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Legal
| Question | Answer |
|---|---|
| Question | Answer |
| What are the two main purposes of the NS Occupational Health and Safety Act? | Prevention of workplace injuries; Provides written standards of legal duties for workplace parties (rights/responsibilities) |
| How does the Act differ from the Regulations? | Act: Enabling legislation outlining rights and responsibilities; Regulations: Detailed descriptions of actual work requirements |
| Why should a company have a proactive safety management system? | Legal reasons; Ethical/Moral reasons; Financial reasons; Company reputation |
| Why is recordkeeping critical in OHS? | Provides written record of OHS activities; Proof of due diligence; Required by law (Section 28) |
| List four duties of an employer under the Act. | Ensure health and safety at/near workplace; Provide and maintain equipment; Provide supervision and training; Identify hazards and cooperate with JOSH |
| Name three Meredith Principles. | No fault compensation; Employer collective liability; Control by independent board |
| What is contributory negligence? | If an employee contributed to their own incident, they were responsible for their injury. |
| Four duties of an employee? | Take reasonable precautions for own and others’ safety; Wear required PPE; Cooperate with JOSH; Comply with Act and regulations |
| When do CSA standards become law? | When referenced in the regulations. |
| When does an employer need a safety program? | When 20 or more employees are regularly employed. |
| What is the Internal Responsibility System (IRS)? | Workplace parties understand and carry out their legal duties internally, self-policing without external enforcement unless necessary. |
| Define due diligence. | Doing everything reasonable to prevent loss due to injury, illness, or damage; level of care expected under circumstances. |
| What is the general duty clause? | All workplace parties have a legal duty to protect health and safety at or near the workplace. |
| Examples of businesses under provincial vs federal OHS legislation? | Provincial: Construction, retail; Federal: National Defense, airports, communications |
| Why might meeting minimum Act requirements not be enough? | Workplaces are dynamic—hazards and processes change. |
| What is strict liability defense? | OHS charges are strict liability offenses; guilty until due diligence is proven. |
| Difference in burden of proof: OHS vs criminal code charge? | OHS: Guilty until due diligence proven; Criminal: Proof of guilt is harder to establish |
| Three steps in 'right to refuse'? | Tell supervisor; Contact JOSH; Contact LSI |
| What does 'WCB Safety Certified' mean? | Accreditation showing company passed audit of health and safety system; required for some government contracts. |
| What does Sec. 20 say about safety advisors? | Information given about safety must be accurate and complete. |
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