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?

To ensure a more comprehensive approach to workplace safety. 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?

To inspect the accident site and report findings. Signup and view all the answers

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

Inspection of the workplace for hazards. Signup and view all the answers

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

To access information on hazards and industry safety standards. Signup and view all the answers

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

To enhance collaboration between workers and management on health and safety. Signup and view all the answers

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

$100,000 Signup and view all the answers

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

$1,500,000 Signup and view all the answers

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

Six months imprisonment or a $5,000 fine Signup and view all the answers

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

Mistake of fact Signup and view all the answers

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

To take reasonable steps to prevent bodily harm Signup and view all the answers

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

They exercised reasonable precautions Signup and view all the answers

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

It is treated as the act or neglect of the accused 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?

It signifies a serious deviation from standard care by a senior officer Signup and view all the answers

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

The Minister's consent is required Signup and view all the answers

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

Onus Signup and view all the answers

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

Any workplace party, including employers, supervisors, and workers Signup and view all the answers

Which statement accurately describes the nature of OHS laws?

They are strict liability offences that can be mitigated Signup and view all the answers

Which of the following is true regarding an indictable offence?

It can result in longer prison sentences and higher fines Signup and view all the answers

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

Ontario Court of Justice Signup and view all the answers

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

Two years 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?

Fines imposed by the court Signup and view all the answers

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

Workers or their union select them. Signup and view all the answers

What is the maximum time limit set for committee activities?

It is determined by the committee. 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?

Section 11 Signup and view all the answers

What does Section 12 allow workplace parties to request?

Annual summaries of health and safety data. Signup and view all the answers

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

Regulation 213/13: Working at Heights Training Signup and view all the answers

How does Regulation 385/96 treat volunteer workers?

It emphasizes their roles without influencing workforce statistics. Signup and view all the answers

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

300 or more employees Signup and view all the answers

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

They must post it publicly. Signup and view all the answers

What is the primary responsibility of the policy committee?

To develop health and safety policies and programs Signup and view all the answers

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

Workplaces with 20 or more employees Signup and view all the answers

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

They need to select a health and safety representative Signup and view all the answers

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

Employees working on ships, based on the ship Signup and view all the answers

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

Section 135.1 Signup and view all the answers

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

It ideally resolves safety issues before a worker needs to refuse unsafe work Signup and view all the answers

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

To act as a liaison between employees and management Signup and view all the answers

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

To foster employee participation in safety decision-making Signup and view all the answers

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

To facilitate collective bargaining between employers and trade unions Signup and view all the answers

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

It encourages a balance between conflicting interests in the workplace. Signup and view all the answers

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

To ensure communication between employers and employees regarding safety Signup and view all the answers

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

Coroner's inquests are public but juries cannot apportion blame. Signup and view all the answers

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

Inform the regional coroner and Crown Attorney Signup and view all the answers

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

Section 19 Signup and view all the answers

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

To ascertain the circumstances surrounding a death Signup and view all the answers

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

Shop stewards may perform dual roles concerning OHS issues. Signup and view all the answers

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 Health and Safety Representatives and Joint Health and Safety Committees in Ontario

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.

Legal Protections

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.