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
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
Regarding OH&S experience and work practices in similar
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
- Management co-chair selected by management; worker co-chair selected by
- 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
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