Session 7 – HRM 3400.docx

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Human Resources Management
HRM 3400
Anna Blake

Session 7HRM 3400Legislation Actis defined as a federal provincial or territorial law that constitutes the basic regularity mechanism It provides the ground rules of who enforces the rights and responsibilitiesOccupational health and safetyIt empowers others to write regulations A bill has to be passed by the legislative assembly and has to receive 3 readings and after receiving Royal ascent the passed bill becomes an act Regulationsexplain how the general intent of the act will be applied in certain circumstances Regulations are written by the Ministry of Labour most of the times after consultations with employers and labour associationsThere are different regulations written for different types of work sites ie construction industrial establishments health care and residential facilities There are also regulations that cover specific types of hazards including designated substances WHMIS window cleaning biological and chemical agents and xrays Guidelines and policiescontain more specific rules but are not specifically enforceable unless referred to in a regulation or act The Ministry of Labour has guidelines for heat stress ultraviolet exposure etc These are not legally binding per seSection 252h of the OHS Actgeneral duty clause Standards and codesstandards established by agencies ie of an agencyCanadian Standards Association and are not enforceable unless referred specifically to it Prescribedunder Ontario OHS legislation something to be undertaken because of legal or employer requirement such as a rule or direction Constructorin health and safety legislation a person or company that oversees the construction of a project and that is ultimately responsible for the health and safety of all workers Constructorsprimary contractors have similar responsibilities as employers OHS is legislated by the provinces and there is a federal legislation as well The federal legislation is enforced by Labour Canada and covers post offices banks telecom transportation and other interprovincial organizations In BC and Quebec OHS enforcement is under the jurisdiction of Workers Compensation and in the rest of the provinces and territories it is under the jurisdiction of Department of Labour Some of the areas where they differ from province to province are mandatory Health and Safety comities accident prevention programssome of them have advisory councils for Health and safety as well as the requirements for health and safety policies However there are common elements among all Canadian occupational health legislation These are 1 all provinces have an act 2 they all have powers of enforcement 3 the rights of workers to refuse to do unsafe work 4 protection of workers from reprisals and 5 duties and responsibilities assigned to key stakeholders employers and others The general dusty provision requiring employers to take every reasonable precaution to ensure employee safety is Canadawide In 1997 a new approach to Health and Safety took place in Ontario It was based on 4 fundamental principles 1 workplace selfreliance in OHS should be enhanced 2 strong partnership forged with the cooperation of the major players in OHS 3 encouragement of OHS best practices and 4 effective enforcement transition from NDP to PC party in Ontario Ontarios Occupational Health and Safety Act and Regulations for Industrial EstablishmentsOccupational Health and Safety Act RSO 1990RSORevised Statute of Ontario Is divided into sections subsections clauses and subclauses ie 9 2 a j section 9 subsection 2 clause a and sublause j1
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