OIT OIT Workplace Relations and Labor Standards 1 — Questions and Answers
Question 1: Under Ontario's Occupational Health and Safety Act (OHSA), what is an employer's fundamental duty?
- To take every precaution reasonable in the circumstances to protect workers (Correct answer)
- To provide tools at no cost to all employees
- To guarantee employment for a minimum of one year
- To conduct weekly safety inspections without worker involvement
Correct answer: To take every precaution reasonable in the circumstances to protect workers
OHSA places a duty on employers to take every reasonable precaution to protect the health and safety of workers in the workplace.
Question 2: In Ontario, what does the term 'Joint Health and Safety Committee' (JHSC) refer to?
- A workplace committee with equal employer and worker representation that monitors health and safety (Correct answer)
- A government inspection body that audits workplaces annually
- A union-only safety oversight group
- An insurance company panel that assesses workplace injury claims
Correct answer: A workplace committee with equal employer and worker representation that monitors health and safety
A JHSC is a bipartite (equal employer and worker representation) committee required by OHSA in workplaces with 20 or more workers to identify and address safety hazards.
Question 3: What is the right of a worker under OHSA to refuse work they believe is unsafe, known as?
- Right to refuse unsafe work (Correct answer)
- Right to resign with cause
- Right to arbitration
- Right to overtime pay
Correct answer: Right to refuse unsafe work
OHSA grants workers the explicit right to refuse work they believe is likely to endanger themselves or another worker without fear of reprisal.
Question 4: Under the Ontario Employment Standards Act (ESA), what is the minimum notice period an employer must give a worker before termination without cause after 5 years of service?
- 5 weeks (Correct answer)
- 1 week
- 2 weeks
- 3 months
Correct answer: 5 weeks
Under the ESA, workers with 5 or more years of service are entitled to at least 5 weeks of written notice (or pay in lieu) upon termination without cause.
Question 5: What does 'constructive dismissal' mean in Ontario labor law?
- When an employer makes a fundamental change to employment conditions forcing the worker to resign (Correct answer)
- When a worker is terminated for cause with documented performance issues
- When a worker chooses early retirement
- When a layoff becomes permanent after 35 weeks
Correct answer: When an employer makes a fundamental change to employment conditions forcing the worker to resign
Constructive dismissal occurs when an employer unilaterally makes a significant change to the fundamental terms of employment, effectively forcing the employee to leave.
Question 6: In Ontario, which organization administers workers' compensation benefits for injured workers in industrial trades?
- Workplace Safety and Insurance Board (WSIB) (Correct answer)
- Canada Pension Plan (CPP)
- Employment Insurance (EI) Canada
- Ontario Labour Relations Board (OLRB)
Correct answer: Workplace Safety and Insurance Board (WSIB)
The WSIB administers Ontario's workers' compensation system, providing wage replacement, medical, and rehabilitation benefits to injured workers.
Under Ontario's Occupational Health and Safety Act (OHSA), what is an employer's fundamental duty?