Workplace safety perhaps remains one of the most important concerns within workplaces in Canada-a concern that affects both employers and employees alike. Ensuring that the workplace is free from hazards is a duty not just morally but legally also. Workplace safety legislation in Canada has at its cornerstone something called the OHSA. It describes the rights and responsibilities of all parties in ensuring a safe workplace. A look at the OHSA will give an overview of some important aspects to be discussed, which will be very helpful for employers and employees in determining how they best can participate in creating a safe place to work.
Overview of the Occupational Health and Safety Act
The Occupational Health and Safety Act can be termed as a provincial legislation used to outline the legislative framework in terms of workplace safety throughout Canada. In Canada, each province and territory outlines its own version of OHSA specific to the conditions and requirements of the particular province or territory it will be applied within. However, the concepts of the Act are generally the same throughout the country; that is, to prevent workplace injury, illness, and death.
There is a strong emphasis on “internal responsibility,” or the understanding that both employers and employees are responsible for making the workplace safe via the OHSA. This does ensure safety is a shared responsibility, and through this, there is a collaborative process by members to identify and mitigate risk.
Employer Responsibilities under OHSA
Safety under OHSA is a legal duty on the employers with respect to their employees. This includes making sure of a work area free from hazards, carrying out risk assessments, and finally implementing measures for avoiding or eliminating hazards. The employer shall ensure that employees are well trained in workplace safety practice and they possess all kinds of safety equipment.
Employers are also under the OHSA obligation to create a Joint Health and Safety Committee in the workplace where 20 or more employees are working therein. Functions of JHSC have been vested with the responsibility to locate potential hazards, inspect the workplace, and recommend toward the betterment of safety conditions. Such work of a JHSC should also be supported by the employers, by providing resources and assistance.
An employment lawyer advises both employers and employees through the complexities of OHSA and other employment-related legislation. Employment lawyers may work for employers on a variety of issues ranging from offering advice about compliance with the safety regulations, including policy development for the workplace, through to representation of the company in litigation regarding workplace safety.Â
Role of the Government and Enforcement of the OHSA
It is also the role of the government to enforce OHSA and ensure that the workplace also complies with the safety regulation. Every province and territory has an occupational health and safety agency; this deals in performing inspections, investigation of workplace incidents, and performing compliance enforcement with the law.
Government inspectors are invested with the right of entry and inspection as well as issuance of orders on violations of OHSA in the workplace. They are also entitled to issue fines and other available penalties against employers on violations or refusal to comply with safety laws. In cases of severe violations, it may result in prosecution and subsequent legal consequences against the employer. Therefore,
Conclusion
One of the key legislations that relate to workers’ safety and rights in Canada is the Occupational Health and Safety Act. Precisely, understanding and working on the principles of OHSA empowers both employers and employees to contribute toward a safe and healthy workplace. Such collaboration will reduce the rate of workplace accidents and injuries, thereby promoting a culture of safety helpful for all. Application of OHSA is not only a legal requirement but also the base of any responsible and ethical workplace.
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