Camping In Ontario Update Newsletter June 2019 March 2013 | Page 8

CAMPING IN ONTARIO UPDATE | 8

Ministry of Labour Initiatives for 2013
Safety Rights, Responsibilities and Roles for Workers, Supervisors and Employers
Note: In 2013, the Ontario Ministry of Labour will be visiting workplaces in Ontario looking to see that employers, supervisors and workers
are knowledgeable about the rights, roles and responsibilities that they
all play in the workplace when it comes to occupational health and safety. The inspectors will be interacting with members of all of these groups
to ensure that this has been done. It is not only prudent for employers to
do the training, but it is even more so to document it in order to be able to
prove that due diligence has been done. The article below discusses briefly
what the expectations of the MOL will be.
Everyone in a workplace has rights, responsibilities and a role to
play when it comes to the safety of workers. Whether you are a worker, supervisor or employer, there are certain things you not only need
to be aware of according to the Occupational Health and Safety Act of
Ontario, but there is an active part you are expected to play in the daily
operations in the workplace when it comes to health and safety.
All workers must be made aware of their right to refuse to perform
a task that they feel is unsafe for them to do. The reasons for this may
vary and could include the fact that they simply don’t feel comfortable
doing a task they have not been properly trained to do, the task maybe
outside of their skill set or they could even feel their own personal safety is threatened from working with a co-worker who has been bullying them. These rights can be found under section 43 of the OHS Act.
Workers also have responsibilities and duties to perform when it
comes to their own safety and even the safety of those they work with.
Section 28 of the OHS Act has two parts that clearly define what those
duties are and also what role the worker is to play. In the first section it
says that the worker will abide by OHS Act and the safety rules established by the employer; use or wear the protective devices the employer
requires them to wear, utilize the safety training that has been provided
to them and report any defective equipment and/or safety hazards that
they find in the workplace.
The second part of Section 28 says that the worker shall not remove
or tamper with safety devices or protection, operate equipment or
devices in a way that may endanger themselves, a co-worker or anyone
nearby and they shall not act in a way that could also endanger themselves or anyone else.
Section 32 of the OHS Act explains about workplace violence and
harassment and all workers must be knowledgeable of this information and be thoroughly trained on these topics. All training has to be
documented in order to prove due diligence has been done and yearly
refresher training on these topics is a good idea.
Workers also play a role when it comes to maintaining a safety culture
in the workplace. Experienced workers should set an example for new
and younger workers by making sure that they follow safety rules, identify and correct safety hazards and watch over inexperienced workers.
The role of new and young workers is to follow the safety rules, use
the safety training they have received, feel empowered to report safety

hazards and to ask any safety-related question at any time. They too
should actively participate in their employer’s safety program and even
be willing to add to it when they have a good safety suggestion.
Supervisors in the workplace have similar obligations as the workers do only that they could be expected to do the training of the workers, teach them how to work safely, make them aware of any potential
safety hazards and to be knowledgeable of the OHS Act and the safety programs that the employer has put in place. The supervisor is also
responsible for observing the workers to ensure they are following the
safety protocols needed to safely operate any equipment and that they
are wearing the personal protective equipment required to be worn,
depending on the task being performed.
The supervisor should have weekly safety talks with their workers
and discuss any pertinent safety issues. This is an excellent forum for
workers to bring up safety concerns so they can be addressed. Serious
safety concerns should be brought forward immediately and be welcomed by the supervisor and the employer. Any safety hazards that can
be corrected by the supervisor should be done so right away. Those that
cannot be corrected immediately should be brought to the attention of
the employer so they can make the necessary arrangements to eliminate the safety hazards.
The duties of employers are defined in sections 25 and 26 of the
OHS Act of Ontario. There is a significant list and all employers should
review them carefully. The main function of the employer is to provide a safe workplace and working environment for their workers. The
equipment must be in good working condition and any safety hazards
in the workplace need to be identified, brought to the attention of the
supervisors and workers and then corrected. Any personal protective
equipment that is required to be worn by the workers should be CSA
approved with the workers trained on how to wear it properly.
This year, Ministry of Labour inspectors will be visiting recreational facilities looking to see that employers have fulfilled the duties
described in sections 25 and 26 and also that they have done the training for workplace violence and harassment and have implemented the
programs as described in section 32 of the OHS Act. Inspectors will be
paying special attention to the topics of seeing that all workers are aware
of their safety rights and duties as a worker.
Inspectors will also be checking on whether or not any supervisors
working for the employer have been trained to be “competent persons”
as defined by the OHS Act. Supervisors should know their roles and
responsibilities in regards to safety in the workplace and actively promote health and safety to their workers. This is important as inspectors
will interact directly with the supervisors and also the workers to ensure
that the safety programs, knowledge and training are in place. Failure to
do so will lead to orders being written and even fines being levied.
Having the safety programs required in place, doing the training
needed for the workers and supervisors is critical! Documenting it is