2.5 Summary
Summary
This chapter outlined the legal framework the state has enacted to prevent and compensate work-related injuries. To fully appreciate how injury prevention and compensation laws operate we have to be prepared to understand both the technical requirements of the laws and the political economy of their enforcement.
Canadian governments have made employers and workers jointly responsible for OHS via the IRS. In addition to OHS laws, governments have passed other legislation that makes workplaces safer, including fire and building codes and hazardous materials and environment protection regulations. It is essential that every employer understand the occupational health and safety legislation that applies to their workplace(s) and implements the essential components of a safety program including training, hazard identification, incident investigation and controls.
Check Your Knowledge
Image Credit: Photo by Skitterphoto is licensed under Pixabay License
Discussion Questions
- What are the occupational health and safety (OHS) rights and obligations of workers and employers?
- How does the internal responsibility system (IRS) operate? What challenges does the IRS face?
- How effective are state OHS enforcement efforts? What might states do to make enforcement more effective?
Exercise
Go online and find your jurisdiction’s rules around the workers’ right to refuse. Write a 500-word answer to the following questions:
- Explain the circumstances in which workers can refuse unsafe work or the tests applied to determine if work is unsafe.
- Outline the process by which workers refuse unsafe work.
- Explain what an employer must do when faced with a worker refusal.
- Identify the consequences if an employer coerces an employee to perform unsafe work.
- If you were a worker, why might you be reluctant to refuse unsafe work?