find more resources at oneclass.com
1.
EXAM STUFF
Unit 7: Right to participate (committees and reps)
What are Policy and Workplace HS Committees:
2+ ppl where half of them are employees (who aren’t managers and were slected by the
employees or trade union). If there isn’t a committee the employer takes the responsibilities
1. Couple on general purpose of health and safety committees (just generally-what are they
supposed to be doing. Check back on IRS discussion in unit 5- what is the right to
participate in committees)
2.



If there’s 20+ workers, you can have a policy committee. 300+ must have one


You can have multiple committees if the trade union and employees agree to it
For the purposes of addressing health and safety matters that apply to the work,
Everyone has a responsibility to be safe and keep others safe
Federal jurisdiction (Canada labour code part 2) what it says about committees
A policy committee can get any necessary info from an employer to identify
existing or potential hazards of materials, processes, equipment or activities

3.
4.
A policy committee also has full access of government and employer reports and
stuff relating to employee’s health but NOT to medical record unless the person
allows gives their consent
3Q on federal policy committees (remember that’s different than a local work place)^
Know the numbers of how many you need for each policy committee, local work place
committees


5.
20-300 can, 300+ must
They meet every ¼ of a year (quarterly) or more in emergencies
Know the duties- what is it that these policy committees actually do in the duties section
and know how complicated it can be: you could have health and safety reps, local
committee, health policy committee or you could have policy committee, local reps and a
local committees or you could have policy committees, no local reps, local committees
(all depends on the number of people in the work place)

6.
Shall participate in policy and program development and in inquiries, consider
and dispose of health and safety matters. Shall cooperate with the minister,
monitor accidents, and participate in implementation of OHS changes
Several Q on local workplace health and safety committees (look at the article of duties
and powers-what is it they’re supposed to do). Keep track of the numbers here- How
often they met, how often there’s supposed to be an inspection etc.

Every workplace with 20+ workers must have a workplace HS committee, unless
the workplace is on a ship. (If the minister thinks its safe enough they can exempt
the employer from having a WPHS committee but the employees have to agree)

Factors to be considered: how safe it is, the rate of injuries and how many workers
1
find more resources at oneclass.com
find more resources at oneclass.com
7.

Duties: consider and dispose of complaints, participate in implementation of
safety programs and of programs of provision (safety equipment), shall cover any
hazards that the policy committee doesn’t, and when there isn’t a policy
committee it must participate in developing and implementing and monitoring
safety programs, participate in inquiries of those who are qualified to advise the
committee, shall keep adequate records, cooperate with the minister and
implement OHS changes when there isn’t a policy committee, shall assist
employer in investigating hazards
o Basically the WPHSC takes the place of a policy committee if the work
place doesn’t have one and does a little extra

Inspect part of a workplace every month (each part needs to be inspected
once a year)


Meet 9 times a year at regular intervals plus emergency meetings
Has access to any necessary info but not personal records
Ontario right to participate:
Only 1Q on section 8 health and safety reps, the rest are on joint health and safety
committee section 9

Needed for projects of more than 5 people and no committee- they’re a
regular employee chosen by the employer who has to be trained (paid) to be the
rep.

They inspect the workplace (or just part of it) once a month- each part
need to be inspected at least once a year. Report findings to employer/trade union

They have the power: to obtain safety info from employer/constructor and
to be at and consulted about safety tests
Back and forth between sections 8 and 9 (when do you need a health and safety rep vs
when do you need a committee) Pay close attention to the beginning of section 9 (how
many people you need to have a committee without construction projects and so on)


HS rep when it’s a project of 5+ ppl and no committee

Committees have the power and function to identify hazards, recommend
improvements of HS and the establishment/maintenance/monitoring of HS
programs to employer/constructor
Joint committee when it’s a workplace of 20+ people or a non-construction
site where there less than 20 workers and the designated substances
regulation applies
2Q Recommendations- when the committee makes a recommendation to an employer
(what has to happen if there’s a recommendation to the employer)

If the employer does receive a recommendation from a committee or co-chair
they have 21 days to do it and they have to respond with a timetable/schedule and
can explain why they don’t accept it
Several general Q about committees

A member(s) who represents workers does the physical inspection once a month+
(or, again, do a part every month and each part at least once a year) and then tell
the committee about any hazards
find more resources at oneclass.com
find more resources at oneclass.com

Committee member’s names must be posted in an area where they’d be seen
Specific question about committees and construction sites

Worker trades committees are formed if need be (but there’s gotta be 50+ workers
and it has to take more than 3 months) to represent workers in each trade

The members are chosen by the employees and its their function to tell the
committee of hazards
Unit 8: Right to refuse unsafe work
8. Two general Q-what’s the purpose of work refusals/why we have them

9.
To keep workers safe- if you have reasonable cause to believe that your work
would harm your safety then you have the right to refuse to do it (this makes it so
that you can’t be fired if you refuse/ can’t be punished in any way) but you have
to actually have a good reason to believe its dangerous
Go through the procedure pretty closely

First [subjective belief]notify the employer asap, the employer must immediately
investigate (stage one), if employer agree that its dangerous they must take
immediate action and inform the WPHSC/HS rep. If the employee still doesn’t
feel safe [objective belief] they can continue their refusal and report it to the
employer and WPHSC/HS rep; the WPSHC will choose 2 members or the HS rep
will choose the employee (if they want to be there) and someone the employer
chooses to investigate (stage two) and create a report of recommendations for the
employer. If the employee still has an objective belief that its not safe then an
inspector will make the final decision
o Another worker can’t do that work in Stage 1 but can in stage 2
o While investigation continues the employee must stay available and safe
or can be assigned to equal work
o The employer can: agree, agree but say it’s a normal condition of work, or
can disagree (if the ladder two then the employee can just agree to do it or
can persist with their refusal)

If there’s multiple employees complaining, then they can select one of them to file
the complaint and do all the shiz^

If the one refusal prevents other employees from doing their work, then they’re
still paid even if they can’t work (unless they’re given an hours notice before they
come in to work)
Who has the full right to refuse unsafe work, who has limits

You can’t engage in a work refusal if the danger is just part of your job (fireman,
police office, correctional officer, hospital worker, rehab centers etc.) or if your
refusal will put someone else’s safety in danger
10.

Pilots and seamen can’t engage in a work refusal once the boat/aircraft has left
land/is in motion (that would put everyone else’s safety n danger)
11.
What’s the threshold what do you have to perceive to engage in a work refusal
(unsafe, dangerous, etc.)
find more resources at oneclass.com
find more resources at oneclass.com

“Danger” means any hazard, condition or activity that could reasonably be
expected to be an imminent or serious threat to the life or health of a person
exposed to it before the hazard or condition can be corrected or the activity altered

Can be the use of a thing, the condition (workplace violence etc.) of the work
environment or the performance of an activity
12.
1Q about Reprisal (what happens in a federal workplace when employer doesn’t
like the refusal and does something bad)

If the worker follows the proper steps in section 43^ then the employer cannot
reprimand/punish them (otherwise the worker can file a complaint to the Boardmust have a burden of proof)
13.
Section 44- right to order work to be stopped. How it’s different from work
refusal (what triggers it, what the threshold is and how its handled)


Higher level of risk- Worker rep and employer work together
When the hazard poses immediate danger
Unit 9: WHMIS- Right to know
WHMIS is both federally (HPA and HPR- decide on symbols) and provincially (makes sure
its on packaging) for commercial products. You can’t use a product if the labelling’s
ruined/illegible; WHMIS triad=labels, SDSs, worker instruction. Employers shall take all
reasonable measures to protect workers from exposure to a hazardous agents. You can be
deemed to HAVE a disease even if you don’t IF there’s a sure chance you’ll get it
14.
Identify symbols. Chemicals we might’ve mentioned while talking about WHMIS
classes (what class would this chemical be in)

15.
A. Condom= compressed gas, B. fire= flammable, C. ring O’ fire= Oxidizing, D.
skull=immediately poisonous, D. T!= long-term poisonous, D. 3 ring thing=
biohazard, E. hand burning= corrosive, F. R= dangerously reactive
o 8 symbols, 6 classes
Couple on Section 7 to 32 Ontario act-what employers have to do for WHMIS

Workers have a right to know, employers have a duty to tell/inform (even if they
don’t know English the employer has to demonstrate the proper use of the chem.)
Emergencies (what happens to confidential info?)

Don’t have to tell you what the chemicals are but they have to tell you what the
effects of it are

In a medical emergency there are no secrets! (trade secrets are not as important as
someone’s life)
16.
17.
“T!”? (soon to be fazed out)

will be replaced my the “Iron man symbol”
SDS-Safety data sheets (what’s has to be on it, its life span etc.)

3 year life span, must be readily available to any worker, 9 categories
18.
find more resources at oneclass.com
find more resources at oneclass.com
19.
WHMIS 2015, run through the new GHS symbols-generally what they cover
20.
Non-whims labelling

6 other systems: consumer goods CCA, pesticides PCPA, in transit (TDGA)
1 simple Q about TDGA?


Its federal, purpose is incase of spills, no need for a SDS,


Under NSCA- in a container, room or package
21.
22.
23.
Classes: 1=explosive, 2=compressed gas, 3=flammable liquid , 4=flammable solid
spontaneously combustible, dangerous when wet 5= Oxidizers, 6=poisonous, 7=
radioactive, 8= corrosive, 9= miscellaneous
1Q about Radioactive labeling
Trefoil=the three round parallelogram with a circle symbol
Consumer products (what has to be on the labels-symbols?)

Consumer goods: octagon=danger, diamond= warning, triangle= caution. Skull=
poison, hand bones= corrosive, fire=flammable, exploding thing=explosive
24.
1 on designated substances (will add more about designated substance regulation
and/or exposure control regulation)

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

Acrylonitrile, Arsenic, Asbestos, Benzene, Coke oven emissions, Ethylene oxide,
Isocyanates, Lead, Mercury, Silica, Vinyl chloride (ALABAMISVEC)

TWA (time weighted average), STEL (short term (15 minute) exposure limit), C
or CEILING LIMIT (instantaneous exposure-you can’t go above this level for an
instant) these number consecutively get larger
Unit 10: ERS inspectors
25.
External responsibility system relative to the internal responsibility system
find more resources at oneclass.com
find more resources at oneclass.com

ERS= anything or anyone outside the work place that affects health and safety
(inspectors, regulators etc.)
i.


Government inspectors and officers, compensation boards, appeal boards,
safety associations etc.
IRS= inside workplace
ERS is there to make sure the IRS is working
26.
4/5Q on federal jurisdiction inspectors/ ERS (get the language right- what do we
call these inspectors, what do they issue, do they issue orders etc.)

Health and Safety Officers now aka Minister- issues directions, delegate powers
i. Can even order directions over the phone

They can delegate their powers/duties to any authorized person- ODML (Official
Delegated by the Minister of Labour) or provincial employees (ex. U mines)
i. The minister gives them a certificate to prove they’re authorized
ii.

27.
The person isn’t liable if they’re in good faith and something goes wrong
They can also do tests/inquiries/take samples, privately meet with employe(e)(r)s
and get people to fill out forms at any workplace at any reasonable time
i. Inspections are done with a witness unless that person says no (can be an
employee, HS rep or a WPHSC member)
1 specific Q on investigating fatalities federally

Minister/ODML must investigate every federal employee death at work, or that
resulted from an injury at work and write a report and give it to the employer
within 10 days, unless it was because of a car accident on a public road (then they
just get the report from the police)
28.
Know difference between the two main types of federal orders of direction-danger
direction vs contravention directions/compliance order

Contravention: minister may direct employer or employee to terminate/take steps
toward terminating the contravention. A written direction is given to the employer
by the minister asap

Danger: If the thing at the workplace s dangerous then the minister notifies the
employer and directs them to correct, protect, and/or not be used until the
directions are met. The minister also gives a direction to the employee to stop
doing/using the thing or to stop working there till the employer complies with
their direction.
i. Written response must be given as a reply to the direction
29.
1 simple Q on appealing directions under Canada’s labour code

If you don’t like the Minister/ODML’s decision, you can get it appealed, in
writing, by the appeal officer within 30 days of the direction being issued
i.
Can vary, rescind or confirm the direction-this decision is given, in writing
with their reasoning, to PHSC or HS rep
find more resources at oneclass.com
find more resources at oneclass.com


30.
The officer can’t be personally sued for incompetence
Until it gets appealed you have to comply
Look at the penalty provision and the limitation period on Canada labour code
Ontario
31.
2Q on Section 51- fatality and notice of injury

If a person (doesn’t have to be a worker) is hurt/killed the inspector, committee,
HS rep and trade union are notified within 48 hours

“critical injury” = life at risk, produces unconsciousness, substantial (relative) loss
of blood, fracture of a leg or arm, amputation of a leg or arm or hand or foot
(never a finger or toes), burns to major part of body, or of loss of sight

The site must be preserved (can’t hang up a phone if it was knocked over or
anything but you can obviously help a person out if they’re injured)

Has to be reported even if no one got hurt but there was a “close call” (ex.
Building collapsed)
A general Q on external responsibility system

If the ERS monitors the IRS then a notice system is necessary
1Q on powers on inspectors entering workplaces

more annual inspections at construction and industrial sites than mining and SPS
(they also get more complaints)

Can enter without a warrant/notice, take/use articles, get drawings/info, take tests,
or get the employer to do those things

If the workplace is in a residence you need permission or a warrant to enter
1Q on injunctions

If you defy a judge you go to jail is you defy an inspector you just get a fine or
something


You can’t be jailed in place of payment

Can’t lie or prevent an employee from providing info to an appeals officer,
minister, or ODML/inspector if they’re on duty
1Q absolute vs strict liability

both absolute and strict of from doing something wrong without bad intentions
but A= there’s no defence given and S= you get a defence

Neither appeals officers nor ODML’s can be held personally liable in good faith
1Q defence of due diligence

Due diligence serves as a formal defence. Once charged, a person who can show
due diligence should be acquitted
i. What a reasonable person would have done
32.
33.
34.
35.
36.
37.
Prosecutions are relatively rare
1 on lying to the inspector
find more resources at oneclass.com
find more resources at oneclass.com
38.
1Q defence of reasonable mistake- check new notes for the case


“I didn’t know” It’s actually very narrow-hard for it to work

NOT based on unforeseeable future- based on true belief that the hazard didn’t
exist at all (if there’s no way you’d have known of the hazard-hidden or w/e)
Section 66- know what the penalties are

Anyone who fails to comply with a provision/order is guilty and gets a fine of
$25000 or is imprisoned of up to a year (or both!) (A corporation gets up to
$500000 fine-small business get a lesser fine)
He’ll send a few pages involving a punch press-

Ex. a guy gets his fingers cut off on a punch press after telling the supervisor it
was faulty but the supervisor said to “try it again”


No defence of due diligence/reasonable mistake because he was warned

When you get hurt after doing something you’re not supposed to you don’t get
“kicked while you’re down” by being an additional penalty. Instead you just have
to increase care

Corporations max=$500000, individual= $25000 (less for smaller businesses)
39.
40.
41.
ex. Graydex case= supervisor didn’t think the trench needed to be timbered ‘cuz it
was so shallow but then a worker dies when the walls collapsed. Supervisor was
acquitted. But… in the Algom case a crappy gate swung in front of a train in a
mine and killed a worker. The company was not acquitted because they should’ve
fixed the gate
diff b/t knowing before accident and what you couldn’t have possibly known
Penalties under the Ontario act
Unit 11: Subsidiary legislation
42.
2 general Q on Ontario labour relations act- what’s this have to do with OHS?


43.
Applies to unions
collective agreement may contain OHS clauses, arbitrations of grievances may
deal with OHS concerns, OLRB has power under the OHSA to hear complaints
from both union and non-union workers that they have been subject to reprisals,
Unions under the OLRA are recognized under the OHSA for certain purposes,
Arbitrators are given status under the OHSA to hear unlawful reprisals, OLR
Board now hears appeals from Inspectors’ Orders.
i. if an employee doesn’t like what their employers making them do or
thinks they’re being discriminated against or w/e they tell the OLRB
ii. They may be offended by a supervisors dicipline
2 on Ontario human rights code- look at disability


Not about freedom, water etc. Its about =aty and discrimination
You can discriminate in your personal (as in you can choose who comes to you
dinner party- doesn’t mean that its cool to be racist/sexist/homophobic or w/e like
find more resources at oneclass.com
find more resources at oneclass.com
an as*hole) but you can’t discriminate in market place stuff (restaurants, stores,
rental agreements)

Everyone has a right to equal treatment and to reasonable (ex. can’t really
accommodate for a paraplegic to be a firefighter) accommodation

Disability can be from birth or not, can be mental of physical, pretty much
anything that inhibits your ability to do a thing (ex. Alcoholism, down syndrome,
paralysis, etc.) (mental or physical)
44.
3 general Q on coroner’s act

Inquests are public, mainly for fatalities where little is known and almost always
for deaths on construction sites and mines

Not to find fault- it’s to find the cause of the incidence
i. Find out: who died, how, when, and where they died,

If you call 911 because someone’s dead or dying the police will show up- they
make sure it wasn’t intentional (murder) and they provide evidence for the
coroner to see if there needs to be an inquest or not
i.
if the police want to lay charges they do that before the inquest (so that
evidence doesn’t get “muddied” up)

Anyone who has reason to believe someone died at work by unnatural causes has
the duty to give that info to the coroner or police officer (who tells the coroner)



No one can interfere with the body
If its criminal then the inquest is delayed
The jury has the authority to make recommendations to avoid future deaths
45.
2 Q on TSSA. What’s covered? What acts did it consolidate with and what acts
did it replace? (the kinds of safety issues covered) And penalty provisions

It covers/consolidates with: amusement devices act, boilers act, elevating act,
energy act, gasoline act, engineers act, Upholstered act
i. Covers all of the above acts for more efficient and flexible administration
of standards and to enhance public safety in On

Directors can order safety orders that require a thing to be shut down, not be used
or be used differently. An imminent hazard safety order may need an inspection
1Q Mandatory blood testing act

A worker who comes in contact w/bodily fluids (as a result of being a victim of a
crime or while providing emergency care, being a dr./nurse), and is worried about
getting a transmitted disease, can get that person forcibly tested by applying to the
medical officer of health- if they test +ve you have to take an antiviral cocktail
46.
i.
ii.
47.
this usually takes too long (multiple days)
what usually happens is that you take the antiviral cocktail just to be safe
1Q on Ontario pesticides act
find more resources at oneclass.com
find more resources at oneclass.com


anything not registered under the PPA isn’t considered a pesticide
NOBODY can release a pesticide into open air if it causes impairment to the
quality of the environment, is likely to damage or discomfort to property or
plant/animal life or adversely affects human health more than not using it would

You need a license to exterminate
Federal jurisdiction
48.
1 general Q Federal human rights act


pretty much the same as OHRA but doesn’t include sexual orientation… Weird…
You can’t have policies that in effect discriminate (ex. Workers must be 6ft tall
and 180 pounds, this is discriminatory to women)
i.
Unless its because those things are need to do the job (ex. Workers must
be able to lift 100lbs isn’t discriminatory to paraplegics or anyone if its for
police work where it’s a necessary requirement)
49.
Bhinder case- What was decided and what was their mistake that they realized a
few years later?

Mr. Bhinder worked for railway, couldn’t wear a hard hat cuz they didn’t fit over
his turban so he went to trial and lost his job because he couldn’t wear a hard hat
i.

Years later they revised their decision and admit they made a mistake
i.
50.
safety requirements come before human rights
they never tried to accommodate (could’ve used a smaller turban, installed
a protective roof above where he worked, did whatever they do in India on
construction sites)
2 on GECA-government employers’ compensation act

Every province has its own act- Workers in a territory are considered to be under
Alberta’s workers comp and if you’re a Canadian worker outside of Canada
you’re deemed as being under Ontario

The compensations include medical bills and either goes to the injured/disabled
worker or the family/dependents of the deceased worker


Doesn’t include Canadian Forces or of the Royal Canadian Mounted Police

Applies to work places on aircrafts, trains or motor vehicles operated by a
Canadian
i. No smoking on the above^ unless its in a designated smocking room but
doesn’t apply to commuter trains

Employers can designate smoking rooms with independent ventilation (can only
be in a building that was built after Jan 1, 1990)
i. They have to first consult with WPHSC/HS rep/employees
51.
No claims against “her majesty”
1 on federal non smoker’s health act
find more resources at oneclass.com
find more resources at oneclass.com

Only long flights can have designated smoking areas or on flights where the
whole plane is carrying people whose tickets were paid by the same corporation

If a passenger doesn’t stop smoking when asked by an employee then they can be
kicked off
2 general Q on criminal negligence

You’re criminally negligent if you does something or doesn’t do something which
puts the safety of others in danger (ex. purposely throwing bricks at traffic or not
making sure someone’s wearing fall arrest)

Has a mental element
i. Negligent: texting while driving and hitting someone on the road
52.
ii.
iii.
53.
54.
Criminal Neg: Driving on the sidewalk and killing someone
Murder: purposely running over someone you don’t like
Carefully go over 219’s wording (specific) ^
Know the connection b/t due diligence and criminal negligence (what do you do?
Not criminal negligent of due diligent?)


Due diligence: (being reasonable) you did everything a reasonable person would

If multiple people know different parts of one thing you can aggregate their
knowledge to prove negligence of the corporation as a whole

Its like the corporation is a hypothetical person that knows everything that each
employee knew

If you’re duly diligent then you can’t be criminally negligent
55.
Criminally Neg: (being crazily stupid) doing something you knew had a high
probability of hurting someone- even if you don’t want to hurt them
Corporations- aggregated men’s rea
find more resources at oneclass.com