Law and Ethics

Question 1

Tort Law

Answer 1

A tort is a private wrong other than breach of contract, recognized by law.

Question 2

Paramountcy Doctrine

Answer 2

Applies in Law if subject falls under provincial and federal law simultaneously. If provincial and federal environmental act conflict, the federal one takes priority (not more stringent one)

Question 4

Walsh-Healy Public Contract Act

Answer 4

1936 - First known legal adoption of standard for the allowable concentrations of chemicals in workplace air. In 1970 the USA OSHA was passed - significant for its adoption of the Walsh-Healy Standards for airborne chemical exposures.

Question 5

Commutative or corrective Justice

Answer 5

It is unfair to leave a alarm uncorrected and usually requires taking from wrong-doer to compensate victim. Similar to Tort Law.

Question 6

Strict Liability Offense

Answer 6

An offense that is severe enough that the defendant ought to have the right to make a die diligence defense.

Question 8

What are 5 types of stress management programs and which is least frequently implemented?

Answer 8

5 is least frequently implemented

1. Education/awareness building
2. Assessment-focused
3. Skill-building
4. Therapeutic/counselling
5. Organizational change/environmental change

Question 9

Year that first State compensation laws in USA were passed

Answer 9

1911 and by 1948 all states had passed such legislation

Question 11

Statutory Law

Answer 11

Laws passed by legislatures. These statutes are usually called acts.

Question 12

Utilitarianism

Answer 12

Based on the writings of John Stuart Mill. Ethical theory best described by “do whatever gets the greatest good for the greatest number.

Question 13

USA Federal Government Compensation ACT

Answer 13

1908 - Compensation act for some civil employees

Question 14

What are the main causes of action in Tort Law

Answer 14

Negligence, nuisance, trespass, civil assault, and strict liability

Question 15

Kantianism

Answer 15

Ethical theory based on duty. One decides if an act is wrong or right without looking at the consequences. Approach that contrasts utilitarianism. An act is moral if it was done to fulfill a duty just for the sake of the duty and not because the fulfilled duty brought the actor any benefits.

Question 16

Distributive Justice

Answer 16

Fairness in distributions. Distribute X according to pre-agreed criterion Y (need, ability to pay, merit, status)

Question 17

Based on Federal Legislation, a workplace H&S committee is required when the number of employees reached what figure?

Answer 17

20+

• Minister may exempt workplace from workplace committee if it is “relatively free from risks”
• Committee meets at least 9 times a year

Question 17

USA Mine and Safety Acts

Answer 17

1966 and 1969

Question 19

Absolute liability offense

Answer 19

An offense that is not as severe as a strict liability offense where a due diligence defense can’t be made. Example: parking ticket

Question 19

POGG clause

Answer 19

“Peace, order, and good government” AKA Residual Power
Decides which new subject matter is rendered law or not.
Two-pronged test:
1. Is the new subject of “national concern” or “national dimension” (i.e. does it cross borders?)
2. Is it a national emergency?

Question 19

Ultra Vires

Answer 19

Out of jurisdiction

Question 19

Alice Hamilton

Answer 19

20th century USA physician who documented evidence between illness and exposure to toxic chemicals. Subsequent laws were passed.

Question 20

Procedural Justice

Answer 20

Is fairness in the decision-making about others’ interests. “Fairness in process”. Requires unbiased decision making.

Question 21

Retributive Justice

Answer 21

Means fairness in punishment, where severity of punishment should match the severity of the harm for which the punishment is imposed. Discipline for OHS infractions is example.

Question 22

Why were no-fault workers compensation systems introduced in Canada?

Answer 22

The common law system did not adapt quickly enough to the new and emerging industrialized economy leaving the need for a new system

Question 23

What is the role of the Legislature with respect to law-making and the legal system?

Answer 23

Making the laws

Question 24

What is negligence in terms of the law?

Answer 24

Conduct falling below the established standard

Question 25

If a “bill” is introduced that a CRSP thinks will be detrimental to workplace health and safety when should he or she voice their opposition to it?

Answer 25

After the second reading when it goes to committee for scrutiny and possible amendment.

A bill receives three readings before the legislature. After the second reading it goes to “committee” where it is scrutinized and possibly amended. It is at this point that a CRSP can have some behind the scenes impact. Although political influence is best achieved before a bill is ever introduced to the legislature some impact can be affected after the second reading, before the third reading and final enactment

Question 26

What is the role of the courts with respect to law-making and the legal system?

Answer 26

Interpreting and applying the law.

The roles of the various parties in the legal systems are as follows: legislatures make the laws; courts interpret the laws; bureaucracies draft and administer the laws; police and inspectors enforce the law and the citizens vote for the law makers

Question 27

What is the role of the bureaucrats with respect to law-making and the legal system?

Answer 27

Drafting and administering the law.

The roles of the various parties in the legal systems are as follows: legislatures make the laws; courts interpret the laws; bureaucracies draft and administer the laws; police and inspectors enforce the law and the citizens vote for the law makers

Question 28

Can an OHS Professional be sued?

Answer 28

There is a duty of care implied in employment contracts. Traditionally where an employee has been careless the employer could fire or otherwise discipline the employee. There have been many cases of employers suing their employees for negligence. There are also many circumstances in which the OHS Professional for a company might give advice that is wrong and a serious accident occurs. The three types of scenarios suggested are follows: the employer could sue for negligence resulting in property damage or economic loss; a member of the community could sue for negligence resulting in personal injury or property loss; and the employer could sue for negligence to recover damages awarded to a third party.

Question 29

Volenti Non Fit Injuria

Answer 29

“assumption of risk rule”. If the worker became aware of hazards in the
workplace and did not quit his job he was deemed to have accepted the risks. Thus, only a new
worker or a worker injured by a hidden or latent hazard had any chance of success in court. This
rule still exists but has been watered down in the case of workplace lawsuits.

Question 30

Fellow servant rule

Answer 30

If the accident was caused by a coworker
to any degree, the employer was completely innocent. Today the damages would be
divided up on the basis of percentage of fault. AKA Doctrine of common employment

Question 31

8 points of the BCRSP Code of Conduct

Answer 31

1. Competence
2. Integrity
3. Respect in the Workplace
4. Ongoing professional development
5. Condifendentiality
6. Requirements
7. Support of the profession and other safety professionals
8. Support of the CRSP®/PSAC® Certification
9. Accountability (Adherence)

https://www.bcrsp.ca/newsroom/revised-code-ethics-effective-january-1-2016

Question 32

Define these tort law terms:
Prohibitory injunction
Mandatory injunction
Declaration

Answer 32

“prohibitory injunction” is an order by the court for the defendant to stop the activity.
“mandatory injunction” is an order for the defendant to take certain steps to control the problem.
“declaration” is a remedy whereby the court declares the status of something – someone is the “owner” of the property for example (or the father of the child).