1 Rights and Responsibilities: Duties of An Employer
1 Rights and Responsibilities: Duties of An Employer
Table 1-1: Health and Safety Representatives and JHSC Requirements under the OHSA
Size and
Duration Representative Number of Membership Selection of Powers and Rights
of Project or Committee Members Requirements Members
1 to 5 None (unless
workers the workplace
uses designated
substances)
6 to 19 One Health Selected by the • Obtain information from a
workers and Safety other workers or constructor or employer regarding
(on a Representative their union(s) the testing of equipment,
project materials, or chemicals in the
lasting JHSC (if the workplace.
more than workplace uses • Inspect the workplace at least
3 months) designated once a month, with the full
substances) cooperation of constructor,
OR
employers, and workers.
6 plus • Ask for and obtain information
workers
regarding existing or potential
(on a hazards in the workplace.
project • Make health and safety
lasting recommendations to a constructor
less than 3 or employer, who must respond in
months)
writing within 21 days, either giving
a timetable for implementation or
giving reasons for disagreeing with
the recommendations.
• Where a person has been killed or
critically injured in the workplace,
investigate the circumstances of
the accident and report findings to
a director of the Ministry of Labour.
• Exercise all the powers granted
to the Health and Safety
Representative by virtue of a
collective agreement.
20 to 49 Joint Health At least At least one non- Worker • Identify situations that may be
workers and Safety two management representatives a source of danger or hazard to
(on a Committee worker at the selected from the
workers.
project (created by the project and one site by workers
or trade union(s) • Make recommendations
lasting constructor) management
more than represented. regarding health and safety
representative matters.
3 months) from the project Management
• Recommend the establishment,
if possible representatives
selected by maintenance, and monitoring of
constructor or programs.
employer. • Obtain information from
constructors or employers
50 plus Joint Health At least Half non- Worker regarding testing of equipment
workers and Safety four management representatives or environments and be present
(on a Committee workers from the selected from the when testing is initiated.
project (created by the workplace with at site by workers
lasting constructor) least one certified. or trade union(s)
more than represented.
3 months) Half management
representatives Management
from the representatives
workplace if selected by
possible with at constructor or
least one certified. employer.
Worker Trades At least One worker Members to be Advise the JHSC of the health
Committee one worker representative selected by trade and safety concerns of the
(created by the representative from each trade workers or trade workers in the trades at the
JHSC) from each union(s) at the site. workplace.
trade Members do not
have to be workers
at the site.
TALKS
• transportation
Fax: 905-625-8998
V005
These locations can be pointed out during a tour of 5. Submit an Employer’s Report of Injury/
the workplace when the new worker is introduced Disease (Form 7) and any other information
to co-workers, supervision, and the Health and that may be required to the WSIB within
Safety Representative. three days of learning of an accident.
To make orientation successful, supervisors should 6. Pay full wages and benefits for the day or
follow some simple steps. shift on which the injury occurred if the
worker is entitled to compensation for loss
• Talk to new employees. Put them at ease. Find
of earnings.
out how much they know already. Explain why
their job must be done right, how it relates to the 7. Notify the MOL, H & S Rep and/or JHSC, and
rest of the operation, and what hazards may be trade union as required by legislation.
involved.
The WORKER must do the following.
• Explain assignments carefully to new workers. Tell
them, show them, and ask questions to make sure 1. Promptly obtain first aid.
they understand. Cover one step at a time. Make 2. Notify the employer, foreperson, supervisor,
key operations and safety points clear. Be patient and worker safety representative
and go slowly. immediately of an injury requiring health
• Test the new worker’s performance on the job. care and obtain from the employer a
Watch while the job is being done. Commend completed Treatment Memorandum (Form
good work. When necessary, show how the job 156) to take to the physician or the hospital.
can be done more safely and efficiently. Failure to report promptly can affect your
benefits and subject your employer to fines.
• Let new workers continue on their own. Tell them
who to contact for help and encourage them to 3. Choose a physician or other qualified
get help when needed. practitioner with the understanding that
a change of physician cannot be made
• Follow up. Check on work frequently at first. without permission of the WSIB. The
Look for any bad habits, unnecessary motions, or medical professional must submit a Health
unsafe acts that need correcting. Ease off when Professional’s Report (WSIB Form 8).
you’re convinced that workers are doing the job 4. If an injury requires medical treatment, time
safely and correctly. off work, lost wages, or modified duties, file
An Employee Orientation Checklist is available a Worker’s Report of Injury/Disease (WSIB
to download from the Small Business section of Form 6). Complete and promptly return all
report forms received from the WSIB.
IHSA’s website (ihsa.ca/smallbusiness).
Procedures for reporting accidents—and the type of q Regulation 1101: First Aid Requirements
accidents that must be reported—are spelled out in (under the WSIA)
the green book. See Table 1-2 for more information
or contact the Workplace Safety and Insurance q Company health and safety policy and
Board (WSIB) and MOL. program
In all cases of injury, the EMPLOYER must do the q Company workplace violence and
following. harassment policy
1. Make sure that first aid is given immediately, q Ministry of Labour inspector’s orders and
as required by law. report
2. Record the first aid treatment or advice
given to the worker. q (M)SDS of any hazardous physical agents
that may be used at the jobsite (available)
3. Complete and give a Treatment
Memorandum (Form 156) to the worker if q Emergency response plan
health care is needed.
q Fall arrest rescue procedures (available)
4. Provide immediate transportation to a
hospital or a physician’s office, if necessary.
q WSIB’s In Case of Injury poster (P085 q DANGER signs in hazardous areas (if
available at ihsa.ca) applicable)
q MOL’s Health & Safety at Work: Prevention q Location of toilets and clean-up facilities
Starts Here poster
q Valid certificate of first aider on duty
q MOL’s Employment Standards in Ontario
poster (under the ESA) q Inspection card for first aid box
q MOL Form 0175: Notice of Project (if q Employer records of first aid treatment given
applicable under O. Reg. 213/91, s.6) (available)
q Name of constructor and head office info q Emergency phone numbers and location
of nearest hospital (Use P103: Emergency
q Address and phone number of the nearest Response Poster available from ihsa.ca)
MOL office