Free CRST OHS Law and Ethics Questions and Answers — Questions and Answers
Question 1: In the context of Canadian OHS law, what is the best definition of the legal concept of 'due diligence'?
- Punishing employees who violate safety rules to deter others.
- Taking every precaution reasonable in the circumstances to protect the health and safety of workers. (Correct answer)
- Purchasing the maximum available insurance coverage for workplace incidents.
- Following all industry best practices regardless of cost.
Correct answer: Taking every precaution reasonable in the circumstances to protect the health and safety of workers.
Due diligence is the primary legal defence for an employer charged under OHS legislation. It requires demonstrating that all reasonable precautions were taken to prevent an incident, which is a proactive and documented effort to manage workplace hazards.
Question 2: A certified forklift operator is asked by their supervisor to use a forklift that has a malfunctioning horn. The operator believes this is unsafe and initiates a work refusal. According to the typical process in most Canadian jurisdictions, what is the immediate next step the operator should take?
- Continue to work but document the supervisor's instruction in writing.
- Leave the worksite immediately and file a complaint with the Ministry of Labour.
- Report the refusal to their supervisor and allow for an internal investigation. (Correct answer)
- Contact a lawyer to begin legal action against the company.
Correct answer: Report the refusal to their supervisor and allow for an internal investigation.
The legislated work refusal process requires the worker to first report the issue to their supervisor. This action initiates the internal responsibility system, allowing the employer to investigate and resolve the hazard at the workplace level before any external escalation is necessary.
Question 3: Which of the following workplaces would most likely fall under federal OHS jurisdiction in Canada, as opposed to provincial or territorial jurisdiction?
- A provincially owned hydroelectric dam in Quebec.
- An interprovincial trucking company based in Alberta. (Correct answer)
- A large automotive manufacturing plant in Ontario.
- A municipal construction project in British Columbia.
Correct answer: An interprovincial trucking company based in Alberta.
The Canada Labour Code, Part II, applies to federally regulated industries, which include businesses that operate across provincial or international borders such as interprovincial transportation, banking, and telecommunications. The other options are industries that typically fall under provincial jurisdiction.
Question 4: What was the primary legal change introduced by Bill C-45 (the 'Westray Bill') to the Criminal Code of Canada regarding workplace safety?
- It created a new legal duty for organizations and individuals to prevent bodily harm to workers and imposed criminal liability for violations. (Correct answer)
- It established the three basic rights for workers, including the right to refuse unsafe work.
- It set specific national standards for personal protective equipment (PPE).
- It mandated the creation of a Joint Health and Safety Committee in all workplaces.
Correct answer: It created a new legal duty for organizations and individuals to prevent bodily harm to workers and imposed criminal liability for violations.
Bill C-45, which came into law in 2004, amended the Criminal Code to make organizations and their representatives criminally liable for failing to take reasonable steps to prevent foreseeable harm to workers and others. It established a legal duty under the Criminal Code to protect employee safety.
Question 5: A Safety Technician is pressured by a manager to reclassify a lost-time injury as a 'medical aid only' case to help the department meet its safety bonus targets. According to the BCRSP Code of Ethics, which principle would this action most directly violate?
- The requirement to stay informed of OHS legislative changes.
- The responsibility to participate in professional development activities.
- The duty to maintain the confidentiality of personal health information.
- The obligation to act with integrity, honesty, and professionalism. (Correct answer)
Correct answer: The obligation to act with integrity, honesty, and professionalism.
The Board of Canadian Registered Safety Professionals (BCRSP) Code of Ethics explicitly requires certificants to maintain honesty, integrity, and objectivity in all professional activities. Intentionally falsifying injury records for financial or personal gain is a clear and serious breach of this core ethical principle.
Question 6: Which of the following best exemplifies the principle of the Internal Responsibility System (IRS) in a Canadian workplace?
- An insurance provider setting premium rates based on a company's incident history.
- The government OHS inspector conducting a proactive, unannounced inspection of a workplace.
- An employer, supervisor, and worker collaborating to identify and control a hazard found during a daily task. (Correct answer)
- A company paying a fine for a regulatory violation discovered after an incident.
Correct answer: An employer, supervisor, and worker collaborating to identify and control a hazard found during a daily task.
The Internal Responsibility System (IRS) is the foundation of Canadian OHS legislation, based on the principle that everyone in the workplace shares responsibility for safety. Collaboration between workplace parties (employers, supervisors, and workers) to resolve safety issues is the system working as intended.
Free CRST OHS Law and Ethics Questions and Answers
In the context of Canadian OHS law, what is the best definition of the legal concept of 'due diligence'?