Occupational Health and Safety Legislation Flashcards

The 'internal responsibility system' (IRS) in Canadian occupational health and safety law is based on the premise that:

Answer: Everyone in the workplace — employers, supervisors, and workers — shares responsibility for identifying and resolving health and safety issues

The IRS is the foundational philosophy of Canadian OHS law. It holds that the people closest to the workplace — employers, supervisors, and workers — are best positioned to identify and control hazards, and all share responsibility for doing so. Government enforcement (external responsibility) is a last resort when the IRS breaks down.

A professional engineer acting as a project supervisor can avoid personal liability under OHS legislation for a safety violation by demonstrating:

Answer: Due diligence — that they took all reasonable precautions to prevent the contravention

The 'due diligence' defence is available under Canadian OHS legislation to supervisors and employers who can demonstrate they took every reasonable precaution in the circumstances to prevent the violation. Mere ignorance of a hazard is not a defence — a diligent supervisor is expected to identify foreseeable hazards. Due diligence requires proactive measures, not just reactive responses.

Under Canada's Criminal Code (the 'Westray amendments', s. 217.1), organizations and senior officers have a legal duty to:

Answer: Take reasonable steps to prevent bodily harm to workers or the public arising from work done in the organization

Section 217.1 of the Criminal Code (added after the 2003 Westray Mine inquiry) imposes a legal duty on everyone who undertakes or has authority to direct work to take reasonable steps to prevent bodily harm to workers or members of the public. Senior officers and organizations can face criminal prosecution for negligence that causes workplace deaths or serious injuries.

A joint health and safety committee (JHSC) in a provincially regulated workplace typically has the authority to:

Answer: Make recommendations to the employer on health and safety matters and inspect the workplace

JHSCs are advisory bodies with the mandate to identify workplace hazards, conduct inspections, and make recommendations to the employer. They do not have the authority to impose fines (that power rests with government inspectors) or unilaterally shut down work. However, their recommendations carry significant weight and employers must respond to them in writing within prescribed time periods.

Which of the following is a key difference between a 'hazard' and a 'risk' in the context of occupational health and safety?

Answer: A hazard is a potential source of harm; a risk is the likelihood and severity of harm occurring from that hazard

In OHS terminology, a 'hazard' is a condition or practice with the potential to cause harm (e.g., an exposed electrical conductor), while 'risk' is the probability and consequence of harm actually materializing from that hazard. This distinction matters for risk assessment: engineers must identify hazards and then evaluate the risk each poses to determine appropriate controls.

An engineer discovers a serious structural deficiency in scaffolding at a construction site they are inspecting. Workers are currently using the scaffolding. What is the most appropriate immediate action?

Answer: Direct that work on the scaffolding stop immediately and ensure the deficiency is corrected before work resumes

An engineer who observes an imminent danger to worker safety has a professional and legal obligation to act immediately to protect those workers. Documenting the hazard for a later report or recommending PPE as a substitute for structural correction are inadequate responses to an immediate danger. Halting work and requiring correction before resumption is the appropriate action.