Health and Safety: A Worker’s Guide to the Occupational
Health and Safety Act
Introduction
By Lisa McCaskell, Senior Health
and Safety Officer
The Occupational Health and Safety
Act which became law in 1979 has gone through many revisions in the last 30
years. The most recent substantive change was made in 2009 with the passage of
Bill 168, which addresses the hazards of workplace violence and harassment. This amendment comes into force in mid-June 2010 and paves the way for
labour to insist that employers finally take effective steps to protect workers
against workplace violence and harassment.
The Guide provides you with basic
information and interpretation of the Act. It answers questions about your
rights and your employer’s legal obligations. References to the relevant
articles of the Act are highlighted after each section. There is also a section
on health and safety case law, which although quite old, still provides you with
some of the major rulings on various appeals and reprisal complaints that
further clarify the application of the Act.
The protections of health and
safety law do not come automatically. Change does not come about when the
experts release a report or the government changes the law. Positive changes
come only when workers and their union demand safe and healthy workplaces and
refuse to be poisoned and maimed on the job. Only your dedicated efforts can
make sure that the law is enforced to protect the health and safety of workers.
That’s why you need to learn your
rights outlined in this book and actively participate as a health and safety
representative or on a joint health and safety committee in your workplace. In
turn—your efforts to improve health and safety in Ontario workplaces show
employers, policy makers, and governments that safe workplaces are a priority,
and that Ontario laws need to be strengthened—not weakened, to protect the lives
of Ontario workers. Your union is committed to help—this Guide has been prepared
to assist workers in these efforts.
April, 2010
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A Worker’s Guide
to the
Occupational Health and Safety Act
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