Transcript Power & Energy 3211

Occupational Health &
Safety Legislation
-companion resources > In Class NL OHS Act
Binder
OH&S Legislation
Throughout this course the emphasis is on:
How you can be safe in the fabrication lab, and
How you can be involved in creating and maintaining a
Positive Health and Safety Culture while in class.
OH&S Legislation
As you work through this section, keep asking
yourself this question:
How can this help me to be safer?
OH&S Legislation
In this unit, the intent is to:
build an awareness of OH&S
decrease the # of injuries you may be exposed to as a
young worker
give you experience with the OH&S legislation
help you have a positive attitude towards OH&S
What is Legislation?
Legislation is the laws that govern our daily
activities. For example:
Criminal Code – laws to protect citizens and maintain
public order
Schools Act – laws to ensure that all children have an
education
There are also laws that govern workplaces and outline
the general rights and responsibilities of employees and
employers.
Provincial OH&S Legislation
This unit concerns the OH&S legislation for this
province.
But some workplaces are covered by Federal Law.
In Canada, there are two sets of laws governing
OH&S:
One for workplaces under federal jurisdiction
The other is for workplaces under provincial
jurisdiction.
Federal OH&S Legislation
Only 10% of the Canadian workforce falls under the
jurisdiction of the federal government
90% fall under provincial or territorial legislation
Some workplaces are covered by both jurisdictions.
Workplaces that fall under federal jurisdiction must
follow:
The Canada Labour Code Part II and
The Canada Occupational Safety and Health Regulations
Federal Jurisdiction
Workplaces that fall under federal jurisdiction
include:
Federal Government Departments
Fisheries and Oceans Canada
Human Resources and Skills Development Canada (HRDC)
Canada Revenue Agency
Crown Agencies
Federal
Jurisdiction
Workplaces under federal jurisdiction:
airports
banks
canals
exploration and development of petroleum on lands
under federal jurisdiction
Ferries, railways, tunnels and bridges
highway transport
pipelines
radio and television broadcasting and cable systems
OH&S Legislation
Every province and territory has an Act:
In NL – Occupational Health and Safety (OH&S) Act
and Regulations (binders of legislation provide in class
and home copy of handbook provided to each student)
The OH&S Act regulates health and safety in
workplaces in our province.
How is the legislation enforced?
Federal and provincial jurisdictions have inspectors
who:
Conduct inspections
Investigate accidents and serious injuries
Complete tests such as air quality assessments
Inspect radiation controls
Enforce the OH&S legislation
Stop-Work Order
If inspectors discover that all or part of work at a
workplace poses an immediate risk to the health and
safety of workers or other people, they may issue a
stop-work order.
A stop-work order means that all work stops until
the unsafe condition is corrected
OH&S Directives
When inspectors find that an employer is not
complying with OH&S Legislation, they may issue
directives.
A directive states the law they must comply with
and a time-frame for compliance.
For example, if required training has not been given, the
directive will state that the training session must be
completed by a certain date.
Rights and Responsibilities
OH&S legislation sets the minimum standard:
Minimum Standard - the least that a worker or employer
is required to do to ensure a safe and healthy workplace.
Many workplaces often go far beyond this
minimum standard. Every year, however, 30% of all
injuries in the workplace happen to young workers!
Purpose of the OH&S Act
The OH&S Act and Regulations were created in 1978
to protect workers while on the job.
What is the IRS?
I - Internal
R
- Responsibility
S
- System
The IRS is a philosophy about safe work.
It's a way of thinking, an attitude with which you
approach everything you do at work.
The IRS
What is the IRS?
The IRS has everything to do with your health and
safety while at work. The IRS:
involves everyone.
commitment from everyone.
ensures compliance with OH&S legislation
makes identifying and solving problems a priority.
makes prevention a high priority
can only work if there is communication and cooperation
Everyone must take “reasonable care.”
What is the IRS?
The IRS is based on:
Personal Responsibility
Cooperation
The Right to Know
What is Due Diligence?
How can employers, supervisors workers,
contractors, etc. defend themselves against charges
of breaking the laws regarding OH&S in the
workplace?
By practising Due Diligence
What is Due Diligence?
Due diligence occurs when a person takes all
actions that are normally considered to be
“reasonable.”
It refers to the level of
judgement,
care, and
prudence
that a person would reasonably be expected to take
under normal circumstances
What is Due Diligence?
When someone has been charged with breaking the OH&S
law and they believe they have done everything reasonable
to care for the health and safety of their workers and coworkers, then they can use due diligence as a defence.
In cases where legal action has been taken, defendants will
want to prove that they were duly diligent.
Due Diligence should be a part of everyday business.
Ways Employers Practice Due
Diligence
Provide OH&S training for workers
Make certain that
workers are aware of the hazards associated with their
work
new workers have a proper orientation
unsafe conditions are corrected
workplace inspections are held regularly
Ways Supervisors Practice Due
Diligence
Make certain that
OH&S policies and procedures are followed
Make sure workers are not afraid to bring OH&S issues
to their attention
Carry out workplace inspections
Ways Workers Practice Due
Diligence
Workers must accept responsibility for their own
health and safety
Workers must report unsafe working conditions to
their supervisor
Duties of Workers and Employers
We will review the following sections of the OH&S
Act and Regulations:
Section 4
Employers' General Duty
Section 5
Employers' Specific Duties
Section 6
Workers' General Duty
Section 7
Workers' Specific Duties
Section 8
Imminent Danger
Section 6 of the OH&S Regulations – General Duties of
a Worker
Basic Rights
What are the basic rights of workers?
The right to know
The right to participate
The right to refuse
The Right to Know
What do workers have the right to know?
Workers have a right to know about all of the hazards to
which they might be exposed in their workplace, such
as:
Chemicals present and first aid treatment required (WHMIS)
Dangers associated with equipment
The Right to Participate
What do workers have the right to participate in?
Workers have the right to take part in protecting
themselves against injury or illness in the workplace.
This may mean
Being a member of the OH&S committee
Assist in developing safe work procedures
Reporting unsafe conditions
The Right to Refuse
Workers have a right to refuse unsafe work if the
feel that conducting the work will cause injury or
illness to themselves or others
There is a full section (45) of the OH&S Act that
deals with this right.
When a worker decides to refuse unsafe work it is
important that the supervisor is the first one
notified.
The Right to Refuse
The Right to Refuse
Important Note:
Workers cannot be disciplined if they use their right
to refuse unsafe work when they have reasonable
grounds to believe that the work is dangerous to the
health and safety of themselves or others.
Where to get more information
Talk to your supervisor.
OH&S Act and Regulations should be available in
every workplace.
There are are many websites you could visit.