Small Business, Big Impact: Health and Safety Representative

Workplace Safety & Prevention Services

30 Sept 202002:49

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

00:00

🔧 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

The Health & Safety Act is a legislative framework designed to protect the well-being of workers in Ontario. It sets out the responsibilities of both employers and employees to maintain a safe and healthy work environment. In the context of the video, this Act is crucial as it mandates the presence of Health & Safety Representatives (H&S Reps) in workplaces with specific worker counts and conditions, emphasizing the legal foundation for their role.

💡H&S Reps

Health & Safety Representatives, or H&S Reps, are individuals designated to ensure that workplace health and safety standards are upheld. They are required under Section 8 of the Occupational Health & Safety Act for workplaces with a regular workforce between 5 and 20 people without designated substances. H&S Reps are integral to the video's theme as they are the focus of the discussion on workplace safety responsibilities and actions.

💡Occupational Health & Safety Act

The Occupational Health & Safety Act is a specific legal statute that governs the health and safety conditions in workplaces. It is mentioned in the script as the authority under which H&S Reps are appointed and outlines their duties. This Act is central to the video's narrative as it provides the regulatory backdrop for the establishment and functioning of H&S Reps.

💡Workplace Inspections

Workplace inspections refer to the systematic examination of a work environment to identify potential hazards and ensure compliance with health and safety regulations. In the video, H&S Reps are tasked with conducting monthly inspections, which is a key component of their role in maintaining a safe workplace and is directly related to the video's message on proactive safety measures.

💡Hazards

A hazard is a potential source of harm or risk in a workplace. The video emphasizes the role of H&S Reps in identifying such hazards during their inspections. Hazards can range from physical dangers like unstable equipment to chemical exposures, and understanding them is essential for the video's theme of preventing workplace injuries and illnesses.

💡Injury or Illness

Injury or illness in the workplace is a negative outcome that can result from exposure to hazards. The video highlights the importance of H&S Reps in preventing such occurrences by identifying and addressing potential risks. This concept is central to the video's message on the importance of health and safety in the workplace.

💡Recommendations

Recommendations in the context of the video refer to the suggestions made by H&S Reps to their employers based on their findings during inspections. These recommendations are a critical part of the process to improve workplace safety and are directly tied to the video's theme of proactive health and safety management.

💡Corrective Actions

Corrective actions are the steps taken by employers to address the issues identified by H&S Reps. The video mentions that employers are responsible for following up on recommendations and implementing these actions. This concept is integral to the video's narrative as it showcases the employer's role in maintaining a safe work environment.

💡Fatality or Critical Injury

A fatality or critical injury represents a severe incident in the workplace that results in death or significant harm to an employee. The video discusses the specific responsibilities of H&S Reps in such scenarios, including inspecting the accident site and reporting findings, which underscores the video's focus on the gravity of workplace safety.

💡COVID-19

COVID-19 is a specific hazard mentioned in the video that has direct implications for workplace health and safety. The pandemic has introduced new risks and challenges, and the video emphasizes the importance of educating H&S Reps about COVID-19 to ensure they can effectively respond to the unique hazards it presents.

💡Union

A union is an organization that represents the collective interests of workers and negotiates employment contracts and working conditions. In the video, unions are mentioned as entities that can select H&S Reps in workplaces where they exist, highlighting the collaborative aspect of workplace safety and the role of unions in the process.

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.