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CHAPTER 2
Legislative Framework
ESSENTIAL OUTCOME
After completing the lesson on this chapter, if nothing else, students should be able to identify
the origins and sources of the laws, rules, and procedures governing occupational health and
safety in Canada, and distinguish between the various roles, duties, and responsibilities of the
major stakeholders involved in health and safety governance.
LEARNING OUTCOMES
After completing this chapter, students should be able to:
• describe the regulatory framework surrounding occupational health and safety

• outline the duties of the major stakeholders under occupational health and safety legislation
• describe the structure and role of joint health and safety committees
• list and describe the three central elements of a WHMIS program
• describe the purpose and basic provisions of the transportation of dangerous goods acts
Chapter 2 – Legislative Framework Chapter 2 – Legislative Framework
KEY CONCEPTS
• Occupational health and safety in Canada is regulated both federally and provincially, with
each jurisdiction responsible for creating and enforcing a variety of acts, regulations,
guidelines, standards, and codes. The majority of workers in Canada are regulated by
provincial or territorial legislation.
• Acts are pieces of legislation (laws) enacted by a specific level of government (federal,
provincial, or territorial); regulations explain how the act is to be applied; guidelines and
policies set out specific rules for application; and standards and codes provide reference
points for specific fields.
• All Canadian occupational health and safety legislation includes the elements of the act itself;
descriptors of who has the power to enforce the act; statements outlining the rights of
workers to refuse to do unsafe work and to be protected from reprisals for doing so; and a
description of the duties and responsibilities assigned to employers and other stakeholders.
• Occupational health and safety legislation in Canada is heavily based on the concept that
each of the stakeholders (employers, owners, contractors, supervisors, and workers) has
significant responsibility for ensuring a safe workplace and for taking a proactive role in the
identification of hazardous situations and the prevention of workplace accidents. The
establishment and use of joint health and safety committees illustrates how the joint
responsibility concept is put into force. The right to know, the right to participate, and the
right to refuse are the three cornerstones of the system.
• The Workplace Hazardous Materials Information System (WHMIS) is designed to protect
workers by providing them with the right to know about potentially hazardous materials with
which they may come into contact, and with information to assist with the safe handling, use,
13
and storage of these materials. The WHMIS program consists of product labelling, material
safety data sheets (MSDSs), and employee training.
• Federal, provincial, and territorial legislation also exists specifically for the transportation of
dangerous goods. As goods are often shipped across provincial borders, it is incumbent upon
companies and their agents and employees who are involved in shipping and transporting
such materials to be fully conversant with the various laws and acts with which they must
comply.
STUDENT MOTIVATION
“Where do the laws and rules come from that help keep us safe at work?” That may not be a
question many students will have considered, but virtually every student who has ever had a job
will in one way or another have been impacted by the answer to this question. Perhaps the issue
of workplace safety will be somewhat taken for granted by some students, who may have never
paused to consider the mechanisms of legislation and the duties and responsibilities laid out
therein. When this fundamental question is framed in such a way, students may be motivated to
explore the answers a little more deeply.
14 Copyright © 2014 by Nelson Education Ltd. 14

BARRIERS TO LEARNING
The topic of legislation, laws, and acts may seem quite “dry” to some students, and they may
have difficulty feeling any sort of personal connection or relation to them. Others may have
taken courses in civics, political science, or other subjects where the process of creating laws and
governance is studied, and perhaps found the subject not all that interesting to them. Finally, the
mix of jurisdictional authority for occupational health and safety legislation between the federal
and provincial/territorial governments may confuse students.
ENGAGEMENT STRATEGIES AND LESSON PLAN

1. Engaging Students at the Outset
Learning objective: At the completion of this activity students will have gained an
appreciation for the consequences of workplace accidents, and will have considered the
roles and responsibilities of employers, supervisors, and workers in their prevention.
To introduce students to the key concepts in this chapter, show the video The Supervisor
(available for download from WorkSafe BC—see Additional Resources below). This video puts
a very human face on the topic of responsibilities for workplace safety, which may serve to
engage some learners by helping them see and appreciate the need for laws, rules, and policies
designed to protect workers from serious injury or death. At the conclusion of the video, give
students the opportunity to debrief in pairs or small groups before facilitating a class discussion.
2. Lesson Engagement Strategies
a. Learning objective: At the completion of this activity, students will have been able to
identify the major stakeholders in occupational health and safety, and list their primary
duties and responsibilities for OH&S.
Provide students with a blank graphical organizer such as a radial list (available in “SmartArt”
in MS Word) with six smaller circles radiating out from the central circle. Either individually, in
pairs, or in small groups, have students label the graphic organizer beginning with Duties and
Responsibilities of the Major Stakeholders in the primary circle, and various stakeholders
(described on pages 29–32) in the smaller circles. Have them continue to add the specific duties
and responsibilities listed in the chapter next to each of the secondary circles. Students may work
collaboratively, but have each student label and complete his/her own organizer. After this,
review the organizer with the students against the material in the chapter to ensure completeness.
Encourage students to retain the graphic organizer to use as a study and review tool. This activity
can be used to supplement or replace the activity described in Section D, Duties and
Responsibilities of the Major Players, in the Lesson Plan Notes and Lecture Outline below.
b. Learning objective: At the completion of this activity, students will have reviewed and
discussed the issue of work refusals and the laws and policies related to the issue from a
variety of perspectives.

Using material from the Ontario Ministry of Labour titled Part V: Right to Refuse or to Stop
Work Where Health and Safety in Danger (available on the Ontario Ministry of Labour

website—see link below under the Additional Resources section), divide students into
similarsized groups and assign each group a section of the material to review, synthesize, and
present to the other groups. Suggested allocation of the material is to have one or two groups
work with the question-and-answer section (divide the questions in two); another group work
with the section dealing with the typical work refusal process (diagram); another group work
with the section on the right to stop work; and the final group work with the section dealing with
unilateral work stoppage. In a large class, consider having more than one group tackle each
section, but have all groups present their summaries with a focus on adding to the understanding
of the information being summarized. Have each group record its summary on flip chart paper to
aid in the presentations.
c. Learning Objective: At the completion of this activity, students will be able to identify
the key features and information contained in a WHMIS label and on a Material Safety
Data Sheet, and be able to interpret the WHMIS hazard symbols when these are
presented to them visually.
In addition to the examples provided in the text, circulate copies of sample WHMIS supplier
labels and Material Data Safety Sheets (available for download from the Health Canada
website—see links below under Additional Resources section). In pairs or small groups, have
students analyze the samples and identify the features against those described in the text.
Finally, quiz students on the WHMIS hazard symbols (also available from the Health Canada
website—link provided below) and have them identify the meaning of each symbol.
3. Lesson Plan Notes and Lecture Outline
A. Introduction—Overview of the Regulatory Framework for Occupational Health and Safety
Refer to Occupational Health and Safety Notebook 2.1 to provide students with an overview of
the regulatory framework for occupational health and safety in federal, provincial, and territorial
jurisdictions. Use PowerPoint slides and access websites to define and give examples of acts,
regulations, guidelines and policies, standards, and codes. Discuss the scope and common
elements (list) that are included in all Canadian occupational health and safety legislation using
PowerPoint slides.
B. Canadian Government Departments Responsible for Occupational Health and Safety
Ask students what act, regulation, and enforcing bodies are responsible for occupational health
and safety legislation in their jurisdiction. Referring to the OH&S Notebook 2.3, access your
provincial or territorial jurisdiction’s website (e.g., BC Workers Compensation Act, OH&S
Regulation, WorkSafe BC [www.worksafebc.com]). Provide students with an overview of the
administrative structure of the act and regulations as these relate to enforcement, education, and
compensation. You will want to refer to the index and users’ guides so that students become
familiar with how to find the legal requirements for various workplaces. Short videos/DVDs,

such as the WorkSafeBC DVD The OH&S Regulation: How to Use It, are available through the
government departments in the different jurisdictions.
C. Work Refusals and Workers and Employers Rights

(See Lesson Engagement Strategy b, above)
D. Duties and Responsibilities of the Major Players
Divide students into six groups, representing the major players in occupational health and safety
listed below. They can use their text and other publications (printed or online) on OH&S
legislation in their jurisdiction (e.g., WorkSafeBC publications: “OH&S Regulation,” “The
Summary of OH&S Requirements for Small Business,” and “Safety on the Job Is Everyone’s
Business: The Responsibilities of Employers, Supervisors and Workers”
[www.worksafebc.com/publications]) to discuss and then present to the class the duties and
responsibilities of the following:
• Employers/Owners/HRMs
• Employees
• Suppliers
• Joint Health and Safety Committee / Worker Representatives
• Supervisors
• Contractors/Subcontractors
Refer to the End-of-Chapter Discussion, Question 4, and Using the Internet Question 1.
It is the employer’s legal obligation to ensure the workplace is safe. Employers are responsible
for ensuring the health and safety of all workers and of any other workers at a workplace where
the employer’s work is being carried out. This involves establishing an occupational health and
safety program (described below), providing a healthy and safe working environment, and
providing instruction and training to supervisors and workers. Business owners are responsible
for providing and maintaining the land and premises being used as a workplace in a manner that
ensures the health and safety of anyone at or near the workplace.
According to the Workers’ Compensation Act of BC, an employer must meet the standard of due
diligence. To meet the standard of due diligence an employer must take all reasonable care to
protect the well-being of workers. An ongoing occupational health and safety program that
controls specific hazards in the workplace forms the basis of due diligence. An employer that has
all the occupational health and safety program elements required by the regulation, in effect and
working well, is acting with due diligence. The minimum occupational health and safety
program elements are outlined below:
• Statement of Aims and Responsibilities

• Inspection of Premises, Equipment, and Work
• Written Instructions
• Management Safety Committee Meetings
• Investigation of Accidents/Incidents
• Maintenance of Records and Statistics

• Instruction and Supervision of Workers

E. Workplace Hazardous Materials Information System (WHMIS)
Ask students if they have received training in the Workplace Hazardous Materials Information
System. Ask them for details about what they learned, referring the class to Figures 2.1, 2.2, 2.3,
and 2.4 as specific information is gathered from the student’s experiences. Provide an overview
of WHMIS legislation. WHMIS is a nationwide program that provides information about the use
of hazardous materials (controlled products) in the workplace. Labels, Material Safety Data
Sheets (MSDSs), and worker education and training are the three communication elements of
WHMIS. Labels on controlled products alert workers to potentially hazardous products. MSDSs
provide workers with detailed hazardous ingredients, as well as information on the safe handling
of the product. Education and training provides employees with the information and practices
that they need to work safely with controlled products.
Students can receive certification in WHMIS by completing a three-hour classroom or online

training session and paying a minimal fee. This would provide students with the basics of
WHMIS as well as an effective way to learn how to work safely with and near hazardous
materials. Around one-quarter of Canadian workers are exposed to chemical and biological
hazards on the job. WHMIS is a good introduction to the chapters on chemical and biological
hazards. WorkSafeBC provides a booklet titled “WHMIS at Work,” an instructional
Video/DVD, and WHMIS information at the WORKSAFE Health and Safety Centre
(www.worksafebc.com/publications). Other jurisdictions provide similar useful student and
instructor training resources.
A summary WHMIS quiz for students could include any of the following questions:
1. What does WHMIS stand for? List and describe the three central elements of a WHMIS
program.
Answer: WHMIS is the Workplace Hazardous Materials Information System, a nationwide

program providing information about the use of hazardous materials (controlled products) in the
workplace. Labels, Material Safety Data Sheets (MSDSs), and worker education and training are
the three communication elements of WHMIS. Labels on controlled products alert workers to
potentially hazardous products, MSDSs provide workers with detailed information on the
hazardous ingredients and safe handling of products, and education provides employees with the
information and practices they need to know to work safely with controlled products.
2. Employees who are successfully trained in WHMIS should be able to answer four key
questions. What are those questions?
Answer:
• What are the hazards of the product you are using?
• How do you protect yourself?
• What should you do in case of an emergency or spill?
• Where do you get more information on this product?

3. List the three main WHMIS participants and explain how they are involved in implementing
WHMIS into the workplace.
Answer: Suppliers must provide a Material Safety Data Sheet (MSDS) and WHMIS labels for
each controlled product they sell or produce. An MSDS is a technical bulletin that provides
detailed hazard and precautionary information for a controlled product. An MSDS supplements
the alert information provided on the WHMIS Label. Employers must keep MSDSs on site for
all controlled products, make sure that controlled products are properly labelled, ensure that
employees know the location of MSDSs and written safe work procedures for each controlled
product, and ensure that employees are educated and trained so that they understand the
information on MSDSs and WHMIS labels. Employees must learn the information provided and
follow safe work procedures.
F. Federal and Provincial or Territorial Statutes Relating to Environmental or OH&S

Management
Refer to the OH&S Notebooks 2.7 and 2.8 and provide students with an overview of the federal
and provincial or territorial statutes relating to environmental or OH&S management. Describe
the purpose and basic provisions of the transportation of dangerous goods acts. Engage students
in a discussion about the differences between the responsibilities assigned to companies under
occupational health and safety legislation and those assigned under environmental legislation.
Occupational health and safety legislation states that employers are responsible for ensuring the
health and safety of all workers and any other workers at a workplace where the employer’s
work is being carried out. They are also responsible for providing and maintaining the land and
premises being used as a workplace in a manner that ensures the health and safety of anyone at
or near the workplace. Environmental legislation states that employers must take all reasonable
care to protect the environment and the public’s health. Corporations are criminally liable if they
pollute the natural environment. Environmental legislation affects the environment, employees,
and the public. Bill C-45, the Westray Bill, passed in 2003, is an act that amended the Criminal
Code and established a duty in criminal law for organizations to protect the health and safety of
everyone in the workplace. The act states that the employer must take reasonable steps to ensure
the health and safety of its workers. This act broadens all legislation to address any current or
unresolved workplace health problems, not just disasters and deaths. Employers must not expose
workers to the risk of illness, disease, or death.
G. Corporate Liability
<this is a duplicate of previous paragraph> Refer students to Occupational Health and Safety
Today 2.3, and provide an overview of Bill C-45, the “Westray Legislation.” Bill C-45, which
went into effect on November 7, 2003, is an act that amended the Criminal Code and established
a duty in criminal law for organizations to protect the health and safety of everyone in the
workplace. Have students form small groups to discuss the following question: “What impact do
you think this legislation is having on organizations and HRMs?”

Bill C-45 came about because OH&S laws had not prevented the Westray Mine Tragedy (during
which 26 coal miners lost their lives in 1992) not had it punished those guilty for the disaster
(owners and managers).
This was a weakness in the legal system. It was the failure of the organization to put health and
safety before company profits and short-term economic gain and of a management style and
culture that emphasized production over safety. The following outlines the impact of this new
law:
• It states that “the employer must take reasonable steps to prevent bodily harm to any person
arising out of work” (217.1).
• It proposes severe penalties of up to 10 years imprisonment for bodily harm and life
imprisonment for death if an employer fails to protect the H&S of the worker.
• It broadens the scope of who is responsible for worker OH&S to all levels of management
and everyone else who directs the work of others.
• Organizations (i.e. owners, senior officers, directors, and managers) can be charged with
criminal negligence if they fail to maintain an appropriate standard of OH&S in the
workplace.
• It broadens all legislation to address (ensure protection) any current or unresolved workplace
health problems (not just disasters and deaths), which can range from second-hand smoke to
stress. Employers must not expose workers to the risk of illness, disease, or death.
• It supports unions’ historical fight for worker health and safety and their raising of workplace
OH&S concerns (visit United Steel Workers, www.uswa.ca).
• Training was not provided prior to the Westray disaster. This new legislation supports the
importance of OH&S training, which is emphasized in all OH&S jurisdictions. It supports
OH&S legislation (BC Workers Compensation Act, Part 3, Division 3, General duties of
employers, 115), which states that “every employer must provide to the employer's workers
the information, instruction, training and supervision necessary to ensure the health and
safety of those workers in carrying out their work and to ensure the health and safety of other
workers at the workplace.”
• It supports provincial or territorial and federal legislation requiring employer due diligence
through the implementation of all the elements of an OH&S program. Due diligence requires
a business to foresee all unsafe conditions or acts, and requires it to take precautions to
prevent accidents that can reasonably be anticipated. An ongoing OH&S Program that
controls specific hazards in the workplace forms the basis of due diligence.
• In British Columbia (as an example), an employer that has a minimum of the following
OH&S program elements required by the BC Occupational Health and Safety Regulation
(Occupational Health & Safety Regulation: Part 3, Section 3.3), in effect and working well,
is acting with due diligence:
- Statement of Aims and Responsibilities

- Inspection of Premises, Equipment, and Work
- Written Instructions
- Management Meetings

- Investigation of Accidents/Incidents
- Maintenance of Records and Statistics

- Instruction and Supervision of Workers
• It supports the importance of the strategic management of OH&S (education, legislative

compliance, integration with other human resource functions, cost containment, safety
leadership and culture, and managing change). Visit Bill– C45, clearly described as a single
statute in the Criminal Code of Canada,
hwww.parl.gc.ca/37/2/parlbus/chambus/house/bills/government/C-45/C-45_4/90234bE.html.
ASSESSMENT TOOLS
To quickly assess student learning against the chapter learning outcomes, at the end of the class:
• Ask students (without referring to their notes) to define an act, a regulation, guidelines
and policies, and standards and codes.
• Call on students, assigning them a stakeholder role (i.e. supervisor), and ask them to
briefly outline one or more of their responsibilities for occupational health and safety
(call on other students to help elaborate, expand, or clarify as needed). Continue for each
of the stakeholder groups (employers, owners, and contractors; supervisors; and
workers).
• Ask students to briefly describe the purpose and function of joint health and safety
committees.
REFLECTIONS ON TEACHING
Good teaching requires ongoing self-assessment and reflection. At the completion of this lesson,
you may find it helpful to reflect on the following, and consider whether you want or need to
make any adjustments for subsequent lessons.
• What worked in this lesson? What didn’t?

• Were students engaged? Were they focused or did they go off on tangents?
• Did I take steps to adequately assess student learning?
• Did my assessments suggest that they understood the key concepts?
• What (if anything) should I do differently next time?
• How can I gather student feedback?
• How can I use this feedback for continuous improvement of my teaching?
ADDITIONAL RESOURCES
Weblinks
• Ontario Ministry of Labour website: Part V: Right to Refuse or to Stop Work Where
Health and Safety in Danger,
www.labour.gov.on.ca/english/hs/pubs/ohsa/ohsag_part5.php.
• Health Canada website: Environmental and Workplace Health—Supplier Labels,
www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/supplier-fournisseur-eng.php. •
Health Canada website: Environmental And Workplace Health—Do You Know These

Vital Signs? www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/symbols-

signauxeng.php.

Videos
• WorkSafe BC DVD. “The Supervisor.” This 15-minute documentary-drama examines a

supervisor’s responsibility for workplace health and safety. It depicts the emotional,
legal, and financial consequences of a fictionalized workplace accident that results in the
death of a young worker (2004). The video and class discussion guide can be
downloaded from
www2.worksafebc.com/Topics/YoungWorker/ResourcesYoungWorkers.asp.
• A list of other DVD titles can be accessed at WorkSafeBC Library Services:
www.worksafebc.com/about_us/library_services/assets/pdf/videos_titles.pdf.
SUGGESTED ANSWERS TO CASES AND EXERCISES

Discussion Questions
1. What are the three fundamental workers’ rights that underlie most health and safety
legislation?
Answer:
1. The right to refuse dangerous work without penalty.

2. The right to participate in identifying and correcting health and safety problems.
3. The right to know about hazards in the workplace.
2. What is the difference between the responsibilities assigned to companies under occupational
health and safety and those assigned under environmental legislation?
Answer: Occupational health and safety legislation states that employers are responsible for
ensuring the health and safety of all workers and any other workers at a workplace where the
employer’s work is being carried out. They are also responsible for providing and maintaining
the land and premises being used as a workplace in a manner that ensures the health and safety of
anyone at or near the workplace. Environmental legislation states that employers must take all
reasonable care to protect the environment and the public’s health. Corporations are criminally
liable if they pollute the natural environment. Environmental legislation affects the environment,
employees, and the public. Bill C-45, the Westray Bill, passed in 2003, is an act that amended
the Criminal Code and that established a duty in criminal law for organizations to protect the
health and safety of everyone in the workplace. The act states that the employer must take
reasonable steps to ensure the health and safety of its workers. This act broadens all legislation to
address (so as to ensure protection) any current or unresolved workplace health problems not just
disasters and deaths. Employers must not expose workers to the risk of illness, disease, or death.
3. What three components make up WHMIS compliance?
Answer: WHMIS is the Workplace Hazardous Materials Information System, a nationwide

program providing information about the use of hazardous materials (controlled products) in the

workplace. Labels, Material Safety Data Sheets (MSDSs), and worker education and training are
the three communication elements of WHMIS. Labels on controlled products alert workers to

potentially hazardous products, MSDSs provide workers with detailed hazardous ingredient lists
and information on the safe handling of the product, and education provides employees with the
information and practices they need to know to work safely with controlled products.
4. Describe the structure and role of joint health and safety committees.
Answer: Legislative mandatory requirements for joint health and safety committees are outlined
in the OH&S Notebook 2.6 and are expanded on in each jurisdiction’s occupational health and
safety legislation (websites are listed in OH&S Notebook 2.5). The BC Occupational Health and
Safety Regulations state that a joint health and safety committee is required when 20 or more
workers are regularly employed in the workplace or when ordered by the board. Small
businesses with more than 9 and fewer than 20 regular workers must have a designated worker
health and safety representative. Small businesses with 9 or fewer regular workers are not
usually required to have a worker health and safety representative unless a WorkSafeBC
prevention officer determines that the business does require a representative, where there is
highrisk work, a large number of injury claims, or repeated noncompliance with the regulation.
A committee is made up of a minimum of 4 members that represent both the employer and the
workers. The primary role of these committees is to provide a collaborative atmosphere where
employers, managers, unions, and employees can work together to ensure the workplace is safe.
Although employers are ultimately responsible for occupational health and safety programs,
worker health and safety representatives and joint health and safety committees have the
following duties and functions: to identify and evaluate unhealthy or unsafe situations; to
identify and recommend solutions to health and safety problems or complaints; to promote safe
work practices; to recommend ways to improve the health and safety program; to promote
compliance with regulations; and to participate in inspections and accident investigations.
Committee members are allowed paid time from work to perform their functions and duties and
to attend (8 hours annually) occupational health and safety courses
Using the Internet
1. What legislation applies in your jurisdiction? Find the body responsible for occupational
health and safety and review the legislation. What are the major provisions and their
implications for employers? For employees? For human resource managers?
Answer: Students will want to refer to OH&S Notebooks 2.1 and 2.2 to find their provincial,
territorial, or federal jurisdiction website (i.e., BC Workers Compensation Act, OH&S
Regulation, and WorkSafe BC, www.worksafebc.com). Students should be able to describe the
administrative structure of the act and regulations as it relates to enforcement, education, and
compensation.
The scope of legislation differs in each Canadian jurisdiction. The following describes the major
provisions and their implications for employers, owners, contractors, employees, human resource
managers, and supervisors in British Columbia. Employers are responsible for ensuring the
health and safety of all workers at a workplace where the employer’s work is being carried out.

This involves establishing an occupational health and safety program, providing a healthy and
safe working environment, and providing instruction and training to supervisors and workers.

Business owners are responsible for providing and maintaining the land and premises being used
as a workplace in a manner that ensures the health and safety of anyone at or near the workplace.
They must ensure that employers and prime contractors at the workplace have all the information
they need to identify, eliminate, or control occupational health and safety hazards. When work
areas of two or more employers overlap, the owner of the site must coordinate health and safety
activities. Contractors or subcontractors must be registered with WorkSafeBC.
Supervisors are responsible for ensuring the health and safety of all workers under their direct
supervision. They must ensure that workers follow the requirements of the Act and Regulation
and that they are aware of any health or safety hazards in the workplace. They must conduct
regular staff safety meetings, workplace inspections, and incident investigations, correct unsafe
acts and conditions, and ensure that workers are adequately trained and are qualified to safely
perform their duties.
Workers are responsible for protecting their own health and safety as well as the health and
safety of other people who may be affected by the work being done. They must learn and follow
safe work procedures, use and maintain personal protective equipment as required, report
hazards to their supervisor or employer, and participate in workplace inspections and incident
investigations as required.
2. WHMIS training is widely available online. Using a search engine and key words such as
“WHMIS online training,” find a local provider of online WHMIS training.
Answer: You can have the students complete this exercise at home and then share their online
WHMIS training websites and experiences with Internet-based learning with the other students in
the class.
Exercises
1. Health and safety legislation can be crafted following different approaches. One approach is to
force compliance through establishing standards, conducting rigorous inspections on a
regular basis, and harshly punishing failures to meet the established standards. A second
approach is to facilitate self-reliance by providing parties with the information and
resources necessary to monitor and enhance health and safety in their workplaces. What
are the relative merits of these two approaches? What advantages/disadvantages accrue
under each system? What is the appropriate balance between enforcement and
encouragement?
Answer: Effective occupational health and safety needs to be part of the organization’s culture.
Culture is an organization’s shared values and beliefs about the way employees think and act
within the organization. The organization’s beliefs and expectations concerning occupational
health and safety strongly influence whether employees act safely or not. The goal is to have

occupational health and safety as part of the business plan and for it to be a core value held by
managers and employees at all levels.

An organization’s culture is a reflection of its leaders, values, and vision. HRM practices (i.e.,
hiring, orientation, training, and performance evaluations) should support these organizational
expectations. An organization’s occupational health and safety culture is a mix of formalized
rules, controls, autocratic decision-making, and enforcement at one end of the continuum and a
mix of self-reliance, motivation, participatory decision making, and internalized commitment on
the other end. Organizations are very diverse and are made up of a mixture of enforcement and
self-control processes and practices.
Legislation and compliance may be needed when organizations and employees have limited
understanding or commitment towards occupational health and safety. Legislation outlines what
employers and employees are accountable for without moral buy-in. Self-monitoring builds
employee ownership, initiative, and self-responsibility. The measure of occupational health and
safety would be a delicate balance of compliance while embracing shared perceptions of the
importance of safety. Dupont has received recognition as an organization that has taken
ownership and responsibility for occupational health and safety.
Cases
Case 1: Workplace Tragedy
This is a high-risk work environment that involves high-risk occupational health and safety work
practices. It is the employer’s legal obligation to ensure that the workplace is safe. Employers are
responsible for ensuring the health and safety of all workers and any other workers at a
workplace where the employer’s work is being carried out; this involves establishing an
occupational health and safety program (described below), providing a healthy and safe working
environment, and providing instruction and training to supervisors and workers. Business owners
are responsible for providing and maintaining the land and premises being used as a workplace
in a manner that ensures the health and safety of anyone at or near the workplace.
According to BC’s Workers’ Compensation Act, an employer must meet the standard of due
diligence. To meet the standard of due diligence, an employer must take all reasonable care to
protect the well-being of workers. An ongoing occupational health and safety program that
controls specific hazards in the workplace forms the basis of due diligence. An employer that has
all the occupational health and safety program elements required by the Regulation in effect, and
working well, is acting with due diligence. The minimum occupational health and safety
program elements are outlined below:
• Statement of Aims and Responsibilities

• Inspection of Premises, Equipment, and Work
• Written Instructions
• Management and Safety Committee Meetings
• Investigation of Accidents/Incidents
• Maintenance of Records and Statistics

• Instruction and Supervision of Workers

The employer/HRM must promptly conduct an accident investigation (and also investigate past
accidents and continue to investigate all incidents and near misses). These investigations will
help determine why the accident (or incidents/near misses) happened so that the employer/HRM
can ensure that these accidents will not occur in the future. An accident report needs to be
completed that includes recommendations for corrective measures. Fatalities are rare, but
incidents and near misses are very common. The employer allowed the accident-prone crane to
continue to operate without taking any action to ensure the safety of the workers. The focus
should have been on correcting the incidents and near misses so that lost time accidents,
permanent disabilities, and fatalities do not occur. The employee failed to identify and correct the
risks and hazards. This case illustrates the importance of leadership, communication, and
business decisions that support workplace occupational health and safety. The employer/HRM
must establish an occupational health and safety program, keeping in mind that an occupational
health and safety program is more than a written document and must be part of employee
behaviour (involvement and accountability). It must meet the standards of due diligence. Refer to
the WorkSafeBC booklet “Effective Health and Safety Programs—The Key to a Safe Workplace
and Due Diligence” at www.worksafebc.com/publications.
Case 2: Work Refusal at Regional Hospital
An employee may refuse to carry out any task they believe is unduly hazardous to the health and
safety of any person, in which case, he or she must inform the employer. The employer/HRM
must immediately investigate and correct the situation without delay. The employer/HRM is
required to develop and implement an exposure control plan to address the specific risks and
hazards faced by workers in these work settings. Employees need to be educated and provided
with specific information from specialists and experts concerning health and safety issues about
their workplace. They need to be shown how to prevent unsafe conditions and provided with
examples of safe work practices. Objective and immediate communication channels and staff
forums need to be established where employees can talk about these concerns and what they feel
uncomfortable about. All fears, concerns, social issues and discomfort, biases, and beliefs need
to be dealt with until the employees feel safe. The critical issue in this situation is that the
employees were afraid to enter their workplace. They believed that their workplace was unsafe,
whether it was or was not safe. Unless the employer/HRM conducts a thorough investigation,
educates the employees, and implements an exposure control plan in which the employees feel
safe, the work refusal will continue. The organization may need to include controls that may not
be necessary but make the employees feel safe. If a worker refuses to perform a task that he or
she believes is unsafe, the employer can suggest another approach, but cannot discipline, reduce
the worker’s wages, change working hours, or suspend the worker. The regulation also provides
the following rights to employees: job-protected leave, no penalties for emergency leave, and
payment for those not working because of quarantine (WorkSafeBC Occupational Health and
Safety Regulation: Section 3.12 to 3.13).

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For, placing her slim hand in mine,
Methought I heard my name
So softly, murmurously breathed,
I scarce knew whence it came!
No need for words between us now;

A subtle sweetness stole
Through all our being, and we felt
That soul had answered soul.
And with the sunshine in our hearts,

The bird’s song in our ears,
We left the lane, my love and I,
To meet the coming years.
BURIED TREASURES
’Tis true my later years are blest

With all that riches can bestow,
But there is wealth, wealth cannot buy,
Hid in the mines of “Long Ago.”
There jealous guard does Memory keep;

Yet sometimes, when I dream alone,
She comes and takes my hand in hers,
And shows me what was once my own.
I revel ’mong such precious things;

I count my treasures o’er and o’er;
I learn the worth of some, whose worth,
Ah me! I never knew before.
And then all slowly fades away,

And I return to things you know,
With empty hands and tear-filled eyes,
Back from the mines of “Long Ago.”
AFFINITY
But little converse have we held,

Our hands have scarcely ever met,
With just a formal word or two
You come and go; and yet—and yet—
I have a dream we two were one
Ere garb of flesh these spirits wore;
The soul that speaks within your eyes
Tells mine they’ve met and loved before.
And so I am content to wait,

Knowing the day will surely dawn
When, as the first man woke, you’ll wake
From your soul-sleep, and looking on
My face will know that I am she,
Your Eve, your other self, your fate.
Till then, till then, come weal or woe,
I am content, content to wait.
“MY HOUSE IS LEFT UNTO ME DESOLATE”
A little while, you say, a little while,

And I shall be where my belovèd are;
And with your eyes aglow with faith, you say,
“Thy dear ones have not journeyed very far.”
“Not very far.” I say it o’er and o’er,

Till on mine ear mine own voice strangely falls,
Like some mechanic utterance that repeats
A meaningless refrain to empty walls.
“Not very far;” but measured by my grief,

A distance measureless as my despair.
When from the dreams that give them back to me,
I wake to find that they have journeyed there!
“Not very far.” The soul surmises, hopes,

Has hoped, surmising, since the first man slept;
But, oh, the heart, it knoweth its own loss,
And death is death, as ’twas when Rachel wept.
AN OLD MAN’S DREAM
With idle hands and misty eyes,

I sit alone to-night and dream;
Upon the hearth, like elfin sprites,
The red flames dance, and twist, and gleam.
A dimness gathers in my room,

The pictured faces on the wall
Pale, and o’er each familiar thing
A strangeness slowly seems to fall.
With noiseless step there comes to me,

One whom I loved in days gone by.
The same is she, unchanged by time—
Unchanged—but oh, how changed am I!
Her hair, which long, long years ago

Was like spun threads of living gold,
Still clusters round a brow that wears
Immortal youth—and I am old.
No look of recognition lights

Her eyes, that meet mine o’er and o’er;
And yet she loved me once—and love,
I know, is love for evermore.
She looks around in anxious quest;

I think I know for whom she seeks.
She only sees a strange old man,
With snow-white hair and wrinkled cheeks.
And then like wings of birds that preen

For flight, a soft stir moves the air,
It is the whisper of her gown—
She goes to look for me elsewhere.
A sudden glory fills my eyes,
It is the firelight’s ruddy gleam;
Thank God she did not pass me by
I only saw her in a dream!
A SUMMER WOOING
A SONG
Up and away!—up, up, and away!

The hedgerows are foaming with blossom to-day;
Its bonfires the golden gorse lights on the hill,
And the wanton wind’s wooing wherever it will.

The cuckoo’s name rings through the woodlands to-day;
The warm blood of Summer runs rioting through
The veins of each leaflet—then why not of you?

There’s Passion and Poetry stirring to-day.
Half blinded with rapture, the heavy bees dart
From the lily’s white breast to the rose’s red heart.

The old world’s begun a fresh courting to-day.
I wooed you all winter, but found you as cold
As the snowdrift that gleamed on the ridge of the wold.

Your eyes tell me “Yes,” though your lips say me “Nay.”
The tears, so long frost-bound, are ready to flow,
And she melts in my arms, my proud maiden of snow!
WEE ELSIE
O’ a’ the bonny wee bit lasses

That e’er I’ve kent, not ane surpasses
My Elsie.
An’ oh, she has sic denty ways,

Auld farrant a’ she does and says;
Just watch the bairnie as she plays
“At mither,” dressed in mither’s claes!
Like twa sweet rosebuds on ae stalk,

Her lips part in her guileless talk;
She hauds a key that wad unlock
Yer heart were’t hard as granite rock.
Sae fearless are her een o’ blue,

They seem tae look ye through an’ through;
But though sae brave, an’ frank, an’ true,
Wi’ happy fun they’re brimmin’ fu’.
Adoun her shoulders floats her hair,

Sae long, sae silken, an’ sae fair,—
In truth it seems a verra snare
That’s caught an’ kept a sunbeam there.
But better faur, those graces meet

Aroun’ a nature just as sweet;
Methinks the bairnie is complete
Frae wise wee heed tae willin’ feet.
BIDE WI’ MITHER
Oh bide a wee, my bonny lass,

Nor seek to lea’ the auld hame-nest;
O’ a’ earth’s luvs ye yet will fin’
A mither’s highest is, an’ best.
She watched you like a rose unfauld,

She reads you like an open buik;
You scarce need speak, she is sae quick
Tae understan’ yer ev’ry luik.
The han’ that aye fan’ time tae pat

The wee bit face sae aft turned up
For “mither’s kiss,” has workit late
An’ early for your bite an’ sup.
An’ oh! it was a struggle sair

Tae mak’ twa unco scrimp en’s meet;
In her first days o’ weedowhood
She scarce could spare the time tae greet.
Oh dinna lea’ her yet awhile;

The laddie’s young, an’ he can wait;
There was a time, when you were wee,
She micht hae had anither mate.
But she was feert he micht na be

As guid’s the fayther you had lost;
An’ though she could hae boucht her ease,
She wad na’ dae it at the cost.
An’ noo she’s auld an’ growing frail,

Your strong young arm should be her stay;
Life’s dounward slope is hard eneuch,
Be yours the han’ tae smooth the way.
Oh, bide wi’ her, an’ you will fin’
That duty done brings sweet reward;
The Maister, Christ, pleased na’ Himsel’,
Although He was creation’s Lord!
CHILD ANGELS
Oh, there are happy angels

That go on missions sweet;
They have no wings to bear them,
Just little human feet.
When I had grown aweary,

And all my faith was dim,
’Twas one of them that led me,
And brought me back to Him.
When ’tween you and a loved one

There lay a widening breach,
And you were coldly drifting
Beyond each other’s reach,
A child’s hand ’twas that bridged it—
A child’s soft, rosy palm
Held both your souls united,
And life grew sweet and calm.
When sorrows closely gathered,

And heart and head were bowed,
The blue eyes of a baby
Made rifts in pain’s dark cloud.
Oh, happy, earth-born angels,

Who go on missions sweet,
If ye had wings to bear you,
Instead of little feet,
I fear me ye would use them,

Altho’ ye love us much,
To soar to Him who tells us
His “Kingdom is of such.”
MY LOVE OF LONG AGO
There are faces just as perfect;

There are eyes as true and sweet;
There are hearts as strong and tender
As the heart that’s ceased to beat;
There are voices just as thrilling;
There are souls as white, I know,
As hers was when she went from me—
My love of long ago.
New lips are ever telling

The tale that ne’er grows old;
Life’s greys are always changing
For some one into gold;
But amid the shine and shadow,
Amid the gloom and glow,
She walks with me, she talks with me—
When I think of all the changes

That the years to me have brought,
I am glad the world that holds her
Is the world that changes not.
And the same as when she left me,
She waits for me, I know—
My love on earth, my love in heaven,
IN SUMMER TIME
Daisies nod and blue-bells ring,

Streamlets laugh and song birds sing,
To the clover bees close cling.
Cornfields wave their locks of gold,

Poppies burn and wings unfold,
Earth-stars twinkle on the mould.
Butterflies—live blossoms, blown

From that Eden once our own—
Make of every flower a throne.
And a royal purple dyes

Yonder heather-hill, that lies
Fitting footstool for the skies.
And the gorse is all ablaze,

Lighting up the moorland ways,
And the days are golden days.
E’en the myriad-mooded sea

(Earth-bound, yet than earth more free)
Wears a look of constancy.
And your love, that in the spring

Was a shy, uncertain thing,
Like a bud just blossoming,
With the summer’s growth has grown,

Till our two lives, lived as one,
Make a summer of their own.
TWIN-SISTERS
Two girls—before me now they stand,

Twin tender rosebuds, hand in hand,
Fashioned as one—scarce known apart;
I see each face, God sees each heart.
I look on ripe red lips, and eyes

That hold the blue of summer skies,
And hair like finest gold refined;
I see the beauty, God the mind.
In womanhood’s first faint sweet dawn

Oh! they are fair to look upon;
Perfect from crown to dainty foot;
I see the bloom, God sees the fruit.
What though a rose is each soft cheek,

If theirs be not that spirit meek?
What though their eyes are heaven’s own hue,
If never wet with pity’s dew?
The plainest casket may enshrine

A gem that will for ever shine.
Oh, may this outward beauty be
But type of inward purity!
God grant when Time its tale hath told,

And backward swing the gates of gold,
Before the Master they may stand,
Twin tender rosebuds hand in hand!
AT LAST
She is waiting for his coming,

As she waited long ago,
Ere her sweet eyes were pain-haunted
Or her hair was touched with snow;
Ere that look of patient pathos
Downward curved her tender lips,
Or across her life’s young morning
Fell a shadow of eclipse.
He is coming—but his footsteps

Know not now youth’s bounding grace,
And a world of sin and suffering
Is recorded in his face;
Airy dreams of high ambition
That he cherished in the past—
All have vanished—and aweary
He returns to her at last.
In the old familiar garden

Where he first breathed love’s fond vow,
With new hopes, like the new roses
Sprung from old roots, they stand now;
And the past is past for ever,
She forgives, and he forgets,
For the present peace has buried
Years of sorrows and regrets.
TRYSTING-TIME
’Tis only when the wooing west

Has drawn the tired sun to her breast,
I seek my darling’s place of rest.
In twilight-time we used to meet—

Ah me, how lag our listless feet
When we have but a grave to greet!
And yet, this daisy-dappled grave

So like a soft white-crested wave
Is all beneath the skies I have.
On broken wings the years have flown,

Oh love, since in the long agone
I left you sleeping here alone!
BESIDE THE DEAD
Touch not her hand, let not your tear-drops stain

The show-white purity of her dead brow;
Withhold your lips, their passion or their pain
Can thrill her nor with love nor pity now.
The empty years that followed your farewell—

The joyless dawns, the nights that brought no rest
Are ended,—and those weary eyelids fell
O’er eyes that had grown dim in one vain quest.
Thank God for this; her woman’s faith remained

Steadfast, unshaken to the very last,
And with her idol undefaced, unstained,
To place it in a “niche in Heaven” she passed.
But yesterday, your lightest whispered word

Had thrilled her heart, as spring’s first breath awakes
The rapture in the bosom of a bird
Till winter’s silence with a song he breaks.
And I,—whose love for her was purified

In the fierce crucible of human pain,
Had felt that I was more than satisfied
If loss of mine had ended in her gain.
For her soul’s sustenance you only left

The memory of a lightly plighted vow,
To take one kiss from those dead lips were theft,
The jewel was yours,—I claim the casket now.
HER FIRST SEASON
Cloud-like laces softly float

Round a dainty snow-white throat—
Fastened here and flutt’ring there
With a careless cunning care;
Blue-bells, blue as summer skies are.
Or her own sweet sunny eyes are,
Cluster close beneath her chin,
As if love—and not a pin—
Kept them fondly nestling in!
Gown of some transparent thing,

Like a dragonfly’s clear wing
Full of whispers vague and sweet,
Falls in white folds to her feet.
Light as moss veils drape their roses,
Round her flower-like form it closes—
Every graceful curve it shows us.
Silken mittens soft and quaint,

Of a shade æsthetic, faint,
Weave a jealous network o’er
Two pink palms that I adore;
And a musical mixed jangle
Comes from bracelet and from bangle
As it fetters each slim wrist
(Made but to be clasped and kissed),
With fantastic coil and twist.
Hair a-ripple like ripe corn

Wind-kissed on a summer morn.
What, you say you see the glint
Of a reaper’s blue scythe in’t?
Nay, ’tis but a silver arrow
Wand’ring through a golden furrow
Wand ring through a golden furrow,
Where the sun-shafts bore and burrow.
Like a bright plumed bird is she,

From the home-nest just set free;
Knowing neither grief nor wrong,
In her heart and lips a song.
’Tis not I would wish to make her
Prim and drab-gown’d like a Quaker!
All fair things are beauty’s dower—
Doth not God’s hand paint the flower?
(Youth is but a fleeting hour!)
ANTICIPATED
Oh I have wealth, and could have placed

Upon your head a golden crown,
But Nature, having had my taste,
And being first, has set one down.
I could have given you rubies rare,

And sapphires of a heavenly hue,
And pearls all shimmering soft and fair;
But here she’s been before me too.
For ruby lips to you she’s given,

And strung two pearly rows between,
And sapphire eyes more blue than heaven
She’s dowered you with, my queen, my queen!
I needs must be content to lay

My heart’s best treasures at your feet:
Without love’s gem, which shines for aye,
The fairest crown were incomplete.

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Solution Manual for Management of

Occupational Health and Safety 6th

Test Bank for Management of Occupational Health and

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Test Bank for Management of Occupational Health and

Solution Manual for Population and Community Health

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Test bank for Population and Community Health Nursing

Solution Manual for Scutchfield and Kecks Principles of

• describe the regulatory framework surrounding occupational health and safety

14 Copyright © 2014 by Nelson Education Ltd. 14

ENGAGEMENT STRATEGIES AND LESSON PLAN

2. Lesson Engagement Strategies

15 Copyright © 2014 by Nelson Education Ltd. 15

16 Copyright © 2014 by Nelson Education Ltd. 16

3. Lesson Plan Notes and Lecture Outline

A. Introduction—Overview of the Regulatory Framework for Occupational Health and Safety

B. Canadian Government Departments Responsible for Occupational Health and Safety

17 Copyright © 2014 by Nelson Education Ltd. 17

C. Work Refusals and Workers and Employers Rights

18 Copyright © 2014 by Nelson Education Ltd. 18

(See Lesson Engagement Strategy b, above)

D. Duties and Responsibilities of the Major Players

• Statement of Aims and Responsibilities

19 Copyright © 2014 by Nelson Education Ltd. 19

• Instruction and Supervision of Workers

20 Copyright © 2014 by Nelson Education Ltd. 20

E. Workplace Hazardous Materials Information System (WHMIS)

Students can receive certification in WHMIS by completing a three-hour classroom or online

Answer: WHMIS is the Workplace Hazardous Materials Information System, a nationwide

21 Copyright © 2014 by Nelson Education Ltd. 21

F. Federal and Provincial or Territorial Statutes Relating to Environmental or OH&S

22 Copyright © 2014 by Nelson Education Ltd. 22

- Statement of Aims and Responsibilities

23 Copyright © 2014 by Nelson Education Ltd. 23

24 Copyright © 2014 by Nelson Education Ltd. 24

- Instruction and Supervision of Workers

• It supports the importance of the strategic management of OH&S (education, legislative

• What worked in this lesson? What didn’t?

25 Copyright © 2014 by Nelson Education Ltd. 25

Vital Signs? www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/symbols-

26 Copyright © 2014 by Nelson Education Ltd. 26

• WorkSafe BC DVD. “The Supervisor.” This 15-minute documentary-drama examines a

SUGGESTED ANSWERS TO CASES AND EXERCISES

1. The right to refuse dangerous work without penalty.

3. What three components make up WHMIS compliance?

Answer: WHMIS is the Workplace Hazardous Materials Information System, a nationwide

27 Copyright © 2014 by Nelson Education Ltd. 27

28 Copyright © 2014 by Nelson Education Ltd. 28

Using the Internet

29 Copyright © 2014 by Nelson Education Ltd. 29

30 Copyright © 2014 by Nelson Education Ltd. 30

31 Copyright © 2014 by Nelson Education Ltd. 31

32 Copyright © 2014 by Nelson Education Ltd. 32

Case 1: Workplace Tragedy

• Statement of Aims and Responsibilities

33 Copyright © 2014 by Nelson Education Ltd. 33

• Instruction and Supervision of Workers

34 Copyright © 2014 by Nelson Education Ltd. 34

Case 2: Work Refusal at Regional Hospital

35 Copyright © 2014 by Nelson Education Ltd. 35

No need for words between us now;

And with the sunshine in our hearts,