Roles, Rights and Responsibilities under the Occupational Health and Safety Act

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Roles, Rights and Responsibilities under the
Occupational Health and Safety Act

• Ontario Ministry of Labour
• OSSA - Health and Safety Forum

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Health and Safety Network
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Set, Communicate and Enforce Standards

• Set Standards
• Clear, flexible and easy to understand
• Communicate Standards
• Distribute this information through any means
  available
• MOL to explain how the law applies to a
  particular situation, what are the standards and
  what is the client expected to do to comply

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Set, Communicate and Enforce Standards cont

• Enforce Standards
• Our strategy is to target high-risk workplaces
  and poor performers and stimulate self-reliance
• Orders - contravention's of the Act or
  Regulations , persons endangering their own
  health or safety or that of others,
• Prosecutions - failure to comply with orders,
  obstruction of an inspector, fatal or critical
  injury to workers, gross disregard of the Act or
  Regulations by employers, supervisors or workers.

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Self Reliance - Internal Responsibility System -
IRS

• Key concept in OHS and fundamental framework
  supporting OHS law
• The responsibility for identifying OHS problems
  and solving them rests with the people in the
  workplace.
• Multiparty, Duty Based Model Philosophy
• Takes advantage of knowledge of people at the
  workplace, personal motivation (your life and
  health), is less expensive.

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Components of IRS- Roles and Responsibilities
(sec 23-32 OHSA)

• Owners/Directors
• Employers/Constructors
• Supervisors
• Workers
• Suppliers
• Architects/Engineers

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Auditors to IRS

• Internal Auditors/ Advisors
• Joint Health and Safety Committee
• Health and Safety Representative
• Health and Safety Professional

• External Auditors
• Enforcement Inspector

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Health and Safety Committees/Representatives
(sec.89 of OHSA)

• Where gt5 regularly employed workers Health and
  Safety Representative
• Inspections
• Obtain info concerning tests of equipment,
  chemical, physical and biological agents in the
  workplace for the purpose of health and safety
• Be consulted and present at the beginning of
  testing
• Obtain info on identifying hazards of materials,
  processes, practices know to employer
• Inspection/Investigation of critical injuries or
  fatalities
• work refusals

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Joint Health and Safety Committees (where 20 or
more workers reg. Employed)

• certification (Management and Worker
  Representatives)
• Powers of Committee (ID hazards, make
  recommendations, obtain information, be
  consulted)
• Meetings, minutes, inspections
• Work Refusals
• Bi-lateral Work Stoppages

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Client Self Reliance-Workplaces That...

• Are in compliance with the legislated standards
  without Ministry intervention
• Apply health and safety skills and knowledge to
  hazard identification and control
• Demonstrate a commitment to health and safety by
  fostering an effective IRS
• Are able to resolve workplace complaints without
  relying on the Ministry to make a decision
• Manage accidents and illnesses, working towards
  decreasing both frequency and severity

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Where are MOL Activities Targeted?

• Employers with a poor history of self-reliance
• Employers with a poor history of compliance
• Employers with high risk activities
• Employers with high frequency/severity rates
• Employers never visited or not visited in several
  years.
• Employers with poor Employment Standards history

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MOL Inspections-Administrative Review

• Copy of the Act, Health and Safety Policy, Names
  and work locations of committee members.
• JHSC meeting minutes/inspections/certification
• Policies and Procedures for Safety Program
  supporting safety policy
• MSDS sheets and WHMIS training program
• Designated Substances -control program,
  monitoring, med. Surveillance
• Preventative maintenance programs ie. Lifting
  devices
• Minimum Age- 15 in a factory 14 in other than
  factory