Home » Articles » Health

Competent OH&S Regulations in Canada

Competent OH&S Regulations in Canada
"""How is a competent individual or worker defined under occupational health and safety (OH&S) laws?

Some provinces in Canada have specific definitions for the terms ""competent"" and ""competent person""/""competent worker"". The seven provinces and territories—Alberta, Saskatchewan, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, and Nunavut—that define ""competent"" are as follows. Saskatchewan, Ontario, Nova Scotia, and Prince Edward Island are the four provinces and territories that specify what constitutes a ""competent individual"" or ""competent worker."" Both phrases are defined by Saskatchewan. The terms ""qualified person"" are used by the federal and Yukon governments. The other two jurisdictions, Quebec and British Columbia, employ the terms ""competent"" and ""competent worker,"" but they do not define them. The table below provides an overview of how each jurisdiction defines competent, competent person/worker, or qualified worker. Definition of jurisdiction Alberta: Section 1 of the 2009 Occupational Health and Safety Code ""Competent"" refers to someone who is sufficiently skilled, trained, and experienced to safely complete job without supervision or with little to no supervision; Saskatchewan: S.S. 1996, c. O-1.1, Reg. 1, s.2 of the Occupational Health and Safety Regulations (l) ""Competent"" refers to having the skills, knowledge, and training necessary to carry out a certain task (m) When referring to a certain activity or obligation, the term ""competent worker"" encompasses any employee who is undergoing strict supervision and training to accomplish that task or fulfill that function; Workplace Safety and Health Regulation, Manitoba, Regulation 217/2006, Section 1.1 ""Competent"" refers to having the skills, knowledge, and training necessary to carry out a certain task. R.S.O. 1990, Chapter 0.1, Section 1 of the Occupational Health and Safety Act, Ontario (1) A ""competent person"" is someone who: (a) is capable of planning the job and carrying it out due to knowledge, training, and experience; (b) is familiar with this Act and the rules that pertain to the work; and © is aware of any potential or actual risk to health or safety in the workplace; Construction Projects, Ontario Regulation 213/91, Section 1. (1) When referring to a specific job, the term ""competent worker"" refers to a worker who is (a) qualified to perform the job due to knowledge, training, and experience, (b) is familiar with the Occupational Health and Safety Act and the provisions of the regulations that apply to the job, and © is aware of all potential or actual risks to one's health or safety at work; New Brunswick: Section 2 of General Regulation 91-191 ""Competent"" means (a) qualified to perform assigned work in a way that will ensure the health and safety of people due to factors like knowledge, training, and experience; (b) knowledgeable of the Act's provisions and the regulations that apply to the assigned work; and © knowledgeable of potential or actual danger to health or safety associated with the assigned work; Occupational Health and Safety Regulations, 2012 N.L.R. 5/12, Newfoundland and Labrador ""Competent"" refers to someone who is I qualified to perform the assigned work in a way that ensures the health and safety of everyone in the workplace given their knowledge, training, and experience, and (ii) knowledgeable of the Act's and these regulations' provisions that apply to the assignment as well as any potential or actual risks to one's health or safety that may come with it. Occupational Health and Safety Regulations R-039-2015 for the Northwest Territories ""competent"" refers to the quality of having the skills, knowledge, and training necessary to fulfill a function, task, or obligation; Occupational Safety General Regulations, Nova Scotia Regulation 44/99, 2. (g) ""Competent person"" refers to a person who is I knowledgeable about the provisions of the Act and regulations that apply to the assigned work, as well as about potential or actual danger to health or safety associated with the assigned work, and (ii) qualified due to their knowledge, training, and experience to perform the assigned work in a manner that ensures the health and safety of every person in the workplace; Regulations for occupational health and safety in Nunavut, R-003-2016 ""competent"" refers to the quality of having the skills, knowledge, and training necessary to fulfill a function, task, or obligation; Occupational Health and Safety Act General Regulations, EC180/87, Section 1.4, Prince Edward Island (f) ""Competent person"" refers to a person who I is qualified to perform the assigned work in a way that will ensure the health and safety of people in the workplace due to their knowledge, training, and experience; and (ii) is knowledgeable about the Act's provisions, the regulations that apply to the assigned work, and any potential or actual risks to health or safety associated with the assigned work. Yukon: According to section 1.02 of the Occupational Health and Safety Regulations, O.I.C. 2006/178, a ""qualified person"" is a person who has received training, education, and experience in the identification, assessment, and mitigation of workplace hazards; Federal: SOR/86-304, Section 1.2, Canada Occupational Safety and Health Regulations ""qualified person"" refers to a person who is qualified to do a specific duty safely and effectively based on knowledge, training, and experience;

What attributes define competence?

Remember that the details below are simply a general outline. Always check immediately with your jurisdiction for the precise legal interpretation of any material regarding legislation and the requirement(s) to be competent. In general, individuals must meet a combination of the following criteria in order to be competent in the health and safety elements of their jobs: possess the necessary education, skill, and experience to perform the task at hand possess awareness of the risks and dangers involved in the activity or task to be accomplished (e.g., knows what hazards and risks are present) know how to identify, assess, and control these risks and hazards (e.g., understands what safety measures or controls to employ or have already been put in place for the various risks or hazards). possess the capacity to operate in a way that does not jeopardize their health and safety or the health and safety of others. understand the rules and laws that are relevant to the work being done These aptitudes can be developed or picked up by a person's knowledge, skills, training, experience, and so on. Knowing both what to do and how to do it is a definition of knowledge. Skill can be defined as having the ability to perform the activity correctly. Skills often require technical know-how, expertise, practice, measurement, and feedback to develop into ability. Some abilities will be gained through experience and practice, other abilities may be learned through informal and formal education and training. As an example, Alberta Labour provides a description of characteristics may be used to describe a worker as “competent”: “(1) adequately qualified — the worker has some type of qualification, usually earned through a formal education program, training course, etc., or a combination of education and practical experience. With certain exceptions such as professional designations e.g. professional engineer, nurse, physician, etc. or other legal requirement involving qualifications, the employer is responsible for evaluating and deciding if a worker is adequately qualified. ... (2) suitably trained — the worker must have training that is appropriate to the tasks, equipment, etc., that will be performed or used. ... ; and(3) with sufficient experience to safely perform work without supervision or with only a minimal degree of supervision — determining whether a worker has sufficient experience to safely perform work is the employer’s responsibility. A worker’s qualifications, training and experience are no guarantee that work will be performed safely. ... .” In all cases, Alberta Labour states that it is the employer who should be able to justify the basis on which a worker is considered to be “adequately qualified”, “suitably trained” or “sufficient experience”. From: Alberta Labour, 2017. OHS Code Explanation Guide 2009 It is not possible to provide a general list of the exact knowledge, training and experience required. Every organization must determine the requirements for each position or task to be done. In some cases, these abilities can be held by a single individual or by a team of people. Organizations can prepare individuals (or teams) to be competent by facilitating the appropriate education, training, skills development, and experience. Methods of gaining experience can include mentorship, assisting senior workers, scenario based training, observation, etc.

Is a competent supervisor the same as a competent person?

In many ways, yes. However, supervisors also act on behalf of the employer, and have authority over the work and/or workers. There are additional competencies that supervisors require, including: directing or organizing the work and how that work is performed informing workers about actual or potential dangers, including explaining the laws that apply showing workers how to work safely, which may include training or written instructions, or correcting their work performance responding to workers concerns making sure workers use methods, procedures, and equipment required making sure workers work in compliance with the Acts and regulations that apply making sure workers use or wear the protective equipment or clothing that the employer requires taking every precaution reasonable to protect workers"""
 

Please support us in writing articles like this by sharing this post

Share this post to your Facebook, Twitter, Blog, or any social media site. In this way, we will be motivated to write articles you like.

--- NOTICE ---
If you want to use this article or any of the content of this website, please credit our website (www.affordablecebu.com) and mention the source link (URL) of the content, images, videos or other media of our website.

"Competent OH&S Regulations in Canada" was written by Mary under the Health category. It has been read 26 times and generated 0 comments. The article was created on and updated on 23 November 2022.
Total comments : 0