LO 6-7 Outline and describe the legal responsibilities of employees and employers relating to safe working practices

Occupational Safety and Health Regulations

In the United States, Canada, and most countries around the world, legislation is one of the major methods to protect workers from workplace injury or illness. In the United States, the responsible agency is the Occupational Safety and Health Administration (OSHA), an agency of the Department of Labor. In Canada, the equivalent agency is the Canadian Center for Occupational Safety and Health (CCOSH). In the U.S., OSHA regulations cover nearly all private sector workers and some public sector workers.

Public sector workers not covered under OSHA are directly covered under similar state or federal legislation. In Canada, there are 10 provinces and 3 territories, each with their own occupational safety and health standards. There are also differences in the legislation, depending on whether a worker is classified as a federal employee or a provincial employee. The CCOSH is an umbrella agency that brings all the varying regulations together for easy access. Even though there are differences between occupational safety and health regulations, they are very similar. Whether in the U.S. or Canada, the intent of the legislation is to protect the worker from harm.

It is not possible to list all the OSHA and/or CCOSH regulations here, but the purpose of regulations is to define the responsibilities of employers and workers for workplace safety. Some of the more important elements of occupational health and safety legislation include the following employer obligations:

• Provide a safe workplace free from serious and recognizable hazards and comply with standards, rules, and regulations issued under the Occupational and Safety Health (OSH) Act.
• Implement regular mandatory workplace inspections for safety hazards with the purpose of ensuring that the workplace meets minimum applicable safety standards.
• Establish a workplace health and safety committee.
• Provide safety training to inform workers of any known hazards in a language and vocabulary easily understood by workers.
• Prominently display the applicable legislation covering workplace safety.
• Post warning signs and labels to warn employees of potential hazards.
• Establish or update shop operating procedures and communicate them to enable employees to follow safety and health requirements.
• Provide workers with all the required PPE.
• Ensure that employees have and use safe tools and equipment and receive instruction on how to properly use and maintain them.
• Maintain accurate workplace injury or illness records and report serious injuries.
• Provide workplace environmental testing, such as air quality, when required by OSHA standards.
• Provide any medical testing required by OSHA standards.
• Post any OSHA citations and injury/illness records where they are accessible to employees.
• Develop programs to train employees on hazards, if hazardous chemicals are used in the workplace, and what precautions are necessary. Copies of safety data sheets must be easily available to employees.

Regulations that commonly outline employees’ rights and obligations for workplace safety are:

• Employees must comply with all legislated health and safety standards and with the employer’s health and safety rules.
• Employees must report any hazards immediately to their supervisor.
• Employees must report any job-related illness or injury to their supervisor.
• Employees have the right to refuse unsafe work that places an employee in an imminent danger situation, under certain conditions.
• Employees have the right to request a workplace inspection by a government inspector to examine workplace hazards or violations of safety standards.
• Employees have the right to participate in an inspection conducted by a government-appointed safety inspector and to discuss the results with the inspector.
• Employees have the right to receive training and information about hazards, harm reduction methods, and occupational safety standards related to the workplace.
• Employees have the right to receive copies of reports concerning work-related injuries in the workplace.
• Employees have the right to receive copies of any test results performed to measure hazards in the workplace.
• Employees have the right to receive copies of their medical records relating to workplace health surveillance.
• Employees have the right to file a complaint if they have been retaliated against by an employer relating to workplace safety complaints made to a government inspector.

Employee responsibilities under OSHA legislation:

• Wear mandatory PPE required for workplace hazards, such as a hard hat, gloves, clothing, boots, and safety glasses.
• Do not operate equipment in an unsafe way that endangers the worker or others.
• Inform the supervisor or employer about any device or equipment that is defective and could cause injuries.
• Abstain from horseplay and/or games in the workplace.

An employee can be held personally responsible if they do not fulfill their responsibilities.