Legal Responsibilities
What is the name of the system in Ontario workplaces that encourages everyone to be responsible for health & safety?
the Internal Responsibility System (IRS)
What is the maximum fine for an individual under OHSA?
$500,000
What does "due diligence" mean in workplace safety?
Taking every reasonable precaution to protect workers
What is the first thing you should do when you notice a chemical spill?
Alert others and ensure your own safety
What is a hazard and incident?
Hazard: something with the potential to cause harm
Incident: an unplanned event that results in or could result in injury or damage
The right to know, the right to participate, and the right to refuse unsafe work
What is the maximum fine for a corporation under OHSA?
$2,000,000
Who must demonstrate due diligence under OHSA?
Employers, supervisors, and workers
What colour code is typically used to signal a fire emergency in many workplaces?
Code Red
What is the WSIB and what is its role?
The Workplace Safety Insurance Board and it is a no-fault insurance system for only work-related or occupational accidents/injuries/illnesses/diseases
the Green Book
True or False: "I didn't know" is a valid legal defense under OHSA
False
What is one way to prove due diligence?
Keeping records of training, inspections, and corrective actions
What document should you consult to understand how to safely clean up a hazardous material spill?
the Safety Data Sheet (SDS)
True or False: All incidents are caused by hazards
True
Who must investigate a work refusal under OHSA?
The supervisor and a certified member of the JHSC
What is the term for legal action taken against a company or individual for violating OHSA?
Prosecution
What is the legal benefit of demonstrating due diligence?
It can be used as a defense in court if charged under OHSA
What is the proper protocol when building evacuation is announced?
Stop work, follow posted evacuation routes, and proceed to your designated assembly area
What is the difference between a near miss and an incident?
A near miss doesn't result in injury or damage, but an incident does
Under OHSA, what must happen if a worker continues to refuse work after the initial investigation?
The Supervisor must call MOL for their inspector to decide whether the work is unsafe or not
What must the prosecution prove to convict someone under OHSA?
That the accused failed to take every reasonable precaution for the protection of workers
What are the three factors that are considered when establishing a due diligence defense?
Foreseeability, Preventability, and Control
What are the key steps in a spill response plan for a hazardous chemical, including containment and reporting?
Conduct risk assessment, isolate the area, use appropriate PPE, contain the spill, notify the supervisor, and follow the emergency response plan
Why is it important to report hazards even if no incident has occurred?
To prevent future incidents and improve workplace safety