Occupational Health and Safety Act

†¢ The Occupational Health and Safety Act provides us with the framework and the tools to achieve this goal.†¢ Changes to the Act in 1990 and subsequent years continued the evolution of occupational health and safety legislation in Ontario. These improvements are based on our experiences.†¢ Occupational injuries and illnesses have been present throughout history: – Ancient Egypt: stonemasons with respiratory problems– Industrial Revolution: introduction of new materials/ processes (asbestos, oils)†¢ OHS first evident in late 1800’s in Ontario with the passage of legislation establishing safety standards .By the 1900’s every province had laws that regulated heating , lighting, ventilation, hygiene, fire safety, and accident reporting†¢ 1974 was the start of the OHS system that we see today. The Royal Commission on the Health and Safety of Workers in Mines was formed by the Ontario government.†¢ This commission was the first to articulate the 3 principle rights of workers. These 3 rights still enshrine out current legislation and provides the basis for the OHS programming in Canada.1. The right to refuse dangerous work without a penalty2. The right to participate in identifying and correcting health and safety problems3. The right to know about hazards in the workplace Current OHSA. The Occupational Health and Safety Act (OHSA) was created to ensure a safe working environment†¢ Encompasses several regulations to cover various industries, working environments, and hazards†¢ Allows for quantifiable guidelines on exposure to hazards †¢ Used in combination with other Acts and Codes to maintain every worker’s basic right: to leave work in the same state they entered Tragedies that changed the Safety Movement. †¢ Elliot Lake Minor Strike – 1974 – Workers on Strike to protest deplorable health and safety conditions. Catalyst for the health and safety act. †¢ Westray Mine Disaster 1992 – was the result of actions, omissions, mistakes, incompetence and neglect. Methane gas ignited killing 26 miners. Took several years (2003) amendment to the criminal code now hold corporations and their senior officers accountable for criminal negligence in the workplace. Internal Responsibility System (IRS). The internal responsibility system is the underlying philosophy of the occupational health and safety legislation in all Canadian Jurisdictions. Its foundation is that everyone in the workplace –both employees and employers –are responsible for his or her own safety and for the safety of co-workers Work and Workplace Not Covered. †¢ Work done by the owner or occupant, or a servant, in a private residence †¢ Farming operation†¢ Workplaces under the federal government– Post offices– Airlines and airports– Banks– Some grain elevators– Telecommunication companies– Trucking, shipping, and railway– Federal workers are covered under a different law: The Canada Labor Code The Rights of Workers. †¢ The Right to Participate: Workers have the right to part of the process of indentifying and resolving workplace health and safety†¢ The Right to Know: Right to know about any potential hazards to which they may be exposed. This is done through WHMIS†¢ The Right to Refuse Work: Right to refuse dangerous work. Duties of Employers. †¢ The Act imposes duties on those who have any degree of control over the workplace, the materials, and equipment in the workplace and direction of the workforce.†¢ There is a general duty on employers to take all reasonable precautions to protect the health and safety of workers. 12Duties of Supervisor. †¢ Supervisor shall ensure that the workers works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and†¢ The worker uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn. Duties of Supervisor. †¢ Advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware;†¢ Provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and†¢ Take every precaution reasonable in the circumstances for the protection of a worker. †¢ Work in compliance with the provisions of this Act and the regulations;†¢ Use or wear the equipment, protective devices or clothing that the worker’s employer requires to be used or worn;†¢ Report to his or her employer or supervisor the absence of or defect in any equipment or protective device of which the worker is aware and which may endanger himself, herself or another worker; and†¢ Report to his or her employer or supervisor any contravention of this Act or the regulations or the existence of any hazard of which he or she knows. TO AVOID:†¢ Using or operating any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any other worker; or†¢ Engaging in any prank, contest, feat of strength, unnecessary running, or rough conduct. 16Joint Health and Safety Committees. †¢ A joint health and safety committee is required:†¢ At a workplace at which twenty or more workers are regularly employed;†¢ At a workplace with respect to which an order to an employer is in effect under section 33; or†¢ At a workplace, other than a construction project where fewer than twenty workers are regularly employed, with respect to which a regulation concerning designated substances applies. Duties of the Committee. †¢ Identify situations that may be a source of danger or hazard to workers.†¢ Make recommendations to the employer and the workers for the improvement of the health and safety of workers.†¢ Recommend to the employer and the workers the establishment, maintenance and monitoring of programs, measures and procedures respecting the health or safety of workers.18Composition of the committee†¢ A committee shall consist of:– At least two persons, for a workplace where fewer than fifty workers are regularly employed.– At least four persons, for a workplace where fifty or more workers are regularly employed.