Occupational Health and Safety Legislation PDF

Safety Management Systems • Chapter 14 f£ ilr'ijll OBJECTIVE 1 OCCUPATIONAL HEALTH AND SAFETY LEGISLATION Occupational health and safety legislation, regardless of the originating legislating body, spect&es standards that must be followed to protect the health and safety of workers. The primary...

Safety Management Systems • Chapter 14 f£ ilr'ijll OBJECTIVE 1 OCCUPATIONAL HEALTH AND SAFETY LEGISLATION Occupational health and safety legislation, regardless of the originating legislating body, spect&es standards that must be followed to protect the health and safety of workers. The primary goal of such legislation is to ensure a safe and healthy work environment for all workers, regardless of their industry. The legislation specifically outlines the rights and responsibilities of both the worker and the employer with regard to workplace safety. In Canada, there are two levels ofOH&S legislation - Federal and Jurisdictional. • Federal legislation, in particular the "Canada Occupational Health and Safety (COHS) Regulations", which is a specific Regulation under the Canada Labour Code, only applies to federal workplaces and any "federal work, undertakings or business". However, there is other federal legislation, related to workplace safety, that applies to all workplaces in Canada. One notable example is BILL C-45 (part of the Canadian Criminal Code), which defines the legal duties for workplace health and safety, and imposes serious penalties for violations that result in injuries or death. • Jurisdictional legislation applies to all workplaces (except those under federal legislation) within a particular province or territory. Each province and territory in Canada has it's own specific "Occupational Health and Safety Act (OH&S Act)", although the exact titles of these acts may differ. Each act is divided into several sections, giving specific direction to employers and employees. Many Regulations" are also made under the Act and become part of the act. Frequent amendments occur to ensure that changes in workplaces and processes are reflected and that current, effective rules always exist to ensure the health and safety of workers. As stated, not aU workers are covered by jurisdictional legislation. Typical major exceptions are domestic workers, federal government employees, workers in federally regulated industries and certain agricultural workers. An individual worker should know which legislation applies to him or her. It is the employer's responsibility to ensure each worker is informed. Self-employed persons are generally treated as an employer. Note: The content, terminology, definitions, etc. may differ between the jurisdictional legislations. The overall intent, though, is very similar. Since it is impossible to refer directly to all jurisdictional legislation in this chapter, the Alberta and British Columbia laws are referenced as typical "examples" of certain topics. It would be helpful for students to have a copy of theu- own specific provincial or territorial legislation. The most convenient and up-to-date source of legislation (both federal and jurisdictional) is on the internet, at the appropriate government website(s). Hard copies can be obtained from the government printers or borrowed from libraries or employers. AH employers must have a copy of the Act and regulations related to their business and make them accessible to workers. The student is encouraged to use the internet to find more detailed descriptions and information on aU Canadian federal and jurisdictional safety legislation and programs. It is recommended that a "search" be done for the websites of: CanOSH (Canadian Occupational Health and Safety) CCOHS (Canadian Centre for Occupational Health and Safety) 3rd Class Edition 2.5' Part A2 (II