NPPE Occupational Health and Safety Legislation

Question 1

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

Accepted Answer

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

Answer

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.

Question 2

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

Accepted Answer

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

Answer

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.

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

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

Answer

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.

Question 5

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

Accepted Answer

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

Answer

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.

NPPE - National Professional Practice Examination Practice Test

NPPE - National Professional Practice Examination Practice Test

NPPE Occupational Health and Safety Legislation