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Law > ENH 121 Final Exam > Flashcards

ENH 121 Final Exam Flashcards

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1
Q

What are some designated substances?

A
  • Arsenic
  • Benzene
  • Ethylene Oxide
  • Lead
  • Mercury
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2
Q

What is a competent person?

A

A person who is qualified due to their knowledge, training, and experience.

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3
Q

Direct vs Contributed Responsibility

A

direct is someone who is directly responsible for the organization of work.
Contributive contribute to safe production in work.

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4
Q

Example of direct and contributive

A

direct - employer, director, supervisor, worker.
contributive - union

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5
Q

Definition of the following;
factory
constructor
certified member
industrial establishment

A
  1. building or place where manufacturing process.
  2. person undertaking a project for an owner.
  3. a committee member who certified under section 7.6
  4. any building, office, factory, etc.
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6
Q

Application of OHSA

A

it binds the crown and applies to employees in service of the crown.
doesn’t apply to work performed by owner.

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7
Q

What is IRS - internal responsibility system?

A

everyone is responsible for health and safety of their job. directly and personally.

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8
Q

who has Duties of OHSA

A

employers, constructors, supervisors, suppliers, etc.

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9
Q

duty of employers?

A

it is their duty to make sure equipment, materials are provided and in good condition.

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10
Q

What is Property Law?

A

concerned with ownership, buying and selling.

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11
Q

Duties of Liability act?

A

someone who posses a premises, or responsible for condition of premises. It is an occupier.

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12
Q

trespassing and property law relation

A

the occupier can sue a trespasser (I is a private law). It is the occupiers premises not a public area.

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13
Q

what are the coloured signs for trespassing?

A

red - prohibitory subsections 3 and 4
yellow -giving a prohibitory notice except for certain actions. subsections 3 and 4.

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14
Q

when can an entrant sue an occupier?

A

if there’s no signs or nothing specific telling them what they can or can’t do. example, sign says no fishing, and the entrant is just watching the water.

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15
Q

What are the 3 workers right?

A

right to participate -
right to refuse -
right to know -

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16
Q

What is the joint health and safety?

A

required where 20 or more workers are employed.

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17
Q

Who has the right to refuse work>

A
  • workers who believe there is a danger in the workplace.
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18
Q

Employer Avoiding Reprisals

A

An employer can not dismiss a workers concern.

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19
Q

What is WHMIS and its purpose?

A
  • workers need to know about chemicals and toxins.
  • it gives them the right to know about hazards.
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20
Q

Which government has jurisdiction over WHMIS?

A

The provincial and federal government have power over the parts of WHMIS.

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21
Q

What is the purpose of HPPA?

A

provides organization and delivers public health programs and services.

22
Q

What is Public Health?

A

a public place or portion of the public is HPPA.

23
Q

Who’s job is it to inspect/duty to inspect?

A
  • every medical officer of health inspects or can cause the inspection of health unit.
24
Q

What is section 13?

A

regarding health hazards in a premises.
- can be directed to an occupier of the area.

25
Q

What is section 22?

A

A medical officer can require a person to do an action because they believe there is a communicable disease.
They may be at risk of an outbreak.

26
Q

What are the conditions for order 22?

A

required cleaning or disinfecting, isolation, occupier closing infected premises, etc.

27
Q

Who does Medical health officer report to?

A

They report to the ministry and Ontario agency with regards to diseases of public health, or just in general.

28
Q

What do physicians or nurses do if someone refuses treatment?

A

They report to a medical officer.
- They give the name, address, etc of the individual.

29
Q

When is an order made by a court regarding disease?

A

When person fails to comply with MOH order, the court will make an order about the communicable disease.

30
Q

What happens if the person withdraws from treatment made by MOH order?

A

The person will be deemed to have failed to comply with the MOH order, under section 35.

31
Q

Summarize Section 43 warrants

A

It is where access is granted to a premises to make examinations, investigations, samples, tests, etc.

32
Q

What can happen if an inspector denied access to premises under sec43?

A

An inspector appointed by minister, MOH, etc that is denied access can issue a warrant to enter the premises and do what section 43 says, with the assistance of police if force is necessary.

33
Q

What happens if someone refuses treatment set by an MOH?

A

The medical officer of health will file a report to the court of justice and they will make an order against that person. Basically it is passed to the court of justice.

34
Q

What is a set fine?

A

A set fine is certain amount set by the court that needs to be paid.

35
Q

What happens if you don’t show up to trail?

A

You are deemed to plea guilty if you do not show up to trial.

36
Q

What is summons?

A

It is where the defendant must attend court at the time and date specified.

37
Q

How does the defendant receive the summon?

A

it’ll be delivered to them personally, if reside outside Ontario, it’ll be mailed to them.

38
Q

What is POO - provincial offences officer?

A

Anyone from police officer, constable, municipal law enforcement, etc. Ministry of labor and PHI are POOs.

39
Q

Who designates a POO?

A

Minister of the crown will designate them.

40
Q

What is the purpose of POA?

A

POA is typically for smaller things. It distinct between provincial and criminal offences.

41
Q

What are document names associated with POA?

A
  • Summons
  • Offence Notice
  • Certificate of Offence
42
Q

What is an Affidavit of Service?

A
  • A service that is made by someone other than a provincial officer who issued the offence.
43
Q

How long before a person is found guilty to respond to offence?

A

15 days after receiving the offence, the person must respond, otherwise they are deemed to plea guilty.

44
Q

What should be on a summons?

A
  • the offence, directed to the defendant
  • require the defendant to attend court.
45
Q

What is the service of summons?

A
  • It must be given to the person by delivering it personally or leaving it at persons residence.
46
Q

What is pHI duty to inspect?

A

they all have a duty to inspect health unit to prevent, eliminate and decrease the effects of health hazards in the unit.

47
Q

What is due diligence?

A

It is a persons defence to a charge that they may have breached in some way.

48
Q

Employer duties?

A
  • To ensure equipment, materials, etc are safe and provided.
  • good condition.
49
Q

When is a health and safety rep required?

A
  • They need a rep when the workers exceed 5.
50
Q
A

Law (3 decks)

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