answers

    Who qualifies as a secondary school student worker under OHSA?

    <p>Students working under a work experience program without compensation. (A)</p> Signup and view all the answers

    What must a worker do if they need to remove a protective device?

    <p>Provide an adequate temporary protective device. (D)</p> Signup and view all the answers

    What is the definition of workplace harassment?

    <p>Unwelcome comments or conduct known to be vexatious against a worker. (D)</p> Signup and view all the answers

    Under what condition is a worker obliged to participate in a medical surveillance program?

    <p>When the worker provides consent. (B)</p> Signup and view all the answers

    Which of the following behaviors exemplifies workplace sexual harassment?

    <p>A manager making unwanted advances towards an employee in private. (D)</p> Signup and view all the answers

    What constitutes workplace violence according to the OHSA?

    <p>Physical force that intentionally causes injury to a worker. (C)</p> Signup and view all the answers

    Which of the following is a duty of a supervisor regarding worker safety?

    <p>Advise workers of potential or actual hazards. (C)</p> Signup and view all the answers

    What is a supervisor required to ensure regarding protective devices?

    <p>They are replaced immediately when removed. (C)</p> Signup and view all the answers

    Which situation does NOT classify as workplace violence?

    <p>A worker experiencing emotional distress. (C)</p> Signup and view all the answers

    What is required of directors and officers in ensuring corporate safety compliance?

    <p>They should ensure all safety regulations are followed. (B)</p> Signup and view all the answers

    What is meant by 'workplace' in the context of OHSA?

    <p>Any location where a worker performs duties. (B)</p> Signup and view all the answers

    Which type of program does NOT lead to classification as a worker under OHSA?

    <p>A volunteer program without endorsement from any institution. (C)</p> Signup and view all the answers

    Which behavior is prohibited for workers under worker duties?

    <p>Conducting unnecessary running or rough conduct. (D)</p> Signup and view all the answers

    What requirement must be met by a supervisor when a worker needs protective measures?

    <p>The supervisor must provide written instructions if prescribed. (A)</p> Signup and view all the answers

    What action must a worker not take concerning protective devices?

    <p>Remove or disable them without a temporary alternative. (C)</p> Signup and view all the answers

    What is the main responsibility of a property owner regarding workplace facilities?

    <p>Ensure facilities are provided and maintained as prescribed. (A)</p> Signup and view all the answers

    Which of the following is NOT a requirement for a supplier of leased equipment?

    <p>Guarantee maintenance of equipment is strictly optional. (C)</p> Signup and view all the answers

    What is a penalty for failing to comply with this Act or its regulations?

    <p>A fine up to $500,000 or imprisonment. (D)</p> Signup and view all the answers

    What defines the contravention committed by architects and engineers under this Act?

    <p>Issuing advice that endangers workers due to negligence or incompetence. (A)</p> Signup and view all the answers

    If a workplace construction does not comply with the Act, which statement is true?

    <p>It must be rectified to comply with the Act and regulations. (A)</p> Signup and view all the answers

    Which of the following duties is NOT specified for a property owner?

    <p>Conduct safety audits of third-party contractors. (C)</p> Signup and view all the answers

    What requirement must be fulfilled by the supplier of leased equipment?

    <p>Ensure equipment provided is in good condition and compliant. (A)</p> Signup and view all the answers

    If a property owner fails to maintain facilities as prescribed, what is a possible outcome?

    <p>They could be liable to fines or imprisonment. (C)</p> Signup and view all the answers

    Which group of employees does the OHSA apply to without modifications?

    <p>Teachers as defined in the Education Act (B)</p> Signup and view all the answers

    Which regulation considers academic staff and teaching assistants equal to other workers under the OHSA?

    <p>Regulation 858 (A)</p> Signup and view all the answers

    What is one of the powers of the Minister in the administration of the OHSA?

    <p>To promote public awareness of occupational health and safety (B)</p> Signup and view all the answers

    Which of the following is NOT a duty of the Minister in administering the OHSA?

    <p>Educating only employers about occupational health (A)</p> Signup and view all the answers

    Which sections of the OHSA apply to a self-employed person?

    <p>Sections 25(1) and 33(1) with necessary modifications (B)</p> Signup and view all the answers

    When was the regulation that considers academic staff as workers under the OHSA enacted?

    <p>July 1, 1984 (A)</p> Signup and view all the answers

    What is one of the Minister's responsibilities regarding grants in relation to the OHSA?

    <p>To make grants based on his discretion (A)</p> Signup and view all the answers

    What must the Minister consider while administering the OHSA?

    <p>Advice provided under this Act (D)</p> Signup and view all the answers

    Flashcards

    Front-line Worker OHS duties

    Following regulations, employer/supervisor procedures, identifying defects/dangers, and reporting unsolvable problems to improve safety.

    Front-line Supervisor OHS duties

    Coaching/training, observing, planning jobs, conducting safety talks/conferences, enforcing rules/regulations, and escalating problems/improvements to senior management.

    Manager OHS duties

    Evaluates OHS performance, holds others accountable, implements programs, identifies system-wide issues, and escalating problems/improvements to senior management.

    Senior Manager OHS duties

    Defines OHS policy, ensuring competent professionals, sufficient resources, strong leadership, accountability of subordinates, developing/auditing OHS systems.

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    Dynamic OHS Problem Solving

    OHS issues are continually addressed, and problems escalate to higher levels when beyond the individual's authority or expertise. This is a continuous, dynamic process.

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    Worker (OHSA)

    A person who performs work or provides services for payment.

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    Secondary Student Worker

    A high school student who works under a school-authorized program for no pay.

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    Post-Secondary Student Worker

    A college/university student working in an approved program, without pay.

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    Workplace Harassment

    Unwelcome, vexatious comments or conduct in the workplace.

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    Workplace Sexual Harassment

    Harassment based on sex, sexual orientation or gender, considered unwelcome.

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    Workplace Violence

    Physical force, threats or behaviors interpreted as threats that could cause physical injury.

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    Workplace

    Any location where a worker performs a job.

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    Workplace means

    Any land, premises, location or thing at, upon, in or near which a worker works.

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    OHSA application to teachers

    The Act applies to teachers as defined in the Education Act, subject to other sections.

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    OHSA application to academics

    Academic staff and teaching assistants are treated as other workers under the OHSA, from 1984.

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    OHSA for Self-Employed

    Specific sections of the OHSA apply to the self-employed, with modifications.

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    Minister's role in OHSA

    The Minister is responsible for administering the Occupational Health and Safety Act.

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    Minister's powers (promotion)

    Promoting occupational health and safety, public awareness, and education are part of the Minister's duties.

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    Minister's powers (education)

    Educating employers, workers, and others about health and safety is part of the Minister's duties.

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    Minister's power (funding)

    The Minister can give grants to support occupational health and safety, at their discretion.

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    Minister's duty to consider advice

    The Minister is required to consider advice received under the Act while administering it.

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    Worker's Duty: Protective Devices

    Workers cannot remove or disable safety equipment without providing a temporary replacement. Once the need is gone, the original protection must be restored immediately.

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    Worker's Duty: Safety Practices

    Workers must avoid any actions that could endanger themselves or others, including using equipment unsafely and engaging in reckless behavior.

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    Worker's Right: Medical Surveillance

    Workers have the right to refuse participation in a medical surveillance program unless they freely consent.

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    Supervisor's Duty: Worker Safety

    Supervisors ensure their workers comply with safety laws, regulations, and company procedures.

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    Supervisor's Duty: Danger Awareness

    Supervisors must inform workers about any potential or existing hazards to their health or safety.

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    Supervisor's Duty: Protective Measures

    Supervisors are responsible for providing workers with safety instructions and taking appropriate precautions to protect them.

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    Director's Duty: OHS Compliance

    Corporate directors must ensure their company follows all OHS laws, regulations, orders from inspectors, and ministerial directives.

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    Officer's Duty: OHS Responsibilities

    Officers of a company share the responsibility with directors to ensure OHS compliance.

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    Corporation's Maximum Fine

    If a corporation is convicted of an OHS violation, the maximum fine is $1,500,000.

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    Director/Officer Liability

    A director or officer of a company who breaks OHS rules can be fined up to $1,500,000 or face up to 12 months in prison.

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    Aggravating Factors

    These factors increase the severity of an OHS penalty, like causing injury or death, disregarding an inspector's order, or having a history of violations.

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    Motivated by Profit

    If a company breaks OHS rules to increase profit or cut costs, this is considered an aggravating factor.

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    Concealing Violations

    Trying to hide OHS violations from the Ministry or other authorities is considered an aggravating factor.

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    Property Owner's Duty (Ontario)

    A property owner in Ontario must ensure their workplace meets safety regulations, provides required facilities, and maintains them properly. They must also provide plans or specifications when required by a Director.

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    Leased Equipment Responsibility

    A supplier of leased equipment must ensure that the equipment is in good condition, complies with regulations, and is maintained in good condition (if that's their responsibility in the lease agreement).

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    Architect and Engineer Liability

    Architects and engineers are responsible for ensuring their advice and certifications don't lead to worker endangerment through negligence or incompetence.

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    OHS Act Violation Penalty

    Individuals who violate the OHS Act or its regulations, or fail to comply with an inspector's orders, can face a fine of up to $500,000, imprisonment for up to 12 months, or both.

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    Who needs 'Drawings, Plans, or Specifications'?

    Property Owners in Ontario must provide drawings, plans, or specifications to a Director when prescribed by the regulations.

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    What is the 'good condition' of leased equipment?

    Leased equipment must be in 'good condition' meaning it meets safety standards and is free from any defects that could harm workers.

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    Who are the 'prescribed facilities' in Ontario?

    Property owners in Ontario are required to provide certain 'prescribed facilities' at the workplace, which are specified in the regulations.

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    What are the consequences of 'negligence or incompetence'?

    Architects and engineers who provide negligent or incompetent advice or certifications can be held liable under the OHS Act, potentially leading to penalties.

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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)

    • 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.

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