9.2 Rights and Responsibilities

While workplace safety is the responsibility of everyone in the organization, HR professionals play a key role in developing standards, ensuring Occupational Healthy and Safety (OHS) laws are followed, and tracking workplace accidents. Health and safety is an important component of any Human Resource Management (HRM) strategic plan.

Rules and Regulations

Occupational health and safety legislation consists of rights and responsibilities. Let us look at the foundation of health and safety, the internal responsibility system, and explore the topic of due diligence. In addition, we will take a closer look at the rights and responsibilities of employers, employees, supervisors and joint health and safety committees.

The Internal Responsibility System (IRS)

Canadian OHS is based upon the internal responsibility system (IRS). The IRS assumes that workers and employers have a shared responsibility for workplace health and safety. Employers are obligated to take steps to ensure that workplaces are as safe as reasonably practicable.^[1] Employers are also required to advise workers of hazards and to require workers to use mandated safety equipment. The decision by governments to give employers the power to determine how to address workplace hazards bolsters employers’ broader management rights to control and direct work.

It can be difficult for employers to know when they have met their duty to make work as safe as reasonably practicable. Meeting the reasonably practicable standard means taking precautions “that are not only possible but that are also suitable or rational, given the particular situation” (Government of Canada, Labour Program, 1993).  The generally accepted test is that of due diligence.

Due Diligence

Due diligence is taking reasonable precautions and steps to prevent injury, given the circumstances. It is assessed using a three-part test:

1. Foreseeability: Reasonable employers are expected to know about the hazards of their business. Injuries that arise from events that other operators in the industry expect might occur are foreseeable events.
2. Preventability: Reasonable employers are expected to take steps to prevent injury. The normal steps include identifying hazards, preparing and enforcing safe working procedures, training and monitoring worker safety, and ensuring compliance with safety procedures. Injuries that arise because an employer did not take these steps are preventable injuries.
3. Control: Reasonable employers are expected to take action on hazards that they can control. Injuries that arise from such hazards suggest the employer failed to control these hazards (LeBlanc, n.d.).

Employers who have taken the steps to address the hazards within their control to prevent foreseeable injuries have exercised their due diligence. This matters for two reasons. First, due diligence prevents injuries by controlling hazards. Second, if an injury occurs, employers who have completed the steps can use this due diligence as a defence to avoid penalties under OHS legislation.

Three Rights of the Worker

To offset the power of employers under the IRS, governments have granted workers three safety rights:

1. Right to know: Workers have a right to know about the hazards they face in their workplace. While many hazards are readily apparent, chemical and biological hazards may not be. The right to know has given rise to systems such as the Workplace Hazardous Materials Information System discussed below, which provides workers with information about hazards materials and their safe handling.
2. Right to participate: Workers have the right to participate in workplace health and safety activities. Participation most often occurs through joint health and safety committees (JHSCs) but can be through other means.
3. Right to refuse: Workers have the right to refuse unsafe work. The right to refuse represents one of the few instances where workers can disobey their employer. A refusal requires employers to investigate and remedy unsafe work. Although the right to refuse sounds like a powerful right, it is one workers rarely use.

Employer Responsibilities

Employers have specific responsibilities when it comes to health and safety legislation. In Ontario, for example, some of the employer responsibilities include:

• Establish and maintain a health and safety committee , or cause workers to select at least one health and safety representative.
• Take every reasonable precaution to ensure the workplace is safe.
• Train employees about any potential hazards and in how to safely use, handle, store and dispose of hazardous substances and how to handle emergencies.
• Make sure workers know how to use and handle the equipment safely and properly.
• Make sure workers use any necessary personal protective equipment.
• Immediately report all critical injuries to the government department responsible for OH&S.
• Appoint a competent supervisor who sets the standards for performance, and who ensures safe working conditions are always observed.

Employee Responsibilities

There exists a misperception that only the employer has responsibilities under occupational health and safety legislation. Employees, however, have specific responsibilities under the law. Some of the employee responsibilities under the Occupational Health and Safety Act include:

• Work in compliance with OH&S acts and regulations.
• Use personal protective equipment and clothing as directed by the employer.
• Report workplace hazards and dangers to the supervisor or employer.
• Work in a safe manner as required by the employer and use the prescribed safety equipment.
• Tell the supervisor or employer about any missing or defective equipment or protective device that may be dangerous.

Supervisor/Manager Responsibilities

Individuals with titles such as supervisor or manager have specific responsibilities under occupational health and safety legislation. In Ontario, for example, supervisors and managers are to:

• Make sure workers work in compliance with OH&S acts and regulations.
• Make sure that workers use prescribed protective equipment and/or devices.
• Advise workers of potential and actual hazards.
• Provide workers with written instructions as to the measures and procedures to be taken for protection of the worker.
• Take every reasonable precaution in the circumstances for the protection of workers.

(Canadian Centre for Occupational Health and Safety, n.d.)

COVID-19 and its Implications on Occupational Health and Safety

In the beginning of the COVID-19 pandemic it became clear that there was a lack of awareness of the safety measures necessary to protect individuals. The situation at a Quebec nursing home demonstrated the importance of understanding the risks in order to keep the workplace safe.

“10.2 Rights and Responsibilities” from Human Resources for Operations Managers by Connie Palmer is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.