Most Canadian workplaces are governed by provincial legislation- OHSA

• private sector

Some organizations fall under Federal legislation- Canada Labour Code Part II

• public sector
• post office, banks, railways, highway transport, shipping, airport
• radio/television/telephone

Health and Safety Legislation

Federal Legislation

• Canada Labour Code Part II

• Innocent until proven guilty

Provincial Legislation

• The Occupational Health and Safety Act and Regulations

• Guilty until proven innocent.

Federal / Provincial Legislation

Canada Labour Code II

• Penalties & Fines
• not more than $1,000,000
• not more than two years in prison
• Criminal actions of directors, executives, senior management
• Found guilty of ‘Intent”

Occupational Health and Safety Act

• Penalties & Fines
• $25,000 and / or
• up to 12 months in prison
• Corporation - $500,000
• “Across the Board”
• Found guilty of “Non-compliance”
Overview of the OHSA

The primary purpose of the Act and Regulations

• reduce the human pain and suffering due to injury and illness
• provide the framework for the development and implementation of proactive, effective
health and safety programs
• to monitor that management / employees are working effectively to create a safe
workplace

Legislation

Based on Internal Responsibility System (IRS)

• Everyone inside the workplace;

• responsibilities
• general duties /minimal standards

The OHS Act

• Identifies responsibilities and duties of all individuals

• Includes three fundamental rights
• The Right to Know
• The Right to Participate in health and safety
• The Right to Refuse
Other Safety- related Acts, Codes, Regulations and Standards

The Occupational Health and Safety Act and various regulations refer to other Acts, Codes,
Regulations and Standards all of which are enforceable under the Occupational Health &
Safety Act including:

Other Safety- related Acts, Codes, Regulations and Standards cont.

• Boilers and Pressure Vessels Act,
• Canadian Labour Code,
• Canadian Standards Association,
• Federal Controlled Products Regulations,
• Ontario Building Code,
• Ontario Electrical Safety Code,
• Ontario Fire Code,
• Ontario Workplace Safety and Insurance Act

Legislation
• Acts are established through a process that involves
• preparation by ministry staff
• deputy minister’s approval
• minister’s approval
• approval by Cabinet
• or - submission as “private members’ bill”

Steps involved

first reading
generally no debate in House of Commons

second reading
may involve debate
often sent to committee for review / revision

third reading
typically involves debate and requires vote within House of Commons
Steps involved

If vote is passed
Lieutenant Governor (if provincial)
Governor General (if federal)
signs Bill thus establishing an Act

Steps involved
Act is proclaimed and is published in Ontario Gazette (if provincial)
Look for it!!!!!!!!!!!!!!!!!!!

Regulations
created within a ministry
does not require a vote within the house of commons
becomes legislation through an “Order in Council”
The O.H.S Act and Regulations

The Act
Rights and responsibilities
minimal standards and guidelines
 The Regulations
rules
specific minimal standards
details
to specific work related areas or hazards
Internal Responsibility System Players

Major Players
JH&S Committee
Employer
Supervisor
Worker
Director and Officers (MOL)

Minor Players
Constructors
Licensees
Suppliers
Owners

Organization of The Act

Parts – 10 parts
Section – 71 sections
contains a main idea or subject denoted by a highlighted number
Subsection
expands on the main subject of the section denoted by an indented number in brackets
Clause
expands the subsection with related information denoted by a lower case letter in brackets
Subclause
expands on the information in the clause denoted by a lower case Roman numeral in
brackets
Terminology

All legislation is organized into;

sections
subsections
clauses
subclauses
written as;
25(2)(a)(i)
The OHS Act - Parts

Part I- Application
Part II- Administration
Part III-Duties of Employer and Other Persons
Part IV- Toxic Substances
Part V- Work Refusal or Stop Work

Part VI-Reprisal by Employer prohibited

Part VII- Notices
Part VIII – Enforcement
Part IX – Offences and Penalties
Part X- Regulations
Part 1 Application of the Act

describes where, when and to whom the Act applies

Part 2 Administration

establishes processes that support joint consultation in the workplace

Part 3 Duties of Employers and others

Part 4 Toxic Substances

toxic substances are also described by the Act as ‘‘hazardous materials’’ and hazardous
agents’’
other regulations are cited which relate or refer to toxic substances, including; Designated
Substances regulations, Regulation 654/86 ‘‘Control of Exposure to Biological or Chemical
Agents’’ and WHMIS
Part 5 Right to Refuse or Stop Work

describes the procedures for a work refusal and work stoppage

Part 6 Reprisals by Employer Prohibited

prohibits employers from taking reprisals because a worker has acted in compliance with
the Act and sets out procedures for dealing with complaints concerning reprisals.
Part 7 Notices

includes requirements for notices to the Ministry of Labour when a person is killed or
critically injured at a workplace.
Part 8 Enforcement
 describes the duties and powers of an Inspector or Adjudicator of the Ministry of Labour
requires employers, supervisors and workers to assist the MOL inspector,
specifies procedures for enforcing the Act
Part 9 Offences and Penalties

describes the fines and jail terms for offences and procedures for presenting evidence and
conducting trials.
Part 10 Regulations

empowers the Lieutenant Governor in Council (the Cabinet) to make regulations

this section makes regulations part of the law
Self Assessment NOT to be submitted
Look up the definitions of the following utilizing the Occupational Health and Safety Act
Website: Ministry of Labour, Health and safety
Competent person
Employer
Supervisor
Worker
Work place
Shall
Prescribed

Due Diligence
a. Employers shall take all reasonable precautions to prevent injuries or
accidents in the workplace.

b.implement a plan to identify possible workplace hazards and carry out the
appropriate corrective action
c. Legal defense: person charged under occupational health and safety
legislation.

Due Diligence include:

•identification of hazardous practices, conditions and exposures

• actions taken to eliminate or reduce these hazards and ensure a safe workplace
•H&S policies, procedures, & practices
•clearly defined responsibilities & accountabilities
•competent supervision
•adequate provision of resources
•appropriate training and education to the employees
•documentation of all H&S activities
•H&S Inspections and audits
•progressive discipline, as needed

Specific Due Diligence

• Health and safety budget

• P.P.E relating to Duties
• Support the JHSC
• H&S part of management meetings.
• Accident investigation/ workplace inspection
• Safety education / safety talks /provide information
• Ensure worker is aware of hazards
• Implement all on the job safety procedures
• Be visible
• Consistent enforcement

Prosecution

The MOL inspector must show a breach of the duty by the employer
The MOL inspector shows that the employer failed to protect the worker
Was all due care taken in the circumstance? Not only general safety steps
Specific steps taken to prevent the alleged contravention are required

Knowledge + Training + Experience = Competent person

Actions
Policy
Procedures
Practices Communicate

Documentation

Train
Implement
Monitor
Enforce
Measure success