OHSA Flashcards
JHSC required when?
- a workplace with 20 or more workers are regularly employed
- ordered
- has designated substances
JHSC compostion
- at least 2 persons for less than 50 workers
- at least** 4** persons for more that 50 workers
- at least 50% worker
Powers of the JHSC
- id sources of danger
- make recommendations to the employer to improve health and safety of the workers
- recommend to the employer and workers the establishment, maintenance and monitoring of programs, measures and procedures respecting health and safety
- obtain info regarding:
1. id of potential or existing hazardous materials, processes or equipment;
2. health and safety experience and work practices and standards in similar or other industries of which the employer has knowledge. - obtain info from employer concerning the conducting taking tests of any machine, device, article, thing materialor biological, chemical or physical agent in or about a workplace for the purpose of OHSA
- be consulted about and have designated member rep. the workers be present at the beginning of testing, if their presence is required for validity
*
Duties of the employer
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 the employer are used as prescribed; and
(e) a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable
of supporting any loads that may be applied to it,
(i) 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,
(ii) in accordance with such other requirements as may be prescribed, or
(iii) in accordance with good engineering practice,
Duties of employer part 2
(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 of 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 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;
(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 a 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 and any explanatory material prepared by the Ministry, both in English and
the majority language of the workplace, outlining the rights, responsibilities and duties of workers;
(j) prepare and review at least annually a written occupational health and safety policy and develop and maintain a
program to implement that policy;
(k) post at a conspicuous location in the workplace a copy of the occupational health and safety policy;
(l) provide to the committee or to a health and safety representative the results of a report respecting occupational health
and safety that is in the employer’s possession and, if that report is in writing, a copy of the portions of the report that
concern occupational health and safety; and
(m) advise workers of the results of a report referred to in clause (l) 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.
Additional duties of the employer
26 (1) In addition to the duties imposed by section 25, an employer shall,
(a) establish an occupational health 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 of 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 agents 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 tests for workers as prescribed;
(j) where so prescribed, only permit a worker to work or be in a workplace who has undergone such medical examinations, tests or x-rays 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; and
(l) carry out such training programs for workers, supervisors and committee members as may be prescribed.
Prescribed medical surveillance program
If a worker participates in a prescribed medical surveillance program, medical exam or test the employer shall pay:
1. the costs of exams required by regulation
2. reasonable travel costs
3. time worker undergoes the exams shall be deemed work time
Duties of the Supervisor
27 (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.
Duties of worker
28 (1) A worker shall,
(a) work in compliance with the provisions of this Act and the regulations;
(b) use or wear the equipment, protective devices or clothing that the worker’s employer requires to be used or worn;
(c) 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; and
(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.
(2) No worker shall,
(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) use or operate any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any
other worker; or
(c) engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct.
Policies, violence and harassment
(1) An employer shall,
(a) prepare a policy with respect to workplace violence;
(b) prepare a policy with respect to workplace harassment; and
(c) review the policies as often as is necessary, but at least annually.
Program, violence
(1) 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). 2009, c. 23, s. 3.
Contents
(2) Without limiting the generality of subsection (1), the program shall,
(a) include measures and procedures to control the risks identified in the assessment required under subsection 32.0.3 (1) as likely to expose a worker to physical injury;
(b) include measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to
occur;
(c) include measures and procedures for workers to report incidents of workplace violence to the employer or supervisor;
(d) set out how the employer will investigate and deal with incidents or complaints of workplace violence; and
(e) include any prescribed elements
Domestic violence
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 take every precaution reasonable in the
circumstances for the protection of the worker.
Program, harassment
(1) 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
Contents
(2) Without limiting the generality of subsection (1), the program shall,
(a) include measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor;
(b) 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
(c) set out how incidents or complaints of workplace harassment will be investigated and dealt with;
(d) set out how information obtained about an incident or complaint of workplace harassment, including identifying
information about any individuals involved, will not be disclosed unless the disclosure is necessary for the purposes of
investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law;
(e) 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; and
(f) include any prescribed elements.
Duties re harassment
(1) To protect a worker from workplace harassment, an employer shall ensure that,
(a) an investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances;
(b) the worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, are informed in writing 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) the program developed under section 32.0.6 is reviewed as often as necessary, but at least annually, to ensure that it adequately implements the policy with respect to workplace harassment required under clause 32.0.1 (1) (b); and
(d) such other duties as may be prescribed are carried out.
Refusal to work
(1) This section does not apply to a worker described in subsection (2),
(a) when a circumstance described in clause (3) (a), (b), (b.1) or (c) is inherent in the worker’s work or is a normal condition of the worker’s employment; or
(b) when the worker’s refusal to work would directly endanger the life, health or safety of another person.
(2) The worker referred to in subsection (1) is,
(b)** a firefighter** as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997
