Occupational Health and Safety (Part Two)
In the November/December 2015 issue we took a look at some of the key responsibilities of employers under Ontario's Occupational Health and Safety Act (OHSA). Workers have a general duty to take responsibility for personal health and safety, which means they should not behave or operate equipment in a way that would endanger themselves or others. Section 28 of OHSA lists additional specific duties of workers:
Work in compliance with the Act and regulations;
Use any equipment, protective devices or clothing required by the employer;
Tell the employer or supervisor about any known missing or defective equipment or protective device that may be dangerous;
Report any known workplace hazard or violation of the Act to the employer or supervisor;
Not remove or make ineffective any protective device required by the employer or by the regulations.
Reporting can often be helped if your workplace is large enough to have a Joint Health and Safety Committee (JHSC). The main way that workers can participate in workplace health and safety is through exercising their rights and duties in a responsible manner and by supporting their JHSC. The JHSC is made up of worker and management representatives and has the power to:
Identify hazards
Obtain information from employer
Make recommendations to employer
Investigate work refusals
Investigate serious accidents
What can a worker do about unsafe conditions at work?
Health and safety concerns should first be brought to the attention of the employer or supervisor. If nothing is done, it can be taken to the worker's health and safety representative or Joint Health and Safety Committee. If the situation is not corrected, it can be reported to the nearest office of the Ministry of Labour. Workers also have the right to refuse unsafe work. OHSA Section 43 outlines the procedure that must be followed to do this, and this process should be understood before a refusal is initiated.
An injury-causing incident must also be reported to the worker's supervisor or employer, so that the employer's responsibilities under the Workplace Safety and Insurance Act, 1997 can be met. One of these responsibilities is completion of a Workplace Safety and Insurance Board form (Form 7). Dealing with the WSIB on a workplace injury is rarely a smooth experience. Take the time to understand your rights when you get injured at work.
Much of the above information has come directly from the Ministry of Labour website (www.labour.gov.on.ca). If you are in a union, they will have additional information about Health and Safety. It never hurts to be informed by multiple sources so don't be afraid to ask for help when it comes to your safety or the safety of your co-workers. It may be scary to report hazards to a supervisor or manager, but consider the feeling if a fellow co-worker or friend was injured later in the shift or the next day and you could have done something. Feel free to get in touch:
@hamiltonlabour
facebook.com/hamiltonlabour
www.hamiltonlabour.ca.
Anthony Marco is the President of the Hamilton and District Labour Council.
