7.0 OH&S

Question 1

H&S Law

Answer 1

Made up of common law tort principles and prov/fed legislation

Question 2

OH&S

Answer 2

Improves working conditions thru safety requirements, enforced by fines and people

Harassment included

When incident occurs follow report procedures

The SK Employment Act

Compensated thru this legislation, workers give up right to sue (tort liability) their employees for personal injury

Reg’s enforced by site visits from gov

EVERYONE IS RESPONSIBLE FOR WORKERS SAFETY

Question 3

OH&S Rights

Answer 3

1. Right to be informed of hazards in workplace
2. Right to participate in accident prevention
3. Right to refuse to do dangerous work

Question 4

Environmental Law

Answer 4

Mix of common law and statutory regulation

Common claims: trespass, nuisance, misrepresentation, strict liability

Prov/fed Reg’s to clean up and impose criminal penalties

Legislation for economic development

Question 5

ESA stages

Answer 5

1. Gather info
2. Site investigation and assessment of contamination
3. Description of contamination and remediation options

Question 6

Environmental Audits

Answer 6

Assess contamination, compliance and risk

provide defence for environmental claims

Protect health

Reduce remediation expenses

Due diligence

CSA and ISO set guidelines for enviro audits

Question 7

Environmental offences

Answer 7

Violation of prov/fed statutes

Eg. Contamination soil, failure to cooperate/creat records

Most offences are strict liability and the only defence is to prove due diligence

Question 8

Criminal law

Answer 8

2004 Criminal code offences entered OH&S areas of the law thru Bill C-45 (criminal liability of organization)

Reaction to the west ray mine disaster in NS 1992

Provides a LEGAL DUTY FOR ALL PERSONS DIRECTING WORK and sets of sentencing factors

Need to prove due diligence (same as enviro)

Criminal charge: right to remain silent
OH&S: obligation to provide full cooperation