Final Exam - Chp 2

Question 1

what is the internal responsibility system (IRS)

Answer 1

the IRS assumes that workers and employers have a shared responsibility for workplace health and safety.

Question 2

what is due diligence

Answer 2

due diligence is taking reasonable precautions and steps to prevent injury, given the circumstances

Question 3

what is the 3 part test for due diligence

Answer 3

1. Foreseeability - reasonable er’s are expected to know about the hazards of their business. Injuries that arise from events that other operators in the industry might occur are foreseeable events.
2. PReventability - “ “ to take steps to prevent injury. Steps include Hazard Id, preparing & enforcing safe working procedures, training, compliance.
3. Control: “ “ to take action on hazards that they can control.

Question 4

what are workers three safety rights

Answer 4

1. Right to know, 2. Right to participate, 3. Right to Refuse

Question 5

what are some criticisms of IRS

Answer 5

1. Declining employee participation - workers should be able to speak out but fear employer retribution. the growth of precarious employment has decreased willingness to speak out
2. Inadequate enforcement: varies between provinces, only every 14 yrs in Alberta, 18 days to respond to a complaint, inadequate resources
3. Fracturing of employment: growth in small & medium enterprises (SMEs) problematic for many reason, so many under inspection by the state, part of contracting unclear who is responsible for OHS.

Question 6

what is the unions role in OHS

Answer 6

1. negotiate provisions in CA to strength worker safety rights
2. workers may gain increased knowledge of hazard & their legal right through union education
3. workers likely to exercise their right knowing they are protected from reprisal
4. worker participation on JHSCs can be more effective due to union training
5. unions have own safety experts who can offer info independent of employer

Question 7

does safety pay

Answer 7

no, if it did we would see fewer injuries because employers would eliminate injuries and organize work safely. This does not occur and employers fill to take safety precautions, cut corners or ask workers to work as quickly as possible. ER”s can externalize many of the cost by passing onto workers, their families and taxpayer.

Question 8

what are the Meredith Principles

Answer 8

1. No fault
2. Accident Fund
3. Collective Liability
4. Independent administration: wcb operates independently of employers
5. Exclusivity