Ontario Health and Safety Quiz

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Questions and Answers

What must a worker do until an investigation is completed after refusing unsafe work?

Leave the workplace immediately

Work in another location

Remain in a safe place near their workstation (correct)

Assist in the investigation directly

Under what condition can a worker refuse to work after an investigation?

If they have subjective feelings of danger

If the employer disagrees with the refusal

If the workplace has been sanitized

If they believe equipment continues to pose a danger (correct)

Which of the following is NOT a valid reason for refusing unsafe work?

Danger from equipment being used

A minor inconvenience at work (correct)

Likely workplace violence

Potential physical condition of the workplace

What role does the inspector play in the investigation of a work refusal?

They investigate the refusal with both parties involved Signup and view all the answers

If a worker refuses unsafe work, what action must be taken regarding an inspector?

Someone must notify an inspector about the refusal Signup and view all the answers

What is the focus of the inspector's decision after an investigation?

If the circumstances likely endanger the worker or others Signup and view all the answers

What documentation is necessary if a worker refuses unsafe work?

Notification to an inspector Signup and view all the answers

What must a worker demonstrate to validly refuse unsafe work?

Reasonable grounds for believing in actual danger Signup and view all the answers

What is the primary role of the Worker Health and Safety Representative in Ontario?

To represent workers without managerial functions Signup and view all the answers

Which scenario requires the employer to ensure the selection of a health and safety representative?

When there are more than five regularly working employees Signup and view all the answers

In the context of the health and safety governance in Ontario, what does JHSC stand for?

Joint Health and Safety Committee Signup and view all the answers

If a workplace does not have enough workers to necessitate a health and safety representative, what can the Minister do?

Mandate the selection of one or more health and safety representatives Signup and view all the answers

In which situation is a health and safety representative not required?

When there are less than six workers involved Signup and view all the answers

What is the consequence for workplaces where a health and safety representative is required but not selected?

The employer may receive penalties or orders from the Minister Signup and view all the answers

What distinguishes a Worker Health and Safety Representative from a member of the JHSC?

The representative is selected from non-managerial workers Signup and view all the answers

What is required of the employer regarding safety data sheets in the workplace?

Make them available for examination by workers. Signup and view all the answers

Who should receive safety data sheets if there is no health and safety representative?

A worker selected by the workers. Signup and view all the answers

What must employers do when there are more than five workers but no health and safety representative is chosen?

Select workers to form a health and safety representative group Signup and view all the answers

What additional requirement was established regarding the availability of safety data sheets?

Ensure they are readily available to exposed workers. Signup and view all the answers

What must the medical officer of health do upon request from any person?

Request the employer to furnish a safety data sheet. Signup and view all the answers

To whom must an employer furnish a safety data sheet upon request?

The medical officer of health or the local fire department. Signup and view all the answers

What is stated about copies of safety data sheets in electronic format?

They are considered copies for regulatory purposes. Signup and view all the answers

What should NOT be disclosed by the medical officer of health?

The identity of the requester of any safety data sheet. Signup and view all the answers

What action should an employer take when a written request for a safety data sheet is made?

Provide the current safety data sheet promptly. Signup and view all the answers

What is the responsibility of suppliers regarding products that classify as controlled products under WHMIS?

They must provide labels and SDSs to workplaces receiving the product. Signup and view all the answers

Which of the following is NOT a reason for conducting more frequent reviews of workplace health and safety?

A significant increase in employee numbers. Signup and view all the answers

What are the main categories of hazards covered under WHMIS?

Both physical and health hazards. Signup and view all the answers

Which of the following is classified as a health hazard under the WHMIS classification system?

Reproductive toxicity. Signup and view all the answers

Which statement is true about environmental hazards in relation to WHMIS?

Environmental hazards are categorized in GHS but are not mandatory in WHMIS. Signup and view all the answers

What do employers need to consider when determining if more frequent health and safety reviews are necessary?

Advice from the health and safety committee or representation. Signup and view all the answers

Which of the following physical hazards is known to emit flammable gases upon contact with water?

Substances and mixtures that emit flammable gases when in contact with water. Signup and view all the answers

What must employers do for workers exposed to hazardous materials?

Ensure workers receive training and participate in it. Signup and view all the answers

Under what condition can information obtained under subsection (2) be disclosed?

Only if necessary for the purposes mentioned in subsection (2). Signup and view all the answers

What is required of a person distributing or supplying a thing that produces a hazardous physical agent?

They must ensure relevant information about the agent is readily available. Signup and view all the answers

How often must the training and instruction provided to workers be reviewed?

At least annually. Signup and view all the answers

Who is involved in the development and implementation of the instruction and training for hazardous materials?

Employers in consultation with the workplace committee or representative. Signup and view all the answers

What is the primary focus of clause 40.1 (4) regarding disclosure of information?

Information received under specific acts takes precedence over other laws. Signup and view all the answers

What constitutes a hazardous physical agent according to the guidelines?

Any item that emits or produces harm while in use. Signup and view all the answers

What obligation does a distributor or supplier have regarding hazardous materials?

To ensure information about proper use and operation is accessible. Signup and view all the answers

Who has the right to appeal a determination made under subsection (3)?

The employer, any worker, or any trade union representing the workers Signup and view all the answers

What happens to confidential business information once a claim is filed under subsection (1)?

It is exempt from disclosure until the claim is resolved. Signup and view all the answers

What is the privilege status of information obtained by an employee in the Ministry from the Hazardous Materials Information Review Act?

It is privileged and cannot be communicated without written consent. Signup and view all the answers

Under what conditions can an employee in the Ministry communicate privileged information?

To another government employee for administering the Act or for emergency medical purposes. Signup and view all the answers

What is the time frame during which confidential business information is exempt from disclosure after a claim is filed?

From the claim filing until its determination and three years after Signup and view all the answers

What role does the Chief Screening Officer have in relation to privileged information?

They approve all privileged information communications. Signup and view all the answers

To whom can an employee in the Ministry disclose privileged information if necessary?

Another employee in the Ministry or a medical professional in emergencies Signup and view all the answers

What is the effect of a determination made under section 40 on the parties involved?

It is binding and applicable for the purposes of the relevant Part. Signup and view all the answers

Signup and view all the answers

Study Notes

Environmental Health Law - Unit 8

Unit 8 covers the "Three Workers' Rights": participating, refusing unsafe work, and the right to know.
Contents of Unit 8: Right to Participate, Right to Refuse Unsafe Work, and Right to Know.
The diagrams illustrate the interactions and duties of employers, supervisors, workers, and directors, within each right.
Ontario Worker Health & Safety Representative: Representatives are selected by workers who do not hold management positions.
- If the number of workers regularly exceeds five, a representative must be chosen.
- The Minister of Labor can mandate representatives if a committee isn’t required.
- There are specific criteria including the number of workers and whether a committee is needed under other sections of the law.
- The selection process for representatives is described across several subsections.
Training Requirements:
- Workers chosen for representatives must receive training in their duties.
- Employers are responsible for ensuring this training occurs.
- Training must meet pre-determined standards.
- Representatives are entitled to be paid during their training.
Inspection Requirements:
- Representatives are required to inspect workplaces at least monthly, or annually if monthly is not practical.
- Inspectors and regulations will determine the specific frequency of inspections.
- A schedule of inspections needs to be developed and agreed upon between the employer and the health and safety representatives.
- Employers, and workers, must provide needed information to the representative for effective inspection.
Powers of Representatives:
- Identifies dangers to workers and makes recommendations to employers.
- Provides information from the constructor or employer with respect to tests, hazards, and work practices of similar industries.
- The representative must be present during tests and ensure valid testing procedures.
Responses to recommendations:
- Employers must respond in writing within 21 days.
- Written responses must contain a schedule for implementation and explanations for any disagreements with worker recommendations.
Action on Worker Deaths/Injuries:
- Representatives are allowed to inspect scenes of worker deaths or critical injuries.
- These investigations (at an employer’s behest) should be completed and reported to a Director of OHS.
Time Off for Representatives:
- Representatives are entitled to time off work to fulfill their duties, and these times will be considered part of the employee’s 'work time,' as part of their employment.
Right to be represented by an existing collective bargaining agreement.
Joint Health and Safety Committee (JHSC):
- 9 (1): Committees don't apply to projects lasting under 3 months or to employers/workplaces with specific designations.
- 9(2): JHSCs are required if the number of workers regularly employed is 20 or more, or if an employer has an order under Section 33, or if regulation regarding designated substances applies.
- 9(3): The Minister of Labor can mandate JHSCs for workplaces. This will detail the committee setup.
Committee Composition:
- 6(a): If fewer than 50 workers, the committee shall have at least two members.
- 6(b): If 50 or more workers, the committee shall have at least four members.
Committee Membership:
At least half the members must be workers who do not exercise managerial functions.
Worker representatives selected by workers or by their trade union.
Employers selected the non-worker representatives.
Committee member loss of employment causes membership loss in the committee.
Two co-chairs selected by worker and non-worker members.
Certification Requirements: Members must be certified.
2012 Changes: Chief Prevention Officers certified members who meet specific training criteria.
Training Requirements for JHSC members:
- There are defined training requirements for becoming a certified member of the JHSC.
Employer Responsibilities for Training:
- Employers are responsible for ensuring the training requirements for JHSC and worker representative members are met. They are also responsible for covering costs of the training.
Information Required for Inspection:
- The employer, workers, and representatives must have protocols for providing adequate information to the committee.
Inspections:
- Committee members who represent workers are responsible for inspections of workplace conditions.
When Workers Die or Are Critically Injured, - Representatives can investigate, inspect, and report any machinery or conditions to a Director in writing. -Time and Pay for Committee Members: - Members are entitled to reasonable time and pay for attending meetings and related work.
Committee Additional Powers:
- An existing collective agreement can add more power to a JHSC or worker reps within the context of the workplace.
Dispute Resolution:
- The Minister of Labour will handle any disputes with respect to the employer’s actions or alleged non-compliance.
- Number of Workers and Requirements:
- There are different requirements for the committees based on the total number of workers employed regularly.

Environmental Health Law - Unit 8 - Right to Refuse Unsafe Work

Overview of the worker's right to refuse unsafe work.
- Procedures are explained.
- Different stages in the procedure.
Worker's belief is subjective.
Employer's investigation, a first stage.
Inspector's investigation, a second stage,
Worker rights to refuse work are limited.
Non-applicability to certain types of workers and situations. -Workers in specific professions or situations have limited right to refuse. -Refusing work where inherent, or directly endangering another life may not be allowed.
Report of refusal: A worker who refuses work needs to report it to relevant personnel or representatives (e.g., supervisors, committees, etc.).
Investigation by someone, the first stage.
Investigation by an Inspector, the second stage.
Decision by Inspector is delivered in writing to affected parties and the inspector's decision may be appealed.
No Retaliations against Workers
- Employers cannot punish workers for exercising their right to refuse unsafe work.
Advising other workers
- While the initial investigation, the worker must advise other workers of the circumstances of their refusal.
Compensation for time spent.
- Workers are entitled to compensation for time spent fulfilling these requirements.

Environmental Health Law - Unit 8 - Right to Know

This part is primarily about the Workplace Hazardous Material Information System (WHMIS).
WHMIS covers a standardized system for information and education about dangerous materials in workplaces.
It is a nation-wide system, combining federal and provincial laws (with varying levels of responsibility).
WHMIS 2015:
- Globally standardized, consistent information system.
- Incorporates GHS elements for classification rules, hazard pictograms, and safety data sheets.
Purpose of WHMIS:
- The purpose of WHMIS is to ensure that workers have information concerning material hazards and are empowered to work safely.
- Enhances internal responsibility systems.
Existing 'Right-To-Know' Provisions
This covers existing Ontario OHSA sections that provide information for worker safety. This means there is not a completely new 'Right-to-Know,' but rather an enhanced version of existing laws.
WHMIS Elements (The Triad)
- Labels
- Safety Data Sheets (SDSs)
- Worker Instruction
Flow of Information in the System:
- Suppliers to workplaces must pass on information.
- Employers must share information with workers.
Jurisdictional Issues over WHMIS:
- Federal role in national commerce (product labeling information).
- Provincial role in workplace relations concerning employees and employers.
Federal Legislation to support WHMIS -Hazardous Product Act (HPA) -Hazardous Products Regulation (HPR) -Hazardous Materials Information Review Act (HMIRA)
Canada Labour Code (CLC) (Federal equivalent to provincial OHS).
Ontario's role in supporting WHMIS
The Ontario Occupational Health and Safety Act (OHSA), with amended provisions concerning WHMIS duties (section 37 & 42).
WHMIS Classification:
- Hazardous materials are categorized.
- There are physical and health hazard classes.
Safety Data Sheets Availability:
- Specific locations, and to who, employer must provide
Additional 2015 Changes:
Further requirements on readily available safety data sheet copies for workers exposed to hazardous materials.
Confidentiality in the WHMIS system:
- Clarification concerning the conditions under which employers can claim confidential business information as a reason for not properly disclosing information.
Dispute resolution:
- Disputes will be resolved by the Minister of Labor following review and consultation.
Public Access to Safety Data Sheets:
- Medical officers of health can access safety data sheets.
Exception for some provisions -The law makes exceptions for professions or conditions under which the duty to disclose materials information does not apply.

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Description

Test your knowledge of worker rights and responsibilities regarding unsafe work refusals in Ontario. This quiz covers key processes, roles of inspectors and representatives, and the necessary documentation when refusing unsafe work. Ensure you understand the legal framework that governs health and safety in the workplace.