Occupational Health and Safety Act (III and VII) Flashcards
-Occupational Health and safety act-
Definition- Competent person (3)
- is qualified because of knowledge, training, and experience to organize the work and its performance
- is familiar with this act and the regulations that apply to the work
- has knowledge of any potential or actual danger to health or safety in the workplace
-Occupational Health and safety act-
Definition- designated substance
- means a biological, chemical or physical agent or combination thereof prescribed as a desginated substance to which the exposure of a worker is prohibited, regulated, restricted, limited or controlled
-Occupational Health and safety act-
Definition- Hazard material
a biological or chemical agent named or described in the regulations as a hazardous materials
-Occupational Health and safety act-
Definition- Health and safety management system
a coordinated system of procedures, processes and other measures that is designed to be implemented by employers in order to promote continous improvement in occupational health and safety
-Occupational Health and safety act-
Definition- Supervisor
means a person who has charge of a workplace or authority over a worker
-Occupational Health and safety act-
Definition- Worker means any of the following
- A person who performs work or supplies services for monetary compensation
- A secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operated the school in which the student is enrolled
- a person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university, private career college or other post secondary institution
- such other persons as may be prescribed who perfom work or supply services to an employer for no monetary compensation
-Occupational Health and safety act-
Definition- Workplace
means any land, premises, location or thing at, upon, in or near which a worker works
-Occupational Health and safety act-
Definition- Workplace sexual harassment means
a) engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender indentity, or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome
b) making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer grant or deny benefit or advancement to the worker and person knows or ought reasonably to know that the solicitation or advance is unwelcome
-Occupational Health and safety act-
Definition- Workplace violence
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 worker
-Occupational Health and safety act-
Duties of employers
25(1) An employer shall ensure that
a) the equipment, materials and protective devices as prescribed are provided
b) the equipment, materials and protective devices provided by the employer are maintained in good condition
c) the measures and procedures prescribed are carried out in the workplace
d) the equipment, materials and protective devices provided by by the employer are used as prescribled
e) a building, structure, or any part thereof, or any part of a workplace, whether temporary or permanent, is capable of supporting any loads that may be applied to it
- as determined by the applicable design requirements established under the version of the building Code that was in force at the time of its construction
- in accordance with such other requirements as may be prescribed
- in accordance with good engineering practice if subclauses (i) and (ii) do not apply
-Occupational Health and safety act-
Duties of employers
25(1) An employer shall ensure that
Idem
(2) without limiting the strict duty imposed by subsection (1), an employer shall
a) provide information, instruction, and supervision to a worker to protect the health or safety other the worker
b) in a medical emergency for the purpose of diagnosis or treatment, provide, upon request, information in the possession of the employer, including confidential business information, to a legally qualified medical practitioner and to such other persons as may be prescribed
c) when appointing a supervisor appoint a competent person
d) acquaint a worker or person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article device, equipment or a biological, chemical or physical agent
e) afford assistance and co-operation to a committee and a health and safety representative in the carrying out by the committee and the health and safety representative of any of their functions
f) only employ in or about a workplace a person over such age as may be prescribed
g) not knowingly permit a person who is under such age as may be prescribed to be in or about workplace
h) take every precaution reasonable in the circumstances for the protection of a worker
i) post in the workplace, a copy of this act
j) prepare and review at least annually a written occupational health and safety policy
k) post at a conspicuous in the workplace a copy of the occupational health and safety policy
l) provide to the committee or to a health and safety rep the results of a report respecting occupational health and safety that is in the employers possession and, if that report is in writing copy of the portions of the report that concern occupational health and safety
m) advise workers of the results of a report referred to in clause 1) and, if the report is in writing, make available to them on request copies of the portions of the report that concern occupational health and safety
n) notify a director, if a committee or a health and safety representative, if any, has identified potential structural inadequacies of a building, structure or any part thereof, or any other part of a workplace, whether temporary or permanent, as a source of danger or hazard to workers
-Occupational Health and safety act-
Notices-
Where a person is killed or critically injured from any cause at a workplace
the constructor, if any and the employer shall notify an inspector, and the committee, health and safety rep and trade union, immediately of the occurrence by telephone or other direct means. within 48 hours after occurrence send to a director a written report
-Occupational Health and safety act-
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interfere with, disturb, destroy, alter or carry away any wreckage, article or thing at the scene of or connected with the occurrence until permission so to do has been given by an inspector
- saving live or relieving human suffering
- maintaining an essential public utility service or public transportation system
- preventing unnecessary damage to equipment or other propertry
-Occupational Health and safety act-
Additional duties of employers
26 in addition to the duties imposed by sect 25 and employer shall
a) establish an occupational heath service for workers as prescribed
b) where an occupational health service is established as prescribed, maintain the same according to the standards prescribed
c) keep and maintain accurate records of the handling, storage, use and disposal or biological, chemical, or physical, agents as prescribed
d) accurately keep and maintain and make available to the worker affected such records of the exposure of a worker to biological, chemical, or physical agent as may be prescribed
e) notify a Director of the use or introduction into a workplace of such biological, chemical or physical agents as may be prescribed
f) monitor at such time or times or at such interval or intervals the levels of biological, chemical or physical agents in a workplace and keep and post accurate records thereof as prescribed
g) comply with a standard limiting the exposure of a worker to biological, chemical, or physical agents as prescribed
h) establish a medical surveillance program for the benefit of workers as prescribed
i) provide for safety-related medical examinations and test for workers prescribed
j) where so prescribed, only permit a worker to work or be in a workplace who has undergone such medcial examinations, test, or xrays as prescribed and who is found to be physically fit to do the work in the workplace
k) where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for the protection of a worker
l) carry out such training programs for workers, supervisors and committee members as may be prescribed
-Occupational Health and safety act-
Duties of a supervisor
- Works in the manner and with the protective devices, measures and procedures required by this act and the regulations
- uses or wears equipment, protective devices or clothing that the workers employer requires to be used or worn