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Teach Centre : 

Teach Centre Workplace Health & Safety and Employment Standards

Agenda : 

Agenda Rules for the day House keeping Introductions Health and safety Employment standards Definitions Questions Discussion

A Pivotal Point : 

A Pivotal Point One of the biggest reason that workplace health and safety (Bill C-45) is now enforced was the 1992 Westray Mine disaster. The survivors' and families of the men that lost their lives had no one to hold responsible for this accident.

Westray Mining Disaster : 

Westray Mining Disaster On Saturday, May 9, 1992, a methane gas, and subsequent coal dust explosion at 5:18 a.m. ADT killed 26 miners. It was Canada's worst mining disaster since 1958, when a cave-in at another Nova Scotia coal mine, in Springhill, claimed the lives of 75 miners.

Slide 5: 

In the wake of the explosion, Canadian and international media coverage descended upon the tiny hamlet of Plymouth and the nearby towns of New Glasgow, Stellarton, Westville and Trenton. Coverage gripped Canadians for several days as teams of draegerman (mine rescuers) searched the debris-strewn depths of the mine for survivors.

Slide 6: 

Over the next several days, media reported non-stop from a community centre located across the street from the mine while rescue teams encountered extremely hazardous conditions underground. Westray officials did not cooperate well with the media, which affected the release of information.

Slide 7: 

The bodies of 15 miners were discovered and afterward the search and rescue was changed to a search and recovery operation. After underground conditions worsened, the decision was made to abandon recovery efforts, entombing the bodies of 11 miners at the depths of the mine. Several days later RCMP investigators re-entered the mine with a draeger team to gather evidence for criminal prosecution but they did not enter the "southwest main" shaft where the remaining miners' bodies were located, again due to hazardous conditions.

Slide 8: 

The 117 miners who were not working on shift at the time were given 12-weeks severance pay.

Westray Mine : 

Westray Mine

Workers Health and Safety : 

Workers Health and Safety is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. The goal of all occupational health and safety programs is to foster a safe work environment.[1] As a secondary effect, it may also protect co-workers, family members, employers, customers, suppliers, nearby communities, and other members of the public who are impacted by the workplace environment.

The Act is a framework : 

The Act is a framework of laws and regulations that pertain to safety in the workplace, this consists of rights of duties and enforcement

Who Is Covered By the Act? : 

Who Is Covered By the Act? Almost every worker, supervisor, and workplace in Ontario is covered by the Occupational Health & Safety Act, Also covered are workplace owners, constructors and suppliers of equipment or materials to workplaces that are covered by the Act.

Work and Workplaces not covered : 

Work and Workplaces not covered Farming Operations , Federal Jurisdiction such as airports, post offices, banks, shipping and railway and First Nation Reserves.

Joint Health & Safety Committees : 

Joint Health & Safety Committees Any workplace that regularly employs 20 or more workers, or any workplace using a designated substance must have a voted Joint Health Or ordered ministry of labour

Committee’s Must Consist Of.. : 

Committee’s Must Consist Of.. employer representation voted members of the workforce. If the workforce has fewer than 50 workers then there must be at least 2 voted members, if the workforce consists of over 50 workers then there must be at least 4 voted members of the workforce.

The Joint Health & Safety : 

The Joint Health & Safety Committee has several important rights: Identify Workplace Hazards Obtain Health Information from the Employer Make Recommendations to the Employer Investigate Work Refusals Investigate Serious Injuries Obtain Information from the Workplace Safety and Insurance

Employers Duties : 

Employers Duties The employer must provide any information that the committee has the power to obtain. Respond to committee recommendations, within 30 days Give the committee copies of all orders and reports issued by the Ministry of Labour Inspector Report any workplace deaths, injuries, and illnesses to the committees

Workplace Accidents : : 

Workplace Accidents : What should you do when a worker is ill or injured Provide First-Aid go through your ABC,s of first response Arrange transport to medical treatment Pay worker for full day Investigate Incident – Critical Incident -          Serious Incident Critical Incident – Contact Police -          Contact Ministry of Labour -          Contact Owner /Operator -          WSIB

Slide 19: 

Serious Incident – If time missed from work, fill out a Form 7 and fax to WSIB Must be filled out and sent within 24hrs after incident, legal requirement Employee – ensure that your doctor is told that this injury occurred at work, WSIB information will be forwarded by the doctor Provide First-Aid - go through your ABC,s of first response

Notices : 

Notices Who needs to know when a workplace incident occurs -          Employer / Owner -          Ministry of Labour -          Health & Safety Committee -          Employer shall communicate with the Director within 48 hours of the accident

Enforcement : 

Enforcement A ministry of Labour Inspector may Enter a workplace at any time without warrant or notice -          Conduct or take tests of any equipment -          Require maintenance paperwork on all machines to determine safety -          Meet with Health & Safety Committees -          Make recommendations / time limits for equipment to be fixed -          Make orders, re: repair workplace areas to make safe

Penalties : 

Penalties Every person who contravenes or fails to comply with a)      A provision of this Act or the regulations b)      An order or requirement of an Inspector or Director c)       An order of the Minister Is guilty of an offence and is liable to a fine of not more than $25,000.00 or imprisonment up to 12 month.

Regulations : 

Regulations The Occupational Health & Safety Act , which gives the Government of Ontario broad powers to make regulations. Sets out general principles and duties for the workplace parties. The regulations set out in detail how these duties are to be carried out. Parties to the workplace are obligated to comply with regulations as set out by the Act

Bill 168 – : 

Bill 168 – Violence and Harassment in the Workplace On December 10, 2009, the provincial government passed Bill 168 - The Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009.   Bill 168 amends the Occupational Health and Safety Act  to address issues of workplace harassment and violence.

Slide 25: 

"Workplace violence" is defined in Bill 168 as: (a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker, (b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, (c) a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. "Workplace harassment" is defined in Bill 168 as "engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome".

Violence in the Workplace : 

Violence in the Workplace

The Employment Standards : 

The Employment Standards Act first appeared in 1968 It replaced other pieces of legislation which set standards in the workplace: the Hours of Work and Vacations with Pay Act and the Minimum Wage Act, which established hourly minimum wages and overtime entitlements. The current Employment Standards Act, 2000 (the "ESA") sets out the minimum standards for employees in workplaces in Ontario.

It Establishes : 

It Establishes minimum standards for hours of work, minimum wages, overtime pay, public holidays, vacation with pay, termination and severance pay the rights to pregnancy and parental leave, non-discrimination in employment-related benefit plans, equal pay for equal work protects employees from dismissal if their wages are subject to garnishments, protects against the use of lie detector tests on employees allows retail employees, under some circumstances, to refuse Sunday work.

Employment Standards : 

Employment Standards

Definitions. : 

Definitions. “Board” means the Ontario Labour Relations Board; (“Commission”) “certified member” means a committee member who is certified by the Workplace Safety and Insurance Board under the Workplace Safety and Insurance Act, 1997 “committee” means a joint health and safety committee established under this Act “competent person” means a person who, (a) is qualified because of knowledge, training and experience to organize the work and its performance, (b) is familiar with this Act and the regulations that apply to the work, and (c) has knowledge of any potential or actual danger to health or safety in the workplace

Slide 31: 

“construction” includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project but does not include any work or undertaking underground in a mine; (“construction”) “constructor” means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer;

Slide 32: 

“Deputy Minister” means the Deputy Minister of Labour “designated substance” means a biological, chemical or physical agent or combination thereof prescribed as a designated substance to which the exposure of a worker is prohibited, regulated, restricted, limited or controlled “Director” means an inspector under this Act who is appointed as a Director for the purposes of this Act;

“employer” means a person who employs one or more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or subcontractor to perform work or supply services; “engineer of the Ministry” means a person who is employed by the Ministry and who is licensed as a professional engineer under the Professional Engineers Act;

Slide 34: 

“factory” means, (a) a building or place other than a mine, mining plant or place where homework is carried on, where, (i) any manufacturing process or assembling in connection with the manufacturing of any goods or products is carried on, (ii) in preparing, inspecting, manufacturing, finishing, repairing, warehousing, cleaning or adapting for hire or sale any substance, article or thing, energy is, (A) used to work any machinery or device, or (B) modified in any manner, (iii) any work is performed by way of trade or for the purposes of gain in or incidental to the making of any goods, substance, article or thing or part thereof,

Slide 35: 

(iv) any work is performed by way of trade or for the purposes of gain in or incidental to the altering, demolishing, repairing, maintaining, ornamenting, finishing, storing, cleaning, washing or adapting for sale of any goods, substance, article or thing, or (i) a public or private hospital, (ii) a hotel, or (iii) a public or private institution for religious, charitable or educational purposes, and (c) a logging operation;

Slide 36: 

hazardous material” means a biological or chemical agent named or described in the regulations as a hazardous material; “hazardous physical agent” means a physical agent named or described in the regulations as a hazardous physical agent. “health and safety representative” means a health and safety representative selected under this Act. “homework” means the doing of any work in the manufacture, preparation, improvement, repair, alteration, assembly or completion of any article or thing or any part thereof by a person for wages in premises occupied primarily as living accommodation;

Slide 37: 

“industrial establishment” means an office building, factory, arena, shop or office, and any land, buildings and structures appertaining thereto. “inspector” means an inspector appointed for the purposes of this Act and includes a Director. “labour relations officer” means a labour relations officer appointed under the Labour Relations Act, 1995; (“agent des relations de travail”)

Slide 38: 

“mine” means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral-bearing substance, rock, earth, clay, sand or gravel; (“mine”) “mining plant” means any roasting or smelting furnace, concentrator, mill or place used for or in connection with washing, crushing, grinding, sifting, reducing, leaching, roasting, smelting, refining, treating or research on any substance mentioned in the definition of “mine. “Minister” means the Minister of Labour. “Ministry” means the Ministry of Labour.

Slide 39: 

“occupational illness” means a condition that results from exposure in a workplace to a physical, chemical or biological agent to the extent that the normal physiological mechanisms are affected and the health of the worker is impaired thereby and includes an occupational disease for which a worker is entitled to benefits under the Workplace Safety and Insurance Act, 1997. “owner” includes a trustee, receiver, mortgagee in possession, tenant, lessee, or occupier of any lands or premises used or to be used as a workplace, and a person who acts for or on behalf of an owner as an agent or delegate. “prescribed” means prescribed by a regulation made under this Act;

Slide 40: 

“project” means a construction project, whether public or private, including, (a) the construction of a building, bridge, structure, industrial establishment, mining plant, shaft, tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof, (b) the moving of a building or structure, and (c) any work or undertaking, or any lands or appurtenances used in connection with construction; “regulations” means the regulations made under this Act;

Slide 41: 

shop” means a building, booth or stall or a part of such building, booth or stall where goods are handled, exposed or offered for sale or where services are offered for sale. “supervisor” means a person who has charge of a workplace or authority over a worker. “trade union” means a trade union as defined in the Labour Relations Act, 1995 that has the status of exclusive bargaining agent under that Act in respect of any bargaining unit or units in a workplace and includes an organization representing workers or persons to whom this Act applies where such organization has exclusive bargaining rights under any other Act in respect of such workers or persons. “worker” means a person who performs work or supplies services for monetary compensation but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program;

Slide 42: 

“workplace” means any land, premises, location or thing at, upon, in or near which a worker works; (“lieu de travail”)

Slide 43: 

Limitation (3) An owner does not become a constructor by virtue only of the fact that the owner has engaged an architect, professional engineer or other person solely to oversee quality control at a project

The End : 

The End Thank you

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