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Human Resources Management
HRM 3400
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Occupational Health & Safety Management HRM 3400 – Winter 2012 – Anna Blake Lecture 7 – Legislation – Feb 27 Common Elements among All Canadian Occupation Health Legislation - An act - Powers of enforcement - The rights of workers to do unsafe work. - Protection of workers from reprisals. - Duties and responsibilities assigned to key stakeholders. New Approach to Occupational Health and Safety in Ontario - Four fundamental principles o Workplace self-reliance in OH&S should be enhanced. o Strong partnership forged with the cooperation of the major players in OH&S. o Encouragement of OH&S best practices. o Effective enforcement. Duties and Responsibilities of Major Players - These include employers, owners, contractors, supervisors and workers. - Employers have a primary duty to provide a safe work environment. Employer, Supervisor, Employee Defined - Who is an ‘employer’? o A person who employs one or more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services. - Who is a ‘supervisor’? o A person who has charge of a workplace or authority over workers. o In Ontario, a competent supervisor is familiar with the OH&S act and regulations and has knowledge of potential hazards. - Who is a ‘worker’? o A person who performs work or supplies service for monetary compensation but does not include an inmate of a correctional institution. Health and Safety Representatives - Section 8 – OHSA. - Required when there is no committee required under Section 9 and where the number of the workers regularly exceeds five. - Workers must select at least one H&S rep from workers at the workplace that do not exercise managerial functions. - Powers and responsibilities o Inspect the physical conditions of the workplace at least once/month. o Obtain information from employer.  Concerning the conducting or taking of tests for the purpose of health and safety.  To identify potential or existing hazards of material, processes or equipment.  Regarding OH&S experience and work practices in similar industries. o Consulted about, and present at the beginning of testing. o Obtain information/investigate critical injuries. - Employers must respond to recommendations in writing within 21 days. Joint Health and Safety Committees - Section 9 – OHSA. - Required under the act: o Where 20 or more workers are regularly employed. o Where a designated substance regulation applies (other than a construction project with fewer than 20 regular employees), or o When ordered by the ministry of labour. Composition of JHSC - Under 50 employees, at least 2 JHSC members. - 50 employees or over, at least 4 JHSC members. - At least ½ of the JHSC members are workers with no managerial responsibilities. - Worker members selected by workers/union; management members selected by employer. - Management co-chair selected by management; worker co-chair selected by worker members. - At least one management and 1 worker member to be certified. Powers, Duties and Functions of JHSC - Identify hazardous situations and make recommendations. - Be consulted on: o Preparation of hazardous materials/physical inventories. o Training for workers using hazardous materials/physical agents. o On assessment and control program for designated substances. o And provide with information regarding industrial hygiene testing strategies. o Provided information about health and safety tests. - Obtain information from the employer respecting: o Identification of health and safety hazards. o Health and safety experience of similar industries. o Health and safety reports. - Request from WSIB an annual summary of workplace injury experience. - Be bound by confidentiality requirements under the act. - Meet at least every three months. - Maintain and keep minutes of meetings. - Be given time to prepare for and attend meetings and carry out other duties as specified by the act. - Be paid for time spend in preparing for meetings and attending to duties for JHSC members, as specified by the act. Worker Members, Powers, Functions and Duties - To designate a member to: o Inspect workplace conditions at least once/month. o Investigate cases of critical injury or fatality. o Be present during a ‘refusal to work’. o Accompany an inspector during workplace inspections. o Be consulted about nay health and safety testing. o Be present at any health and safety test. Terms of Reference for JHSC - Statement of JHSC purpose. - Departments/area represented. - Powers and functions of JHSC. - Record keeping. - Minutes of meeting. - Agendas for mee
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