Occupational Health and Safety Legislation PDF

OBJECTIVE 1 Explain the general intent, power, and scope of Occupational Health and Safety (OH&S) Legislation. OCCUPATIONAL HEALTH and SAFETY LEGISLATIONT Occupational Health and Safety (OH&S) Legislation, regardless of the originating legislating body, specifies standards that must be followed to...

OBJECTIVE 1 Explain the general intent, power, and scope of Occupational Health and Safety (OH&S) Legislation. OCCUPATIONAL HEALTH and SAFETY LEGISLATIONT Occupational Health and Safety (OH&S) Legislation, regardless of the originating legislating body, specifies 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 of Occupational Health and Safety Legislation: federal and jurisdictional. 1. Federal legislation, in particular the Canadian Occupational Health and Safety (COHS) Regulations, which are specific regulations 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. 2. Jurisdictional legislation applies to all workplaces (except those under federal legislation) within a particular province or territory. Each province and territory in Canada has its 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. The regulations are frequently amended to ensure that changes in workplaces and processes are reflected. Page 3 of 56 These amendments also ensure that current, effective rules always exist to promote and maintain the health and safety of workers. As stated, not all workers are covered by jurisdictional legislation. Typical major exceptions to jurisdictional legislation are domestic workers, federal government employees, workers in federally regulated industries, and certain agricultural workers. An individual worker should know which legislation applies to them. It is the employers responsibility to ensure each worker is informed. Self-employed persons are generally treated as an employer. On Track Elements such as content, terminology, and definitions may differ between the jurisdictional legislations. However, the overall intent is very similar. Since it is impossible to refer directly to all jurisdictional legislation in this chapter, the British Columbia laws are referenced as a typical example of certain topics. It is helpful for learners to have a copy of their own specific provincial or territorial legislation. The most convenient and up-to-date source of legislation (both federal and jurisdictional) can be found on the internet at the appropriate government website(s). Hard copies can be obtained from government printers or borrowed from libraries or employers. All employers must have a copy of the OH&S Act and all regulations related to their business, and employers must make these accessible to workers The learner is encouraged to use the internet to find more detailed descriptions and information on all Canadian federal and jurisdictional safety legislation and programs. Websites for the following organizations and regulations are good places to start searching for further information: Canadian Occupational Health and Safety Regulations (COHS) Occupational Health and Safety Act and Regulation in the learners jurisdiction Canadian Centre for Occupational Health and Safety (CCOHS) Page 4 of 56