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Your name You and the Law Understanding Your Obligations Under the OHSA 1.

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Presentation on theme: "Your name You and the Law Understanding Your Obligations Under the OHSA 1."— Presentation transcript:

1 your name You and the Law Understanding Your Obligations Under the OHSA 1

2 your name Agenda Understanding the Occupational Health and Safety Act (OHSA) Internal Responsibility System (IRS) Rights of Workers Responsibilities under the OHSA: –Employer responsibilities –Supervisor responsibilities –Employees responsibilities –Joint Health and Safety Committee 2

3 your name Agenda Enforcement and Penalties for Non- Compliance 3

4 your name The Law There are health and safety laws that specify rights and responsibilities for everyone in the workplace. They are: Occupational Health and Safety Act (OHSA) Workplace Safety and Insurance Act (WSIA) 4

5 your name Occupational Health and Safety Act (OHSA) Based on the concept of the Internal Responsibility System (IRS) Outlines the legal rights, duties, roles and responsibilities for workplace parties 5

6 your name Workplace Safety and Insurance Act Encourages and motivates all workplaces to implement IRS into their day to day operation and to make it part of their organization’s philosophy 6

7 your name Occupational Health and Safety Act 7

8 your name 8 Workplace Injuries There are more than 1,000 workers dying each year of workplace accidents and 340,000 suffer lost-time injuries

9 your name Basic Provisions of Health and Safety Legislation Based on Internal Responsibility System (IRS) or joint responsibility system Key Provisions of Internal Responsibility System: –Workplace parties, employer and workers work together to promote health and safety in the workplace –Each party has defined duties and roles under the Act –Joint Health and Safety Committees (JHSC) and their activities are a way of developing an effective IRS 9

10 your name Basic Provisions of Health and Safety Legislation –Employees with authority to assign work have the responsibility to ensure that the work is done safely by following the safe work practices and using adequate safety equipment 10

11 your name The Rights of Workers To balance the employer's general right to direct the work force and control the production process in the workplace, the Act gives 4 basic rights to workers 11

12 your name 1. The Right to Participate Workers have the right to be part of the process of identifying and resolving workplace health and safety concerns. This right is expressed through worker membership on Joint Health and Safety Committees, or through worker Health and Safety Representatives 12

13 your name 2. The Right to Know Workers have the right to know about any potential hazards to which they may be exposed. This means the right to be trained and to have information on machinery, equipment, working conditions, processes and hazardous substances 13

14 your name 3. The Right to Refuse Work Workers have the right to refuse work that they believe is dangerous to either their own health and safety or that of another worker. They may also refuse work if they believe they are endangered by workplace violence 14

15 your name 4. The Right to Stop Work In certain circumstances, members of a Joint Health and Safety Committee who are "certified" have the right to stop work that is dangerous to any workercertified 15

16 your name Responsibilities Under Occupational Health and Safety Legislation 16

17 your name Section 25- Employer Responsibilities Ensure compliance with OHSA and Regulations Prepare and post a written health and safety policy and establish a health and safety program to implement it Supervise workers to protect their health and safety 17

18 your name Section 25- Employer Responsibilities Provide and maintain protective equipment required for safe performance of a job. Ensure that they are used properly Provide adequate health and safety training to all employees Provide adequate resources for efficient functioning of health and safety committee 18

19 your name Section 25- Employer Responsibilities Post a copy of the Occupational Health and Safety Act Appoint a competent person as a supervisor Take every precaution reasonable for the protection of workers 19

20 your name Section 27- Supervisor Responsibilities Ensure workers comply with OHSA and Regulations Ensure workers use proper safety equipment, personal protective equipment, personal protective devices and clothing Advise workers of any health or safety hazards Provide written instruction for working safely Take every precaution reasonable for the protection of workers 20

21 your name Section 28- Employees (Workers) Responsibilities Work in compliance with OHS laws and Regulations and participate in keeping their workplace healthy and safe Use or wear safety equipment and protective devices required by employer Report all hazards to their supervisor Report known violation of OHS Laws and Regulations 21

22 your name Section 28- Employees (Workers) Responsibilities Not remove or make ineffective any protective devices required by employer or by Regulations Not use or operate any equipment or work in a way that may endanger another worker Not engage in prank, rough or boisterous conduct that may endanger other workers 22

23 your name Section 9 - Joint Health and Safety Committee (JHSC) Make recommendations about the safety of the workplace Obtain information from employer Consult about testing in the workplace Conduct workplace inspections 23

24 your name Section 66- Enforcement and Penalties for Non-Compliance Every person who contravenes Health and Safety legislation is guilty of an offence and liable to a fine of up to $25,000 or/and imprisonment of up to 12 months Charged party must prove that they exercised due care and diligence to avoid the contravention and it was not practicable to do better than what was done 24

25 your name Ministry of Labour 25

26 your name Enforcement of Occupational Health and Safety Laws Ministry of Labour (MOL) –Employs inspectors who visit workplaces to ensure companies are complying with their Occupational Health and Safety rules 26

27 your name Role of Ministry of Labour (MOL) Inspectors Uphold and enforce the OHSA Inspect the workplace and investigate potentially hazardous situations, accidents and work refusals May issue orders where there is a contravention of the Act May provide advice and mediation where there are disputes between workplace parties Can enter any workplace at anytime without a warrant 27

28 your name Role of Ministry of Labour (MOL) Inspectors In event of serious accident, inspectors conduct an investigation and determine if a charge should be laid under the Occupational Health and Safety Act Accused individual or company may need to appear in court, where a fine or other penalty could be imposed, if they are convicted 28


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