Course: Occupational Health & Safety, HRMN1006

FINAL TEST – 35 MARKS, MONDAY Dec.5, 2022

Afternoon class, test: 12-3 pm,

Name : Uday Panwar

Student ID : 200516646

SECTION A: TRAINING -20 Marks

1. There are 4 basic training programs an employer must provide. For 4

marks each, explain the full name and the subject matter of each of these

programs. Use your own words. Do not simply cut and paste my notes.

Answer 1. All the information is based from MR lecture 4, pages 1, 2, 3

There were four training programs:-

1- Workplace violence and harassment training which is identified under the OHSA.

This program explains the obligations of employers and supervisors and employees

how to identify reports, manage, and prevent workplace violence and harassment.

The key to this training is to understand what violence and harassment is to avoid

behaving in a way that could trigger it and to work together to prevent it and report it

as quickly as possible if it arises.

2- Workers/ supervisors health and safety awareness- It includes identifying

managing, containing, controlling, supervising and reporting anything that could be

possibly dangerous at work. The idea of the training is to prevent an accident or

injury before it happens with proper procedures.

3- Workplace hazardous materials and how employees, supervisors and employees

must confirm to the workplace hazardous materials information system(WHMIS).

This program explains how to read specific warning labels, how to read safety data

sheets regarding hazardous materials and how to properly carry, transport, package,

store, place on shelves, handle, contain, any kind of dangerous materials including

liquids, chemicals, powders, gas, metals, objects.

4- Accommodating the disabled as per the statue named accessibility for Ontarians

with disabilities act ( AODA). This training program will explain to employers,

supervisors, and employees their obligations to assist people with disabilities at work

and to make sure they are not discriminated against. This includes understanding

what accommodations disable people are entitled to including an ability to access

bathrooms, elevators, buildings be able to bring a service dog to work or to obtain

special medical devices or machines at work.

SECTION B: Refusal To Work-20 Marks

2. A worker can refuse to work if he or she has reason to believe that one of 4

situations/conditions exists. Explain each of the 4 for up to 5 marks each.To get full

marks quote the appropriate section number for each of the 4 grounds and do not

simply cut and paste you must explain in your own words or you get no mark.

Answer 2 . The Information for this answer comes from MR Lecture 5A (pg. 3)
A worker can refuse to work if she or he has reason to believe that one of four

situations/ conditions exist :

1. A worker who has cause to suspect they won't be paid The supervisor must

be notified right away if anything on the machine is damaged, doesn't sound right,

makes strange noises, is missing equipment, or behaves strangely, such as

vibrating. Until it can be further examined to see whether it is, nothing on the

machine should be touched. This complies with the Occupational Health and Safety

Act's section 43 (3)(A).

2. Where you believe that the physical condition of the workplace or workstation

is likely to endanger anyone working there, i.e., the walls, the floors, the ceiling,

attachments to the walls, the floor and ceiling are loose or have fallen off or

appeared to be collapsing or cracked or full of mold, there is water in the floor, water

dripping from the ceiling, there is a strange smell comes from the floor, air

conditioning, there is too much noise, there is not enough light, air is not circulating

properly, people are too crowded.

3. If she or he has a reason to believe that physical conditions of a workplace or

workstation likely to endanger a worker as a ground to refuse work in Section 43 (3)

(A) of (ONHSA). That workplace harassment or violence is likely to endanger them

and interfere with their ability to do work i.e., a fellow worker is frightening them or

humiliating them in the middle of work process and that of course is Section 43(3)

(P1).

4. The final ground under Section 43 (3) (c) is the same 43(3)(A) it has to do with

machinery, equipment’s, tools that worker are using but it also has to comply with

43(3)(B) or the physical condition of the workplace. In either those two cases or in

other cases, a worker can also refuse to work if they believe there is specific Section
in OHSA or its regulations, that are being violated. Any job request where a worker

has reason to believe a section of OHSA or its regulations or any other law are being

violated.

SECTION C : Reprisals -20 m arks

3. Section 50 of the OHSA provides that a worker cannot be fired, suspended or

disciplined (or threatened to be), intimidated, coerced or penalized in any way

because the worker has, complied with the OHSA. For 4 marks each list 5 things an

employee cannot be a target of reprisal for engaging in.

Answer 3. The Information of this answer comes MR Lecture 5B, (pg 1)

A worker cannot be dismissed, suspended, reprimanded, or intimated in any other

manner solely because they have complied with OHSA, according to section 50 of

the Occupational Safety and Health Act. An employee cannot be a target or subject

to reprisal or engaging it.

1) They complied with OHSA and or its regulations or any other law. The worker

asks the employer or employee’s supervisor to comply with OHSA and or its

regulations. The employee exercises their rights under the OHSA i.e., they reported

a matter to the ministry of labour, occupational health and safety branch.

Example: - The employee engaged in a safety procedure required under OHSA but

the employer does not want anybody to follow.

2) The employee asks the employer to comply with the OHSA i.e., for example,

in the memorandum, in the oral request, and when they found out the employer

would not comply, either stated they would not work or reported it to ministry of

labour occupational health and safety branch.

3) The employee exercises his or her rights under the OHSA i.e., example, they

telephone and report to ministry of labour, OHSA branch and refuse to work until the

OHSA completes the investigation.

4) When a worker offers information to a ministry of labour official, training safety

inspector, development inspector, or any other official of the OHSA labour branch,

they cannot be dismissed, suspended, disciplined, intimidated, or penalised.

Additionally, you are not permitted to discipline or threaten an employee for adhering

to the directives of an MLTS inspector, another ministry of labour employee, or any

other official.

5) You cannot attack or harass pre-engaging reprisal against the employee is

because they provide evidence at a labour hearing regarding OHSA.

SECTION D: WSIB-20 marks

4. An accommodation is anything that helps to remove barriers to working. For

5 marks each provide 4 examples of accommodation.

Answer 4. The Information for this answer comes from MR Lecture 6 Page . 6

An accommodation is anything that helps to remove barriers to working . Following

are examples for accommodation in workplace or workstation :

1. An accommodation is any reasonable method, exercise, or measure that

removes any barriers brought on by a handicap and enables an employer with

a disability to continue doing their employment. For instance: Any type of

workplace modification, such as a hearing aid in a phone that amplifies sound

for deaf persons, voice-activated software, specifically made seats or desks,

machinery or texts, and other materials. Extra-wide lanes for wheelchair

access are provided in all areas, including bathrooms.

2. The Medical prescriptions , medical devices such as back braces , knee

braces , wrist braces , neck braces , special glasses , ear protection etc.

3. Reaching devices such as special shoes , special clothing , masks , air

filtration systems .

4. Flexibility or changes to somebody’s work schedule including hours of work ,

total number of hours of work , breaks during hours of work .

5. Job redesign, or the removal or addition of specific activities from a job

description. The most important consideration for making adjustments is

whether the request is reasonable, that is, realistic, or whether it is unrealistic

 and will cause the employer excessive hardship. For example, suppose a bus

driver loses their hand but still wants to operate the vehicle.

SECTION E- Toxic Materials-20 Marks

5. In addition to general employer duties under the OHSA, an employer has

specific duties in the OHSA relating to hazardous materials. List 4 duties at 5 marks

each. For full marks list the appropriate section numbers and do not just cut and

paste the answers from the statute or lecture notes, explain them to me in your own

words or you get zero.

Answer 5 : The Information of this answer comes Toxic Materials from MR

Lecture 7 page no. 5 .

The general employer duties under the OHSA , an employer has specific duties to

perform under the OHSA relation to handling of hazardous materials .

In addition to duties , an employer must follow elsewhere as outline under the

OHSA . The employer has even more duties when it comes to hazardous

materials . The OHSA laid out specific additional obligations . They are as

follows :

1. To identify by proper labelling any hazardous materials i.e. . section 37 ,

clause 1 of OHSA .

2. The employer must prepare and keep up to date and if need obtain from

others i.e. the supplies safety data sheets for each hazardous material in the

workplace . Section 37 (1) (b) of OHSA defines the same .

3. The employer must make sure that if there is any possibility , an employee

could be exposed to hazardous materials , that they are properly trained in

handling those materials as per section 42(1) of OHSA .

4. The employer must assess all biological and chemical agents that the

employer will handle or produce for its own use to make sure that appropriate

or suitable WHMIS safety precautions are being followed . This is mentioned

under section 39(1) of OHSA And Section 3 of WHMIS regulations .