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Enh 121 Environmental Law > Final 1 > Flashcards

Final 1 Flashcards

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1
Q

Is it the government’s job to directly make the workplace safer oneself?

A

No, that’s why the ERS and the IRS are created 

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2
Q

Is it a committee job to make the workplace safe?

A

No, it is everyone’s responsibility as an individual within the workplace to make the workplace safe

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3
Q

Who is most responsible for the occupational health and safety within the workplace?

A

The employer is primarily responsible for OHS 

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4
Q

Within the legal version of the IRS, who has authority?

A

Every individual has duties

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5
Q

What is the IRS (internal responsibility system)?

A

IRS is a multi party system
IRS helps resolve many of our current issues in OHS
IRS is a way of allocating responsibility, authority and accountability for safety that proceeds laws

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6
Q

What are the core concepts of the IRS?

A

Framework for due diligence
Animates OHS management system
90% of what people call safety culture
Resolves conflict between system approach and behaviour based safety
Overcome complacency and plateauing
The evolved to phase 2 quality and creativity

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7
Q

What is the frat house problem?

A

Everyone shares responsibility for health and safety of persons in the workplace

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8
Q

What is the Spider-Man principal?

A

Primary responsibility for creating and maintaining a safe and healthy workplace should be that of each in the workplace, to the extent of each part, authority, and ability to do so

With great power comes great responsibility

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9
Q

What is the Birket report 1981?

A

Direct responsibility for safe production, extends to those who are directly responsible for the organization of work
The joint federal provincial inquiry commission into safety and mine and mining plants in Ontario

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10
Q

What is contributive responsibility?

A

Responsibility extends to those, although not directly responsible for the performance of work, our in a position to contribute to safe production, through consultation, advice, audit inspection, etc.

To health and safety committees, safety department unions, the mines accident prevention, Association of Ontario and the mine health and safety branch

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11
Q

Are health and safety committee safety department local unions seen as decision-making authority?

A

No, they are rather viewed as immune to improving the quality and sensitivity of the decisions emanating from within the direct responsibility system

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12
Q

What is the role of the government for occupational health and safety?

A

They defined the minimum safety performance acceptable, and promoting compliance with the requirements establish
Legislation is basic instrument for carrying out this role

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13
Q

What are some positions for direct responsibility?

A

Employer, Director, President, managers, supervisor, worker

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14
Q

Who are the people that use contributive responsibility?

A

HNS committee, HS, rep, HS department, union

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15
Q

What are the three rights for the IRS?

A
  1. To know about hazards.
  2. To refuse, unsafe work.
  3. To participate (through committee)
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16
Q

What groups manage OHS through the committee?

A

Labour and management

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17
Q

Who comprises the committee for the IRS?

A

Workers have representatives
Management have representatives

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18
Q

What is the correct description for the IRS (internal responsibility system)?

A

Element of OHS management system
Individualistic
Primarily about duties
Monitored and supported by the committee
Connected to due diligence
Insure regulatory compliance

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19
Q

From least to greatest who fixes most problems?

A

A few problems fixed by senior management
Some problems fixed by cooperation between the supervisors and the workers
Majority of the problems fixed by individual workers

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20
Q

For greatest to least who are the individuals that deal with issues?

A

Some issues dealt with by directors
Majority of issues dealt by officers
Some issues dealt with by managers
Some issues dealt by supervisors
Few Issues identified reported by workers

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21
Q

What is the result of a successful IRS?

A

Result in risk being continually driven down so that there will be progressively longer interval between accidents or work related illnesses

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22
Q

What are some duties for the Frontline workers?

A

Follow regulatory procedures
Follow employer procedures
Follow supervisor procedures
Identify defects, contraventions, and danger
Identify opportunities for improvement
Applied discretion to solve OHS problems
Unsolvable problems and opportunities for improvement

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23
Q

What duties are for Frontline supervisors in terms of occupational health and safety?

A

Coach and train
Job observation
Job planning
Safety talk in Tailboard conferences
Enforce rules and regulation
Discipline
Taking problems and opportunities to senior management

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24
Q

What are the occupational health and safety duties for managers?

A

OHS performance evaluation
Holding other accountable
Implementing programs
Considering systemwide problems
Taking problems and opportunities to more senior management

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25
Q

What are the duties for senior people in terms of occupational health and safety?

A

Policy
Competent professionals
Sufficient resource allocation
Leadership
Holding subordinates accountable
Insured development of an OHS system
Ensure periodic system audits

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26
Q

What is the Nova Scotia legislation?

A

Act that describes international responsibility based on the principles that employers, contractors, contractors, employees, and self-employed persons at a workplace, owner of workplace, a supplier of good to provider of a occupational health and safety service to workplace or an architect or professional engineer, all of whom can affect the health and safety of persons at the workplace, share the responsibility for the health and safety of the persons at the workplace

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27
Q

What is the continued Nova Scotia legislation points?

A

The primary responsibility for creating and maintaining a safe and healthy workplace should be that if each of these parties to the extent of each parties, authority and ability to do so

Includes framework for participation, transfer of information or refusal of unsafe work, all of which are necessary for the parties, to carry out their responsibility pursuant to this act and the regulations and

Nova Scotia legislation supplemented by role of the occupational health and safety division of the department of labor, which is not to assume responsibility for creating a maintaining safe and healthy workplaces, but to establish, and clarify responsibilities of the parties, under the law, and to support them, carrying out the responsibilities, and to intervene appropriately when those responsibilities are not carried out

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28
Q

What does the lieutenant governor do in terms of regulations for the ontario OHSA?

A

Lieutenant governor can make such regulations as our advisable for health or safety, or persons, in or about the workplace

29
Q

What is the competent person?

A

Qualified individual due to knowledge, comment, training, and experience to organize the work and its performance
Familiar with the provisions of this act and the regulations that applied to the work
Has knowledge of any potential or actual danger to health or safety in the workplace

30
Q

What is construction definition for OHSA?

A

Includes erection, alteration, repair, dismantling, demolition, structural, maintenance, painting, land, clearing, earth, moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concentrating, the installation of any machinery, or plant, and any work or undertaking in connection with the project, but does not include any work or undertaking underground in a mine

31
Q

What does project mean for OHSA definitions?

A

Means construction project, whether public or private, including construction of building, bridge, structure, etc.
The moving of a building or structure, and
Any worker or undertaking, or any or appurtenances use in connection with construction

32
Q

What does construction project mean?

A

Verb from construction and noun from project. Then the construction regulation applies.

33
Q

What does constructor mean?

A

Person who undertakes a project for an owner, and includes an owner who undertakes all or part of a project by himself, or buy more than one employer

34
Q

What does deputy minister for OHSA definitions mean?

A

mean, deputy minister of labour

35
Q

What does designated substances mean?

A

Biological, chemical, or physical agent, or combination there of prescribed as a designated substance to which the exposure of a worker is prohibited, regulated, restricted, limited, or controlled

36
Q

What does Director mean?

A

Inspector under this act is appointed as a Director, for the purposes of this act

37
Q

What does employer mean?

A

A person who employees one or more workers or contracts for the services of one or more workers that includes a contractor or subcontractor, who performs work or supply services

38
Q

What does factory mean?

A

Building or place other than a mine mining plant or place where homework is carried on, where any manufacturing processes, or assembling in connection with the manufacturing of any goods or product, is carried out

In preparing manufacturing, repairing adapting for higher or sell any substances, energy is used for work, any machinery, or device, or modified in any manner

Any work performed by way of trade or proposed gain in our incidental to the making of goods, substances, article or thing

Aircraft, locomotives, or vehicles, use for private or public transport are maintained

Laundry, including a laundry, operated in conjunction with, a public or private hospital, a hotel, public or private, institution for religious chair, charitable, or educational purposes

39
Q

What is hazardous material?

A

Biological or chemical agent named or described in regulations as hazardous material

40
Q

What is hazardous physical agent?

A

Physical agent described in the regulations as hazardous physical agent

41
Q

Health and safety representative?

A

Health and safety representative, selected under the act

42
Q

What does homework mean?

A

Doing any work in the manufacturer, preparation, improvement, repair, alteration, assembly, or completion of any article or thing, or any part there of within the living accommodation you live in

Essentially, doing work at home is homework. When you’re doing work for pay while at your home, where you live, eat, and sleep that’s refereed as homework.

43
Q

What does industrial establishment mean?

A

Office building, factory, Anna, shopper, office, and any land, buildings, and structures

44
Q

What is an inspector?

A

Inspector appointed for the purposes of this act includes the Director

45
Q

What is labour relations officer?

A

Labor, relations, officer appointed under the labour relations, act, 1995

46
Q

What is a license?

A

Person who holds a license under part three of the crown for sustainability act, 1994

47
Q

What does logging mean?

A

Operation of filling or trimming trees for commercial or industrial purposes, and includes the measuring, storing, transportation, or floating of logs, etc.

48
Q

What does mine mean?

A

Any work or undertaking for the purpose of opening up, proving, removing or extracting any metal or non-metallic mineral or mineral bearing substances

49
Q

What is mining plant?

A

Any roasting or smelter furnace, concentrator, mill or place use for connection with washing, crushing, grinding, treating or research on any substance mentioned in the definition of mine

50
Q

What is occupational illness?

A

Condition that results from exposure in a workplace to physical, chemical, or biological agent to the extent that the normal physiological mechanisms are affected, and the health of the workers impaired

51
Q

Office or the employee adveriser?

A

Office continued under subsection, 176 (two) of the workplace safety and insurance act, 1997

52
Q

What is an owner?

A

Because trustee, tenants, Lisi, or occupy of any lands on premises, used to be used as a workplace, and a person who acts for or on behalf of an owner as an agent or delegate

53
Q

What is a Shop question

A

Building, booth or stall were good, are handled, exposed, or offered for sale or where services are offered for sale

54
Q

What is the supervisor?

A

Person who is in charge of a workplace or authority over a worker

55
Q

What is a trade union?

A

Organization recognized by the labour laws as the exclusive representative for workers in a specific workplace

Includes organization representing workers, or individuals covered by these laws, especially if they have exclusive rights to negotiate on behalf of these workers, either under the labour act or any other related laws

56
Q

Who is not considered a worker?

A

an inmate of a correctional, institution, or like institution or facility, who participate inside the institution of facility in a work project or rehabilitation program

57
Q

What is a worker?

A
  1. person performs work or supply services for monetary compensation.
  2. Secondary school student who performance work for supply services for no monetary compensation under work experience program.
  3. Person performs work or supply services for no monetary compensation under program approved by university.
  4. Other person may be prescribed to perform workers supply services to employer for no monetary compensation
58
Q

What is the workplace?

A

Land, premises, location, which worker works

59
Q

What does workplace harassment mean?

A

Engaging in a course of vexatious comments, or conduct against a worker in a workplace that is known or out, reasonably to be a known to be unwelcome

Play sexual harassment

60
Q

What is workplace sexual harassment?

A

Course of vexatious Sweet dreams I think you’re going to sleep and then call you back on my phone, comment, or conduct against worker and workplace because of sex, sexual orientation, gender, identity, gender expression, known to be unwelcome
You just

Sexual solicitation where the person making the solicitation advance in the position to confirm, grants, or they benefit or advance within the workplace

61
Q

What is workplace violence?

A

Exercise of physical force by a person against a worker in the workplace

Attempt to exercise physical force against a worker that could cause physical injury

Statement of behaviour that is reasonable for worker to interpret as a threat to exercise physical force against the worker that can cause physical injury

62
Q

What is specific example about ships in terms of projects

A

Shipping, manufactured or under repair shall be deemed to be a project

63
Q

Is there a reasonable action taken by employer relating to management workplace harassment?

A

No, a reasonable action taken by the employer or supervisor relating to the management direction of the worker of the workplace is not workplace harassment

64
Q

What is the application of the OHSA?

A

Act binds to the Crown and applies to an employee in service of the crown

Act does not apply to work performed by the owner or occupant, or a servant of the owner or occupant in a private residence

This act does not apply to farming operations

65
Q

What is the Ontario regulation farming operations?

A

The act used for farming operations, however this act does not apply to a farming operation operated by self-employed person without any workers

66
Q

What is the exception for the Ontario regulation, farming operations act?

A

That doesn’t apply to a person who is employed as a teacher has defined the education act or

A person who is employed as a member or teaching assistant of the academic staff of the university or related institution

67
Q

Is an academic staff or teaching assistant under the farming, operations act?

A

No, academic staff, and teaching assistance are considered to be under OHSA

68
Q

Who is in charge of administering the OHSA act?

A

The minister

69
Q

What are the goals for administering OHSA?

A
  1. Promote occupational health and safety, promote the prevention of workplace injuries and occupational disease.
  2. Promote public awareness of occupational health and safety.
  3. Educated employers, workers, and other person about occupational health and safety.
  4. Foster commitment to occupational health and safety among employees, workers, and others.
  5. Make grants, and mountain terms as the minister consider advisable to support, occupational health and safety.

Enh 121 Environmental Law (4 decks)

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