OCCUPATIONAL HEALTH AND SAFETY ACT
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1 SECTION: 22 SUBSECTION: TITLE: OCCUPATIONAL HEALTH & SAFETY ACT ROLES AND RESPONSIBILITIES The OCCUPATIONAL HEALTH AND SAFETY ACT is a legal document describing the rights and duties of the EMPLOYER, SUPERVISORS and EMPLOYEES in respect to health and safety matters in a workplace. There is also a provision for the establishment of a Health and Safety Committee. The rights and duties associated with this group are described in Section 17, Health and Safety Committee of this manual. Ontario has several REGULATIONS that define specific codes of conduct for safety relating to specific work environments and projects. There are Regulations for Industrial Establishments (Reg. 851)and Regulations for Construction Projects (O. Reg. 213/91). Most of our work locations are covered by the former but there are construction situations where the latter regulations apply. In either case, the regulations are a set of minimum requirements and even strict adherence may not assure that every precaution reasonable in the circumstance for the protection of the worker has been taken. Other Regulations include Designated Substance (Regs ) and WHMIS (Reg. 860). The Act also provides for penalties in the form of fines up to $25,000 and jail terms of up to 12 months for those who are prosecuted and found to be guilty of a violation of the Act. The RIGHT TO REFUSE DANGEROUS WORK is a part of the OHSA and is described in Section 28, Work Refusals & Work Stoppages of this manual.
2 EMPLOYER S RESPONSIBILITIES 1. Ensure that the equipment, materials and protective devices which are required by the Act and the employer are provided and used as prescribed, that they are maintained in good condition and that they are used in a safe manner. 2. Ensure that the measures and procedures prescribed by the Act and the Regulations are carried out in the workplace. 3. Ensure that the workplace is physically sound and conforms to the Building Code and Fire Code. 4. Provide information, instruction and supervision to all workers to protect their health and safety. 5. Appoint competent people to be Supervisors. 6. Acquaint workers and people in authority over workers with any hazards in the work and in the handling, storage, use, disposal or transport of any article, device, equipment or any biological, chemical or physical agent. 7. Take every precaution reasonable in the circumstances for the protection of a worker. 8. Post a copy of the Occupational Health and Safety Act (OHSA) and any explanatory material prepared by the Ministry of Labour outlining the rights, responsibilities and duties of workers. 9. Establish and maintain a Joint Health and Safety Committee. 10. Prepare and review at least annually a written Occupational Health and Safety Policy and develop and maintain a program to implement that policy. 11. Post a copy of the Occupational Health and Safety Policy at a conspicuous location in the workplace. 12. Provide the results of any report on occupational health and safety which is in the
3 employers possession to the Health and Safety Committee and its Representatives and all workers and provide copies if this material is in written format. 13. Ensure than an employee exposed or likely to be exposed to a hazardous material or hazardous physical agent, receives and participates in instruction and training as prescribed. 14. Respond in writing within twenty-one days to written recommendations from a Joint Health and Safety Committee. 15. Take any measures which may be prescribed by the Ministry to deal with specific health and safety issues. 16. Provide assistance and co-operation to a committee and a health and safety representative in the carrying out of any of their functions. SUPERVISOR RESPONSIBILITIES 1. Make sure that all employees work in the manner and with the protective devices, measures and procedures required by the OHSA and its regulations. 2. Make sure that all workers use and wear the equipment, protective devices or clothing as specified by the employer. 2. Advise all workers of the existence of any potential or actual danger to the health and safety of the worker of which the Supervisor is aware. 3. Provide workers with written instructions as to the measures and procedures to be taken for the protection of the worker. 4. Take every precaution reasonable in the circumstances for the protection of all workers. 5. Seek feedback from employees to confirm understanding of health and safety matters. 6. Ensure that a copy of the Occupational Health and Safety Act and any explanatory materials prepared by the Ministry of Labour outlining the rights, responsibilities and duties of workers are posted in your work location.
4 7. Post a copy of TRCA s Occupational Health and Safety Policy at each work location. EMPLOYEE RESPONSIBILITIES 1. Work in compliance with the provisions of the OHSA and its Regulations, as well as the TRCA s policies and procedures. 2. Use or wear the equipment, protective devices or clothing specified by the employer. 3. Report to the Supervisor the absence of or defect in any equipment or protective device. 4. Report to the Supervisor any contravention of the OHSA and its Regulations or the existence of any hazard. 5. Do not remove or make ineffective any protection device required by the Regulations or by the employer without providing an adequate temporary protective device and when the need for removing or making ineffective the protective device has ceased, replace the original protective device immediately. 6. Do not operate any equipment, machine, device or thing or work in a manner that may endanger yourself or any other worker. 7. Do not engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct. 8. Stop work if you believe the work poses an imminent danger. SAFETY SUPERVISOR RESPONSIBILITIES 1. Make sure that all members of Management have a working knowledge of the OHSA and that they have the latest edition of the Act and applicable Regulations. 2. Conduct periodic audits of all locations to make sure that they are in full compliance with the OHSA and its Regulations. 3. Assist members of Management and employees with any questions they may have about the Act and its Regulations.
5 4. Inspect Safety Bulletin Boards for information required under the OHSA. LAST MODIFIED 01/02/2014
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