Ontario Health and Safety Quiz

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.

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.