Worksheet #2: OHS Act

Rights, Functions and Duties of Joint Health & Safety Committees

Locate and state the appropriate Sections, Sub-Sections and Clauses in the Ontario
Occupational Health and Safety Act. The answers are not in the Regulations. Note that there
are no answers from Section 8. Provide one answer only unless otherwise indicated.

Marks – Out of 24 Marks Weighting Worth 4% of Final Mark

Rights, Functions and Duties of JHSC’s Location in OHS Act

1. Joint Health and Safety Committees have the right to:
a) Obtain information from the employer on actual or 9(18)(d)(1)
potential hazards of materials, processes or equipment.
b) Obtain any information and assistance necessary for 9(29)
carrying out regular inspections.
c) Receive a response to committee recommendations in 9(20)
writing, within 21 days, including a timetable for 9(21)
implementation or reasons for disagreeing. (2 marks –
provide 2 answers)
d) Receive copies of the most recent version of the 38(1)(b)
hazardous materials inventory and safety data sheets.
e) Receive information on anything supplied to a workplace 39(2)(b)
that emits or produces a hazardous physical agent when
in use.
f) Receive a copy of the inspector’s decision following his 43(7)
or her investigation of a worker work refusal.
g) Receive a copy of all orders or reports issued by a 64
Ministry of Labour Inspector of his or her inspection of
the workplace.
h) Receive written notice of lost-time injuries caused by an 52(1)
accident, explosion or fire at the workplace, and any 52(2)
occupational illnesses known to the employer. (2 marks
– provide 2 answers)
i) Obtain annual summary of data about the workplace 12(2)
from the Workplace Safety and Insurance Board.
2. The Joint Health and Safety Committee has the right to be consulted about
health and safety programs, controls of hazards and about education of
workers:
a) The joint committee must be consulted before testing of 9(18)(e)
any equipment, machines or work environment.
b) The employer must consult the JHSC about any 11(1)
proposed industrial hygiene testing strategies.
c) Any instruction and training to be given to workers must 42(2)
be developed and implemented by the employer in
consultation with the JHSC.
 Rights, Functions and Duties of JHSC’s Location in OHS Act
3. The Joint Health and Safety Committee has certain duties and functions during
a workplace inspection:
a) The JHSC must select one worker member, if possible a 9(23)
certified member, to inspect the workplace. Workplace 9(24)
inspections must be carried out at least once a month. 9(26)
(3 marks – provide 3 answers)
b) If it is not practical to inspect all of the workplace every 9(27)
month, part of the workplace must be inspected at least
once per month. The entire workplace must be
inspected at least once a year.
c) The committee member that does the inspection has a 9(30)
duty to report, to the JHSC, situations that may be a
source of danger or hazard to workers. The JHSC must
consider this information within a reasonable period of
time.
d) The members of the JHSC do not have to appoint the 9(25)
same member to perform all inspections, or all of a
particular inspection.
e) The worker member of the committee has the right to 9(29)
accompany Ministry of Labour Inspectors on the physical
inspection of the workplace.
4. The Joint Health and Safety Committee has certain duties, functions and rights
during accident and incident investigations:
a) The JHSC must be notified by the employer immediately 51(1)
of an occurrence where a person is killed or critically
injured from any cause at the workplace.
b) The JHSC must select one or more worker members of 9(31)
the joint committee to investigate accidents where a
worker is killed or critically injured. They must inspect
the place where the accident happened as well as any
relevant machine, device or thing. Findings must be
reported to the JHSC as well as to the MOL.
c) The JHSC has the right to assess the situation and 9(18)(b)
recommend steps to prevent a similar accident in the
future. (This is not word for word – try and find
the closest best answer – one only)