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Due Diligence

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Designated Substances Regulations (Mercury, ETO, Asbestos etc. ... Supervisor investigates forthwith. in presence of worker. Labour JHSC member ... – PowerPoint PPT presentation

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Title: Due Diligence


1
Due Diligence Ontarios Occupational Health
Safety Act
  • Presented by
  • Murray Hyatt, B.Sc.
  • Paul A. Cyr, CRSP
  • Ottawa Hospital, Ottawa, ON

2
The Occupational Health Safety Act
  • Minimum Standard
  • Regulations made under the OHSA
  • Internal Responsibility System
  • Rights of Workers
  • Offenses and fines
  • The concept of Due Diligence

3
Regulations and Standards
  • Reg. 67/93-Health Care and Residential Facilities
  • Reg. 851-Industrial Establishments
  • Reg. 860-WHMIS
  • Reg. 833 Control of Exposure to Chemical and
    Biological Agents
  • Designated Substances Regulations (Mercury, ETO,
    Asbestos etc.)

4
Regulations and Standards, contd
  • X-ray Safety-Regulation 861
  • Window Cleaning-Regulation 859
  • Critical Injury defined-Regulation 834
  • Others
  • Workplace Safety and Insurance Act
  • Ontario Building Code,
  • Ontario Fire Code,
  • CSA standards, etc...

5
Internal Responsibility System
  • Principal that workplace hazards can be dealt
    with through communication and co-operation
    between employer and workers.
  • Workplace parties share the responsibility for
    occupational health and safety and must strive to
    identify hazards and develop strategies to
    protect workers
  • Multipartite Approach

6
Rights of Workers
  • Right to know
  • Right to participate
  • Right to refuse
  • Right to stop work

7
Duties and Responsibilities of Workplace Parties
Under the OHS Act
8
Section 25 - Duties of Employers
  • Equipment, materials and protective devices as
    prescribed are provided
  • Equipment, materials and protective devices are
    maintained in good condition
  • Measures and procedures prescribed are carried
    out in workplace
  • Equipment, materials and protective devices
    provided are used as prescribed
  • Appoint a competent person as a supervisor

9
Duties of Employers contd
  • Provide information, instruction and supervision
    to worker to protect safety of worker
  • Acquaint a worker or a person in authority over a
    worker with any workplace hazards
  • Afford assistance to JHSC
  • Prepare and review at least annually a written
    OHS policy and develop a program to implement
    that policy

10
Duties of Employers contd
  • Take every precaution reasonable in the
    circumstances to protect the worker

11
Definition of Competent Person
  • Qualified because of knowledge, training, and
    experience to organize the work and its
    performance
  • Familiar with OHS Act and Regulations
  • Has knowledge of any potential or actual danger
    to safety in the workplace

12
Section 27 - Duties of Supervisors
  • Ensure worker uses or wears the equipment and/or
    PPE required by employer
  • Advise worker of any potential or actual danger
    to workers safety
  • Ensure worker works in compliance with OHS Act
    and Regulations
  • Provide a worker with written instructions
  • Take every precaution reasonable in the
    circumstances to protect the worker

13
Section 28 - Duties of Workers
  • Work in compliance with OHS Act and Regulations
  • Use or wear equipment and/or PPE required by
    employer
  • Report any contravention of OHS Act and
    Regulations
  • Report absence or defect in any equipment or
    protective device
  • Shall not engage in any horseplay, or rough and
    boisterous conduct

14
Section 9 - Powers of JHSC
  • Make recommendations about the safety of
    workplace
  • written response required within 21 days
  • Obtain information from the employer
  • Consulted about testing in the workplace
  • Annual workplace inspections
  • Review DSR Assessments and Control Programs

15
Section 23 - Constructors
  • Defined 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
    then one employer.
  • Must ensure Act and Regs are abided by on the
    project
  • Ensure every employer and worker on project
    comply with Act and Regs. and that HS of workers
    on project be protected
  • Ensure MOL is notified of projects as required
  • Take every precaution reasonable in the
    circumstances to protect the worker

16
Section 32 - Directors and Officers of Corporation
  • Shall take all reasonable care to ensure that the
    corporation complies with
  • The Act and Regulations
  • Orders and requirements of inspectors and
    directors
  • Orders of the Minister

17
Section 43 - Right to Refuse
  • Restricted right for hospital workers
  • endangers the safety of another person
  • inherent or normal condition of employment

18
Refusal to Work
  • Worker may refuse if he or she has reason to
    believe that
  • operation of equipment or device may endanger
  • physical condition of workplace may endanger
  • contravenes OHS Act and/or Regulations

19
Work Refusal - Stage One
  • Worker promptly reports refusal to supervisor
  • Supervisor investigates forthwith
  • in presence of worker
  • Labour JHSC member
  • Worker remains in safe location until
    investigation complete

20
Work Refusal - Stage One
  • Refusal resolved, worker returns to work

21
Work Refusal - Stage Two
  • MOL notified
  • Pending results of investigation
  • worker to remain in a safe location
  • worker may be assigned other work
  • another worker may be assigned work however,
    must be advised of refusal in the presence of
    Labour JHSC member

22
Work Refusal - Stage Three
  • MOL investigation and decision
  • Reprisals by employer prohibited

23
Bilateral Work Stoppage
  • Certified worker has reason to believe that
    dangerous circumstances exist
  • Dangerous circumstances
  • contravention of OHS Act and/or Regulations
  • contravention poses a danger to workers
  • delay in controlling may seriously endanger
    workers
  • Restricted if work stoppage endangers safety of
    another person

24
Bilateral Work Stoppage contd
  • Prompt investigation by supervisor
  • Investigation by second certified worker who
    represents other workplace party
  • If both certified workers agree work stoppage may
    be ordered

25
Workplace AccidentsReporting Obligations
26
Critical Injuries
  • Injury places life in jeopardy
  • Produces unconsciousness
  • Results in substantial loss of blood
  • Fracture of a leg or arm, but not a finger or toe
  • Amputation of a leg, arm, hand or foot but not
    finger or toe
  • Burn to a major portion of the body
  • Loss of sight in an eye

27
Reporting Critical Injuries/fatalities(Section
5, Reg 67/93)
  • MOL - immediate notification
  • MOL - written report within 48 hrs
  • WSIB-written within 3 days

28
Non-critical InjuriesLost-time/health
Care/modified Duties
  • Must be reported to WSIB within 3 days of
    employer being notified
  • Notification to MOL within 4 days
  • Manager/supervisor to investigate accident and
    take steps to prevent recurrence

29
Section 66 - Offenses and Penalties
  • Every person who contravenes or fails to comply
    with the act or ministry orders is guilty of an
    offense . Upon conviction, fines up to 25,000
    and up to 12 month jail term per offense.
  • Corporation fines up to 500,000 per offense.

Accused person (incl. Corp.) may be found liable
for any act or neglect on the part of directors,
managers, supervisors, officers etc., as if
offense was committed by accused Strict
liability
30
Section 54 - Enforcement
  • MOL inspectors can enter any workplace (except
    dwellings), anytime without warrant
  • Seize or make use of anything in the workplace so
    as to gather evidence
  • Question anyone, order any tests, take photos,
    take samples, etc., all at the expense of the
    employer
  • Issue orders in effect until hazard rectified
  • 50,000 site visits before year 2000

31
Due Diligence
  • As a legal defense -acquittal in either of two
    ways
  • Proving that all reasonable care was taken to
    avoid the episode or,
  • Proving that one believed in a mistaken set of
    facts (ignorance of the law doesnt count) that,
    if true, would render the prohibited act innocent.

Being willfully blind will not save you, it
will bury you
32
Establishing Due Diligence
  • Develop specific policies, practices and
    procedures for hazardous activities in the
    workplace
  • Provide adequate orientation and training to
    workers
  • Ensure that competent supervisory staff monitor
    hazardous work and communicate risks to workers
  • Audit the workplace for foreseeable health and
    safety risks and protect workers accordingly
  • Ensure compliance through rules and discipline
  • Never assume that the worker will know enough
    about the risks involved in any given task
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