OH&S Legislation

Question 1

What are the employer’s duties under OH and S Legislation?

Answer 1

The overriding duty is to take every reasonable precaution to protect the H and S of workers including:

• complying with legislation, regulation and orders
• establishing policies and programs
• providing and maintaining protective equipment and clothing
• reporting accidents, injuries, or illness
• ensuring EE are aware of foreseeable hazards, their rights and duties under the legislation, and info, training and supervision respecting their H and S

Question 2

The Right to Refuse Unsafe Work

Answer 2

Every worker has the right to refuse work when there is cause to believe the equipment, physical condition of workspace, or a contravention of the legislation would ‘create an undue hazard to the H and S of any person’.

Question 3

If there is a dispute regarding unsafe work, what happens?

Answer 3

The employer must investigate and WCB is called in with authority to issue orders.

Question 4

What are the penalties for Non-Compliance under OH and S Legislation?

Answer 4

Steep civil or criminal penalties can be imposed for non-compliance with the WCA.
The crown does not have to prove intention so they are strict liability offences.
The defence the company can take is of due diligence if it can show it took reasonable steps to comply with H and S standards.

Question 5

What are the workers core rights under OH and S Legislation?

Answer 5

The right to participate (through a JHSC or rep) in IDing and resolving H and S concerns.
Right to refuse unsafe work.
Right to know about potential hazards they may be exposed to. (WHIMS - applied to all industries and workplaces; governed by Hazardous Products Act and Controlled Products Regulations; Employers must provide inventory of materials, safety data sheets, labels, training to EEs.)

Question 6

Duty to Report Accidents

Answer 6

A worker must notify employer via form and the employer has a duty to report the accident to WCB in 3 days.
If serious injury or death, immediate notification is required.
Following any accident, the employer:
- arrange medical assistance
- lock out machinery or equipment
- notify appropriate parties