Health and Safety Legislation

Overview

09/08/2016

Act VS Regulation
Act:
Federal, provincial, or territorial law which constitute basic
regulatory mechanism for OHS
Power to make regulations
General principals and duties for workplace what HAS to be done
Applies to all workplaces in Ontario
Regulation:
How the general intent of the Act will be applied in specific
circumstances
Specific rules that affect certain jobs
Tells you how work is to be carried out HOW to do it
Organization of Regulations:
Industry specific
Type of work
Specific hazard
Administrative

Purpose of OHS Act:

To protect workers against health and safety hazards in the
workplace
Sets a minimum standard of expectations for owners, employees,
and workers
Enabling piece of legislation
Main Features:
Internal Responsibility System (IRS)
Right to participate/know/refuse work/stop work
Organization of Regulations and Act
Parts: the main areas in which sections covering the sam subject
areas are grouped together
Sections: Contain a main idea or subject
Subsections: Expand on the main theme
Clauses: Further divide a section having related information
Subclauses: Further divides a clause having related information

Common Terms:
As prescribed Somewhere in the regulation, there are details
Idem Same title as before
Legislation is always changing
The act can be updated
New regulation comes into effect
It is the expectation that employers are aware of these changes
Part l Application
Where, when and to whom the OHSA applies
o Does not apply to farms or teachers
Part ll Administration
Admin. With the Ministry
Delegation of powers from the Minister of Labour to inspectors and
Directors
Training program standards and approval
Establishment of H&S reps. Or JHSC
Part ll.1 Prevention Council, Chief Prevention Officer and Designated
Entities
Prevention Council

Chief Prevention Officer

Funding and Delivery of Services
Designated Entities

Part lll Duties of employers and other persons

Suppliers
Board of Directors
Employer
Owner
Supervisor
Worker
Part lll.0.1 Violence and Harassment
Requirement for policies and programs
Requirement to assess the risks of workplace violence and reassess
Take precautions with respect to Domestic Violence
Provide info and training to workers
Part lll.1 Codes of Practice
Written by technical experts in the field and provide guidance and
recommendations on how to safely use or work around a prescribed
hazard
Complying with a code of practice can be seen as compliance w/ a
regulation BUT failure to comply w/ a code of practice is not in itself
a breach of the regulation
Pat lV Toxic Substances
Requirements for biological, chemical or physical agents used at the
workplace
The employer shall:
o Report to the MOL of its use
o Assess hazards, provide MSDS

o Provide instruction and training to workers

o Provide copies of assessments and training JHSC for
consultation
Part V Right to Refuse or Stop Work
If he/she believes that the work is likely to endanger him/her or
another person (including workplace violence)
Outlines the steps to take in the case of a refusal
Limitations if the refusal regards a normal condition of employment
or the refusal would directly endanger the life or safety of a person
Workers cannot refuse work if:
o The hazard is inherent in the work
o The refusal could endanger the life of another person
Part Vl Reprisals from Employer Prohibited
Prohibits employers from seeking reprisal against workers who
perform their duties in a compliant manner
What constitutes a reprisal? Section 50
Part Vll Notices
Details required notices to the Ministry of Labour in the case of:
o A critical injury or fatality
o A worker who is disabled from performing usual work or
requires medical attention
o An occupational illness or claim with WSIB
o An accident or unexpected event that could have caused an
injury at a construction site or a mine

Part Vlll Enforcement

Power and authority of an MOL inspector
o Enter any workplace (except a dwelling) anytime, without a
warrant, unless the MOL is certain it will be laying charges
o Seize or make use of anything in the workplace in order to
gather evidence
o Questions anyone, order any tests, take photos, take
samples, all at the expense of the employer
o Issue orders, which remain in effect until a hazard is rectified
to the inspectors satisfaction
Part lX Offences and Penalties
For failing to comply with the OHS Act, a specific regulation under
the Act, an order of the Ministry inspector or the Minister
Individual convicted fine of not more than $25 000 or 12 months
imprisonment, per offence
Corporation fine of not more than $500 000 per offence
Part X Regulations
Allows regulations to be made under this Act
Regulations can be:
o Industry specific
o Type of Work
o Specific Hazard
o Administrative

Internal Responsibility System:

Employers and workers each have responsibilities for health and
safety in the workplace
The Act creates an interlocking set of duties, obligations and rights
Ministry of Labour determines if those duties and obligations are
fulfilled (enforce the Act)

Internal Responsibility System (IRS)

Workers, supervisors and employees work together to identify and
solve health and safety problems
Workers, supervisors and employers are each held legally
responsibly for their workplace
Health and safety management must become part of the
management system already in place
Die Diligence:
An important legal defense for a person charged under occupational
health and safety legislation
If charged, a defendant may be found not guilty if he or she can
prove they exercised due diligence
o That is, they took all reasonable precautions, under the
particular circumstances, to prevent injuries or accidents in
the workplace

Establishing Due Diligence:

o Employers must implement a plan to identify possible
workplace hazards and carry out the appropriate corrective
action to prevent accidents or injuries arising from these
hazards
o To establish due diligence, employers can:
Train employees
Support JHSC, create posters and info
Provide warnings for hazards
Progressive discipline
Provide necessary PPE
Works Responsibilities:
o Have a duty to take reasonable care to ensure the safety of
themselves and their coworkers
o Include following safe work practices and complying with
regulations
o Report incidents and hazards to their employer in a timely
manner

Record Keeping
Legislation stipulates when permanent records or logs are required
Shall be made available to a Ministry inspector upon request
How long should records be kept?
o Many records that should be kept even though they are not
legally required
o
Joint Health and Safety Committee (JHSC) section 9
Establishment
o Required at a workplace where
20 or more workers are employed
where there is a Designated Substance

at a construction project which will last at least 3

months and they is at least 20 workers
An order has been issued by the Ministry of Labour
Composition
o How many member must a JHSC have?
At least two persons, for a workplace where fewer than
50 workers are regularly employed
o Who appoints worker members/management members?
Worker members are selected by the workers they
represent
The employer selects management members
o How many members must receive certification training?
At least one member of the committee representing the
constructor or employer and at least one member
representing workers are certified members
o Who selects the co-chairs?
Members on the committee choose the co-chair
Basic responsibilities and rights
o Attendance at industrial hygiene testing
o Accompany an MOL inspector
o Conduct monthly workplace inspection
o Investigate serious accidents and work refusals
o Obtain info from WSIB
o Notify inspector of dispute
o Investigate complaints
o Order employer to stop dangerous work

o Make recommendations to the employer

Bill 160 update if the JHSC cannot reach consensus on
written recommendation, a JHSC co-chair can submit
alone
Terms of reference (how JHSC operates)
o Committee must be co-chaired; worker and management rep
o Members are entitled to 1 hour of paid preparation time prior
to each meeting
o Members are to be paid at meetings, and carrying out other
committee duties
o Pay is paid according to Collective Agreement
o Must keep record of meetings
Employer obligations to JHSC/HSR
o Provide specified info relating to:
Provide training (certification)
Give notice of fatality/critical injury, etc
Post JHSC info in the workplace
o Provide location for meeting
o Choose employer rep
o Inform JHSC of work-related accidents
o Provide JHSC with results of H&S reports
o Provide written response to recommendations within 21 days
o Ensure member certification training is provided
Part 1 Basic certification
Part 2 Workplace specific

o Pay members for time spent of JHSC duties

Multi-workplace JHSC
o Employers may request to operate a multi-side JHSC
o Same functions as a regular JHSC with the addition of a
designated member
Worker Trades Committees
o Similar to JHSC
All members are chosen by the workers in those trades
Are required on projects that regularly employ 50 or
more workers and are expected to last at least 3
months
o Role of the WTC:
To inform the JHSC about H&S concerns of the
individual trades that are on the project

Health and Safety Representatives

Required at a workplace or construction project where there are 619 workers and there is not a JHSC
HSR is to be chosen by the workers
HSR has the same power as JHSC, but not work stoppage
o Bill 160 update HSR should now receive training to ensure
they are able to fulfill their duties (s.8(5.1))
Confidentiality:
JHSC/HSR members must not disclose:
o Info about any workplace tests or inquires conducted under
the Act
o The name of any person for whom info is received

o Any secret related to manufacturing processes or trade info

o Any medical info or test results of a worker
Right to Refuse Unsafe Work (Section 43)
All workers have the right to refuse work where they have a reason
to believe they are in danger
Limitations on the Right to Refuse Work:
Some workers cannot refuse work if
o The hazard is inherent in the work
o The refusal could endanger the life of another person
Work Refusal Steps:

Pending the MOL investigation:

The refusing worker may be offered other work
Refused work may be offered to another worker, but they must be
told that it is the subject of a work refusal.
This must be done in the presence of:
o A JHSC member
o H&S rep
Right to Stop Work:
Work can be stopped only in dangerous circumstances (subsection
44(1))
o The act or regulations are being contravened
o The contravention poses a danger or a hazard to a worker
o Any delay in controlling the danger or hazard may seriously
endanger a worker
(1) Dangerous circumstance identified by certified member, and
investigated by supervisor
(2) Second cert. member is contacted if supervisor not rectify, and
both members determine if work stoppage needed
(3) If certified members disagree, MOL inspector is called in