Workplace Safety 3220

1. Workplace Safety 3220 Chapter 3 – OH&S Legislation

2. OH&S Legislation • Leglislation– laws that govern our daily activities. • Ex. Criminal Code, Schools Act. • Some workplaces are covered by federal law: • Only 10% of Canadian workers fall under federal jurisdiction. • Ex. Fisheries & Oceans Canada, airport workers, ferry workers, railway workers, etc. (See Pg. 22) • Some workplaces are covered by provincial law (NL): • 90% of workers fall under provincial OH&S Acts, applying to provincial workplaces.

3. How is OH&S Legislation Enforced? • Inspectors: • Conduct inspections • Investigate accidents in the workplace • Complete tests (ex. air quality tests) • Enforce provincial OH&S legislation If an inspector suspects that the workplace poses a risk to the health and safety of the workers, a “stop-work order” can be issued. This means that all (or some) of the work must be stopped until the unsafe condition is corrected.

4. How is OH&S Legislation Enforced? • Inspectors can issue “directives”, where employers are given a certain amount of time to correct the problem. • Ex. a restaurant may be given 2 weeks to fix the air exchanger. If it is not fixed, then a stop-work order may be issued.

5. OH&S – And Others • In addition to the OH&S Act, workers in NL must comply with other legislation including: • Workplace Health, Safety and Compensation Act • First Aid Regulations • Asbestos Abatement Regulations • WHMIS • Mines Safety of Workers Regulations

6. OH&S - NL • The NL Occupational Health and Safety Act was written in 1978 to protect workers while on the job. • The Internal Responsibility System (IRS)is a philosophy; it’s a way of thinking; it’s an attitude; it’s a way of life. • It is a philosophy that: • Personal Responsibility • Cooperation • The right to know • See Diagram Pg. 25

7. Due Diligence • If employers practice due diligence, they can use it as a defense against charges under the OH&S Act. • Due Diligence: • when actions normally considered as “reasonable” are taken in a particular situation. • when someone believes that they have done everything reasonable to prevent accidents, they are using due diligence defense. • Ex. providing OH&S training, fixing broken equipment, using safe work policies, ensuring inspections are completed. • Supervisors and workers must also practice due diligence.

8. Basic Rights of Workers • Right to Know • About hazards they may be exposed to in the workplace • Right to Participate • In protecting themselves against injury or illness in the workplace • Right to Refuse • Unsafe work Note: if a worker exercises the right to refuse, the supervisor should be the first one notified. These issues only go outside the workplace if they cannot be resolved through the employer

9. The Right to Refuse • Workers have the right, under the OH&S Act to refuse to do work that he/she believes to be dangerous to his/her health and safety. • See chart Pg. 29 • Review sections 45 – 48 of OH&S Act. • Workers cannot be disciplined (fired/suspended) if they use their right to refuse an unsafe situation when they have reason to believe that the work is unsafe.

10. Employers & Workers – OH&S • Both employers and employees should be familiar and responsible for OH&S in the workplace. • See Sections 4 – 8 of OH&S Act. • Where can you get OH&S information? • Talk with employer/supervisor • OH&S legislation at your workplace • Internet – a large variety of OH&S websites exist which contain an endless supply of information. See Pg. 31-32.