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

1. Roles, Rights and Responsibilities under the Occupational Health and Safety Act Ontario Ministry of Labour OSSA - Health and Safety Forum

2. Health and Safety Network

3. 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

4. Set, Communicate and Enforce Standards con’t • 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.

5. Self Reliance - Internal Responsibility System - IRS • Key concept in OHS and fundamental framework supporting OH&S law • The responsibility for identifying OH&S 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.

6. Components of IRS- Roles and Responsibilities (sec 23-32 OHSA) • Owners/Directors • Employers/Constructors • Supervisors • Workers • Suppliers • Architects/Engineers

7. Internal Auditors/ Advisors Joint Health and Safety Committee Health and Safety Representative Health and Safety Professional External Auditors Enforcement Inspector Auditors to IRS

8. Health and Safety Committees/Representatives (sec.8&9 of OHSA) • Where >5 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

9. 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

10. 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

11. 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

12. 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