NBB002.1

Occupational health and safety

2 Revision 02

The Occupational Health & Safety Act

• Minimum standard

• Regulations made under the OHSA

• Internal responsibility system

• Rights of workers

• Offences and fines

• The concept of due diligence

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Internal responsibility system

• Principal that workplace hazards can be dealt with through communication and co-operation between employer and workers

• Workplace parties share the responsibility for occupational health and safety and must strive to identify hazards and develop strategies to protect workers

• Multipartite approach

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Rights of workers

• Right to know

• Right to participate

• Right to refuse

• Right to stop work

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Duties and responsibilities of workplace parties under the OH&S Act

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Section 25 – duties of employers

• Equipment, materials and protective devices as prescribed are provided

• Equipment, materials and protective devices are maintained in good condition

• Equipment, materials and protective devices as prescribed are carried out in the workplace

• Equipment, materials and protective devices provided are used as prescribed

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Duties of employers cont.

• Provide information, instruction and supervision to worker to protect safety of worker

• Acquaint a worker or a person in authority over a worker with any workplace hazards

• Afford assistance to JHSC• Prepare and review at least annually a written

OH&S policy and develop a program to implement that policy

• Take every precaution reasonable in the circumstances to protect the worker

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Definition of competent person

• Qualified because of knowledge, training, and experience to organize the work and its performance

• Familiar with OH&S Act and Regulations

• Has knowledge of any potential or actual danger to safety in the workplace

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Section 27 – duties of supervisors

• Ensure worker uses or wears the equipment and/or PPE required by employer

• Advise worker of any potential or actual danger to worker’s safety

• Ensure worker works in compliance with OH&S Act and Regulations

• Provide a worker with written instructions• Take every precaution reasonable in the

circumstances to protect the worker

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Section 28 – duties of workers

• Work in compliance with OH&S Act and Regulations

• Use or wear equipment and/or PPE required by employer

• Report and contravention of OH&S Act and Regulations

• Report absence or defect in any equipment or protective device

• Shall no engage in any horseplay, or rough and boisterous conduct

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Section 23 - constructors

• Defined: means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more then one employer.

• Must ensure Act and Regs are abided by on the project• Ensure every employer and worker on project comply with

Act and Regs. And that H&S of works on project be protected

• Ensure MOL is notified of projects as required• Take every precaution reasonable in the circumstances to

protect the worker

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Section 32 – directors and officers of corporation

• Shall take all reasonable care to ensure that the corporation complies with:– The Act and Regulations– Orders and requirements of inspectors and

directors– Orders of the Minister

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Section 43 – right to refuse

• Restricted right for hospital workers– Endangers the safety of another person– Inherent or normal condition of employment

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Refusal to work

• Worker may refuse if he or she has reason to believe that:– Operating of equipment or device may endanger– Physical condition of workplace may endanger– Contravenes OH&S Act and/or Regulations

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Work refusal – stage one

• Worker promptly reports refusal to supervisor

• Supervisor investigates forthwith– In presence of worker– Labour JHSC member

• Worker remains in safe location until investigation complete

• Refusal resolved, worker returns to work

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Work refusal – stage two

• MOL notified

• Pending results of investigation– Worker to remain in safe location– Worker may be assigned other work– Another worker may be assigned work:

• However must be advised of refusal in the presence of Labour JHSC Member

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Workplace accidents reporting obligations

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Critical injuries

• Injury places life in jeopardy• Produces unconsciousness• Results in substantial loss of blood• Fracture of leg or arm, but not a finger or toe• Amputation of a leg, arm, hand or foot but

not finger or toe• Burn to a major portion of the body• Loss of sight in an eye

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Section 66 – offences and penalties

• Every person who contravenes or fails to comply with the act or ministry orders is guilty of an offence.

• Upon conviction, fines up to $25,000 and up to 12 month jail term per offence.

• Corporation: fines up to $500,000 per offence.• Accused person (incl. Corp.) may be found liable for

any act or neglect on the part of directors, managers, supervisors, officers etc., as if offence was committed by the accused. Strict liability

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Due diligence

• As a legal defence – acquittal in either of two ways:– Proving that all reasonable care was taken to

avoided the episode or,– Proving that one believed in a mistaken set of

facts (ignorance of the law doesn’t count) that, if true, would render the prohibited act innocent.

– Being “wilfully blind” will not save you, it will bury you

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Establishing due diligence

• Develop specific policies, practices and procedures for hazardous activities in the workplace

• Provide adequate orientation and training to workers• Ensure that competent supervisory staff monitor

hazardous work and communicate risks to workers• Audit the workplace for foreseeable health and

safety risks and protect workers accordingly• Ensure compliance through rules and discipline• Never assume that the worker will know enough

about the risks involved in any given task