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Canada (162,227)
MHR 711 (20)
Chapter 2

MHR 711- Chapter 2

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Department
Human Resources
Course
MHR 711
Professor
Danielle Lamb
Semester
Fall

Description
MHR 711 Chapter 2: Legislative Framework Regulatory Framework (Overview) - Each province/territory (jurisdiction) has own regulations (legislation enforcement)… - Act: A federal, prov or territorial law that constitutes the basic regulatory mechanism for OH&S - Regulations: explain how the general intent of the act will be applied in specific circumstances o Usually developed by Ministry of Labour officials/ same force of law as act (?) - Guidelines and policies: specific rules, not legally enforceable unless referred to in regulation/ act - Standards and codes: design-related guides established by agencies like CSA or ANSI o Don’t have force of legislation, provide orgz w/ “best practices”/ basis for due diligence o CSA Canadian Standards Association/ ANSI American National Standards Institute All Canadian OH&S legislation include: o An act o Powers of enforcement o Right of workers to refuse to do unsafe work o Protection of workers from reprisals (punishment) o Duties & responsibilities assigned to employers & others - Varying elements: o Mandatory joint labour/mgmt h&s comms o H&s policies o Accident-prevention programs o Advisory councils on oh&s - Multinational and transportation companies may fall under 2+ jurisdictions - In FED jurisdiction Employer still liable even if absence of specific violation to a regulatory provision (? P. 26) o Term “ensure” applied across Canada  accepted to mean strongest responsibility possible short of guarantee - OH&S Labour legislation/ stndrds/regulations continually updated (specific or broad change) Stakeholder (OH&S) Duties/Responsibilities Duties of Employers, Owners, and Constructors/Primary contractors: 1. Employer/ Owner a. Safe work environment b. Provide supervision, education, training, and written instructions where applicable c. Assist JH&S Comm/ representative + comply w/ statutes & regulations d. Ensure equipment provided and maintained e. Appoint a supervisor f. Provide info (confidential info) in a medical emergency (?) g. Inform supervisors & workers of possible hazards h. Posting OH&S Act in workplace i. Prepare & maintain a h&s policy; review annually - All OH&S acts include prescribed duties o Prescribed: Under Ontario OH&S legislation, sth to be undertaken b/c of legal or employer rqmnt., such as a rule or direction (?)  E.g. employer’s responsibility establish OH services, or description of written procedures 2. Constructor/ Contractor (similar to employer’s responsibilities) - Constructor: in h&s legislation, person/company that oversees construction project, responsible for h&s of all workers a. (in some provinces) notify authority w/i a specified time when construction prjct commence soon i. e.g. w/ a “Notice of Project”  outlines: approx. cost, scope, commencement date, duration 1 MHR 711 Chapter 2: Legislative Framework - In Ontario, owner/ contractor responsible for notification by way of tender (?) when any designated substance (can inflict acute or chronic damage to worker…e.g. asbestos or UFI insulation) likely to be encountered during construction prjct. Duties of Supervisors: - Supervisor = a person w/ authority over a worker, has charge of workplace o E.g. Union members, association members covered under a collective agreement, plant managers, general managers, lead hands, forepersons, school principals, or self-employed individuals - Criteria to be considered a Supervisor… o Authority to promote/ recommend promotion o Discipline workers o Schedules or assigns work - Duties: a. Ensure workers comply w/ OH&S act & regulations b. Ensure workers use/wear safety equipment/devices/clothing c. Advise workers of possible hazards d. Provide written instructions if applicable e. Take every reasonable precaution to ensure protection of workers Duties of Workers: - New in h&s legislation…before late 70s responsibility was only employer’s a. Comply with OH&S Act & regulations b. Use safety equipment/clothes properly c. Report hazards to supervisor; e.g. defective equipment d. Report any contraventions (violations) of act/regulations Prohibited from: making safety device ineffective, using any hazardous equipment in unsafe conditions, engage in rough/boisterous conduct Rights of Employees 1. Right to know about oh&s issues + hazards in workplace 2. Right to participate in decision making 3. Right to refuse unsafe work Structure of Joint H&S Committees  “right to participate” - Comms required in 9 jurisdictions, minister responsible has discretionary power to require formation of committees in remaining 4 jurisdictions (?) - Primary function: Labour and management work together, create safe & healthier workplace - Structured so equal/better representation required from workers who don’t have managerial responsibilities - Each workplace rq. a JHSC must train & certify 1 management & 1 worker member o Subjects trained on (1-3 weeks): law, general safety, hygiene, routes of entry (into body), indoor air quality, chemical safety, certified workers’ rights & duties, and joint comms. o Certified members involved in: inspections, work refusals, bilateral work stoppages (b/c of imminent hazard), investigate critical accidents, attend beg. of hygiene testing, respond to worker concerns - JHSC, developed from idea of Internal Responsibility System (IRS)- all parties @ work responsible to improve h&s Work Refusal  “right to refuse” 1. Limitations: a. Can’t refuse if it’s part of normal condition of employment b. If refusal places another’s life in jeopardy 2 MHR 711 Chapter 2: Legislative Framework i. (they have) Limited right of refusal: Police, firefighters, teachers, health care workers 2. Procedure: a. Investigation conducted by supervisor and worker representative (union, JHSC member, coworker) b. Investigation results in return to work, OR continued refusal i. Continued refusal ministry inspector/officer conducts investigation+ provides written decision ii. meanwhile…replacement worker not assigned work refused yet unless they informed by circumstances surrounding refusal iii. Refusing worker, continues to receive the regular remuneration for job may be assigned alternative work but not sent home Stop-Work Provisions (Ontario) ”right to refuse” - 1990 act to amend the Ontario OH&S act was given Royal Assent 1. Provisions for stopping work: a. Bilateral form nd i. If Certified member of JHSC (labour)+ supervisor (possibly 2 certified member), following remedial actions taken
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