1. KEY TERMS AND CONCEPTS
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2. AND | OR
There are a number of rather basic terms used in the OHS Act that can make a considerable difference in how legislation is interpreted. OR
The term “or” implies a choice between sub-sections or sub-clauses, and only one of the sub-section or sub-clause must be complied with. However, when the term “or” is used to list prohibitions, this implies that all items listed are prohibited.
AND
The use of “and” and “or” are used throughout the Act and have a very definitive purpose. When the term “and” is used with a number of sub-clauses or sub-sections, it is implied that all content must be fulfilled.
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3. SHALL | FORTHWITH SHALL FORTHWITH
The words “shall”, “may” and “will” change the degree of force imposed on the action or the issue outlined. For example, “shall” necessitates compulsory compliance, whereas “may” offers an alternative option to comply with and “will” implies that future compliance is required.
FORTHWITH
“ forthwith ” requires immediate compliance, and is considered one of the most forceful terms noted in the Act.
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4. PRESCRIBED | REGULATION
“Prescribed” is another term that can be misinterpreted; it refers to further direction or action as outlined in a regulation that accompanies the Act. For example, Section 25(1)(d) of the Act states “the equipment, materials and protective devices provided by the employer are used “ as prescribed ” which means you must find the appropriate regulation applicable to the work, such as equipment used in construction.
REGULATION
“ Regulation ” sets out general principles and duties for workplace parties, and describes in detail how these duties under the Act have to be carried out.
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5. ACCIDENT | INCIDENT | NEAR MISS
The term “ ACCIDENT " can be defined as an unplanned event that interrupts the completion of an activity and that may (or may not) include injury or property damage.
An “ INCIDENT ” usually refers to an unexpected event that did not cause injury or damage this time but had the potential.
“ NEAR MISS " or “ DANGEROUS OCCURRENCE " are also terms for an event that could have caused harm but did not. An undesired occurrence which did not result in personal injury or property damage but could have resulted in or had the potential to cause personal injury, property damage, or both.
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6. OCCUPATIONAL ILLNESS
An “ OCCUPATIONAL ILLNESS “ OR “ DISEASE “ is defined as a condition that results from exposure in a workplace to a physical, chemical or biological agent to the extent that the normal physiological mechanisms are affected and the health of the worker is impaired.
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7. ACUTE | CHRONIC | LATENT
Workplace health hazards can cause three kinds of reactions in the body:
Immediate or acute reactions, like shortness of breath or nausea, can be caused by a one-time event, (e.g., a chemical spill). These reactions are not usually permanent.
Gradual reactions or chronic, like asthma or dermatitis (skin rashes), can get worse and persist when you are exposed over days, weeks or months. These reactions tend to last for a longer time.
Delayed reactions or diseases that take a long time to develop, like lung cancer or loss of hearing, can be caused by long-term exposure to a substance or work activity. These reactions can be noticed long after the job is over. This is also known as a latency effect.
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8. ADVERSE HEALTH EFFECT
A general definition of ADVERSE HEALTH EFFECT is "any change in body function or the structures of cells that can lead to disease or health problems".
Adverse health effects include:
bodily injury, disease,
change in the way the body functions, grows, or develops,
effects on a developing fetus (teratogenic effects, fetotoxic effects),
effects on children, grandchildren, etc. (inheritable genetic effects)
decrease in life span,
change in mental condition resulting from stress, traumatic experiences, exposure to solvents, etc.,
effects on the ability to accommodate additional stress.
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9. NEW EXPANDED DEFINITION
WORKER DEFINITION
A “ worker ” means any of the following, but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program.
A person who performs work or supplies services for monetary compensation
NEW EXPANDED DEFINITION
OF WORKER
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10. WORKER DEFINITION
A secondary school student who performs work or supplies services for monetary compensation under a work experience program authorized by the school board that operates 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 or other post- secondary institution.
A person who receives training from an employer, but who, under the Employment Standards Act, 2000, is not an employee for the purposes of that Act because the conditions set out in subsection 1(2) of that Act have been met.
Such other persons as may be prescribed who perform work or supply services to an employer for no monetary compensation.
Employment Standards Act, 2000
Reference in the OHSA Act … Section 1(2) below …
Person receiving training
(2)  For the purposes of clause (c) of the definition of “employee” in subsection (1), an individual receiving training from a person who is an employer is an employee of that person if the skill in which the individual is being trained is a skill used by the person’s employees, unless all of the following conditions are met:
1. The training is similar to that which is given in a vocational school.
2. The training is for the benefit of the individual.
3. The person providing the training derives little, if any, benefit from the activity of the individual while he or she is being trained.
4. The individual does not displace employees of the person providing the training.
5. The individual is not accorded a right to become an employee of the person providing the training.
6. The individual is advised that he or she will receive no remuneration for the time that he or she spends in training. 2000, c. 41, s. 1 (2).
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11. WORKER DEFINITION AS OF JANUARY 1, 2015
Unpaid students, learners and trainees are now defined as “workers” under the OHSA, and have the same rights and duties as the paid workers they work alongside.
They have the same duties as paid workers, such as working in compliance with the OHSA and its regulations, operating equipment safely, and reporting any hazards or contraventions to the employer or supervisor.
They now have key rights under the OHSA, such as the right to know about workplace hazards and the right to refuse unsafe work.
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12. WORKER DEFINITION Unpaid co-op students participating in
a work placement program approved by
a school board or post-secondary institution,
deserve the same health and safety
protections as every other worker.
Volunteers are not included in the definition of worker
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13. SUPERVISOR DEFINITION
“ Supervisor ” is someone who has authority over a worker or who has charge of a workplace .
In a University setting the term “Supervisor” could be the President, a Senior Director, a Chair/Academic Director, a Manager/Coordinator, Principal Investigator, Lead Technician, Lead Hand, etc.
“Supervisor” is not limited by the position title, but by the responsibilities held.
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14. SUPERVISOR DEFINITION
Primary indicators of being in a supervisory role include the power to:
“hire, fire or discipline, recommend hiring, firing or discipline, promote, demote or transfer, decide a worker's rate of pay, award bonuses, approve vacation time, grant leaves of absence, or enforce procedures established to protect worker health and safety”. These are the traditional human resources definitions of a supervisor.
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15. SUPERVISOR DEFINITION
A person with none of the obligations listed above could still be a supervisor as defined in the OHSA, if he or she has some of the following responsibilities:
determining the tasks to be done, and by whom, directing and monitoring how work is performed, managing available resources such as staff, facilities, equipment, budget, deciding on and arranging for equipment to be used on a job site, managing the evacuation of persons from an area, deciding the make-up of a work crew, deciding on and scheduling hours of work, dealing directly with workers' complaints, or directing staff and other resources to address health and safety concerns.
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16. COMPETENT PERSON DEFINITION
“ Competent Person ” means a person who,
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, and
has knowledge of any potential or actual danger to health or safety in the workplace;
The University is responsible for appointing a “competent person” in a supervisory role. If you are considered a “supervisor” under the OHSA and/or under the University EHS Management System Policy, you must be a “competent person”.
A supervisor is responsible for implementing the University’s health and safety programs and ensuring workers work safely. This also includes anyone who is guided, directed, monitored, hired, reviewed, paid or unpaid by or through the Supervisor.
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17. BILL C-45
WHAT IS BILL C-45?
Bill C-45 is federal legislation that amended the Canadian Criminal Code and became law on March 31, The Bill established new legal duties for workplace health and safety, and imposed serious penalties for violations that result in injuries or death. The Bill provided new rules for attributing criminal liability to organizations, including corporations, their representatives and those who direct the work of others.
Want to know more?
If you are a supervisor, you are required to ensure workers, contractors, visitors and volunteers are aware of the appropriate University’s health and safety policies, programs and guidelines, are informed of actual and potential risks, and receive appropriate instruction and any required protective equipment.
SIGNIFICANCE
Someone can be charged under the Criminal Code of Canada AND the Occupational Health & Safety Act for the SAME critical injury or death.
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18. CRITICAL INJURY DEFINITION
CRITICAL INJURY is an injury that:
places life in jeopardy,
produces unconsciousness,
results in substantial loss of blood,
involves the fracture of a leg or arm but not a finger or toe,
involves the amputation of a leg, arm, hand or foot but not a finger or toe,
consists of burns to a major portion of the body, or
causes the loss of sight in an eye.
Critical Injuries MUST be reported immediately.
IRM will coordinate the investigation
Removing or disturbing equipment is an offence – do not disturb the scene
JHSC worker member is to be informed and may be present during an investigation
Delay in reporting or not reporting
may result in charges and fines
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19. CRITICAL INJURY DEFINITION
If you are a witness to this type of event:
Immediately dial “80” from an internal phone or from an external phone and report the event
Security will respond and keep the site secure until the authorities arrive
Once Security is called, then dial 7086 to report the event to Ryerson’s Environmental Health & Safety Officer
DO NOT DISTURB THE SCENE (remove the Injured Person if it is safe to do so)
IF YOU SUSPECT A CRITICAL INJURY, inform the EHS Officer at After hours call Security at
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20. INTERNAL RESPONSIBILITY SYSTEM (IRS)
The underlying philosophy of any Occupational Health and Safety Act is the Internal Responsibility System, or the IRS. The IRS is a concept where employers, management and workers share the responsibility of the occupational health and safety, and that all parties must make every effort to identify hazards and develop strategies to protect workers and ensure a safe work environment.
To ensure that obligations under the Act are fulfilled within the Internal Responsibility System, workplace safety is monitored by workers and managers through a Joint Health and Safety Committee or an appointed Health and Safety Representative, as well as the MOL.
Internal
Responsibility
System
The IRS does the following:
Establishes responsibility sharing systems;
Promotes safety culture;
Promotes best practice;
Helps develop self reliance;
Ensures compliance
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21. INTERNAL RESPONSIBILITY SYSTEM (IRS)
The legal duties and responsibilities of employers, supervisors and workers overlap and complement each other. The IRS means that everyone in the workplace has a role to play and a duty to actively ensure workers are safe. For example, if a worker identifies a health and safety problem such as a hazard in the workplace they have a duty to report the situation to management. Once a hazard has been identified, the employer and supervisor have a duty to look at the problem and eliminate or control any hazard that could injure workers.
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22. DUE DILIGENCE
One way of ensuring that the Internal Responsibility System is effective in your workplace is to implement due diligence into your day-to-day routine. Due diligence is a term used extensively in health and safety. The term “due” is defined as, “as much as is required; enough; or adequate”. Diligence refers to “the degree of attention or care expected of a person in a given situation”.
In health and safety terms, it means that employers, supervisors and constructors will “take every precaution reasonable in the circumstances for the protection of the worker” – otherwise known as the “general duty clause”.
Want to know more about Due Diligence??
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DUE DILIGENCE is demonstrated by your actions
BEFORE an event occurs, NOT AFTER.
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23. DUE DILIGENCE AS A DEFENSE
Due diligence is an argument a company can make to defend itself in a court of law. The due diligence defense is only applicable when responding to a specific violation set out under a provincial Act, allowing organizations to argue that it has taken all steps necessary and reasonable under a set of circumstances to prevent injuries or accidents in the workplace.
The application of due diligence for legal compliance in the workplace requires ongoing measures that represent sufficient knowledge, sufficient processes and sufficient documentation.
Without documentation, it is difficult to “prove” due diligence, or an effective health and safety history, in a court of law. In addition, due diligence must reflect all legal requirements under the Act and its regulations.
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24. HAZARD
There are many definitions for hazard but the more common definition when talking about workplace health and safety is:
A hazard is any source of potential damage, harm or adverse health effects on something or someone under certain conditions at work.
Basically, a hazard can cause harm or adverse effects (to individuals as health effects or to organizations as property or equipment losses).
Sometimes a hazard is referred to as being the actual harm or the health effect it caused rather than the hazard. For example, the disease tuberculosis (TB) might be called a hazard by some but in general the TB-causing bacteria would be considered the "hazard" or "hazardous biological agent".
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25. RISK
WHAT IS RISK? In the context of Health and Safety, Risk is the chance or probability that a person will be harmed or experience an adverse health effect if exposed to a hazard. It may also apply to situations with property or equipment loss.
FOR EXAMPLE:
What is the main hazard when crossing a city street with traffic?
BEING HIT
The risk of being hit increases if you crossed that street under one, some or all of the conditions listed … multiple lanes of traffic
-- streetcars – vehicles making turns – raining – at night
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26. RISK Factors that influence the degree of risk include:
how much a person is exposed to a hazardous thing or condition,
how the person is exposed and
how severe are the effects under the conditions of exposure.
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27. RISK ASSESSMENT WHAT IS A RISK ASSESSMENT?
Risk assessment is the process where you:
identify hazards,
analyze or evaluate the risk associated with that hazard, and
determine appropriate ways to eliminate or control the hazard.
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In practical terms, a risk assessment is a thorough look at your workplace to identify those things, situations, processes, etc that may cause harm, particularly to people. After identification is made, you evaluate how likely and severe the risk is, and then decide what measures should be in place to effectively prevent or control the harm from happening.
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28. RISK ASSESSMENT WHY IS A RISK ASSESSMENT IMPORTANT?
Risk assessments are very important as they form an integral part of a good occupational health and safety management plan.
They help to:
Create awareness of hazards and risks.
Identify who may be at risk (employees, cleaners, visitors, contractors, the public, etc).
Determine if existing control measures are adequate, if more should be done or if there is an inherent risk that must be planned for.
Prevent injuries or illnesses when done at the design or planning stage.
Prioritize hazards and control measures.
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29. Risk Assessments are currently required for the following activities:
The goal of a risk assessment is to remove a hazard or reduce the level of its risk by adding precautions or control measures, as necessary. By doing so, you have created a safer and healthier workplace.
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Risk Assessments are currently required for the following activities:
Research / Renovations / Ryerson Events run by Students, Staff or Faculty on or off campus / Travel Outside Canada
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30. Check out IRM’s website on Risk Management & Assessment:
RISK ASSESSMENT
When doing an assessment, you must take into account:
the methods and procedures used in the processing, use, handling , storage, and waste of the substance
the actual and the potential exposure of workers, students, volunteers, guests and the public if it applies
the measures and procedures necessary to control such exposure by means of engineering controls, work practices , protective equipment and hygiene practices and facilities
It is important to remember that the assessment must take into account not only the current state of the workplace but any potential and reasonable situations as well.
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Check out IRM’s website on Risk Management & Assessment:
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31. RISK ASSESSMENT
What documentation should be done for a risk assessment?
Keeping records of your assessment and any control actions taken is very important. You may be required to store assessments for a specific number of years.
Your records should show that you:
conducted a good hazard review,
determined the risks of those hazards,
implemented control measures suitable for the risk,
reviewed and monitored all hazards for the ACTIVTY, EVENT, or PROJECT.
The level of documentation or record keeping will depend on:
level of risk involved,
legislated requirements, and/or
requirements of any management systems that may be in place.
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32. PERSONAL PROTECTIVE EQUIPMENT (PPE)
What is Personal Protective Equipment (PPE)?
Personal protective equipment is any device worn by a worker to protect against hazards.
Some examples are respirators, gloves, ear plugs, hard hats, safety goggles, and safety shoes or boots.
PPE
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33. PERSONAL PROTECTIVE EQUIPMENT (PPE)
What the law says
Section 25(1) under the Occupational Health and Safety Act (OHSA) requires employers to provide equipment, materials and protective devices; make sure they are used as prescribed; and maintain them in good condition. The OHSA also requires workers to use or wear the equipment, protective devices or clothing that has been prescribed.
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34. PERSONAL PROTECTIVE EQUIPMENT (PPE)
What you can do
PPE is considered the last line of defense against a workplace hazard, and is to be used only if the hazard cannot be eliminated or controlled in other ways. Establish a PPE program that will consider the hazards that require PPE, procedures for selection and fitting, maintenance and storage, monitoring use and training.
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