Health and safety laws may apply to you differently depending on your job's location and the nature of your work. Normally you may fall under your specific provincial or territorial regulations, but some workers may fall under federal regulations. This is true if you work for the federal government, crown corporations or special interprovincial undertakings such as railways, telephone companies, banks, shipping, air transport, radio, television or cable. Your employer will have a copy of the applicable Occupational Health and Safety (OH&S) Act and Regulation available in your workplace. In addition to these regulations, the Workplace Hazardous Materials Information System (WHMIS) also applies to you.
What do acts, regulations, guidelines and codes do?
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Act
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Regulations
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Guidlines and Codes
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| Sets the Legal Authority |
Sets the Legal Rules |
Outlines and Details |
| General Principles |
Safety Requirements |
Testing Procedures |
| Rights |
Exposure Limits |
Instrumentation |
| Responsibilities |
WHMIS |
Record Keeping |
Roles and Responsibilities Under the Law
The purpose of workplace health and safety legislation is to protect you, the worker, against hazards on the job. It outlines the general rights and responsibilities of the employer, the supervisor and the worker. The basic elements are as follows:
| Government's Responsibilities |
Employer's Responsibilities |
- to enforce occupational health and safety legislation
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- to establish and maintain a Joint Health and Safety Committee (JHSC), or cause workers to select at least one health and safety (H&S) representative
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- to conduct workplace inspections
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- to take every reasonable precaution to ensure safe workplaces
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- to make information available
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- to train employees about any potential hazards
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- to promote training, education and research
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- to supply personal protective equipment and ensure workers know how to use the equipment safely and properly
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| Worker's Responsibilities |
- to immediately report all critical injuries
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- to work in compliance with the OH&S act and regulations
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- to the government department responsible for OH&S or compensation
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- to use personal protective equipment and clothing as directed by the employer
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- to train all employees on how to safely use, handle, store and dispose of hazardous substances and handle emergencies
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- to report workplace hazards and dangers
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| Worker's Rights |
- right to refuse unsafe work
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- right to participate in the workplace health and safety activities through the JHSC or worker H&S representative
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- right to know actual and potential dangers in the workplace
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Joint Health and Safety Committees
If your workplace has a JHSC, there are certain rules that apply. The committee must be made up of one half management and at least one half labour representatives, and must be co-chaired by one management chairperson and one worker chairperson. The employee representatives are elected or selected by the workers or their union. They must also meet at least once every three months.
This is what JHSCs do:
- act as an advisory body;
- identify hazards and obtain information;
- recommend corrective actions;
- assist in resolving work refusal cases;
- participate in accident investigations and workplace inspections.
Work Refusals
You can refuse work if you have reason to believe that the situation is unsafe to either yourself or your co-workers. This is the procedure you should follow:
- You must report to your supervisor that you are refusing to work and state why you believe that the situation is unsafe.
- You, your supervisor, and a JHSC member or worker representative will investigate.
- You return to work if the problem is solved.
- If the problem is not resolved, a government health and safety inspector is called.
- Your supervisor may assign you reasonable alternative work
- Inspector investigates and gives a decision.
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