Free CRST Canadian OHS Legislation and Due Diligence Questions and Answers — Questions and Answers
Question 1: In Canadian OHS legislation, the 'Internal Responsibility System' (IRS) is founded on the principle that:
- The government is primarily responsible for inspecting and ensuring workplace safety.
- Employers and workers should collaborate to identify and resolve health and safety issues. (Correct answer)
- A third-party safety consultant must approve all safety procedures.
- Workers are solely responsible for their own personal safety.
Correct answer: Employers and workers should collaborate to identify and resolve health and safety issues.
The IRS is the cornerstone of Canadian OHS law, based on the philosophy that everyone in the workplace, from the CEO to the newest worker, shares responsibility for health and safety. It promotes collaboration between employers and employees to identify and resolve safety issues internally. It is not about government control or a specific reporting structure.
Question 2: To establish a defense of 'due diligence' following a workplace incident, an employer must demonstrate that they:
- Followed the minimum requirements of the OHS regulations exactly.
- Had a lower incident rate than the industry average.
- Took every precaution reasonable in the circumstances to prevent the incident. (Correct answer)
- Purchased the best available insurance policy for workplace injuries.
Correct answer: Took every precaution reasonable in the circumstances to prevent the incident.
Due diligence is a legal defense that requires an employer to prove they took every precaution reasonable in the circumstances to protect the health and safety of workers. This involves having a robust safety program, identifying hazards, implementing controls, and ensuring the system is functioning. It is about proactive, reasonable care, not perfection.
Question 3: Which of the following is one of the three fundamental rights granted to workers under most Canadian OHS legislation?
- The right to refuse unsafe work. (Correct answer)
- The right to annual salary increases.
- The right to choose their own shift schedule.
- The right to approve all company safety policies.
Correct answer: The right to refuse unsafe work.
The three core, or fundamental, rights of workers across Canada are the right to know about workplace hazards, the right to participate in safety decisions (often through a JHSC), and the right to refuse work they have reasonable grounds to believe is unsafe. The right to refuse is a critical component that empowers workers to protect themselves from imminent danger.
Question 4: What is the primary function of a Joint Health and Safety Committee (JHSC)?
- To manage the company's workers' compensation claims.
- To discipline workers who violate safety rules.
- To act as an advisory body that identifies hazards and recommends controls. (Correct answer)
- To purchase and distribute all personal protective equipment.
Correct answer: To act as an advisory body that identifies hazards and recommends controls.
A JHSC is an advisory body composed of both worker and management representatives. Its main role is to be a collaborative forum for identifying hazards, discussing safety concerns, and making recommendations to the employer for improving the health and safety program. It does not typically have enforcement or disciplinary powers.
Question 5: Section 217.1 of the Criminal Code of Canada (also known as the 'Westray Bill') is significant because it:
- Mandates the creation of a JHSC in all federally regulated workplaces.
- Establishes a legal duty for organizations to protect worker safety and allows for criminal charges. (Correct answer)
- Sets the maximum allowable fines for provincial OHS violations.
- Outlines the specific training requirements for WHMIS 2015.
Correct answer: Establishes a legal duty for organizations to protect worker safety and allows for criminal charges.
The Westray Bill was a major amendment to the Criminal Code of Canada that established a legal duty for all persons directing work to take reasonable steps to prevent bodily harm. This made it possible to lay criminal negligence charges against organizations, including corporations, and their representatives for serious safety lapses that result in injury or death.
Question 6: WHMIS 2015 is a comprehensive system designed to provide information on what type of workplace hazards?
- Ergonomic hazards from manual material handling.
- Electrical hazards from ungrounded equipment.
- Fall hazards when working at heights.
- Hazardous products (controlled products/chemicals). (Correct answer)
Correct answer: Hazardous products (controlled products/chemicals).
The Workplace Hazardous Materials Information System (WHMIS) is Canada's national standard for communicating hazards associated with chemical products used in the workplace. It achieves this through product classification, standardized labels, Safety Data Sheets (SDSs), and worker education and training programs. It does not cover hazards like machine guarding or ergonomics.
Free CRST Canadian OHS Legislation and Due Diligence Questions and Answers
In Canadian OHS legislation, the 'Internal Responsibility System' (IRS) is founded on the principle that: