1. Occupational Health & Safety Legislation -companion resources > In Class NL OHS Act Binder

2. OH&S Legislation Throughout this course the emphasis is on: How you can be safe in the fabrication lab, and How you can be involved in creating and maintaining a Positive Health and Safety Culture while in class.

3. OH&S Legislation As you work through this section, keep asking yourself this question: How can this help me to be safer?

4. OH&S Legislation In this unit, the intent is to: build an awareness of OH&S decrease the # of injuries you may be exposed to as a young worker give you experience with the OH&S legislation help you have a positive attitude towards OH&S

5. What is Legislation? Legislation is the laws that govern our daily activities. For example: Criminal Code – laws to protect citizens and maintain public order Schools Act – laws to ensure that all children have an education There are also laws that govern workplaces and outline the general rights and responsibilities of employees and employers.

6. Provincial OH&S Legislation This unit concerns the OH&S legislation for this province. But some workplaces are covered by Federal Law. In Canada, there are two sets of laws governing OH&S: One for workplaces under federal jurisdiction The other is for workplaces under provincial jurisdiction.

7. Federal OH&S Legislation Only 10% of the Canadian workforce falls under the jurisdiction of the federal government 90% fall under provincial or territorial legislation Some workplaces are covered by both jurisdictions. Workplaces that fall under federal jurisdiction must follow: The Canada Labour Code Part II and The Canada Occupational Safety and Health Regulations

8. Federal Jurisdiction Workplaces that fall under federal jurisdiction include: Federal Government Departments Fisheries and Oceans Canada Human Resources and Skills Development Canada (HRDC) Canada Revenue Agency Crown Agencies

9. Federal Jurisdiction Workplaces under federal jurisdiction: airports banks canals exploration and development of petroleum on lands under federal jurisdiction Ferries, railways, tunnels and bridges highway transport pipelines radio and television broadcasting and cable systems shipping services telephone and telegraph systems

10. OH&S Legislation Every province and territory has an Act: In NL – Occupational Health and Safety (OH&S) Act and Regulations (binders of legislation provide in class and home copy of handbook provided to each student) The OH&S Act regulates health and safety in workplaces in our province.

11. How is the legislation enforced? Federal and provincial jurisdictions have inspectors who: Conduct inspections Investigate accidents and serious injuries Complete tests such as air quality assessments Inspect radiation controls Enforce the OH&S legislation

12. Stop-Work Order If inspectors discover that all or part of work at a workplace poses an immediate risk to the health and safety of workers or other people, they may issue a stop-work order. A stop-work order means that all work stops until the unsafe condition is corrected

13. OH&S Directives When inspectors find that an employer is not complying with OH&S Legislation, they may issue directives. A directive states the law they must comply with and a time-frame for compliance. For example, if required training has not been given, the directive will state that the training session must be completed by a certain date.

14. Rights and Responsibilities OH&S legislation sets the minimum standard: Minimum Standard - the least that a worker or employer is required to do to ensure a safe and healthy workplace. Many workplaces often go far beyond this minimum standard. Every year, however, 30% of all injuries in the workplace happen to young workers!

15. Purpose of the OH&S Act The OH&S Act and Regulations were created in 1978 to protect workers while on the job.

16. What is the IRS? I-Internal R-Responsibility S-System The IRS is a philosophy about safe work. It's a way of thinking, an attitude with which you approach everything you do at work.

17. The IRS

18. What is the IRS? The IRS has everything to do with your health and safety while at work. The IRS: involves everyone. commitment from everyone. ensures compliance with OH&S legislation makes identifying and solving problems a priority. makes prevention a high priority can only work if there is communication and cooperation Everyone must take “reasonable care.”

19. What is the IRS? The IRS is based on: Personal Responsibility Cooperation The Right to Know

20. What is Due Diligence? How can employers, supervisors workers, contractors, etc. defend themselves against charges of breaking the laws regarding OH&S in the workplace? By practising Due Diligence

21. What is Due Diligence? Due diligence occurs when a person takes all actions that are normally considered to be “reasonable.” It refers to the level of judgement, care, and prudence that a person would reasonably be expected to take under normal circumstances

22. What is Due Diligence? When someone has been charged with breaking the OH&S law and they believe they have done everything reasonable to care for the health and safety of their workers and co- workers, then they can use due diligence as a defence. In cases where legal action has been taken, defendants will want to prove that they were duly diligent. Due Diligence should be a part of everyday business.

23. Ways Employers Practice Due Diligence Provide OH&S training for workers Make certain that workers are aware of the hazards associated with their work new workers have a proper orientation unsafe conditions are corrected workplace inspections are held regularly

24. Ways Supervisors Practice Due Diligence Make certain that OH&S policies and procedures are followed Make sure workers are not afraid to bring OH&S issues to their attention Carry out workplace inspections

25. Ways Workers Practice Due Diligence Workers must accept responsibility for their own health and safety Workers must report unsafe working conditions to their supervisor

26. Duties of Workers and Employers We will review the following sections of the OH&S Act and Regulations: Section 4Employers' General Duty Section 5Employers' Specific Duties Section 6Workers' General Duty Section 7Workers' Specific Duties Section 8Imminent Danger Section 6 of the OH&S Regulations – General Duties of a Worker

27. Basic Rights What are the basic rights of workers? The right to know The right to participate The right to refuse

28. The Right to Know What do workers have the right to know? Workers have a right to know about all of the hazards to which they might be exposed in their workplace, such as: Chemicals present and first aid treatment required (WHMIS) Dangers associated with equipment

29. The Right to Participate What do workers have the right to participate in? Workers have the right to take part in protecting themselves against injury or illness in the workplace. This may mean Being a member of the OH&S committee Assist in developing safe work procedures Reporting unsafe conditions

30. The Right to Refuse Workers have a right to refuse unsafe work if the feel that conducting the work will cause injury or illness to themselves or others There is a full section (45) of the OH&S Act that deals with this right. When a worker decides to refuse unsafe work it is important that the supervisor is the first one notified.

31. The Right to Refuse

32. Important Note: Workers cannot be disciplined if they use their right to refuse unsafe work when they have reasonable grounds to believe that the work is dangerous to the health and safety of themselves or others.

33. Where to get more information Talk to your supervisor. OH&S Act and Regulations should be available in every workplace. There are are many websites you could visit.