LAWS 3401 Lecture Notes - Lecture 5: Occupational Safety And Health, The Employer, Canada Labour Code
8 Feb 2016
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Deter and penalize those who violate occupational health and safety standards there are legislation in every province as well as specific industry differs from workers compensation legislation. Designed to deal with workplace before it happens. Where as workers compensation is after the injury. Due diligence level of care/ judgment a person needs to take into account under circumstance. Employers must take every precaution reasonable person could in the circumstance to prevent a work-related injury/illness. Under ohs the employer must take every precaution reasonable. Courts see ohs offences as strict liability offenses trying to prevent accident in the workplace: not necessary for the prosecution to prove intentional, as long as they can prove that a prohibited act occurred wrongdoing. Due diligence is the defense to strict liability (cid:2) (cid:2) (cid:2) (cid:2) (cid:2) Covered both federal law and provincial law: canada labour code part 2. Employee in the federal jurisdiction: general occupation health and safety act, rso.
