LEG Flashcards
- Rank the three levels of legislation in Canada in the correct order. (p. 6)
Federal
Provincial
Municipal
- Identify the four common characteristics of regulatory law. (p.7)
Focuses on public welfare
Uses some combination of regs, codes and/or rules
Applied strict liability for offences
Allows for a due diligence defense
- List the three factors to be considered in due diligence. (p.7)
Foreseeability
Preventability
Control
- Identify common characteristics of the basic types of legislation. (p.8)
Acts - (umbrella)
- permit a government to regulate and area
- assign general obligations, duties, and/or responsibilities to individuals and/or organizations
- allow a government to create other legislation such as regulations, codes and/or rules to support the act
Regs/Code/Rules
- assign more specific duties/responsibilities to individuals
- describe more specific actions that must be taken by individuals
- outline specific procedures that must be followed
- adopt standards from organizations that must be followed (csa, ansi)
- Identify the two main pieces of Federal OHS legislation. (p.9)
Canada Labour Code (Part II) (similar to AB ohs act)
Canada OHS Regulations (similar to AB ohs code)
- Identify the four most common referencing components used in Alberta’s OHS legislation. (p.13)
Section
Clause
Subsection
Subclause
S. 3 (1) (a) (i)
- Locate sections in the OHS legislation given a reference. (p.14)
- Answer questions using Alberta’s OHS Act. (p.15)
- Describe the three worker rights outlined in the OHS Act. (p.16)
Right to know (hazards and ways to eliminate/control them)
Right to participate (in health and safety activities)
Right to refuse (dangerous work)
- Define disciplinary action. (p.16)
Any action or threat threat of action by a person that does or would adversely affect a worker with respect to any terms or conditions of employment
- Identify titles of Parts in the OHS Code. (p.19)
Hazards
Specifications and certifications
Chemical & biological hazards, harmful substances
Confined spaces
Cranes, hoist and lifting devices
Emergency preparedness and response
Entrances, walkways, stairways and ladders
Fall protection
Fire and explosion hazards
First aid
General safety precautions
HSC/HSR
Lifting and handling loads
Managing the control of hazardous energy
Noise exposure
Overhead power lines
Personal protective equipment
Powered mobile equipment
Radiation exposure
Rigging
Safeguards
Scaffolds and temporary work platforms
Toilets and washing facilities
Tools, equipment and machinery
Ventilation
Violence and harassment
Working alone
WHMIS
Demolition
Diving operations
Excavating and tunneling
Explosives
Forestry
Health care and industries with biological hazards
Mining
Oil and gas wells
Expired (residential roofing)
Tree care operations
Utility workers - electrical
Work requiring rope access
- Answer questions using the OHS Code. (p.19)
- Identify the correct type of order given a scenario. (p.23)
Stop work (order stop work, order worker or person to leave site, order work site parties to take measures to remove a source of danger or protect persons from danger)
Stop use (order to using equipment not safe or does not comply with leg, order work site parties to take measures to remove a source of danger or protect persons from danger, order supplier to stop supplying equipment/substance/material that may pose danger to persons)
- Describe the two provincial enforcement tools used by OHS. (p.23)
Administrative penalties - up to $10,000 per violation per day or part thereof
Regulatory penalties
First offence - fine up to $500,000 or imprisonment up to six months or both / up to $30,000 per day for continuing offences
Second offence - fine up to $1,000,000 or imprisonment up to 12 months or both / up to $60,000 per day for continuing offences Second
- State the duty of those directing work as outlined in the Criminal Code of Canada. (p.25)
Everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task
