Topic > Occupational Health and Safety Act (OSHA) - 806

Overview In spirit, the Occupational Health and Safety Act, on the one hand, promotes partnership between employers and workers in sharing responsibility for health and safety at work; on the other hand, it establishes the authority of the Ministry of Labor to enforce the law, once the internal accountability system fails or does not function properly. The internal accountability system is made possible by several critical provisions of the OHSA. Firstly, the active participation of workers in health and safety at the workplace is guaranteed as the law clearly establishes the main rights of workers in the system. Secondly, employers and other stakeholders are entrusted with the duty to protect the health and safety of workers. Finally, the law mandates and authorizes representatives or committees to inspect and make recommendations on potential workplace hazards; these representatives or committees help alleviate the initial inequality of bargaining power between workers and employers. Workers' rights Workers are given the right to actively participate in health and safety in the workplace. As individuals, workers have the right to refuse to work in unsafe working conditions or in places contaminated by violence (43.). Through workers' health and safety representatives or committees, workers have the right to identify and resolve health and safety problems at work, and also have the right to stop work in serious circumstances, when they believe that the working conditions are dangerous for workers (45. ). Furthermore, workers have the right to know about any workplace injuries and deaths (51.(1)) and about any hazardous materials they must handle (43.). Duties of employers and beyond The duties of employers and other persons are prescribed by law. These include building…half of the document…establishing positive relationships between stakeholders. The WSIB Board of Directors is given the power to administer its operating and capital budgets (159. (2)(C)) and to hire employees (159. (3)). These powers guarantee the regular functioning of the Body to actively intervene and monitor health and safety at work. Furthermore, the law aims to achieve a balance between the rights of employers and employees. On the one hand, employers have the duty to cooperate in case of return to work by providing adequate employment after the recovery of the injured worker (40. (1), while workers are also required to cooperate in matters such as maintaining communication with employers once the injury has occurred. In the event of a dispute, the WSIB Board of Directors has the right to determine whether a worker is physically fit to perform the essential duties of his job, while the employer work has the duty to satisfy the conditions of the worker..