Small Business, Big Impact: Health and Safety Representative
Summary
TLDROntario’s Health & Safety Act mandates the appointment of a Health & Safety Representative (H&S Rep) in workplaces with 6 to 19 workers where no designated substances are present. Chosen by their peers or the union, H&S Reps conduct monthly workplace inspections, identify hazards, and provide recommendations to the employer, who must respond within 21 days. They play a critical role in reporting serious incidents and are entitled to paid time for their duties. Their role is vital in managing COVID-19-related risks, ensuring the workplace is safe and informed on potential hazards.
Takeaways
- 🏢 Ontario’s Health & Safety Act applies to businesses of all sizes, including smaller ones.
- 👷 Section 8 of the Act mandates the presence of Health & Safety Representatives (H&S Reps) in workplaces with 5 to 20 workers without designated substances.
- 👥 Any non-managerial employee can be a H&S Rep, chosen by their peers or, if a union is present, by the union.
- 🔍 H&S Reps are tasked with conducting monthly inspections to identify workplace hazards and potential health and safety issues.
- 📋 They are not responsible for enforcing safety but are crucial in identifying risks and making recommendations to the employer.
- 🚨 In case of serious incidents like fatalities or critical injuries, H&S Reps inspect the accident site and report to the Ministry.
- ⏰ Employers are obliged to respond in writing to H&S Reps' recommendations within 21 days, detailing action plans or reasons for disagreement.
- 💼 H&S Reps have the right to take time off from their regular duties to perform inspections and must be compensated for this time.
- 📚 The role of H&S Reps is especially critical during the COVID-19 pandemic, requiring them to be well-informed about the virus and its workplace hazards.
- 📈 Employers must ensure that their H&S Reps are educated on COVID-19 to effectively contribute to the workplace's response plan.
Q & A
What does the Ontario Health & Safety Act (OHSA) protect?
-The OHSA protects both big and small businesses, ensuring safety regulations apply to workplaces of all sizes.
What is required under Section 8 of the Occupational Health & Safety Act?
-Under Section 8, workplaces with regularly more than 5 but fewer than 20 workers, and without designated substances, must have a Health & Safety Representative (H&S Rep).
Who can be selected as a Health & Safety Representative?
-Any person who does not exercise managerial functions can be selected as an H&S Rep. They must be chosen by their fellow workers or by the union if one is present.
What are the main responsibilities of a Health & Safety Representative?
-H&S Reps conduct monthly workplace inspections, identify hazards, make recommendations to the employer, and inspect the site of any fatality or critical injury.
What is the role of the employer after receiving recommendations from the Health & Safety Representative?
-Employers must respond in writing to the H&S Rep's recommendations within 21 days, including a timetable for implementation or reasons for disagreement.
Are Health & Safety Representatives responsible for managing or enforcing health and safety?
-No, they are not responsible for managing or enforcing health and safety but play a crucial role in identifying hazards and making recommendations.
What happens if a critical injury or fatality occurs at the workplace?
-The Health & Safety Representative inspects the location of the accident and reports findings to the Ministry, while the employer also reports their findings.
Are Health & Safety Representatives entitled to paid time off for their duties?
-Yes, H&S Reps are entitled to take time away from their regular duties to conduct inspections and are to be paid during that time.
Why is the role of the Health & Safety Representative particularly important during the COVID-19 pandemic?
-Due to COVID-19-specific hazards, H&S Reps play a critical role in ensuring that workplaces are safe and that potential hazards related to the virus are identified and addressed.
How should employers ensure their Health & Safety Representatives are prepared for COVID-19 hazards?
-Employers should ensure that H&S Reps are educated on COVID-19 and its potential impact on the work environment as part of the company’s response plan.
Outlines
🔧 Health & Safety Reps for Small Workplaces
Ontario’s Health & Safety Act mandates that workplaces with 5 to 20 employees, without designated substances, must have Health & Safety Representatives (H&S Reps). These reps, selected by workers (or unions where applicable), are responsible for identifying hazards and recommending corrective actions to employers. They do not manage or enforce health and safety policies but play a crucial role in identifying risks and making recommendations. In case of a critical injury or fatality, the H&S Rep inspects the site and reports findings to the Ministry of Labour. Reps are allowed to take time off to perform inspections, with employers required to respond to their recommendations within 21 days, either by addressing the concern or explaining their disagreement. The H&S Rep's role is especially significant in addressing hazards related to COVID-19.
Mindmap
Keywords
💡Health & Safety Act
💡H&S Reps
💡Occupational Health & Safety Act
💡Workplace Inspections
💡Hazards
💡Injury or Illness
💡Recommendations
💡Corrective Actions
💡Fatality or Critical Injury
💡COVID-19
💡Union
Highlights
Ontario’s Health & Safety Act protects businesses of all sizes.
Section 8 of the Occupational Health & Safety Act mandates H&S Reps in workplaces with 5 to 20 workers without designated substances.
Any non-managerial employee can be a worker health & safety rep.
Health & Safety reps are selected by fellow workers or the union, if present.
Health & Safety reps conduct monthly inspections to identify workplace hazards.
Reps are not responsible for managing health and safety but play a crucial role in identifying potential risks.
Reps make recommendations to employers based on their findings.
Employers are obligated to respond to recommendations within 21 days with a plan or reasons for disagreement.
In case of fatality or critical injury, reps inspect the accident site and report to the Ministry.
Employers must also report their findings in the event of workplace accidents.
Health & Safety reps are entitled to paid time off for conducting inspections.
The role of Health & Safety Rep is critical in the COVID-19 response plan.
H&S Reps should be educated on COVID-19 and potential workplace hazards.
Transcripts
Ontario’s Health & Safety Act protects businesses big and small, and smaller than some might think.
In fact, under Section 8 of the Occupational Health & Safety Act, H&S Reps are required
where the number of workers in a workplace is regularly greater than 5 but less than 20
and there are no designated substances in the workplace.
Any person wo does not exercise managerial function can be a worker health & safety rep.
They must be selected by fellow workers and where there is a union,
the union can make the selection.
Health & Safety reps conduct monthly workplace inspections.
While not responsible to manage or enforce health and safety,
they play a vital role in helping identify hazards
and situations that may contribute to injury or illness.
They then make recommendations on their findings to their employer
who is responsible to follow up and take corrective actions.
In the event of a fatality or critical injury, the rep would inspect the place where the accident occurred
and report the findings to the Ministry. The employer would also report their findings.
Health & Safety reps are entitled to take time from their work duties as necessary
to conduct inspections and are to be paid during that time.
Employers must respond to recommendations in writing within 21 days
with a timetable for implementing the recommendation or
provide reasons why they disagree with the recommendation.
Given the specific hazards directly related to COVID-19,
the role of the Health & Safety Rep is critically important to your response plan.
Make sure your H&S Rep is educated on COVID-19
and the potential for hazards that could impact your work environment.
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