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HEALTH AND SAFETY. CLASS #2 January 13, 2009. AGENDA. Occupational Health and Safety Act of Ontario Industrial Regulations. CHAPTER 2 – Legislative Framework. Occupational health and safety is regulated under a variety of mechanisms: Acts
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HEALTH AND SAFETY CLASS #2 January 13, 2009
AGENDA • Occupational Health and Safety Act of Ontario • Industrial Regulations
CHAPTER 2 – Legislative Framework • Occupational health and safety is regulated under a variety of mechanisms: • Acts • Federal or provincial or territorial law that constitutes the basic regulatory mechanism for occupational h & s • Regulations • Explain how the general intent of the act will be applied • Guidelines • More specific rules that are not legally enforceable unless referred to in a regulation or act • Standards and Codes • Design-related guides established by agencies such as CSA
Scope of OH&S Legislation • The scope of OH&S legislation differs from jurisdiction to jurisdiction. • The statutes and regulations do not only protect the rights of workers but also establish duties that require compliance. • All OH&S legislation includes the following elements: • An act • Powers of enforcement • The right to refuse unsafe work • Protection from reprisals • Duties and responsibilities assigned to employers, owners, contractors, supervisors, and workers
Due Diligence • Section 25 (2) (h) requires an employer to “take every precaution reasonable in the circumstances for the protection of a worker.” • The legal term for this requirement is DUE DILIGENCE.
Due Diligence • How is it measured? • We must ask ourselves ‘what would a reasonable person do in these circumstances” • It requires an employer to foresee all unsafe conditions or acts and requires the employer to take precautions to prevent accidents that can reasonably be anticipated. • The employee is responsible to comply with health and safety legislation and policies.
GROUP WORK • Students to get into groups to discuss and determine sections and subsections then present to class
GROUP WORK OHSA • 10 groups: • Due Diligence • Duties of Owners • Duties of Employers • Duties of Workers • Duties of JHSC • Duties of Certified Workers • Work Refusals • Reprisals • Designated Substances • Critical Injuries
GROUP WORK 5 new groups Industrial Regulations • Minimum age of workers • Machine guarding • Lockout • Confined Spaces • Safety Harnesses