I-1
Employers/Workers Duties
I-2 Ministry of Labour
Inspections/Orders/Penalties
I‑3 Safety Committee
I-4 Right to Refuse
I-5 Accident Reports
I-6 Designated Substance Regulations
The Ontario
Ministry of Labour administers the Occupational Health and Safety Act. This Act was designed to encourage workers
and employers to work together to ensure that the workplace is safe. The regulations were written primarily with
the industrial setting in mind; in some cases interpretation of the regulations
in the academic setting is less than straightforward. This aspect is especially true for the Chemistry Department in
relation to the handling, storage and disposal of chemicals. Many laboratories in the department have
stocks of small amounts of hundreds or even thousands of chemicals, unlike
industrial plants that may keep large amounts of just a few chemicals. Unfortunately, the regulations do not differentiate
formally between the storage of 50 mL, 4 L or 45 gallons of a flammable
solvent, for instance.
The
Occupational Health and Safety Act governs health and safety in the workplace
through the interaction of the Ministry of Labour, the employer and
employees. With the exception of farm
workers, inmates of correctional institutions and servants in private
residences, the Act covers all workers who may come into contact with hazardous
materials, a worker being defined as any person who receives remuneration for
work. Teachers and academic staff of
universities are now covered; graduate students are covered when they are
acting as Teaching Assistants. Undergraduate
students are not covered, however it is university policy that all students
must obey the Occupational Health and Safety Act and its regulations. The Act assigns responsibilities to all
parties‑‑employer, supervisor and worker.
The philosophy
of the Health and Safety Act is one of internal responsibility; that is, the
employer, his appointed supervisors and his employees should take
responsibility for properly applying the Act without the necessity of
enforcement by the Ministry of Labour.
Effective implementation of the act requires the successful interaction
of management, supervisors and workers.
Safety programs should be initiated and supported by the highest levels
of management.
I-1. EMPLOYERS/WORKERS DUTIES
The employer is
responsible for providing information, instruction and supervision to workers
in order to protect their health and safety.
The employer must ensure that his supervisors are "competent"*
and that the supervisors and workers are acquainted with hazards in the
workplace involving the handling, storage, disposal and transport of materials. The employer must take every reasonable
precaution for the protection of workers.
If there are 20 or more employees, the employer must establish a Joint
Occupational health and Safety Committee composed equally of management and
workers. The employer must cooperate
with safety representatives or Joint Occupational Health and Safety Committees
in the carrying out of their duties.
*
A "competent person" means a person who,
i. is qualified because of his knowledge, training or
experience to organize the work and its performance,
ii. is familiar with the provisions of this Act and the
regulations that apply to the work, and
iii. has knowledge of any potential or actual danger to the health
and safety in the work place. (OHSA Section 1‑2).
The supervisor
is responsible for ensuring that employees work in a safe manner and use any
specified safety equipment. In some
situations, the supervisor must supply written work instructions. The supervisor must advise workers of any
danger to their health and safety and take every precaution reasonable in the
circumstances for the protection of the worker.
The worker is
required to comply with the Act and its regulations, to properly use any
specified protective equipment, to report any hazards or equipment defects and
to avoid working in a manner which may endanger himself or another worker. The worker must comply with any prescribed
medical tests. Workers have the right
to elect health and safety representatives.
I-2. INSPECTIONS/ORDERS/PENALTIES
Although the
philosophy of the Act is one of internal responsibility, an inspector of the
Ministry of Labour may enter and inspect the workplace at any time. Inspectors from the Ministry of Labour make
periodic inspections of the undergraduate teaching laboratories as well as the
research laboratories of the Chemistry Department to evaluate whether there has
been compliance with the regulations of the Occupational Health and Safety
Act. If a problem is found, an
inspector may issue an order stating the nature of the problem and may order
that materials be taken out of use, work be stopped or that a workplace be
isolated. Any such orders must be
publicly posted at the workplace and employers and employees must comply with the
order (although there is an appeal process).
Penalties upon conviction of a failure to comply with the Act or an
issued order may result in a maximum penalty of $500,000 and/or 12 months in
prison to the company and $25,000 and/or 12 months in prison to an
individual. In the past repeat orders
were often issued for non‑compliance but a directive from the Ministry of
Labour has advocated a "get tough" policy such that charges are
likely to be laid. The Department was
found guilty of non‑compliance on several orders during an inspection
February 1991. Past inspections of
laboratories in the Chemistry Department have drawn attention to a few
recurrent infractions that are listed below.
1. Bottles of solvent improperly stored or left unattended on lab
benches.
2. Waste improperly labelled and stored.
3. Gas cylinders not properly supported or affixed to lab benches.
4.
Electrical wiring and water hoses on the lab floor that are not properly
covered such that someone might trip on them.
5. Blocked access to electrical panels.
6. Fume hood sashes which are left open.
7. Vacuum pump belt guards not properly in place.
I-3. SAFETY COMMITTEE
The
Occupational Health and Safety Act requires the establishment of a Joint
Occupational Health and Safety Committee (JOHSC) to be comprised of members of
the Faculty, staff and graduate students.
The Departmental Health and Safety Committee is a part of the official
Faculty of Science Joint Occupational Health and Safety Committee. Complaints
or concerns about safety should be brought to the attention of members of this
committee whose names are listed on the safety notices affixed to laboratory
doors.
I-4. THE "RIGHT TO REFUSE"
Any worker has
the right to refuse to do unhealthy or unsafe work. This right may be exercised when a worker has valid reason to
believe that any procedure, chemical, machine, etc. with which he is to work is
likely to endanger his health or that of any other worker. If this right is
exercised, the employer must not discipline, intimidate or threaten the worker
in any way. If possible any such occurrences should be handled within the department without resorting to the Ministry
of Labour.
I-5. ACCIDENT REPORTS
In the event of
serious accidents or occupational illnesses, the Ministry of Labour must be
notified. For deaths or "critical
injuries" (life threatening, unconsciousness, substantial loss of blood,
fractured arms or legs, major amputations, major burns or blindness), the
Ministry of Labour and health and safety representatives must be immediately
notified as well as being given written notice within 48 hours. For lesser injuries requiring medical
attention or occupational illnesses, written notice must be supplied to the
Ministry and to health and safety representatives within four days. These are often called "unusual
occurrence reports".
I-6 DESIGNATED SUBSTANCES
The materials
listed below are called "designated substances" and are serious
hazards in industrial situations. For
each designated substance, detailed regulations governing allowed exposure
limits, use of respirators, air monitoring, medical surveillance and
maintenance of inventories have been made law.
For each of these substances a guide book outlining these requirements
has been prepared. If these
"designated substances" are present in a workplace, a written
assessment of their use, storage, transport and controls must be made by the employer
in consultation with the Joint Occupational Health and Safety Committee. Based on this assessment, further control
programs may have to be instituted to protect workers from exposure. Additions to this list will likely be made
in the future:
acrylonitrile ethylene oxide
arsenic isocyanates
asbestos lead
benzene mercury
cadmium silica
coke
oven emissions vinyl chloride