In spirit, the Occupational Health and Safety Act, on the one hand, promotes the partnership between employers and workers in sharing the responsibility for workplace health and safety; on the other hand, sets out the authority of the Ministry of Labour to enforce the law, once the internal responsibility system fails or malfunctions. The internal responsibility system is made possible by several critical provisions of OHSA. First, workers’ active participation in workplace health and safety is secured as the Act clearly states major rights of the workers in the system. Second, employers and other stakeholders are given the duties to protect the health and safety of workers. Lastly, the Act mandates and authorizes…show more content…
These stakeholders are required to ensure and comply with the measures and procedures set out by the Act. In general, all stakeholders have a general duty of providing a safe workplace by taking necessary and reasonable precautions to identify and resolve workplace health and safety concerns. Also, workers (28.) are required to work safely in accordance with the Act.
Proper enforcement is mandated once the internal responsibility system malfunctions. Inspectors authorized by the Ministry of Labour have power to inspect and investigate any workplace to ensure all stakeholders’ compliance with The Act.
Workplace Safety and Insurance Act
The Workplace Safety and Insurance Act governs the administration of Ontario’s workplace insurance system. It aims at promoting workplace health and safety to minimize workplace injuries, fatalities, and occupational diseases. To this end, it focuses on ensuring the financial sustainability of the workplace health and safety insurance system where revenue covers costs thanks to its efficient administration system. On the other hand, similar to Occupational Health and Safety Act, it also promotes a healthy relationship between each key stakeholder: employers, workers, and partners of the government.
The Sustainability of the Workplace Insurance System
Despite the fact that the Workplace Safety and Insurance Board (WSIB) is only a
Occupational Safety And Health Act (Osha)
Over the years, many states as well as the Federal government have attempted to enact legislation to protect employee physical well-being on the job without much success. State laws governed factory inspections, machine guarding and provided limited provisions for health hazards, but many hazards were left uncontrolled. (MacLaury 1981). The end of a tedious political battle to enact government regulation of workplace hazards was marked by the signing into law the Occupational Safety and Health Act (OSHA) in December 29, 1970.
Occupational Safety and Health Act (OSHA)
The Occupational Safety and Health Act or OSHA states the following: "each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees. Each employer shall comply with the occupational safety and health standards promulgated under this act." (Bennett-Alexander, Hartman 2003 pp 692). Highly publicized accidents in the steel and mining industries shocked the nation and led to the creation of the US Steel Committee in 1908 as well as the US Bureau of Mines in 1910. The US Steel Safety Committee's goal was to reduce the accident rates as much as possible. The committee was a safety first and its success caused it to spill over into other industries and led to the creation of the National Safety Council in 1915 (MacLaury 1981). In 1913, Congress created the Department of Labor and its primary purposes were to improve working conditions in the nation and make unhealthy occupations healthy. Congress called on the Labor Department to report on industrial diseases and accidents (MacLaury 1981).
The threat to employee safety continued to grow into the 1950's and 60's and the Federal government began to take a more active role. The Walsh-Healey Act originally adopted in 1936, was amended in 1960. This Act permitted the Department of Labor to issue its own set of mandatory safety and health standards which applied to a broad range of industries. The new rules were quite unpopular because hearings had not been held prior to their adoption. Labor unions, industry officials and businesses were troubled that they were not consulted prior to the implementation of this act and protested (MacLaury 1981). In response to the on-going protests the department held hearings in 1964. The wave of criticism grew during the hearing which forced the Department of Labor to examine all of its safety programs more closely and develop...
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