Workplace Health and Safety in Ontario
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Questions and Answers

What is the primary role of a health and safety representative in workplaces with 5-19 employees in Ontario?

  • Develop training programs for employees.
  • Lead the joint health and safety committee.
  • Negotiate safety regulations with employers.
  • Inspect the workplace monthly for hazards. (correct)
  • How is the health and safety representative selected in Ontario?

  • Chosen by the workers or a union, ensuring independence from the employer. (correct)
  • Elected by the provincial labor board.
  • Appointed by the employer.
  • Randomly selected from all employees.
  • What authority does the health and safety representative have regarding employers' responses?

  • Can require a budget for safety improvements.
  • Can require a written employer response within 21 days to address solutions. (correct)
  • Can mandate immediate changes without employer consultation.
  • Can dismiss unsafe workers immediately.
  • What is the purpose of the joint health and safety committee in larger workplaces?

    <p>To ensure a more comprehensive approach to workplace safety. (B)</p> Signup and view all the answers

    What is one responsibility of the health and safety representative in the case of a critical injury or fatality?

    <p>To inspect the accident site and report findings. (C)</p> Signup and view all the answers

    What aspect of the health and safety representative's duties is guaranteed to be on paid time?

    <p>Inspection of the workplace for hazards. (A)</p> Signup and view all the answers

    What right does a health and safety representative have concerning workplace safety information?

    <p>To access information on hazards and industry safety standards. (B)</p> Signup and view all the answers

    According to Section 9 of the OHSA, why is a joint health and safety committee established?

    <p>To enhance collaboration between workers and management on health and safety. (D)</p> Signup and view all the answers

    What is the maximum fine for an individual convicted of an offence under the Ontario OHS Act?

    <p>$100,000 (D)</p> Signup and view all the answers

    What is the maximum fine for a corporation convicted of an offence under the Ontario OHS Act?

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

    What is the maximum penalty for a summary conviction offence under the Canada Labour Code?

    <p>Six months imprisonment or a $5,000 fine (A)</p> Signup and view all the answers

    Which of the following is a valid defense against OHS regulatory offences?

    <p>Mistake of fact (D)</p> Signup and view all the answers

    What duty does Section 217.1 of the Criminal Code impose on individuals?

    <p>To take reasonable steps to prevent bodily harm (A)</p> Signup and view all the answers

    What must a defendant demonstrate to successfully use the due diligence defense in an OHS violation case?

    <p>They exercised reasonable precautions (A)</p> Signup and view all the answers

    In a prosecution for an OHS offence, what role does the conduct of a manager or director play?

    <p>It is treated as the act or neglect of the accused (C)</p> Signup and view all the answers

    What does it mean for an organization to be charged with criminal negligence under Sections 22.1 and 22.2 of the Criminal Code?

    <p>It signifies a serious deviation from standard care by a senior officer (C)</p> Signup and view all the answers

    What requirement must be met before initiating a proceeding for an offence under the Canada Labour Code?

    <p>The Minister's consent is required (D)</p> Signup and view all the answers

    What term describes the shift in responsibility to prove reasonable precautions in an OHS violation case?

    <p>Onus (D)</p> Signup and view all the answers

    Who can be charged under the Occupational Health and Safety Act?

    <p>Any workplace party, including employers, supervisors, and workers (D)</p> Signup and view all the answers

    Which statement accurately describes the nature of OHS laws?

    <p>They are strict liability offences that can be mitigated (D)</p> Signup and view all the answers

    Which of the following is true regarding an indictable offence?

    <p>It can result in longer prison sentences and higher fines (B)</p> Signup and view all the answers

    Where can an information regarding an Ontario OHS Act offence be heard and determined?

    <p>Ontario Court of Justice (B)</p> Signup and view all the answers

    What is the statute of limitations for starting a proceeding for offences under the Canada Labour Code?

    <p>Two years (A)</p> Signup and view all the answers

    In the event of a conviction, what penalty can an offender face under the Occupational Health and Safety Act?

    <p>Fines imposed by the court (A)</p> Signup and view all the answers

    Who selects the members of the health and safety committee in a workplace?

    <p>Workers or their union select them. (D)</p> Signup and view all the answers

    What is the maximum time limit set for committee activities?

    <p>It is determined by the committee. (D)</p> Signup and view all the answers

    Under which section of the Act are employers required to consult with the health and safety representative or committee?

    <p>Section 11 (C)</p> Signup and view all the answers

    What does Section 12 allow workplace parties to request?

    <p>Annual summaries of health and safety data. (A)</p> Signup and view all the answers

    What is one of the regulations impacting health and safety committees?

    <p>Regulation 213/13: Working at Heights Training (C)</p> Signup and view all the answers

    How does Regulation 385/96 treat volunteer workers?

    <p>It emphasizes their roles without influencing workforce statistics. (C)</p> Signup and view all the answers

    Under the Canada Labour Code, what is the employee threshold for requiring a policy health and safety committee?

    <p>300 or more employees (A)</p> Signup and view all the answers

    What is required from employers regarding health and safety data sharing?

    <p>They must post it publicly. (D)</p> Signup and view all the answers

    What is the primary responsibility of the policy committee?

    <p>To develop health and safety policies and programs (A)</p> Signup and view all the answers

    Which workplaces are required to have a workplace health and safety committee?

    <p>Workplaces with 20 or more employees (B)</p> Signup and view all the answers

    What is the requirement for workplaces with fewer than 20 employees regarding health and safety?

    <p>They need to select a health and safety representative (D)</p> Signup and view all the answers

    Who is exempt from the requirement of having a workplace health and safety committee?

    <p>Employees working on ships, based on the ship (B)</p> Signup and view all the answers

    What section outlines the provisions for both policy and workplace health and safety committees?

    <p>Section 135.1 (B)</p> Signup and view all the answers

    What is the significance of a strong Internal Responsibility System (IRS) in the workplace?

    <p>It ideally resolves safety issues before a worker needs to refuse unsafe work (D)</p> Signup and view all the answers

    What is one of the key roles of the CLC II health and safety representative?

    <p>To act as a liaison between employees and management (C)</p> Signup and view all the answers

    What should workplaces aim for according to health and safety regulations?

    <p>To foster employee participation in safety decision-making (D)</p> Signup and view all the answers

    What is the primary role of the Labour Relations Act in the context of the workplace?

    <p>To facilitate collective bargaining between employers and trade unions (A)</p> Signup and view all the answers

    How does the Labour Relations Act influence Occupational Health and Safety (OHS) operations?

    <p>It encourages a balance between conflicting interests in the workplace. (C)</p> Signup and view all the answers

    What is the role of the joint health and safety committee in the context of OHS?

    <p>To ensure communication between employers and employees regarding safety (C)</p> Signup and view all the answers

    Which of the following statements about the Coroners Act is true?

    <p>Coroner's inquests are public but juries cannot apportion blame. (D)</p> Signup and view all the answers

    What must a coroner do if they suspect a death was not of natural causes?

    <p>Inform the regional coroner and Crown Attorney (B)</p> Signup and view all the answers

    Which section of the Coroners Act mandates the notification of the Chief Coroner when an inquest is necessary?

    <p>Section 19 (B)</p> Signup and view all the answers

    In the context of a coroner's inquest, what is the role of the jury?

    <p>To ascertain the circumstances surrounding a death (B)</p> Signup and view all the answers

    Which of the following statements about shop stewards in relation to OHS issues is correct?

    <p>Shop stewards may perform dual roles concerning OHS issues. (D)</p> Signup and view all the answers

    Flashcards

    Worker's Health and Safety Participation Rights

    Canadian health and safety laws give workers the right to participate in workplace safety programs, often through committees or representatives, acting as a check on employer responsibilities.

    Health and Safety Committee (JHSC)

    A committee of workers and employers, formed in larger workplaces to actively participate in safety practices.

    Worker Health and Safety Representative (rep)

    A worker chosen to monitor workplace safety in workplaces without a JHSC, in a smaller workplace, to ensure hazards are spotted.

    OHSA Section 8

    Ontario's Occupational Health and Safety Act section outlining the worker health and safety representative role in workplaces with 5-19 employees.

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    Monthly Workplace Inspections (Rep)

    The worker representative is required to inspect for hazards monthly in workplaces with 5-19 employees.

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    JHSC Composition

    In larger workplaces, health and safety committees are made up of both employees and employers.

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    Rep's Powers (OHSA Section 8)

    The representative has the right to identify hazards, recommend solutions, and get a response from the employer within 21 days.

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    OHSA Section 9

    Ontario's Occupational Health and Safety Act section governing the joint health and safety committee (JHSC).

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    Health and Safety Committees

    Committees selected by workers or their union to inform workers about health and safety issues. Committee members receive paid time for their activities, up to a set maximum.

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    Employer Consultation

    Employers must talk to health and safety representatives before workplace tests and give them important information.

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    Health and Safety Data Summary

    Annual summaries of health and safety data are requested from WSIB to allow for a system of checks and balances on information provided.

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    Working at Heights Training

    Construction workers need specific training about working safely at heights, updated every 3 years.

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    Volunteer Workers & Workforce Numbers

    Regulations differentiate regular and volunteer workers to avoid misrepresenting overall worker counts.

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    CLC II Policy Committee

    Federal workplaces with 300+ employees MUST have a policy health & safety committee. Smaller workplaces (20-299 employees) can choose to.

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    Minimum Employee Count (CLC II)

    300+ employees require a policy health and safety committee.

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    Optional Employee Count (CLC II)

    Workplaces with 20-299 employees can form a policy health and safety committee if they choose to.

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    CLC II Policy Committee Purpose

    This committee develops health and safety policies and programs for federally regulated workplaces.

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    Who Needs a Workplace Health and Safety Committee?

    Workplaces employing 20 or more workers must have a committee, but employees working on ships are exempt.

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    Workplace Committee Responsibilities

    These committees are responsible for identifying hazards, recommending solutions, and investigating accidents.

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    CLC II Committee Membership

    The committee must include worker and employer representatives, with a balance ensured.

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    Health and Safety Representative

    In smaller workplaces (<20 employees), a representative is chosen by employees or unions to monitor workplace health and safety.

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    CLC II Right to Refuse Unsafe Work

    Employees have the right to refuse unsafe work if they believe it poses an immediate danger to their health or safety.

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    CLC II Complaint Resolution Process

    This process provides a way for employees and representatives to formally address workplace health and safety concerns.

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    Other Canadian Jurisdictions

    Each province and territory in Canada has its own health and safety regulations and committees, often mirroring the federal model.

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    Criminal Negligence

    When an organization's senior officer fails to meet the standard of care required to prevent bodily harm, the organization can be charged with criminal negligence.

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    Occupational Health and Safety Act

    This law governs workplace safety and can be used to prosecute violations, leading to fines for employers, supervisors, and even workers.

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    What is the maximum penalty for a summary conviction offence under the Canada Labour Code?

    A summary conviction offence is punishable by a maximum penalty of a six-month prison sentence, a $5,000 fine or both.

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    What is an indictable offence?

    An indictable offence is more serious than a summary conviction offence and is punishable by a higher fine and/or longer prison sentence.

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    Statute of Limitations

    The Canada Labour Code sets a two-year limit for initiating legal proceedings related to offences.

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    Minister's Consent

    To initiate legal proceedings for an offence under the Canada Labour Code, the Minister's approval is required.

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    Corporate Liability

    Under the Canada Labour Code, not only the corporation as a whole is liable for offences, but also individual officers, directors, agents, or mandataries who were directly involved.

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    Evidence of Direction

    A written document purporting to be a direction under the Canada Labour Code can be used as evidence without needing to prove the authenticity of the signature or the authority of the person signing it.

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    OHS Act Offence

    Breaking Ontario's Occupational Health and Safety Act can result in fines up to $100,000 and/or up to 12 months in jail for individuals, or $1,500,000 for corporations.

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    Due Diligence Defence

    A defence to OHS charges where the accused proves they took every reasonable precaution possible to prevent the violation.

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    Official Documents as Evidence

    Certified copies of OHS documents (orders, decisions) are automatically admissible as evidence in court.

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    Manager's Actions = Company's Actions

    In Ontario, a manager's negligence is considered the company's negligence for OHS purposes.

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    OHS Laws: Strict Liability

    OHS laws are strict liability, meaning the employer is responsible even if they didn't intend to break the law.

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    Defence Onus

    Once an OHS violation is charged, the burden of proof shifts to the defendant to show they took reasonable precautions.

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    OHS Act Defence Provisions

    Different provinces have different defence options under OHS legislation. Ontario focuses on "every precaution", while federal uses "due care" and "due diligence".

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    Case Law Resources

    To stay up to date on OHS laws and court rulings, you need to refer to your jurisdiction's OHS website and recent case law on CanLII.

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    Labour Relations Act

    A law in Ontario that encourages cooperation and communication between employers and employees to improve working conditions and workplace safety.

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    Joint Health and Safety Committee (JHSC)

    A group of workers and management who work together to identify, prevent, and resolve workplace hazards. The JHSC plays a vital role in ensuring a safe workplace.

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    Shop Steward's Role

    A union representative who can be involved in OHS issues, helping workers understand their rights and advocate for a safe workplace.

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    Coroners Act

    A law that investigates deaths, especially those that aren't natural, to understand the cause and potentially prevent similar deaths.

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    Coroner's Inquest

    A public hearing where a jury examines the circumstances of a death, aiming to understand what happened and how it could be prevented.

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    Section 18.1 of the Coroners Act

    This section requires the coroner to notify the regional coroner and the Crown Attorney if they suspect a death wasn't due to natural causes.

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    Section 19 of the Coroners Act

    This section mandates an inquest if the coroner believes it's necessary to investigate the death further.

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    Section 31 of the Coroners Act

    This section outlines the purpose of an inquest, which is to determine the details of a death, like who, how, when, where, and why.

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    Study Notes

    Introduction

    • This module covers worker's rights to participate in workplace health and safety.
    • In large workplaces, this often means serving on safety committees to improve safety practices.
    • Safety committees act as a check on the employer's responsibilities.
    • Smaller workplaces may have one worker representative overseeing safety.
    • Specific roles and responsibilities of committees may vary in different regions of Canada.

    The Health and Safety Representative in Ontario (Section 8 of the OHSA)

    • The Occupational Health and Safety Act (OHSA) defines roles for worker health and safety representatives.
    • This role is crucial for workplaces with 5-19 employees.
    • Representatives are selected by the workers and are independent from employer influence.
    • A core duty of the representative is to inspect the workplace monthly for hazards.
    • Representatives must receive employer responses within 21 days for the recommendations or for disagreements.
    • Also have access to hazard information, industry safety standards, and can attend workplace testing.
    • In cases of critical injury or fatality, representatives can inspect the accident site and report to the Ministry of Labour.

    The Joint Health and Safety Committee in Ontario (Section 9 of the OHSA)

    • Required for larger workplaces (20 or more employees).
    • Includes worker and management representatives. At least 50% of committee members are non-managerial workers.
    • At least one worker and one management member must complete health and safety training.
    • Covers legislation, hazard recognition, and workplace specific hazards.
    • Legal requirements for JHSCs and H&S representatives based on the number of employees.
    • Mandatory requirement in workplaces with designated substances posing significant health risks.
    • Workplaces with 6 to 19 employees must designate a health and safety representative to oversee safety and act as a liaison between workers and management.
    • A JHSC is mandatory to oversee safety related to designated substances for this type of workplace.
    • For 20–49 workers, mandatory JHSC with a worker and management representative, certified in health and safety.
    • A JHSC is mandatory for workplaces with 50 or more employees.

    The Trades Committee (Ontario)

    • Workplaces with 50+ workers require a safety committee (Worker Trades Committee) in construction projects.
    • Committee is structured to cover health and safety concerns for workers in each trade.
    • If a project lasts less than 3 months or has less than 50 workers, a committee is not required.
    • Time spent on committee activities is paid, with a maximum time limit.

    The CLC II Policy Committee

    • The federal government approach has a different committee structure for health and safety.
    • Workplaces with 300+ employees are required to have a policy committee.
    • 20-299 employees may choose to have a policy committee.

    CLC II Health and Safety Committee

    -Mandatory for workplaces with 20+ employees (with specific exceptions).

    Committee Responsibilities

    • Address and resolve employee health and safety complaints promptly.
    • Implement necessary health and safety changes.
    • Conduct monthly workplace inspections.
    • Meet at least nine times per year.
    • Members protected from personal liability for actions taken in good faith.
    • Committees can set their own rules and terms of office, capped at two years.

    Committee Functions and Powers

    • The JHSC mirrors roles of the H&S rep.
    • Identifies hazards, makes recommendations, and requests information from the employer.
    • The response to recommendations must be provided within 21 days.
    • The necessity of consensus for decision-making has been removed.

    Safety Committee Responsibilities

    • Address and resolve employee health and safety complaints.
    • Implement changes affecting health and safety.
    • Conduct monthly workplace inspections,
    • Meet at least nine times per year (more if needed).

    The Right to Refuse Unsafe Work

    • Workers have a right to refuse unsafe work, and it is supported by legislation.
    • Reasons include unsafe equipment, unsafe workplace conditions, and workplace violence.
    • There are two stages, with the initial stage focusing on reporting concerns to management and conducting an investigation.
    • The second stage is employed if the supervisor concludes that there are no hazards but the worker still feels unsafe, where it requires objective proof and inspector involvement if required.

    Ontario Work Refusals

    • Includes outcomes like resolving the issue, disagreement, or inspector involvement.

    Work Stoppages

    • A method implemented when dangerous circumstances are identified, typically by a certified member of a joint health and safety committee.
    • The process involves investigating the complaint, with time counted as work time.
    • A bilateral work stoppage process involves both the employer and employee.

    WHMIS and GHS

    • Canada's WHMIS was established in 1988, and requires companies to have an accessible and comprehensive program.
    • The system helps the public and businesses to know and deal with hazardous materials in the workplace.
    • WHMIS was overhauled in 2015, adopting the globally harmonized system (GHS).
    • Supports the safety and health of workers in Canada.

    OHS Laws and Defences

    • Defences can be employed by defendants that are charged with violating OHS regulations.
    • This involves showing due diligence as a defence for OHS offences in the Canadian legal system.

    Subsidiary Legislation

    • Covers topics like the Employment Standards Act, the Human Rights Code, and the Coroners Act.

    Case Laws

    • Various cases provide information and examples regarding employee rights regarding their health and safety at work.
    • Explains legal defences for prosecutions, including due diligence.

    Responsibilities

    • These are defined regarding the duties of employers, supervisors, workers, and health and safety committees within the legislation.

    Summary

    • Provides a comprehensive summary of the legislation governing worker safety and the processes relating to worker health and safety.
    • Includes information regarding the duties of various stakeholders.

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    Description

    This quiz explores worker's rights and responsibilities concerning workplace health and safety in Ontario, particularly under the Occupational Health and Safety Act (OHSA). It emphasizes the role of safety representatives and committees, especially in smaller workplaces. Understanding these regulations is vital for fostering a safe work environment.

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