Many fundamental components—such as worker rights and obligations, employer obligations, supervisor obligations, etc.—are common to all Canadian provinces. However, there are regional differences in the specifics of Occupational Health and Safety (OH&S) legislation and how the regulations are applied. Additionally, rules may contain clauses that are ""obligatory,"" ""discretionary,"" or ""as directed by the Minister.""
What are the general duties of the government?
The following are some general duties that fall under the purview of governments with regard to workplace health and safety: inspections at work. investigation into occurrences (e.g., those incidents involving serious injuries or deaths). information dissemination. promotion of education, research, and training. Conflict resolution in OH&S.
What are the rights and duties of the employees?
Among the duties of employees are the following: Follow OH&S laws and regulations when working. Wear PPE and dress appropriately as instructed by your workplace. Inform your employer or supervisor of any risks at work. Use the proper safety gear and work safely as directed by your employer. Any missing or broken protective equipment or gadget should be reported to the employer or supervisor. the following three fundamental rights: Right to reject dangerous work. Possession of the right to engage in health and safety activities at work through the Health and Safety Committee (HSC) or as a worker representative. Right to knowledge, or the right to information, regarding present and possible risks at work.
What duties fall under the purview of the manager or supervisor?
The manager or supervisor is required to: Ensure that employees adhere to OH&S laws and regulations while at work. Ensure that employees are using the recommended protective gear and/or devices. Inform employees of potential and actual risks. Give written instructions to employees outlining the steps that should be taken to protect them. Make all effort that is practical under the circumstances to protect employees. Since managers and supervisors carry out actions on behalf of the employer, they are accountable for carrying out the Act's requirements for the work they supervise.
What duties does the employer have?
A worker's choice of at least one health and safety representative or the establishment and maintenance of a health and safety committee by the employer. Make sure the workplace is secure by taking all conceivable precautions. Employees should get training on potential risks, how to use, handle, store, and dispose of hazardous materials safely, as well as how to handle crises. Ensure that employees understand how to use and handle the equipment safely. Make that employees are using any personal protective equipment that is required. Report any critical injuries right once to the government agency in charge of OH&S. Select a capable manager who will establish performance expectations and guarantee that safe working conditions are always upheld.
What does the law say about creating committees for health and safety?
Generally speaking, health and safety committees must: Be composed of at least half management and half labor representatives, according to regulations in various Canadian provinces and territories. meet frequently; some jurisdictions mandate monthly meetings while others demand at least every three months. be co-chaired by one representative from management and one from the workforce Make sure that workers or their union choose or elect employee representatives. The Health & Safety Committees Section of this website has more information on these committees.
What is the health and safety committee's function?
As an advisory body, health and safety committees may play the following roles. Recognize dangers and learn more about them. suggest corrective measures. assist in settling issues of labor refusal. Participate in workplace audits and incident investigations. Make suggestions to the management regarding the steps that should be taken to address health and safety issues.
What transpires in the event that risky work is refused?
If a worker feels that the circumstances provide a risk to either themselves or their coworkers, they have the right to refuse to perform their duties. When a worker feels that a work refusal should be started, the person must inform his or her supervisor of the work refusal and explain why the worker feels the situation is unsafe. The investigation will involve the worker, the manager, and an HSC member or employee representative. If the issue is settled amicably, the employee is allowed to resume work. A government health and safety inspector is contacted if the issue is not fixed. Inspector conducts investigation and renders written decision.
How is law enforcement conducted?
According to the law, businesses are obligated to safeguard the health and safety of their workers. Inspectors from the government agency in charge of health and safety in each jurisdiction carry out enforcement. Under Section 217.1 of the Canada Criminal Code, charges may also be brought in some serious situations by the police or crown lawyers (also known as the """"Westray Bill"""" or """"Bill C-45""""). Employers and individuals in charge of the work are required by law to take reasonable precautions to ensure the safety of their employees and the general public. An organization or person may be held accountable for criminal negligence if this responsibility is ""wantonly"" or carelessly violated and physical harm or death ensue.
Where can I find additional details regarding obligations?
Consult local authorities in your jurisdiction if you have particular questions about what laws compel businesses and employees to do. This is particularly true if your inquiries center on the nature, scope, application, and enforcement of the law as well as how it pertains to your particular job circumstance. In the OSH Answers document ""Canadian Government Departments Responsible for OH&S,"" we have supplied references."""