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elyoblliw
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ENGR201 Professional Practice and Responsibility ©

Lesson 9 Podcast Transcript: Legal Issues

Occupational Health and Safety in Canada


In this podcast, we discuss some features of Occupational Health and Safety (OHS) in
Canada.

Occupational Health and Safety (OHS) legislation provides a framework to regulate and
minimize exposure of workers to hazardous or dangerous working conditions and
workplaces. In Canada, the jurisdiction of legislation is shared between federal and
provincial or territorial governments. However, in practice, over 90% of Canadian
workers are governed under provincial legislation. It is only the remaining 10% of the
workers working in federal installations and workplaces, such as airports that are
governed by federal OHS legislation. Despite the major provincial role for governing
OHS legislation, the federal government has established the Canadian Centre for
Occupational Health and Safety as a clearinghouse and advocacy group to advance
safe and healthy workplaces in the country.

Key Features
OHS legislations in Canada have some key features that are common to most such
legislations. One key feature is that employees, under OHS legislation, are granted
certain rights. An important right is the ability to refuse to do unsafe work. In other
words, workers can refuse to do work that they think is unsafe or dangerous. Workers
also have the right to be informed about actual and potential dangers. Another right is
to participate in workplace health and safety activities through Joint Health and Safety
Committee (JHSC) as a worker health and safety representative. In addition to worker
rights, supervisors, or employers have important responsibilities to ensure workplace
safety. Key aspects of supervisor responsibility are:
• To ensure that workers use prescribed protective equipment devices
• To advise workers of potential and actual hazards
• To take every reasonable precaution in the circumstance for the protection of
workers
The legislation usually also prescribes responsibility for workers but these, unlike
supervisors’, do not carry a legal burden. Worker responsibilities include:

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• To work in compliance with OHS acts and regulations
• To use personal protective equipment and clothing as directed
• To report hazards and dangers.
Another important aspect of OHS legislation is the concept of due diligence. Despite,
their best efforts, if there is an accident in the workplace, supervisors can use due
diligence as a defence, if they are charged with violating OHS guidelines. Due diligence
is a legal defence that suggests that all reasonable precautions, under the particular
circumstances, were taken. If charged under OHS laws, a defendant may be found not
guilty, if he or she can prove that due diligence was exercised in protecting the
workplace.

Québec OHS Legislation


Québec OHS legislation called the Act Respecting Occupational Health and Safety
(Québec) was introduced in 1979. It is a progressive legislation that has all the major
features of OHS legislation in Canada. It provides workers with the right to refuse
unsafe work and participate in Health and Safety Committees. In addition, it places the
burden of responsibility on employers or supervisors to ensure safe workplaces.
Another feature of Québec’s OHS legislation is that it distinguishes workplaces into
“ordinary” workplaces, where workers are not exposed to very dangerous environments,
and to “special” workplaces, that have elevated risks of injury. Depending on the nature
of the workplace, different measures are needed.

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