Worksheet #$2$: OHS Act

Rights, Functions and Duties of Joint Health & Safety Committees

Locate and state the appropriate Sections, Sub$-$Sections and Clauses in the Ontario Occupational Health and Safety Act. The answers are not in the Regulations. Note that there are no answers from Section $8.$ Provide one answer only unless otherwise indicated.

Marks $$ Out of $24$ Marks Weighting Worth $4\%$ of Final Mark

Rights, Functions and Duties of JHSC$$s Location in OHS Act

$1.$ Joint Health and Safety Committees have the right to:

a$)$ Obtain information from the employer on actual or potential hazards of materials, processes or equipment.

b$)$ Obtain any information and assistance necessary for carrying out regular inspections.

c$)$ Receive a response to committee recommendations in writing, within $21$ days, including a timetable for implementation or reasons for disagreeing. $(2$ marks $$ provide $2$ answers$)$

d$)$ Receive copies of the most recent version of the hazardous materials inventory and safety data sheets.

e$)$ Receive information on anything supplied to a workplace that emits or produces a hazardous physical agent when in use.

f$)$ Receive a copy of the inspector$$s decision following his or her investigation of a worker work refusal.

g$)$ Receive a copy of all orders or reports issued by a Ministry of Labour Inspector of his or her inspection of the workplace.

h$)$ Receive written notice of lost$-$time injuries caused by an accident, explosion or fire at the workplace, and any occupational illnesses known to the employer. $(2$ marks $$ provide $2$ answers$)$

i$)$ Obtain annual summary of data about the workplace from the Workplace Safety and Insurance Board.

$2.$ The Joint Health and Safety Committee has the right to be consulted about health and safety programs, controls of hazards and about education of workers:

a$)$ The joint committee must be consulted before testing of any equipment, machines or work environment.

b$)$ The employer must consult the JHSC about any proposed industrial hygiene testing strategies.

c$)$ Any instruction and training to be given to workers must be developed and implemented by the employer in consultation with the JHSC$.$

$3.$ The Joint Health and Safety Committee has certain duties and functions during a workplace inspection:

a$)$ The JHSC must select one worker member, if possible a certified member, to inspect the workplace. Workplace inspections must be carried out at least once a month. $(3$ marks $$ provide $3$ answers$)$

b$)$ If it is not practical to inspect all of the workplace every month, part of the workplace must be inspected at least once per month. The entire workplace must be inspected at least once a year.

c$)$ The committee member that does the inspection has a duty to report, to the JHSC$,$ situations that may be a source of danger or hazard to workers. The JHSC must consider this information within a reasonable period of time.

d$)$ The members of the JHSC do not have to appoint the same member to perform all inspections, or all of a particular inspection.

e$)$ The worker member of the committee has the right to accompany Ministry of Labour Inspectors on the physical inspection of the workplace.

$4.$ The Joint Health and Safety Committee has certain duties, functions and rights during accident and incident investigations:

a$)$ The JHSC must be notified by the employer immediately of an occurrence where a person is killed or critically injured from any cause at the workplace.

b$)$ The JHSC must select one or more worker members of the joint committee to investigate accidents where a worker is killed or critically injured. They must inspect the place where the accident happened as well as any relevant machine, device or thing. Findings must be reported to the JHSC as well as to the MOL.

c$)$ The JHSC has the right to assess the situation and recommend steps to prevent a similar accident in the future. $($This is not word for word $$ try and find the closest best answer $$ one only$)$