Ch 8 Janine done Flashcards

1
Q

What are the 2 major statutes and regulations that address health and safety in BC?

A

Occupational Health and Safety Regulations (OHSR)

Workers Compensation Act (WCA)

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2
Q

What is the focus of the OHSR?

A

Promote safe and healthy workplace

Prevention of work-related diseases

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3
Q

What is the focus of the WCA?

A

Compensation and rehabilitation of injured workers.

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4
Q

What is the Joint Occupational Health and Safety Committee?

A

Committee in workplaces that address health and safety concerns in the workplace. Made up of equal numbers of management and employees.

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5
Q

Who’s covered under OHSR?

A

Every employer and employee who’s occupational health and safety are usually the jurisdiction of the provincial government.
Anyone paid to perform work.
Anyone paid to supply a service.

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6
Q

What is the definition of a workplace under WCA s.109?

A

Any place where a worker is or is likely to be engaged in any work and includes any vessel, vehicle, or mobile equipment used by a worker in work.

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7
Q

What workplaces are not covered under WCA s.109?

A

Workplaces under the federal Canadian Labour Code
Farming operations
Workplaces where the work is done by an owner, occupant, or servant in a private residence.

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8
Q

What are the key features of Occupational Health and Safety provisions?

A
  1. focus on prevention of workplace accidents and diseases
  2. Shared responsibility for health and safety between employers, employees, and the government.
  3. In addition to general rights and responsibilities, there are special requirements for specific industries.
  4. All ‘workers’, not just employees are covered.
  5. Workers have three core rights.
  6. Penalties for violation up to $618,730.96 or imprisonment.
  7. Administered by the Ministry of Labour, Citizens’ Services, and Open Government BC.
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9
Q

What is the employer’s duty under WCA?

A

To take every reasonable precaution to protect the health and safety of workers, such as;
1. comply with legislation, regulations, and orders
2. Establishing health and safety policies, and programs
3. Providing and maintaining protective equipment, devices, and clothing.
4. Reporting accidents, injury, or illness
5. Ensuring workers are informed of -
All known or foreseeable hazards
Their rights and duties under the legislation
Information, training, and supervision respecting their health and safety.
6. Posting regulations
7. help the JHSC and health and safety reps carry out their duties
8. Cooperate with WCB
9. Refuse to employ underage workers
10. keep accurate records of biological, chemical, or physical agents required by the regulations

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10
Q

What is internal responsibility system?

A

Shared responsibility between employers, employees, and government. Much of it falls onto the joint health and safety committees in the workplace.

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11
Q

What are the core worker rights?

A
  1. Right to participate (through JHSC or rep) in identifying and resolving health and safety concerns.
  2. Right to refuse unsafe work they believe is a danger to themselves or another worker.
  3. Right to know about potential hazards they many be exposed to.
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12
Q

What are the workers’ duties?

A
  1. Work in compliance with the OHS rules
  2. Use protective equipment and clothing
  3. Report any missing or defective equipment and known workplace hazards
  4. Not engage in horseplay or similar conduct that endangers oneself or others
  5. Ensure ability to work is not impaired by alcohol or drugs
  6. Cooperate with the JHSC
  7. Cooperate with the WCA
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13
Q

What are the terms of employees right to refuse unsafe work?

A

Every worker has the right to refuse work when he has reasonable cause to believe that the equipment, physical condition of workplace, or a contravention of the legislation relating to his equipment or work pace would “create an undue hazard to the health and safety of any person”.
If there is a dispute, employer must investigate and WCB is called in with authority to issue orders.

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14
Q

What is WHIMIS

A

The Work Place Hazards Information System that is a national right to know system applying to all industries and workplaces.

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15
Q

According to WHIMIS, what must employers provide?

A

An inventory of hazardous materials
Material safety data sheet
Labels
Instruction and training to employees

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16
Q

What governs the use, storage, and handling of hazardous materials in the work place?

A

the federal Hazardous Products And and the Controlled Products Regulations

17
Q

Who has the duty to report accidents?

A

The worker must notify the employer as soon as practical or a prescribed form, and the employer has a duty to report the accident to WCB within 3 days.

18
Q

When does the employer have to report serious injury or death to WCB?

A

Immediately.

19
Q

Following any accident, the employer should…

A

Arrange medical assistance for the injured worker
lock out machinery or equipment
secure the accident site
notify the appropriate parties

20
Q

Penalties for non-compliance

A
  • Civil or criminal penalties through WCA

- Strict liability offenses

21
Q

What is a defense a company can use?

A

Due diligence - can show through documentation that it took reasonable steps to comply with the standards.