Occupational Health & Safety Act Flashcards by Ariel Castromayor

As defined in Part IX (Offences and Penalties) of the Occupational Health & Safety Act, R.S.O., 1990 c. 0.1; it states that every person who contravenes or fails to comply with the act is guilty of an offence and on conviction is liable to a fine of not more than .
a) $5,000 or to imprisonment for a term of not more than two years, or to both
b) $10,000 or to imprisonment for a term of not more than one year, or to both
c) $1,000 or to imprisonment for a term of not more than six months, or to both
d) $100,000 or to imprisonment for a term of not more than twelve months, or to both

d) $100,000 or to imprisonment for a term of not more than twelve months, or to both

Answer: D (Occupational Health and Safety Act 2019, Section 66(1))

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As required by the Occupational Health and Safety Act, the physical condition of the workplace is required to be inspected by a Health and Safety representative:
a) Monthly
b) Every three months
c) Every six months
d) Yearly

a) Monthly

Answer: A (Occupational Health and Safety Act 2019, Section 8(6))

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In accordance with the Occupational Health & Safety Act 2016, which of the following duties is not a duty of a supervisor?
a) To ensure a worker uses or wears protective equipment and clothing that the worker’s employer requires to be used or worn
b) To ensure that equipment and protective devices provided by the employer are maintained in good condition
c) To advise a worker of the existence of any potential or actual danger to the health and safety of the worker of which a supervisor is aware
d) To take every precaution reasonable in the circumstances for the protection of a worker

b) To ensure that equipment and protective devices provided by the employer are maintained in good condition

Answer: B (Occupational Health and Safety Act 2019 - Section 27(2))

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Under Part V – “Right to Refuse or to Stop Work Where Health and Safety in Danger”, within the Occupational Health & Safety Act, until the investigation is completed, the worker .
a) Shall remain in the office / work station of his or her supervisor
b) Shall be sent home but must be readily available to return to the work site as required
c) Shall remain at a safe place that is as near as reasonably possible to his or her work station
d) Stay in the nearest designated lunch room

c) Shall remain at a safe place that is as near as reasonably possible to his or her work station

Answer: C (Occupational Health and Safety Act 2019 - Section 43(5)(a))

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A Guide to the Occupational Health and Safety Act, Section 5 “The Rights of Workers” gives basic rights to workers, they are:
a) The Right to Participate, the Right to know, the Right to Refuse Work, the Right to stop Work
b) The Right to Participate, the Right to Refuse Work, the Right to Stop Work.
c) The Right to ensure that protective devices are cleaned regularly
d) The Right to be provided equipment, materials and protective devices as prescribed

a) The Right to Participate, the Right to know, the Right to Refuse Work, the Right to stop Work

Answer: A (Guide to the Occupational Health and Safety Act - 2015,- P.5)

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A Guide to the Occupational Health and Safety Act, “The Duties of Employers and Other Persons” states:
a) That each worker brings their own device(s) to the workplace
b) The employer is not responsible to ensure that the equipment, materials and protective device(s) provided by the employer are used as prescribed
c) Shall ensure that protective device(s) are cleaned and maintained regularly
d) There is a general duty on employers to take all reasonable precautions to protect the health and safety of workers

d) There is a general duty on employers to take all reasonable precautions to protect the health and safety of workers

Answer: D (Guide to the Occupational Health and Safety Act - 2015, P.28)

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A Guide to the Occupational Health and Safety Act, “Enforcement” includes all of the following actions except:
a) If the internal responsibility system fails to address adequately the health and safety issues in a workplace, or if the Act and regulations are not being followed, the Ministry of Labour has the authority to enforce the law
b) Any employee can contact the Ministry of Labour without the direct knowledge of their internal Joint Health and Safety Committee.
c) Inspectors have broad powers to among other things, inspect any workplace, investigate any potentially hazardous situation and work refusal, order compliance with the Act and regulations and initiate prosecutions
d) Employers, supervisor and workers must assist and co-operate with inspectors

b) Any employee can contact the Ministry of Labour without the direct knowledge of their internal Joint Health and Safety Committee.

Answer: B (Guide to the Occupational Health and Safety Act - 2015, P.77)

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A Guide to the Occupational Health and Safety Act, “Workplace Violence and Workplace Harassment” states the following are key requirements of the Act with respect to workplace violence and workplace harassment:

a) Policies, Programs, Information and Instruction, Assessment of Risks, Results of an Assessment or Reassessment, Domestic Violence, General Duties and Application to Workplace Violence, and Work Refusal

b) Information and Instruction, Assessment of Risks, Reassessment, Domestic Violence, General Duties and Application to Workplace Violence, and Work Refusal

c) Policies, General Duties and Application to Workplace Violence, and Work Refusal

d) Policies, Programs, Assessment of Risks, Results of an Assessment or Reassessment, General Duties and Application to Workplace Violence

Answer: A (Guide to the Occupational Health and Safety Act - 2015, P.39-

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A Guide to the Occupational Health and Safety Act, “Enforcement” states: The employer must post copies of both the notice of compliance and the original order in a place where they are most likely to be seen by workers for a period of .

a) 14 days

b) A minimum of 1 month

c) One week and then the notice must be directed to the Officer in Charge of the station to see

d) That it is immediately filed in the JHSC file for that station

a) 14 days

Answer: A (Guide to the Occupational Health and Safety Act - 2015, P.83)

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The following work is not covered under the Occupational Health and Safety Act:

a) A worker doing renovations on a private house

b) A worker doing work for no renumeration on a private house in exchange for lodging

c) A worker doing work as a logger at a logging camp

d) An owner or occupant doing work on their own private home

Answer: D (Occupational Health and Safety Act 2019 – Section 3(1))

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Under Duties of employers and other person and specifically in Section 28(1)(b) a worker must:

a) Work in compliance with the Act except if it is an emergency situation

b) Report to the employer any missing equipment that prevents them from doing their job

c) Use or wear any equipment, protective devices or clothing required by the employer

d) All of the above

c) Use or wear any equipment, protective devices or clothing required by the employer

Answer: C (Occupational Health and Safety Act 2019 - Section 28(1)(b))

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According to the Occupational Health and Safety Act, which of the following is not a power of the Health and Safety Committee?

A) Recommend to the constructor or employer and the workers the establishment, maintenance and monitoring of programs, measures and procedures respecting the health or safety of workers

B) Amend standards established under subsection (2). 2016, c. 37, Sched. 16, s. 2.

C) Identify situations that may be a source of danger or hazard to workers

D) Make recommendations to the constructor or employer and the workers for the improvement of the health and safety of workers

B) Amend standards established under subsection (2). 2016, c. 37, Sched. 16, s. 2.

Answer: B
Powers of the Committee Part II Administration (18)
Incorrect answer is from Part II Administration 7.6.1 (3)

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According to the Occupational Health and Safety Act, which of the following is not a duty of the Employer?
A) The measures and procedures prescribed are carried out in the workplace
B) The equipment, materials and protective devices as prescribed are provided
C) Work in compliance with the provisions of this Act and the regulations
D) The equipment, materials and protective devices provided by the employer are maintained in good condition

C) Work in compliance with the provisions of this Act and the regulations

Answer: C
Part III, 25 (1)
Incorrect Answer 28 (1) (a) Duty of a Worker

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According to the Occupational Health and Safety Act, which of the following is a Duty of a Supervisor?
A) Remove or make ineffective any protective device required by the regulations or by his or her employer, without providing an adequate temporary protective device and when the need for removing or making ineffective the protective device has ceased, the protective device shall be replaced immediately
B) Post at a conspicuous location in the workplace a copy of the occupational health and safety policy
C) Works in the manner and with the protective devices, measures and procedures required by this Act and the regulations
D) The workplace complies with the regulations

C) Works in the manner and with the protective devices, measures and procedures required by this Act and the regulations

Answer C: 27 (1) (a) – Duties of a Supervisor

Incorrect
Answer
A) 28 (2) (a) – Duty of a Worker

Answer
B) 25 Idem (2) (k) - Duty of Employer

Answer
D) 29 (1) (a) (iii) Duty of an Owner

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According to the Occupational Health and Safety Act, which of the following is a not Duty of a Supervisor?
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) The equipment, materials and protective devices as prescribed are provided
C) Where so prescribed, provide a worker with written instructions as to the measures and
D) Works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and

B) The equipment, materials and protective devices as prescribed are provided

Answer B: 25 (1) (a) – Duty of Employer

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Which of the following is a not Duty of a Supervisor?
A) Take every precaution reasonable in the circumstances for the protection of a worker
B) Uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn
C) 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
D) Acquaint a worker or a 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

D) Acquaint a worker or a 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

Answer D: 25 (2) (d) – Duty of Employer

According to the Occupational Health and Safety Act, which of the following is a not Duty of a Worker?
A) Report to his or her employer or supervisor the absence of or defect in any equipment or protective device of which the worker is aware and which may endanger himself, herself or another worker
B) Take every precaution reasonable in the circumstances for the protection of a worker
C) Use or wear the equipment, protective devices or clothing that the worker’s employer requires to be used or worn
D) Report to his or her employer or supervisor any contravention of this Act or the regulations or the existence of any hazard of which he or she knows.

B) Take every precaution reasonable in the circumstances for the protection of a worker

Answer B: 27 (2) (c) – Duty of Supervisor

According to the Occupational Health and Safety Act, which of the following is incorrect, 28 (2) ‘No worker shall’?
A) Engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct
B) Provide information, instruction and supervision to a worker to protect the health or safety of the worker
C) Use or operate any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any other worker
D) Remove or make ineffective any protective device required by the regulations or by his or her employer, without providing an adequate temporary protective device and when the need for removing or making ineffective the protective device has ceased, the protective device shall be replaced immediately

B) Provide information, instruction and supervision to a worker to protect the health or safety of the worker

Incorrect Answer B: 25 (2) (a) – Duty of Employer

According to the Occupational Health and Safety Act, an employer shall develop and maintain a program to implement the policy with respect to workplace violence required under clause 32.0.1 (1) (a)., without limiting the generality of subsection (1), the program shall provide the following except:

A) Set out how the employer will investigate and deal with incidents or complaints of workplace violence
B) The inspector shall, following the investigation referred to in subsection (7), decide whether a circumstance described in clause (6) (a), (b), (b.1) or (c) is likely to endanger the worker or another person
C) Include measures and procedures for workers to report incidents of workplace violence to the employer or supervisor
D) Include measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur

B) The inspector shall, following the investigation referred to in subsection (7), decide whether a circumstance described in clause (6) (a), (b), (b.1) or (c) is likely to endanger the worker or another person

Answer B: Part 5, Right to Refuse - (8) Decision of Inspector

According to the Occupational Health and Safety Act, to protect a worker from workplace harassment, an employer shall ensure that the following are implemented except for:
A) The health and safety of workers employed by employers referred to in clause (b) is protected
B) Provide information and instruction that is appropriate for the worker on the contents of the policy and program with respect to workplace harassment
C) In consultation with the committee or a health and safety representative, if any. Develop and maintain a written program to implement the policy with respect to workplace harassment required under clause 32.0.1 (1) (b)
D) An investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances

A) The health and safety of workers employed by employers referred to in clause (b) is protected

Answer A: Duty of Licensees Part III, 24 (1) (c)
32.0.8 (a)
32.0.6 (1)
32.0.7 (1) (a)

According to the Occupational Health and Safety Act, if an employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall,

A) Report to his or her employer or supervisor the absence of or defect in any equipment or protective device of which the worker is aware and which may endanger himself, herself or another worker
B) Take every precaution reasonable in the circumstances for the protection of the worker
C) Prepare a policy with respect to workplace harassment
D) 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) Take every precaution reasonable in the circumstances for the protection of the worker

Answer B: Part III.0.1 Violence and Harassment 32.0.4
A: 28 (1) (c) Duty of a Worker
C: 32.0.1 (1) (b)
D: 27 (2) (a) Additional Duties of a supervisor

According to the Occupational Health and Safety Act, Program Harassment; An employer shall, in consultation with the committee or a health and safety representative, if any, develop and maintain a written program to implement the policy with respect to workplace harassment required under clause 32.0.1 (1) (b). Without limiting the generality of subsection (1), the program shall,

A) An employer shall reassess the risks of workplace violence as often as is necessary to ensure that the related policy under clause 32.0.1 (1) (a) and the related program under subsection 32.0.2 (1) continue to protect workers from workplace violence

B) Set out how a worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, will be informed of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation

C) Include measures and procedures for workers to report incidents of workplace harassment to a person other than the employer or supervisor, if the employer or supervisor is the alleged harasser

D) Both B & C are correct

Correct Answer D: Both B & C are correct.
B 32.0.6 (2) (e) and C 32.0.6 (2) (b)

Incorrect A: Assessment of risks of violence 32.0.3 (4)

According to the Occupational Health and Safety Act, in Part III.0.1 Violence and Harassment which is not a responsibility of an employer?
A) The policies shall be in written form and shall be posted at a conspicuous place in the workplace
B) Include measures and procedures for workers to report incidents of workplace violence to the employer or supervisor
C) State the opinion of the Director as to the likelihood of the danger to the health of a worker, and the Director’s reasons in respect thereof, including the matters or causes which give rise to his or her opinion
D) Prepare a policy with respect to workplace harassment

C) State the opinion of the Director as to the likelihood of the danger to the health of a worker, and the Director’s reasons in respect thereof, including the matters or causes which give rise to his or her opinion

Answer C: Part IV Toxic Substances, Orders of Director (2) (b)
a) 32.0.1 (2)
b) 32.0.2 (2) (c)
d) 32.0.1 (1) (b)

According to the Occupational Health and Safety Act, 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 the following, except:
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
B) The Ministry of Labour inspector who shall issue orders to the employer
C) A committee member who represents workers
D) A health and safety representative, if any

B) The Ministry of Labour inspector who shall issue orders to the employer

Answer: B. Correct Answers Part 5 (4)

According to the Occupational Health and Safety Act, a worker may refuse to work or do particular work where he or she has reason to believe that, A) The physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself B) Any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker C) Workplace violence is likely to endanger himself or herself D) All of the above

D) All of the above Answer: D Part 5 – Right to Refuse (3)

According to the Occupational Health and Safety Act, pending the investigation and decision of the inspector, no worker shall be assigned to use or operate the equipment, machine, device or thing or to work in the workplace or in the part of the workplace being investigated unless, in the presence of a person described in subsection (12), the worker has been advised of the other worker’s refusal and of his or her reasons for the refusal. The following are people referred to in subsection (12) include all except: A) A health and safety representative B) A committee member who represents workers and, if possible, who is a certified member C) A competent supervisor D) worker who because of his or her knowledge, experience and training is selected by the trade union that represents the worker or, if there is no trade union, by the workers to represent them

C) A competent supervisor Correct Answer: C A: 43 (12) (b) B: 43 (12) (a) D: 43 (12) (c)

According to the OHSA for reprisals, discipline and dismissal, no employer or person acting on behalf of an employer shall: A) Impose any penalty upon a worker B) Intimidate or coerce a worker C) Dismiss or threaten to dismiss a worker D) All of the above

D) All of the above Correct Answer: D 50 (1) (a) (c) and (d)

According to the Occupational Health and Safety Act, where a person is killed or critically injured from any cause at a workplace, the constructor, if any, and the employer shall notify all of the following except: A) The trade union B) Municipal Council C) An inspector D) A health and safety representative

B) Municipal Council Correct Answer: B 51 (1)

According to the Occupational Health and Safety Act, where a person is killed or is critically injured at a workplace, no person shall 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 except for: A) Reducing associated costs B) Saving life or relieving human suffering C) Maintaining a non-essential public utility service D) None of the above

B) Saving life or relieving human suffering Correct Answer, B: 51 (2) (a)

According to the Occupational Health and Safety Act, where a person is killed or is critically injured at a workplace, no person shall 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 except for: A) Reducing associated costs B) Ordered by a supervisor C) Maintaining an essential public utility service or a public transportation system D) None of the above

C) Maintaining an essential public utility service or a public transportation system Correct Answer C: 51 (2) (b)

According to the Occupational Health and Safety Act, where a person is killed or is critically injured at a workplace, no person shall 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 except for: A) Reducing associated costs B) Preventing unnecessary damage to equipment or other property C) Maintaining a non-essential public utility service D) None of the above

B) Preventing unnecessary damage to equipment or other property Correct Answer B: 51 (2) (c)

According to OHSA, Obstruction of Committee, which of the following is correct? No person shall knowingly A) Hinder or interfere with a worker selected by a trade union or trade unions or a worker selected by the workers to represent them in the exercise of a power or performance of a duty under this Act B) Furnish a committee, a committee member or a health and safety representative with false information in the exercise of a power or performance of a duty under this Act C) Hinder or interfere with a committee, a committee member or a health and safety representative in the exercise of a power or performance of a duty under this Act D) All of the above

D) All of the above Correct Answer D. 62 (5) (a), (b), (c)

A Guide to the Occupational Health and Safety Act, defines a Workplace as: . a) An institution or physical building b) Vehicles are exempted from this definition c) Any place in or near to where a worker works. A workplace could be a building, a mine a construction site, an open field a road, a forest or even a beach d) Workplaces under Federal (Government of Canada) jurisdiction are not covered by the Act

c) Any place in or near to where a worker works. A workplace could be a building, a mine a construction site, an open field a road, a forest or even a beach Answer: C (Guide to the Occupational Health and Safety Act - 2015, P.8)

A Guide to the Occupational Health and Safety Act, “Enforcement” states that if a person is critically injured or killed at a workplace, no person can alter the scene where the injury occurred in any way without the permission of an Inspector. This does not apply if it is necessary to disturb the scene in order to: a) You can never alter the scene where an injury occurred without the permission of an Inspector. b) The scene can only be altered when the accident investigation has been completed c) Save a life or relive human suffering, maintain an essential public utility service or public transportation system or prevent unnecessary damage to equipment or other property d) The inspector will be accompanied by a representative of the Employer and the workers, and they will collectively decide if the scene can be disturbed

c) Save a life or relive human suffering, maintain an essential public utility service or public transportation system or prevent unnecessary damage to equipment or other property Answer: C (Guide to the Occupational Health and Safety Act - 2015, P.84)

A Guide to the Occupational Health and Safety Act, “Enforcement” states that “Where an order has been made to correct a contravention of the Act or Regulations, and the contravention in question is dangerous to the health and safety of a worker, the Inspector may also order that: a) All equipment, machinery, and processes can remain in use until the contravention is completed b) The workplace may continue in a normal fashion until the hazard is removed c) The workplace be cleared of workers and access to the workplace be prevented until the hazard is removed. No worker can be required or permitted to enter the workplace except to remove the hazard, and then only if the worker if protected by the hazard d) The issued written orders can require the employer to submit a plan to the Ministry specifying when and how he/she will comply with the order

c) The workplace be cleared of workers and access to the workplace be prevented until the hazard is removed. No worker can be required or permitted to enter the workplace except to remove the hazard, and then only if the worker if protected by the hazard Answer: C (Guide to the Occupational Health and Safety Act - 2015, P.81)