ADMN 2906 A - Assignment Three
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ALGOMA UNIVERSITY
OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT
ADMN2906A
Assignment Three – ADMN 2906A 21W
LEGISLATION
The following court cases are actual events that occurred in Ontario resulting in charges and
fines.
Review each carefully and identify what sections of the Occupational Health and Safety
Act or Regulations were violated.
Quote the sections that apply.
Questions:
1.
Define the following from the OHSA (use the definitions in the “green
book”)
Competent Person
A competent person is defined in the OHSA as someone who is qualified because
of knowledge, training and experience to organize the work and its performance,
is familiar with this Act and the regulations that apply to the work, and has
knowledge of any potential or actual danger to health or safety in the workplace.
Construction
construction is defined as including erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, land clearing, earth moving, grading,
excavating, trenching, digging, boring, drilling, blasting or concreting, installing
any machinery or plant, and any work or undertaking in connection with a project
but does not include any work or undertaking in an underground mine.
Constructor
the Act defines “constructor” as “a person who undertakes a project for an owner
and includes an owner who undertakes all or part of a project by himself or by
more than one employer
Employer
An employer is defined as, “a person who employs or contracts for the services of
one or more workers.”
ALGOMA UNIVERSITY
OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT
ADMN2906A
Factory
Factory is defined in the
OHSA
and includes, amongst other workplaces, a
laundry facility, including a laundry facility operated in conjunction with a public
or private hospital.
Industrial Establishment
An office building, factory, arena, shop or office; and any land, buildings and
structures appertaining thereto.
Inspector
OSHA inspectors, called compliance safety and health officers, are experienced,
well-trained industrial hygienists and safety professionals whose goal is to assure
compliance with OSHA requirements and help employers and workers reduce on-
the-job hazards and prevent injuries, illnesses, and deaths in the workplace.
Project
project means a construction project, whether public or private, including,
(a)
the construction of a building, bridge, structure, industrial establishment,
mining plant, shaft, tunnel, caisson, trench, excavation, highway, railway,
street, runway, parking lot, cofferdam, conduit, sewer, watermain, service
connection, telegraph, telephone or electrical cable, pipe line, duct or well, or
any combination thereof,
(b)
the moving of a building or structure, and
(c)
any work or undertaking, or any lands or appurtenances used in connection
with construction
2.
What regulation applies to Industrial Activity?
Occupational Health and Safety Act R.R.O. 1990, REGULATION 851
INDUSTRIAL ESTABLISHMENTS
3.
What regulation applies to Construction Activity?
ALGOMA UNIVERSITY
OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT
ADMN2906A
Occupational Health and Safety Act ONTARIO REGULATION 213/91
CONSTRUCTION PROJECTS
4.
What regulation applies to Mining?
R.R.O. 1990, Reg. 854: MINES AND MINING PLANTS
5.
What regulation applies to Designated Substances?
Occupational Health and Safety Act ONTARIO REGULATION 490/09
DESIGNATED SUBSTANCES
6.
List 3 designated substances?
Arsenic
Asbestos
Benzene
7.
What is a control program (for designated substances)?
A control program is establishing controls to mitigate exposures, such as engineering
controls, work practices, hygiene practices, procedures for monitoring workplace
concentrations, medical examinations as required by the Code of Medical Surveillance,
tests, and record keeping. Use personal protective equipment only as a last resort.
8.
What is in Regulation 1101? (Tell me why this is important)
Regulation 1101 is First Aid Requirements and it is important for providing emergency
care to an injured person and minimizing harm and any fatalities in the near future.
9.
Find the regulation for hazardous materials in the workplace and list it
here.
Each employer must have:
A written, readily accessible safety and health program that identifies, evaluates and
controls safety and health hazards and provides for emergency response.
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ALGOMA UNIVERSITY
OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT
ADMN2906A
A preliminary site evaluation conducted by a qualified person to identify potential site
hazards and to aid in the selection of appropriate employee protection methods.
A site control program to protect employees against hazardous contamination. At a
minimum it must have a site map, site work zones, site communications, safe work practices,
the use of a "buddy system," and identification of the nearest medical aid.
Employee training for everyone working on a hazardous waste site.
Medical surveillance of workers exposed at or above permissible exposure limits for
hazardous substances, conducted (1) at least annually, (2) when a worker moves to a new
worksite, (3) when a worker experiences exposure from unexpected or emergency releases
and (4) at the end of employment.
Other requirements include controls to reduce and monitor exposure levels of hazardous
materials, an informational program describing any exposure during operations and the
inspection of drums and containers prior to removal or opening.
Decontamination procedures and emergency response plans (described under Emergency
Response) must be in place before employees begin working in hazardous waste operations.
Employers must also create safer environments by developing and implementing effective new
technologies.
10.
When did this regulation change?
January 21
st
, 2019.
11.
What does the Construction Regulation say about ladders?
What
are the requirements?
If work must be carried out at height, a work platform should be used. Ladders should be
used to work at heights only as a last resort – when location restrictions prevent the use of
a work platform.
A worker on a ladder must be protected against falling if he/she is working at a height of
3 metres or more.
Defective ladders should be taken out of service and discarded.
12.
What are the duties of the constructor?
ALGOMA UNIVERSITY
OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT
ADMN2906A
ensure that the measures and procedures prescribed by the Act and its regulations are
carried out on the project,
ensure that every employer and every worker performing work on the project complies
with the Act and its regulations,
ensure that the health and safety of workers on the project is protected,
ensure that a health and safety representative or a joint health and safety committee is
selected or established, when and as required,
ensure that the Ministry of Labour is notified of a project, when and as required,
ensure that the Ministry of Labour is notified of an accident or occurrence, when and as
required,
ensure that every contractor or subcontractor receives a list of all designated substances
present at the project before the prospective contractor or subcontractor enters a binding
contract for the supply of work on the project,
ensure that written emergency procedures are established for the project and posted, and
appoint a supervisor for every project at which five or more workers will work at the
same time.
13.
How is Regulation 278/05 different from the Designated Substances
Regulation?
This regulation is not different but the same regulation.
14.
Look up the requirements for Notice of Project:
When do you file this?
It is filed before construction begins of any project meeting any of the
requirements applicable to this section (for example, having a total expected cost
of more than $50,000, or $250,000 if the project is confined to a factory that
manufactures or assembles automobiles).
Who files it?
A signed copy of the completed form, whether done online or on the paper form,
must be posted in a conspicuous place at the project or be available at the project
for review by an inspector.
ALGOMA UNIVERSITY
OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT
ADMN2906A
What has to be on it?
The employer must be on it.
What is the significance of this requirement?
The purpose of the notice is to inform the Ministry of Labour of who is the
constructor (general contractor) on behalf of the owner of the project and the
responsible party to ensure that all
health and safety regulations under The
Occupational Health and Safety Act are being followed on the job site
15.
What is covered in Regulation 859?
This is a regulation that covers window cleaning.
16.
Read the following article:
https://globalnews.ca/news/3996019/toronto-scaffolding-conviction-
upheld/
.
Why was this case significant?
This case is significant because Metron’s project manager Vadim Kazenelson was
jailed with a 3 ½ year sentence for failing to take reasonable steps to avoid a
scaffolding collapse which four men were killed, and one was seriously injured.
List at least two section of the Act or Regulations that were
violated.
Municipal Act 2001.
What is the name of the “Bill” that was used to convict the
employees of Metron?
Bill C-45.
17.
CASE B – Research the OHSA and its Regulations to determine
what would apply here.
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ALGOMA UNIVERSITY
OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT
ADMN2906A
Sheet Metal Contractor Fined $65,000 After Worker Injured
Reg and Son Sheet Metal Inc. of Oakville was fined $65,000 on May 20 for a violation
under the Occupational Health and Safety Act (OHSA) after a worker was injured.
On June 14, 2007, a worker received arm and back injuries after falling through an
opening in the roof of a construction project at 3001 Richelieu St., Clarence-Rockland.
The worker was gathering roofing materials with a wheelbarrow, stepped backwards
through an opening and fell about six metres.
A Ministry of Labour investigation found that Reg and Son Sheet Metal Inc. did not
cover openings it made in the roof the previous day. The company knew workers would
be on the roof the next day.
Reg and Son Sheet Metal Inc. pleaded guilty to failing to protect the worker from falling
through the opening with either a guardrail system or a protective covering.
The fine was imposed by Justice of the Peace Basile V. Marchand. In addition to the
fine, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial
Offences Act. The surcharge is credited to a special provincial government fund to
assist victims of crime.
Questions:
What legislation and/or regulation is in non-compliance?
Ontario Regulation 213/91, Section 26.3(2)
CASE D
Furfari Paving Co. Ltd. Fined $110,000 After Worker Killed
Brampton, Ont. - Furfari Paving Co. Ltd., a Toronto-based company, was fined $110,000
on July 13, 2010, for a violation of the Occupational Health and Safety Act after a
worker was killed.
On July 30, 2008, two workers employed by Furfari were operating an asphalt road
milling machine, otherwise known as a "grinder," to remove the top layer of asphalt from
a section of Dixie Rd. between Eglinton Ave. and Matheson Blvd. in Mississauga.
Other machines were in use nearby, including a pavement cutter operated by a third
worker, who was cutting and sealing cracks in the wake of the grinder.
The two workers finished removing the top layer of asphalt and operated the grinder in
reverse. When they stopped, they saw that the third worker had been caught
underneath the grinder and crushed.
Ministry of Labour investigators found that the driver of the grinder had an obstructed
view while using the controls, and that the operators of the grinder were not assisted by
a signaller.
ALGOMA UNIVERSITY
OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT
ADMN2906A
Furfari Paving Co. Ltd. pleaded guilty to failing to ensure that the operator of a vehicle
was assisted by a signaller when his or her view of the path of travel was obstructed.
The fines were imposed by Justice of the Peace Michael Barnes. In addition to the fine,
the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial
Offences Act. The surcharge is credited to a special provincial government fund to
assist victims of crime.
Questions:
What legislation and/or regulation is in non-compliance?
Ontario Regulation 213, Section 104(3)