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level: Occupational Health and Safety

Questions and Answers List

level questions: Occupational Health and Safety

Question	Answer
i. In administering this Act, the Minister’s powers and duties include the following: 1. 1. To promote occupational health and safety and to promote the prevention of workplace injuries and occupational diseases. 2. 2. To promote public awareness of occupational health and safety. 3. 3. To educate employers, workers and other persons about occupational health and safety. 4. 4. To foster a commitment to occupational health and safety among employers, workers and others. 5. 5. To make grants, in such amounts and on such terms as the Minister considers advisable, to support occupational health and safety. 2011, c. 11, s. 2.	Powers of Minister
i. A joint health and safety committee is required, 1. (a) at a workplace at which twenty or more workers are regularly employed; 2. (b) at a workplace with respect to which an order to an employer is in effect under section 33; or 3. (c) at a workplace, other than a construction project where fewer than twenty workers are regularly employed, with respect to which a regulation concerning designated substances applies.	Joint Health and Safety Comittee
A committee shall consist of, a. (a) at least two persons, for a workplace where fewer than fifty workers are regularly employed; or b. (b) at least four persons or such greater number of people as may be prescribed, for a workplace where fifty or more workers are regularly employed - Two of the members of a committee shall co-chair the committee, one of whom shall be selected by the members who represent workers and the other of whom shall be selected by the members who exercise managerial functions	composition of committe
) identify situations that may be a source of danger or hazard to workers; 2. (b) make recommendations to the constructor or employer and the workers for the improvement of the health and safety of workers; 3. (c) recommend to the constructor or employer and the workers the establishment, maintenance and monitoring of programs, measures and procedures respecting the health or safety of workers;	Power of the comittee
i. (33) A committee shall meet at least once every three months at the workplace and may be required to meet by order of the Minister.	Meetings of the safety comittee
a. (7) The Council shall, i. (a) provide advice to the Minister on the appointment of a Chief Prevention Officer; ii. (b) provide advice to the Chief Prevention Officer, 1. (i) on the prevention of workplace injuries and occupational diseases, 2. (ii) for the purposes of the provincial occupational health and safety strategy and the annual report under section 22.3, and 3. (iii) on any significant proposed changes to the funding and delivery of services for the prevention of workplace injuries and occupational diseases;	Prevention Council
i. A worker may refuse to work or do particular work where he or she has reason to believe that, 1. (a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker; 2. (b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; 3. (b.1) workplace violence is likely to endanger himself or herself; or 4. (c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker.	Refusal to work
4) Upon refusing to work or do particular work, the worker shall promptly report the circumstances of the refusal to the worker’s employer or supervisor who shall forthwith investigate the report in the presence of the worker and, if there is such, in the presence of one of, 2. (a) a committee member who represents workers, if any; 3. (b) a health and safety representative, if any; or 4. (c) a worker who because of knowledge, experience and training is selected by a trade union that represents the worker, or if there is no trade union, is selected by the workers to represent them	Report of Refusal to Work
i. No discipline, dismissal, etc., by employer 1. 50 (1) No employer or person acting on behalf of an employer shall, 2. (a) dismiss or threaten to dismiss a worker; 3. (b) discipline or suspend or threaten to discipline or suspend a worker; 4. (c) impose any penalty upon a worker; or 5. (d) intimidate or coerce a worker, ii. because the worker has acted in compliance with this Act or the regulations or an order made thereunder, has sought the enforcement of this Act or the regulations or has given evidence in a proceeding in respect of the enforcement of this Act or the regulations or in an inquest under the Coroners Act.	Employers and Safety
i. (2) Where a worker complains that an employer or person acting on behalf of an employer has contravened subsection (1), the worker may either have the matter dealt with by final and binding settlement by arbitration under a collective agreement, if any, or file a complaint with the Board in which case any rules governing the practice and procedure of the Board apply with all necessary modifications to the complaint	Arbitration
i. (3) The Board may inquire into any complaint filed under subsection (2) or referral made under subsection (2.1) and section 96 of the Labour Relations Act, 1995, except subsection (5), applies with all necessary modifications as if such section, except subsection (5), is enacted in and forms part of this Act.	Inquiry Board
i. (7) Where on an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), the Board determines that a worker has been discharged or otherwise disciplined by an employer for cause and the contract of employment or the collective agreement, as the case may be, does not contain a specific penalty for the infraction, the Board may substitute such other penalty for the discharge or discipline as to the Board seems just and reasonable in all the circumstances	l. Board may substitute penalty