Property Law and Occupier's Liability Overview
46 Questions
6 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is a duty of the occupier in relation to premises?

  • To ensure the condition and activities on the premises are appropriate (correct)
  • To maintain physical possession of premises without any responsibilities
  • To supervise all activities conducted on the premises
  • To solely receive rent payments from tenants
  • Which of the following best describes the operator's responsibilities?

  • To only be accountable for financial transactions at the premise
  • To conduct all operations at a food premise independently
  • To control and oversee activities at a food premise or small drinking water system (correct)
  • To manage personal service settings without oversight
  • What is one of the roles of the public health inspector?

  • To manage the operations of personal service settings
  • To evaluate compliance with public health regulations (correct)
  • To create health policies for the municipality
  • To act as a medical officer of health
  • In which situations can the closure of premises be mandated?

    <p>To prevent entrance by unauthorized personnel (A)</p> Signup and view all the answers

    What is a reportable disease?

    <p>A disease specified by regulation that must be reported (A)</p> Signup and view all the answers

    Which of the following accurately defines the responsibilities of a director or officer of a board of health?

    <p>They must ensure operational compliance and oversee public health efforts (C)</p> Signup and view all the answers

    What is considered a personal service setting?

    <p>A venue offering aesthetic services with bodily exposure risks (A)</p> Signup and view all the answers

    What does mandatory imply in the context of health programs?

    <p>Programs or services that must be followed as specified by law (C)</p> Signup and view all the answers

    What is a public pool defined as?

    Signup and view all the answers

    What responsibility do employers have under Nova Scotia legislation regarding workplace health and safety?

    <p>Employers have primary responsibility for maintaining a safe workplace. (D)</p> Signup and view all the answers

    Which duty is specifically associated with the role of front-line supervisors under the organizational health and safety system?

    <p>Coaching, training, and enforcing rules and regulations. (A)</p> Signup and view all the answers

    What is a key personal duty detailed in the IRS framework?

    <p>To identify defects, contraventions, and dangers. (B)</p> Signup and view all the answers

    What responsibility do directors and officers have under the Ontario OHSA?

    <p>They must ensure compliance with workplace safety regulations. (A)</p> Signup and view all the answers

    Under which condition can penalties for non-compliance with OHS regulations be imposed?

    <p>If an investigation finds negligence occurring. (D)</p> Signup and view all the answers

    What is NOT an obligation of property owners under workplace legislation?

    <p>To solely monitor employee performance. (B)</p> Signup and view all the answers

    What is a supervisor responsible for under OHSA when a safety issue is reported?

    <p>Reporting the issue upwards to senior management. (D)</p> Signup and view all the answers

    What must individuals consent to regarding medical surveillance under workplace health regulations?

    <p>Consent must be informed and voluntary. (B)</p> Signup and view all the answers

    What does effective integration of IRS into individual jobs lead to?

    <p>Continual reduction in workplace risks. (A)</p> Signup and view all the answers

    How is accountability for safety distributed among all roles in the IRS framework?

    <p>Accountability is shared across all levels including employees and contractors. (C)</p> Signup and view all the answers

    What is a characteristic of the IRS as described in the guidelines?

    <p>It emphasizes personal responsibility alongside collective duties. (A)</p> Signup and view all the answers

    Which of the following is NOT a component of the correct IRS description?

    <p>It solely captures rights of employees. (A)</p> Signup and view all the answers

    In creating a successful OHS system, what is essential according to the IRS?

    <p>Respect for the human element within the workplace. (A)</p> Signup and view all the answers

    What would be considered an aggravating factor in evaluating a defendant's conduct?

    <p>The defendant's attempt to conceal the offence (A)</p> Signup and view all the answers

    In Ontario, when is a constructor or employer required to establish a Joint Health and Safety Committee (JHSC)?

    <p>At a workplace where an order is in effect under section 33 (A)</p> Signup and view all the answers

    Who is responsible for ensuring that the Joint Health and Safety Committee has certified members?

    <p>The constructor or employer (A)</p> Signup and view all the answers

    What entitlement does a worker have when participating in a Joint Health and Safety Committee?

    <p>To receive one hour or more for attending meetings (A)</p> Signup and view all the answers

    Under the Occupational Health and Safety Act, who is responsible for conducting a Stage One investigation when a worker refuses unsafe work?

    <p>The worker's supervisor or employer (D)</p> Signup and view all the answers

    What is the maximum time frame for a constructor or employer to respond to written recommendations from Health and Safety representatives?

    <p>21 days (B)</p> Signup and view all the answers

    What is a key function of health and safety representatives in the workplace?

    <p>Inspect the physical condition of the workplace at least once a month (A)</p> Signup and view all the answers

    Under the right to refuse unsafe work policy, what must a worker have after reporting a refusal?

    <p>Reasonable grounds to believe work is unsafe (A)</p> Signup and view all the answers

    What is the co-chair's power if the Joint Health and Safety Committee fails to reach a consensus on recommendations?

    <p>To make written recommendations unilaterally (B)</p> Signup and view all the answers

    In the context of Ontario's health and safety regulations, what is required prior to the beginning of any workplace testing?

    <p>Health and safety representatives must be present if necessary (A)</p> Signup and view all the answers

    Who can initiate a worker trades committee according to the requirements set by Ontario law?

    <p>If there are fewer than 50 workers or if the project is less than three months (A)</p> Signup and view all the answers

    To whom does the right to refuse unsafe work NOT apply?

    <p>Health care workers (A), Police officers (C)</p> Signup and view all the answers

    What must employers do when they receive a report of a refusal to work due to unsafe conditions?

    <p>Investigate promptly in the presence of the worker (C)</p> Signup and view all the answers

    What is one of the main responsibilities of the Health and Safety Committee?

    <p>To identify and recommend improvements for hazards (A)</p> Signup and view all the answers

    What is one possible penalty for failing to comply with health regulations?

    <p>Suspension of business licenses (C)</p> Signup and view all the answers

    What is a primary obligation of owners of premises regarding public health standards?

    <p>Maintaining sanitary facilities and overall cleanliness (A)</p> Signup and view all the answers

    Which of the following is a responsibility of directors of a board of health?

    <p>Implementing mandatory health programs (D)</p> Signup and view all the answers

    What is one duty of a supervisor under the Occupational Health and Safety Act (OHSA)?

    <p>Ensuring the safe performance of work and reporting hazards (A)</p> Signup and view all the answers

    Under what circumstances is consent required for medical surveillance?

    <p>When required by occupational safety regulations (D)</p> Signup and view all the answers

    Which of these actions can result from non-compliance with health unit regulations?

    <p>Imposition of fines and penalties (D)</p> Signup and view all the answers

    What is a necessary action for an occupier of premises regarding potential health hazards?

    <p>Informing health authorities of any discovered hazards (C)</p> Signup and view all the answers

    What can the board of health require from directors in the case of health program evaluation?

    <p>Regular reports on program effectiveness (A)</p> Signup and view all the answers

    What is the role of a public health inspector in relation to compliance?

    <p>To conduct inspections and ensure adherence to health regulations (D)</p> Signup and view all the answers

    When is a municipality deemed obligated in relation to health programs?

    <p>When they are situated within a health unit's jurisdiction (B)</p> Signup and view all the answers

    Flashcards

    Spiderman Principle

    With great power comes great responsibility. In workplaces, authority means taking responsibility for safety.

    Individual Safety Responsibility

    Everyone in a workplace is personally responsible for their own safety and the safety of others.

    Organizational Chart & OHS

    Responsibilities for occupational health and safety (OHS) should match a person's level of authority and control within an organization.

    IRS (Individual Responsibility System)

    A system of personal responsibilities that ensures workplace safety; it's a key part of the OHS management system.

    Signup and view all the flashcards

    Direct vs. Contributive

    Direct causes of losses are directly related to workplace events; contributory factors contribute to risk.

    Signup and view all the flashcards

    Root Cause of Losses

    The fundamental reasons behind accidents and incidents in the workplace.

    Signup and view all the flashcards

    Front-line Workers

    Workers at the lowest levels, responsible for immediate actions related to safety, reporting defects, and solving OHS issues.

    Signup and view all the flashcards

    Front-line Supervisors

    Supervisors responsible for coaching, training, and enforcing safety rules.

    Signup and view all the flashcards

    Managers

    Responsible for performance evaluations, program implementation, and taking problems to senior management.

    Signup and view all the flashcards

    Senior Management

    Sets policy, ensures competent professionals, resources, leadership, and system audits.

    Signup and view all the flashcards

    Dynamic Machine

    OHS issues are often addressed during regular work, with problems escalated when necessary to supervisors and managers as a dynamic process.

    Signup and view all the flashcards

    Reporting and Responding

    A crucial component of the IRS where defects or problems are escalated based on the individual's authority and control.

    Signup and view all the flashcards

    OHS Legislation

    Legal framework outlining responsibilities for workplace safety.

    Signup and view all the flashcards

    Workplace Regulations

    Specific rules created by a governing body that outlines requirements for a safe and healthy workplace.

    Signup and view all the flashcards

    Party Responsibilities

    In legislation, all parties, including employees, employers and contractors, share responsibility for workplace health and safety.

    Signup and view all the flashcards

    Health Unit

    An area under the jurisdiction of a Board of Health (BOH).

    Signup and view all the flashcards

    Mandatory Health Program

    A health program or service required by law (as specified in section 5).

    Signup and view all the flashcards

    Medical Officer of Health

    A doctor who works for the Board of Health (BOH).

    Signup and view all the flashcards

    Occupier (premises)

    A person in charge of a property; responsible for its condition and activities.

    Signup and view all the flashcards

    Operator (food premise)

    Person responsible for a food business's operation.

    Signup and view all the flashcards

    Reportable Disease

    Specific illnesses required to be reported to the authorities; defined by the Minister.

    Signup and view all the flashcards

    Public Health Inspector

    Inspector (part of BOH) who monitors public health.

    Signup and view all the flashcards

    Public Health Standard

    A rule set by the Minister, which outlines acceptable health practices.

    Signup and view all the flashcards

    Premises

    Land and structures, including water, vehicles, etc., used for residence, business.

    Signup and view all the flashcards

    Virulent Disease

    Specific harmful diseases listed by the Minister.

    Signup and view all the flashcards

    OHS Representative

    A worker chosen by fellow workers, who isn't a manager, to represent health and safety concerns.

    Signup and view all the flashcards

    Joint Health and Safety Committee (JHSC)

    A committee formed at workplaces with 20 or more workers, to deal with health and safety concerns.

    Signup and view all the flashcards

    Right to Refuse Unsafe Work

    Workers can refuse work if they reasonably believe it poses a danger.

    Signup and view all the flashcards

    Stage One Investigation

    The initial investigation by the employer after a worker refuses unsafe work.

    Signup and view all the flashcards

    Stage Two Investigation

    The investigation by a Ministry inspector after a worker refuses work.

    Signup and view all the flashcards

    Worker Trades Committee

    Groups to specifically represent workers of different trades in construction projects.

    Signup and view all the flashcards

    Occupational Hygiene Reports

    Reports to investigate health hazards in the workplace.

    Signup and view all the flashcards

    Number of Workers

    The number of employees regularly employed at a workplace dictates the minimum size of the JHSC committee.

    Signup and view all the flashcards

    5 or more workers with no committee

    Constructor/employer must select at least one safety rep with no managerial role

    Signup and view all the flashcards

    JHSC Requirements

    The Minister decides whether a JHSC is required when considering factors like workplace hazards and worker requests

    Signup and view all the flashcards

    Committee Composition

    Must have at least half worker members who aren't managers and adhere to worker/management member count limits (at least 2 for under 50 workers).

    Signup and view all the flashcards

    Certified Committee Members

    Committee members who meet the required training.

    Signup and view all the flashcards

    Time for Committee

    Workers are entitled to time during work, for committee matters.

    Signup and view all the flashcards

    Reporting Refusal

    Workers must promptly report circumstances of refusals to employer.

    Signup and view all the flashcards

    Employer's Duty

    Cannot retaliate against a worker for refusing unsafe work.

    Signup and view all the flashcards

    Inspections

    Committe members can inspect workplaces for health and safety hazards.

    Signup and view all the flashcards

    Study Notes

    Property Law

    • Property law primarily concerns ownership, buying, selling, and inheritance
    • Key concern is the owner's liability for accidents involving entrants and the status of trespassers as well as the associated liability.

    OHS Concerns

    • OHS statutory law typically does not cover non-workers unless explicitly stated as a person under specific jurisdictions
    • OHS Manager is usually responsible for ensuring occupiers' liability is handled by the organization's management system
    • Workplace accidents can injure non-workers (e.g., a wrench falling on a visitor)
    • Examples of non-workers include customers, patients, students, and children
    • Vulnerable places include shops, arenas, schools, hospitals, municipalities, recreational areas, and parks.

    PH Concerns

    • Public Health Inspectors (PHIs) routinely inspect restaurants, pools, schools, daycares, residential institutions.

    Occupier's Liability Act

    • Occupier includes a person in physical possession of property or a person in charge of the condition.
    • Premises include land and structures, water, ships and vessels, trailers, trains, railways, cars, vehicles, and aircraft (not in operation).
    • Common law duty of care superseded.
    • Occupiers owe a duty to take reasonable care of all circumstances and ensure entrants are reasonably safe.
    • Duty of care is provided for all dangerous conditions.
    • Occupier can modify or exclude duty of care in respect to risks willingly assumed by entrants.
    • No duty of care applies to risks of a criminal nature where risk was willingly undertaken.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Law Exam Review PDF

    Description

    This quiz covers key aspects of property law, focusing on ownership, liability for accidents, and the Occupier's Liability Act. It also examines the responsibilities of OHS Managers in protecting non-workers in various public spaces. Test your understanding of these essential legal principles.

    More Like This

    Use Quizgecko on...
    Browser
    Browser