The Occupational Health and Safety Act (OHSA)
One of the most important regulations which you need to understand if you want to work in an engineering field in Canada is the regulation related to health and safety.
The Occupational Health and Safety Act sets out the rights and duties of all parties in the workplace. Its main purpose is to protect workers against health and safety hazards on the job. The Act establishes procedures for dealing with workplace hazards and it provides for enforcement of the law where compliance has not been achieved voluntarily.
To learn more, check this Guide to Ontario Ministry of Labour's Occupational Health and Safety Act.
If you are a construction engineer, you may also check the Ontario's Health and Safety legislation relevant to the Construction Industry.
Duties of Employers
The Occupational Health and Safety Act imposes duties on those who have any degree of control over the workplace, the materials and equipment in the workplace and the direction of the workforce.
Employers are required to take all reasonable precautions to protect the health and safety of workers.
Employers' specific responsibilities relate to toxic substances, hazardous machinery, worker education and personal protective equipment.
Employees' Duties and Rights
Employees are to work safely, in accordance with the regulations set out in the Occupational Health and Safety Act.
To balance the employer's general right to direct the work force and control the production process in the workplace, the Occupational Health and Safety Act gives four basic rights to workers.
The Right to Participate - in the process of identifying and resolving workplace health and safety concerns. This right is expressed through worker membership on joint health and safety committees or through worker health and safety representatives.
The Right to Know - about any potential hazards to which they may be exposed. This means the right to be trained and to have information on machinery, equipment, working conditions, processes and hazardous materials.
The Right to Refuse Work - that they believe is dangerous to their own health and safety or that of another worker. The Act describes the exact process for refusing dangerous work and the responsibilities of the employer in responding to such a refusal.
The Right to Stop Work - the Act sets out the circumstances in which H&S "certified" workers have the right to stop work that is dangerous to any worker and how the right to stop work can be exercised.
Enforcement
If the internal responsibility system fails to address adequately the health and safety issues in a workplace, or if the OHSA regulations are not being followed, the Ministry of Labour has the authority to enforce the law.
Inspectors have broad powers to:
· inspect any workplace
· investigate any potentially hazardous situation and work refusal
· order compliance with the OHSA regulations
· initiate prosecutions
Employers, supervisors and workers must assist and cooperate with inspectors.
For a complete reference to the Regulations made under The Occupational Health and Safety Act, see the Table of Regulations on the e-Laws website under Reference Tables.
The Workplace Safety and Insurance Board (WSIB)
WSIB oversees Ontario's workplace safety education and training system, provides disability benefits, monitors the quality of health care, and assists in early and safe return to work.
Check the Board's web site.