Occupational Health and Safety Act Flashcards
OCCUPATIONAL HEALTH AND SAFETY ACT
Duties of supervisor
- (1) A supervisor shall ensure that a worker,
(a) works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and
(b) uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn.
Additional duties of supervisor
(2) Without limiting the duty imposed by subsection (1), a supervisor shall,
(a) advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware;
(b) where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and
(c) take every precaution reasonable in the circumstances for the protection of a worker. R.S.O. 1990, c. O.1, s. 27.
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OCCUPATIONAL HEALTH AND SAFETY ACT
Provision of information
(3) An employer’s duty to provide information to a worker under clause 25 (2) (a) and a supervisor’s duty to advise a worker under clause 27 (2) (a) include the duty to provide information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour if,
(a) the worker can be expected to encounter that person in the course of his or her work; and
(b) the risk of workplace violence is likely to expose the worker to physical injury. 2009, c. 23, s. 3.
Limit on disclosure
(4) No employer or supervisor shall disclose more personal information in the circumstances described in subsection (3) than is reasonably necessary to protect the worker from physical injury. 2009, c. 23, s. 3.
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OCCUPATIONAL HEALTH AND SAFETY ACT
Report of refusal to work
(4) Upon refusing to work or do particular work, the worker shall promptly report the circumstances of the refusal to the worker’s employer or supervisor who shall forthwith investigate the report in the presence of the worker and, if there is such, in the presence of one of,
(a) a committee member who represents workers, if any;
(b) a health and safety representative, if any; or
(c) a worker who because of knowledge, experience and training is selected by a trade union that represents the worker, or if there is no trade union, is selected by the workers to represent them,
who shall be made available and who shall attend without delay. R.S.O. 1990, c. O.1, s. 43 (4).
Worker to remain in safe place and available for investigation
(5) Until the investigation is completed, the worker shall remain,
(a) in a safe place that is as near as reasonably possible to his or her work station; and
(b) available to the employer or supervisor for the purposes of the investigation. 2009, c. 23, s. 4 (3).
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OCCUPATIONAL HEALTH AND SAFETY ACT
BILL 168
workplace harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome;
workplace violence means,
(a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
(b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,
(c) a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.
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OCCUPATIONAL HEALTH AND SAFETY ACT
Under Bill 168, “workplace harassment” means “engaging in a course of vexatious
comment or conduct against a worker in a workplace that is known or ought
reasonably to be known to be unwelcome.” Perhaps the most notable aspect of this
definition is that, unlike “harassment” as defined in the Human Rights Code, the
definition of “workplace harassment” under Bill 168 includes conduct that is not
related to a prohibited ground of discrimination, e.g., sex, age, ethnicity, disability,
religion, etc.
Case-law from other jurisdictions has broadly interpreted what constitutes
“workplace violence” and “workplace harassment”. However, such case-law has also
found that performance management and normal supervision and direction of
employees will not generally be found to be “harassment.” It remains to be seen if
this approach will be followed in Ontario.
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OCCUPATIONAL HEALTH AND SAFETY ACT
Disclosure of Persons with a Violent History
One aspect of Bill 168 that may prove contentious is the obligation on employers and
supervisors to provide information, including personal information, to a worker about
a person with “a history of violent behaviour” if:
- the worker could be expected to encounter that person in the course of
his/her work; and
- there is a risk of workplace violence likely to expose the worker to physical
injury.
Bill 168 contains no guidance on who would be a person with a “history of violent
behaviour” or what types of information should be disclosed. However, it is
interesting to note that the person must have a history of “violent” behaviour (and not
necessarily “harassing” behaviour) in order for the disclosure obligation to be
triggered. Also, the “violent” behaviour does not necessarily have to be behaviour for
which the individual was criminally charged.
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