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1 Rights and Responsibilities: Duties of An Employer

This document outlines the rights and responsibilities of various parties in the construction industry regarding health and safety. It discusses the duties of constructors, employers, supervisors, and workers. The key responsibilities include ensuring compliance with health and safety laws, providing protective equipment and training, supervising workers, and addressing hazardous conditions. Workers have the right to be informed of hazards and to refuse unsafe work until issues are resolved. Maintaining a strong safety culture requires participation and accountability from all parties.

Uploaded by

Akash Chattha
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© © All Rights Reserved
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Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
107 views8 pages

1 Rights and Responsibilities: Duties of An Employer

This document outlines the rights and responsibilities of various parties in the construction industry regarding health and safety. It discusses the duties of constructors, employers, supervisors, and workers. The key responsibilities include ensuring compliance with health and safety laws, providing protective equipment and training, supervising workers, and addressing hazardous conditions. Workers have the right to be informed of hazards and to refuse unsafe work until issues are resolved. Maintaining a strong safety culture requires participation and accountability from all parties.

Uploaded by

Akash Chattha
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 8

CHAPTER 1 RIGHTS AND RESPONSIBILITIES

1 RIGHTS AND RESPONSIBILITIES • Keep a copy of all employer-approved


registration forms (e.g., Form 1000, Form 0175)
on site while employers are on the project.
An essential part of Ontario’s health and safety
legislation is the importance of having a strong • Develop written emergency procedures and
"Internal Responsibility System" (IRS). The basis post them on site. Make sure workers and
of this concept is that everyone in the workplace subcontractors know what they are and are
has a direct responsibility for health and safety. following them.
Whether you are a worker, a supervisor, or the • Ensure ready access to a telephone, two-
owner of the company, health and safety is your way radio, or other system in the event of an
responsibility. emergency.
Each workplace party on a construction project has • Report a fatality, critical injury, or other
certain duties and responsibilities that contribute to prescribed incident such as a critical injury to the
a safe and healthy workplace. These health and MOL.
safety responsibilities are specified in the current
Occupational Health and Safety Act and
Regulations for Construction Projects, commonly Know the Law
known as the "green book" (Figure 1-1). As defined by the OHSA, a "competent person"
Before beginning means a person who,
work, it is important a) is qualified because of knowledge, training
for everyone on the and experience to organize the work and its
project to know and performance
understand their legal
rights, responsibilities, b) is familiar with this Act and the regulations
and duties. Section 25(2) that apply to the work
(i) of the OHSA requires c) h
 as knowledge of any potential or actual
employers to post a copy danger to health or safety in the workplace.
of the Act in English and
in the majority language
of the workplace.
Duties of an Employer
Remember—safety
begins with you! Many of the duties of an employer are specified in
sections 25 and 26 of the OHSA. Some of the basic
Figure 1-1: Ontario’s duties are as follows.
"green book" • Ensure that the OHSA and all regulations are
complied with.
Duties of a Constructor • Provide and maintain all prescribed equipment,
The duties of a constructor are found in section 23 materials, and protective devices.
of the OHSA as well as other sections of the Act • Ensure that prescribed measures and procedures
and in the Regulation for Construction Projects are carried out.
(213/91). Some of the basic duties are as follows.
• Take every precaution reasonable in the
• Appoint a "competent person" as a supervisor if circumstances for the protection of workers.
5 or more workers are on the project at the same • Prepare a written health and safety policy and
time. Ensure that the project is supervised at all develop a program to implement it (if you have
times. more than five workers).
• Ensure that a project lasting more than 3 months • Appoint a competent person as a supervisor if 5
and having 20 or more workers has a Joint Health or more workers are on the project at the same
and Safety Committee (JHSC). time. Ensure that workers are supervised at all times.
• If a JHSC is not required and there are more than • Provide workers with training as required by law
5 workers, the workers must select a Health and (Working at Heights, WHMIS, etc.).
Safety Representative.
• Ensure workers are qualified to do work that must
• Complete a Ministry of Labour (MOL) Form be done only by qualified workers (electricians, pipe
1000—Registration of Constructors and fitters, etc.).
Employers Engaged in Construction.
• Develop written procedures for rescuing a worker
• Send a Notice of Project (Form 0175) to the MOL. whose fall has been arrested (i.e., a worker hanging by
Note: You can also submit a notice of project a harness).
form online. However, you must print out a copy
of the electronic version and post it on site. • Ensure all workers on site are at least 16 years of age.

Legal Requirements 1-1


RIGHTS AND RESPONSIBILITIES

Duties of a Supervisor or Foreperson Rights of a Worker


Many of the duties of a supervisor are specified in Workers in Ontario have three basic rights:
section 27 of the OHSA. Some of the basic duties 1. T
 he right to know what hazards are in the
are as follows. workplace (The employer has a duty to give
• Ensure that workers use the methods, procedures, that information to the Health and Safety
and equipment required by the OHSA and all Representative or JHSC.)
regulations. 2. The right to participate in keeping the
• Ensure that workers use or wear equipment, workplace healthy and safe by joining a Health
protective devices, or clothing that is required and Safety Committee or becoming a Health
by the employer. and Safety Representative.
• Advise workers about actual or potential health 3. The right to refuse unsafe work that the worker
and safety hazards. believes endangers their health or safety or the
• Give workers written instructions on the measures health or safety of others (Figure 1-2). For more
and procedures to protect themselves, when information, refer to the OHSA, s. 43.
required.
• Take every precaution reasonable to protect
Right to Refuse Unsafe Work
workers. All workers should be aware of and knowledgeable
• Supervise workers personally or have an assistant, about the local/on-site procedures for refusing
who is a competent person, do so. unsafe work. Workers should talk to their
supervisor first and try to resolve the problem
• Inspect the workplace, machinery, etc., once a
before initiating the work refusal process.
week.
If that proves unsuccessful, workers should follow
the procedures for refusing unsafe work as outlined
Duties of a Worker
in Figure 1-2 and in section 43 of the OHSA.
Many of the duties of a worker are specified in Remember: Workers have a duty to report all
section 28 of the OHSA. Some of the basic duties potential hazards and unsafe conditions to their
are as follows. employer.
• Comply with the health and safety legislation.
Employer or
• Never use or operate any equipment or Worker supervisor
Worker RESOLVED
machinery or work in a way that could put refuses to investigates with
stands by in
worker and JHSC
yourself or other workers in danger. work and
worker member, safe place
notifies near work
safety rep, or PROBLEM
• Never remove or make ineffective any protective employer or station.
supervisor. worker chosen by
device. union or workers.

• Select worker representatives for the JHSC. Worker continues to refuse


work. Ministry of Labour UNRESOLVED
• Report any violations of the OHSA, any defective inspector is notified.
equipment, or any workplace hazard to the Other worker may do work
if advised of refusal and
employer or supervisor. reason for refusal.
• Use or wear the equipment, protective devices, Inspector investigates in
consultation with worker,
or clothing that is required by the employer. employer or supervisor, and
worker rep involved earlier.
• Never engage in horseplay on site (pranks,
competitions, showing off your strength,
roughhousing, or unnecessary running). Pending investigation Decision made.
and written decision
In addition to the duties outlined in the OHSA
and applicable regulations, there may be jobsite- In favour Against worker
specific rules that workers must follow. Worker Employer
of worker
stands by or is gives worker
assigned other other Corrective
work. directions. acton taken.
Know the Law
WORK RESUMES
In 2014, the definition of "worker" in section 1(1)
of the OHSA was amended to include unpaid
interns, co-op students, and certain other
learners and trainees participating in a work Figure 1-2: Right to Refuse Work Where
placement program. However, volunteers are not Health or Safety in Danger
covered by this new definition. (Occupational Health and Safety Act, Part V)

1-2 Construction Health and Safety Manual


RIGHTS AND RESPONSIBILITIES

Health and Safety Representative Joint Health and Safety Committee


A Health and Safety Rep (HSR) is required when A Joint Health and Safety Committee (JHSC) is
more than 5 workers are regularly employed at a required when 20 or more workers are regularly
construction project and the work is expected to employed at a construction project and the work
last less than three months or when 6 to 19 workers is expected to last more than three months (Table
are employed and the work is expected to last 1-1). In addition to the principle functions of a JHSC
more than three months (Table 1-1). In addition listed below, other powers and responsibilities can
to the principle functions of an HSR listed below, be found in section 9 of the OHSA.
other powers and responsibilities can be found in
• Identifies actual and potential hazards in the
section 8 of the OHSA.
workplace.
• Must be selected by workers from among the • Inspects the workplace at least once a month or,
other workers on the site. If the workers are if that is not practical, inspects the workplace
represented by a trade union, then the selection is at least once a year and at least part of the
made by the union or unions representing them. workplace each month in accordance with a
• Is familiar with the current green book, the schedule agreed upon by the committee and the
emergency response procedures, and the refusal employer (constructor).
for unsafe work procedures (Figure 1-2). • Is consulted about and present at the beginning
• Inspects the project at least once a month (or of any testing related to health and safety in the
part of the project each month, with the whole workplace.
project covered at least once a year). • Makes recommendations to the employer about
• Makes recommendations or reports findings health and safety in the workplace.
about any hazards to the employer. • Participates in the first and second-stage
• Gets information from the employer about testing investigation of work refusals and inspects
of equipment or materials at the project. When workplaces when there are critical injuries or
a hazard is suspected at the project, it is often fatalities.
necessary to carry out tests to assess the hazard. • Is composed of an equal number of worker and
• Is present during an investigation of a work refusal. employer representatives.
• Is consulted about testing and is present to If a JHSC is required on your site, you are legally
ensure test results are valid. obligated to identify the members by name, trade,
and employer. IHSA’s Joint Health and Safety /
• May inspect the scene of a critical injury or death.
Worker Trades Committee Poster (P041) can help
• Reports the findings to a Ministry of Labour workers know who their committee members are
Director. on site. The poster is double-sided, with JHSC
If an HSR is required on a site, that person must be members on one side and WTC members on the
identified by name, trade, and employer. Use IHSA’s other side (Figure 1-4).
Health and Safety Representative Poster (P029) to
let workers know their HSR and download IHSA’s
Guideline for Health and Safety Representatives
(W002) for more information (Figure 1-3).
HSRs must receive training to enable them to
exercise their powers and perform their duties
(OHSA, s. 8(5.1)). IHSA's JHSC Certification—
Part One course can help HSRs comply with this
requirement. In addition, JHSC Certification—Part
Two (Construction) will provide them with more
sector-specific training. IHSA also has a one-day
HSR Basic Training e-learning course that can serve Figure 1-4: JHSC/WTC Poster (P041)
as a starting point for training.
Certified Members of a JHSC
Where a project regularly employs 50 or more
workers, the JHSC on the project must have at
least one member representing workers and one
member representing the constructor who are
certified members (Table 1-1).
If no members of a health and safety committee
are certified, the workers and constructor must
each select one member of the committee to
Figure 1-3: HSR Poster and Guideline become certified.

Legal Requirements 1-3


RIGHTS AND RESPONSIBILITIES

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.

1-4 Construction Health and Safety Manual


RIGHTS AND RESPONSIBILITIES

In some cases, the H & S Representative, worker


Training for Certified Members member of a JHSC, or worker selected by fellow
On March 1, 2016, a new JHSC Certification Training workers or the union has a right to take part in an
Standard came into effect. Training providers must incident investigation.
be approved by the Chief Prevention Officer (CPO) The results of the incident investigation should
and their training program must meet the Training be made known to all personnel on site.
Program Standard. Recommendations should be implemented to
prevent the incident from happening again.
Under the new Program Standard, there are three
JHSC Certification Training courses:
1. JHSC Certification Part One (generic) Planning and Communication
2. JHSC Certification Part Two (sector-specific) Planning for health and safety should be done
before the project starts and before each new
3. JHSC Certification Refresher
phase. On many construction projects, workers
JHSC members trained under the new standard from different companies may be working at
will be required to take a JHSC Certification the same time. It is important for the general
Refresher course every three years to maintain contractor to work with their sub-contractors to
their certification. JHSC members certified under anticipate and identify all the hazards that will be
the 1996 Standard (prior to February 29, 2016) do created and to ensure that necessary precautions
not need to retake any certification training under are taken and the proper procedures are
the new standard, including a refresher course. communicated to all workers.
If something does go wrong on a construction site,
the employer must prove "due diligence". This means
A certified member who receives a complaint "reasonable steps that a person or company takes to
regarding a dangerous circumstance can investigate satisfy a legal requirement." The employer must be
the complaint under the authority of the OHSA. The able to document that every reasonable precaution
member may also ask a supervisor to investigate a was taken to keep people safe on the project.
situation where the member "has reason to believe" A Due Diligence Checklist is available to download
that a dangerous circumstance may exist. The from the Small Business section of IHSA’s website
supervisor must investigate the situation promptly (ihsa.ca/smallbusiness). Employers can use it as a
in the presence of the certified member. guideline to help ensure that they’re meeting their
The certified member may also request that legal obligations.
another certified member representing the other
party at the workplace investigate the situation if Health and Safety Policy and Program
the first certified member "has reason to believe"
that the dangerous circumstance still exists after Under the OHSA, every workplace with more than
the supervisor’s investigation and remedial action, five employees must have a written health and
if any, has been taken. safety policy and a program to implement that
policy. Records must be kept indicating that workers
The second certified member must promptly
have been trained, inspections have been done, and
investigate the situation in the presence of the
health and safety procedures have been followed.
first certified member and, if both certified
members agree, they may direct the constructor or Visit the Policy and Program Resources section
employer to stop work or stop the use of any part of ihsa.ca for tools and templates you can use
of the workplace, including machines and other to develop or update your company’s health and
equipment. The constructor or employer must safety policy and program.
immediately comply with the order.
If both certified members do not agree that a Job Safety Analysis (JSA)
dangerous circumstance exists, either may request
that a Ministry of Labour inspector investigate A job safety analysis (JSA) is a systematic
the situation. The inspector must investigate and breakdown of work steps for a specific job in a
provide both members with a written decision. specific location. It identifies the hazards associated
with that job and determines the controls
necessary to prevent these hazards.
Ministry of Labour Inspectors
By completing a JSA for common tasks on the site,
An MOL inspector can visit a project or workplace you ensure that you have planned the work properly
at any time and exercise fairly broad powers and that workers can do it safely. As a written
to inspect, ask questions, and issue orders. If document, it can serve as evidence of due diligence.
the inspector approaches a worker directly, the
For more information about creating a JSA, refer to
worker must answer questions and cooperate. The
Appendix A at the end of this manual.
supervisor must be informed of any orders issued
or directions made.

Legal Requirements 1-5


RIGHTS AND RESPONSIBILITIES

Jobsite Safety Talks Training and Orientation


Jobsite talks can help prevent accidents and injuries Training gives workers the knowledge to recognize
by promoting hazard awareness in the workplace. and avoid the hazards they face and do their jobs
Supervisors should present safety talks on a regular safely. However, construction workers often do not
basis and follow these guidelines. have the training required by law. They may not
• Before presenting a prepared talk, look it over. know they need it and their employers may not
Instead of reading the talk to your crew, use your know they have a legal duty to provide it.
own words. Your natural manner will be more The OHSA and Construction Projects regulation
effective than a formal presentation. assigns many responsibilities to a competent
• Choose subjects that are directly related to site person or competent worker. By definition, the
conditions or the company’s health and safety person or worker must be qualified because of
policy and program. knowledge, training, and experience to either
organize or perform the work. Therefore, anyone
• Encourage participation. Get the crew to talk doing work assigned to a competent person or
about close calls and hazards. Solutions to these competent worker MUST be trained.
problems can become the subject of future talks.
Refer to the Training
• Make a note of any hazards the crew may Requirements Chart in
mention as well as any suggestions for improving Appendix B for more
health and safety. Subjects requiring management information about the training
attention should be referred to management. required by Ontario’s health
• Always follow up. Tell the crew what has been and safety legislation for
done to correct problems and improve conditions different types of construction
on the job. jobs and hazards that workers
may encounter. This document
Over 120 safety talks are available to download is also available on ihsa.ca as
from the IHSA website. Members can also order the a free download (see Training
Safety Talks Manual (V005) for free (Figure 1-5). Requirements Chart (W001)).
Statistics show that about 20% of all injuries to
workers occur within their first 30 days on the job.
Safety Talks

This fact highlights the importance of orientation.


Infrastructure Health & Safety Association

Make safety work


What you do matters
to the health and safety
for you. IHSA is
your first step. Newly hired workers may be young or old, male
SAFETY
IHSA serves the following
of your employees
or female, experienced or inexperienced in
industries:
• construction
• electrical
EDUCATE • utilities

TALKS
• transportation

construction. The worker may be new to the site,


Educate yourself and your employees. • aggregates
• Take advantage of IHSA’s 22 free training
• natural gas
programs for members.
• Access hundreds of free products and • ready-mix concrete
downloadable resources.
www.ihsa.ca/Free-Products/Downloads.aspx
You are automatically a

new to the type of work, or new to the company.


• Learn about your rights and responsibilities
under the Occupational Health and Safety Act. member of IHSA if you
are employed with a firm
that pays premiums to
ENGAGE the WSIB in Ontario in

Any worker coming to any project for the first time


Engage your workers in health one of the rate groups in
and safety.
these industries.
• Give five-minute safety talks each morning.
www.ihsa.ca/resources/safetytalks.aspx
• Conduct regular health and safety meetings.
• Keep a record of what happens on the

should be considered a new worker and should be


worksite. Find out what we can
do for you at ihsa.ca
EVALUATE
Evaluate your current health & safety program.
• Take IHSA My Health and Safety Program online.

given proper orientation and training.


www.ihsa.ca/SmallBusiness/My-Health-Safety-Program.aspx
• Conduct hazard assessments and workplace inspections.
www.ihsa.ca/smallbusiness/resources_small-businesses.aspx 5110 Creekbank Road, Suite 400
• Help workers understand the importance of reporting gaps Mississauga, Ontario
in your health & safety system. L4W 0A1 Canada
Tel: 1-800-263-5024
V005

Fax: 905-625-8998

V005

New employees must be told and, if necessary,


Figure 1-5: Safety Talks Manual (V005) trained and shown what is expected of them in
• Work performance
Log Book
• Safe operation of tools and equipment
Another way to demonstrate due diligence is to
• Procedures around hazardous materials
keep a log book or journal of daily events on the
jobsite. A log book can tell the story of a project • Proper use of any required personal protective
in case you have to answer questions about it later clothing and equipment.
or provide documentary evidence in case of a legal They must also be told the name of the worker HSR
dispute (e.g., being charged by the MOL under the or worker JHSC member and shown the location of
OHSA).
• First aid kit or first aid station
IHSA’s Supervisor Log Book
(RF008) contains safety • Fire alarms and exits
talks, a job safety analysis • Fire extinguishers and standpipes
(JSA) form, a due diligence
• Emergency telephones
checklist, inspection
checklists, an employee • Eyewash station
orientation checklist, and • Supervisor’s office
other helpful resources to
improve communication, • Tool crib
planning, and coordination • Washrooms
on a job.
• Lunchroom.

1-6 Construction Health and Safety Manual


RIGHTS AND RESPONSIBILITIES

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).

Post on Site Checklist


Incidents and Injuries
The OHSA, construction regulations, Workplace
No matter how small an injury appears, it should be Safety and Insurance Act (WSIA), and Employment
reported to the employer. If making a WSIB claim, Standards Act (ESA) specify items that must be
it may be difficult to prove that the injury was posted or available at a jobsite.
work-related if it wasn't reported immediately. Also,
reporting near misses and minor incidents can help q Occupational Health and Safety Act and
employers and supervisors put protections in place Regulations for Construction Projects (the
to reduce the risk of more serious injuries. "green book")

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.

Legal Requirements 1-7


RIGHTS AND RESPONSIBILITIES

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 MOL Form 1000: Registration of q Name, trade, and employer of JHSC


Constructors and Employers Engaged in members or Health and Safety
Construction (available) Representative

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

Table 1-2: Reporting Requirements for an Accident, Injury, or Fatality

Occurrence Notification Required Notice Given By Notice Given To Legislation


Fatality or Critical Immediately by • Constructor • MOL • OHSA, 51(1)
Injury telephone or other • Employer • JHSC • Reg. 834 (Definition
direct means • H & S Rep of critical injury)
• Trade Union • Reg. 213/91, s.8
(Information
Written report within Employer Director at MOL required in the
48 hours written report)

Accident, Explosion, Written notice within Employer • JHSC • OHSA, 52(1)


Fire, or Violence four days of the • H & S Rep • Reg. 213/91, s.9 (1)
causing injury occurrence • Trade Union • (Information
(requires medical • MOL (if an inspector required in the
attention and requires notification written notice)
prevents worker from of the Director)
performing work)

Occupational Illness Written notice within Employer • MOL • OHSA, 52(2)


four days of being • JHSC • Reg. 213/91, s.9
advised • H & S Rep (2) (Information
• Trade Union required in the
written notice)
Accident, Explosion, Written notice within Constructor or Owner • JHSC • OHSA, 53
Fire, Flood, two days after the • H & S Rep • Reg. 213/91, s.11 (1)
Equipment Failure, occurrence • Trade Union (List of prescribed
Cave-in, or Prescribed • MOL (unless a incidents)
Incident (at a project report or notice has
site, mine, or mining already been given
plant) under section 51 or
52)

Failure of: Professional Constructor or • MOL Reg. 213/91, s.12


• Temporary or engineer’s written Employer • JHSC
permanent works opinion about the • H & S Rep
• Structure cause of the incident • Trade Union
• Excavation wall within 14 days after
• Crane or hoisting the occurrence
device. (in addition to the
written notice or
report under s.51(1),
52, or 53)

1-8 Construction Health and Safety Manual

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