Safety Legislation Flashcards

1
Q

employers must legally provide safe and healthful workplace, list some employer workplace safety responsibilities

A
  • provide adequate ppe for all jobs performed
  • identify risks and hazards
  • set health and safety standards
  • provide equipment safeguards
  • provide adequate swp’s
  • provide training
  • audit to ensure compliance
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2
Q

the company is the employer in eyes of law, the people that control the work represent the company therefore responsible. what positions are these?

A
  • board of directors
  • vps
  • managers and supervisors
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3
Q

duties of supervisors in ensuring a safe work place

A
  • hazards are identified and controlled
  • procedures are in place and followed
  • training provided
  • ppe available and used
  • all reasonable efforts to ensure safe workplace
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4
Q

due diligence

A

ensuring that every reasonable effort has been made to comply with laws and persons under span of control have followed procedure

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5
Q

safety directives.

A

safety officers or regulatory inspectors use directives to point out they have observed non-compliance with legislation,codes,regs. usually include deadline.

  • no legal obligation for compliance that goes beyond the law
  • although costly and time consuming, may be appealed is legitimacy is a concern
  • failure to comply can result in fines and court
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6
Q

why must manager review and implement safety directives

A
  • discharge responsibility to employer

- meet ones own ethical and legal responsibilities

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7
Q

OHS legislation of the feds, provinces/territories is based on following 3 fundamental rights of workers

A
  • informed of known safety hazards
  • participate in prevention of occupational accidents and diseases as jhsc or as safety reps
  • refuse dangerous work and protected against dismissal following legit refusal
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8
Q

federal ohs legislation duties of employers (10)

A
  • ensure protective devices are provided and maintained
  • ensure equipment is maintained and safe to operate
  • ensure ppe is provided and used
  • post copy of federal ohs act
  • develop and post copy of company ohs policy
  • maintain adequate h&s records
  • monitor quantity of hazardous substances on site
  • ensure h&s inspections are completed
  • remedy hazardous conditions
  • develop swp’s and ensure their use
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9
Q

federal ohs legislation duties of employees (5)

A
  • take reasonable care to protect themselves and coworkers
  • execute work as per swp’s
  • use ppe
  • no horseplay
  • do not arrive to work impaired
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10
Q

right to know federal legislation

A

employees have right to know about potential hazards in the workplace

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11
Q

joint health and safety committees as per federal legislation

A

workplaces of minimum size (20 or more) are required to have jhsc made of employees and employer reps. workplaces with over 300 people are required to have a policy committee

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12
Q

right to refuse work legislation

A

employees have the right to refuse work that they feel will endanger them or coworkers. employer legally prohibited from applying any disciplinary action against worker who exercises this right. employer must investigate the concern. if no agreement is made, relevant safety officer may be called in to mediate, where a directive will be established.

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13
Q

inspections/audits as per federal legislation

A

mandated - frequency can vary. used to identify hazards as a group. should include jhsc member

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14
Q

accident investigation as per federal legislation

A

are a requirement - must be made available to jurisdictional authority and employees. should include jhsc member

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15
Q

disturbance of wreckage as per federal legislation

A

prohibited in order to facilitate investigation unless required to rescue people or prevent further asset damage

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16
Q

record keeping/reporting as per federal legislation

A

employer required to do so. must be available to employees and jhsc

17
Q

enforcement and power of inspectors as per federal legislation

A

enforcement of OHS Acts and regs is responsibility of inspectors/safety officers under appropriate act

18
Q

appeals under federal legislation

A

should only be made if you feel inspector is in the wrong they refuse to withdraw an order regardless of discussions. legal staff consultation may be required

19
Q

penalties under federal legislation

A

any contravention of the act/regs may result in penalties and/or jail time for employees, leadership, and executives of a company

20
Q

power to make federal regulations

A

the lieutenant governor-in-council (cabinet) is empowered to make regs. provision that allows regs to be made under act regarding health and safety in the workplace

21
Q

5 examples of technical matters the provincial safety regs cover

A
  • adopted standards (from federal regs)
  • age of workers
  • confined spaces
  • electrical safety
  • loto
22
Q

5 rights of provincial safety inspectors/officers

A
  • enter facility and inspect
  • investigate accidents
  • stop work if workers health and safety in danger
  • seize equipment
  • require tests
23
Q

2 areas where plant staff may interact with WCB officers

A
  • accident prevention: prevention key for wcb as it reduces claim draws from their fund. prevention training programs/consulting varies across the country
  • compensation claims: plant employees (except owners and directors) are entitled to comp if injured on the job. employee and employer are obligated to notify wcb within certain period of accident occurring, failure to do so is an offence and may result in claim denial. wcb offers are entitled to evaluate validity of the claim in which they may contact all parties involved.
24
Q

difference in roles between wcb and safety inspector/officer

A

wcb validates accidents happened at work and facilitates treatment and rtw. inspector/officer investigates cause of accident and determines if company was in compliance with relevant legislation, inspector only interacts with injured person to obtain facts