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LAW 529 (123)
Chapter 7

Chapter #7-Occupational Health and Safety Act.docx

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Department
Law and Business
Course
LAW 529
Professor
Pnina Alon- Shenker
Semester
Winter

Description
Chapter 7 Occupational Health and Safety ActTHE INTERNAL RESPONSIBILITY SYSTEMOntarios health and safety legislation has been based on joint responsibility which is referred to as the internal responsibility systemIn the internal responsibility system JHSC play a pivotal roleIn workplace with 6 to 19 workers a single hs representative exercises most of the same powersWHO IS COVEREDOHSA covers almost every worker and workplace in OntarioOHSA applies to workers and indvl need not be an employeeAnyone paid to paid to perform work or supple services including an independent contractor or a temporary agency employee is protectedWorkplaces that are not covered under federal jurisdiction are subject to CLC or workplaces where work is done by an owner occupant or servant in a private residence or its connected landKEY FEAUTURES OF OHSA 1 Focus on prevention of wplace accidents and diseases 2 The premise behind legislation is that wplace parties share the responsibility for ohs bc they are the best placed to identify health and safety problems and to develop solutions 3 The OHSA specifies the general rights and responsibilities of the workplace parties 4 All workers are covered by the OHSA 5 The OHSA applies to provincially regulated workplaces on Ontario 6 Under OHSA workers have 4 core rights a Right to participate b Right to refuse unsafe work c Right to stop work d Right to know about potential hazards 7 Penalties for Violating the OHSA include fines of up to 500000 and terms of imprisonment 8 The OHSA is administered by the MOLDUTIES OF THE WORKPLACE PARTIES Employer DutiesErs have an overriding general duty to take every reasonable precaution to protect the health and safety of workers In addition 1 Appoint competent supervisors who are familiar with hs req 2 Maintain equipment in good condition 3 Ensure that workers use protective equipment 4 Prepare a written occupational hs policy review it annually and maintain a program to implement it 5 Post the occupational hs policy in a conspicuous spot in the wplace 6 Acquaint workers with any hazards associated with their work 7 Identify and take inventory of hazardous materials and informtrain EE regarding this material 8 Help JHSCs and hs reps carry out their duties 9 Post the OHSA and explanatory material prepared by the ministry that outlines rights responsibilities and duties of workers in English and the majority language 10 Refuse to employ underage workers 11 Keep accurate records of biological chemical or physical agents as required by regulations under OHSA 12 Report accidents injury or illness to the MOLWorkers Dutiesthe OHSA imposes obligation on workers including to duty to 1 Comply with the OHSA and its regulations 2 Use and equipment protective device or clothing required by the ER 3 Report any missing or defective equipment or protective device that may be dangerous 4 Report any know workplace hazard 5 Refuse to engage in any prank contest feat of strength unnecessary running or rough and boisterous conductSupervisors Dutiesbecause supervisors fall within the OHSAa definition of workers workers duties apply to supervisors Additionally 1 Ensuring the workers comply with the OHSA and regulations by using protective devices and wearing protective clothing as required by the ER
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