Crsp Exam

Front 1

what is question one

Back 1

this is answer one

Front 2

what is questioned to

Back 2

this question to

Front 3

what is question three

Back 3

this question three

Front 4

what is question for

Back 4

this answer for

Front 5

what is questioned five

Back 5

this is answer five

Front 6

What is OHS?

Back 6

Occupational Health and Safety (Canada)

Front 7

What does the OHS statutes consist of?

Back 7

Act, Regulation and Code

Front 8

What is the purpose of the OHS Act, Regulation and Code?

Back 8

To set out the minimum requirements for workplace health and safety

Front 9

What was Bill C-45?

Back 9

Bill C-45 was federal legislation that amended the Canadian Criminal Code and became law on March 31, 2004. The Bill established new legal duties for workplace health and safety, and imposed serious penalties for violations that result in injuries or death. The Bill provided new rules for attributing criminal liability to organizations, including corporations, their representatives and those who direct the work of others. .

Front 10

What sections of the Canadian Criminal Code did Bill C-45 add?

Back 10

Bill C-45 added Section 217.1 to the Criminal Code which reads:

"217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task."
Bill C-45 also added Sections 22.1 and 22.2 to the Criminal Code imposing criminal liability on organizations and its representatives for negligence (22.1) and other offences (22.2).

Front 11

Why was Bill C-45 (Section 217.1 in the Canadian Criminal Code) created?

Back 11

Bill C-45, also known as the "Westray Bill", was created as a result of the 1992 Westray coal mining disaster in Nova Scotia where 26 miners were killed after methane gas ignited causing an explosion. Despite serious safety concerns raised by employees, union officials and government inspectors at the time, the company instituted few changes. Eventually, the disaster occurred.

After the accident the police and provincial government failed to secure a conviction against the company or three of its managers. A Royal Commission of Inquiry was established to investigate the disaster. In 1998, the Royal Commission made 74 recommendations. The findings of this commission (in particular recommendation 73) were the movement that led to Bill C-45.

Front 12

What are the main provisions of Section 217.1 in the Criminal Code?

Back 12

Section 217.1 in the Criminal Code creates rules for establishing criminal liability to organizations for the acts of their representatives.
Establishes a legal duty for all persons "directing the work of others" to take reasonable steps to ensure the safety of workers and the public.
Sets out the factors that courts must consider when sentencing an organization.

Front 13

Who is responsible for enforcing occupational health and safety laws?

Back 13

Depending on your jurisdiction, the Ministry (or Department) of Labour or Workers' Compensation Board (WCB) enforces OH&S laws. Across Canada each province, territory and the federal government are responsible for enforcing their own individual set of occupational health and safety laws. Each jurisdiction employs inspectors who visit workplaces to ensure companies are complying with their OH&S rules. In the unfortunate event of a serious accident, these inspectors conduct an investigation and determine if a charge should be laid under the appropriate section(s) of the OH&S act or regulation. An accused individual or company may then need to appear in court where a fine or other penalty could be imposed if they are convicted. The police are not normally involved in this process.

Front 14

What occupational health and safety agency covers my workplace?

Back 14

There are fourteen jurisdictions in Canada - one federal, ten provincial and three territorial each having its own occupational health and safety legislation. For most people in Canada, the agency that you would contact is the provincial or territorial agency in the area where you work. There are some exceptions to this. Federal legislation covers employees of the federal government and Crown agencies and corporations across Canada.

Front 15

Who is covered under the jurisdiction of the federal government in Canada?

Back 15

airports;
banks;
canals;
exploration and development of petroleum on lands subject to federal jurisdiction;
ferries, tunnels and bridges;
grain elevators licensed by the Canadian Grain Commission, and certain feed mills and feed warehouses, flour mills and grain seed cleaning plants;
highway transport;
pipelines;
radio and television broadcasting and cable systems;
railways;
shipping and shipping services; and
telephone and telegraph systems.
Approximately 10% of the Canadian workforce falls under the OH&S jurisdiction of the federal government. The remaining 90% of Canadian workers fall under the legislation of the province or territory where they work.

Front 16

Who is covered by provincial and territorial jurisdictions?

Back 16

In each province or territory, there is an act (typically called the Occupational Health and Safety Act or something similar) which applies to most workplaces in that region. The Act usually applies to all workplaces except private homes where work is done by the owner, occupant, or servants. Generally, it does not apply to farming operations unless made to do so by a specific regulation. The legislation should be consulted to find out who is or is not covered.

At the provincial and territorial level, the name of the government department responsible for OH&S varies with each jurisdiction. Usually it is called a ministry or department of labour. In some jurisdictions, it is a workers' compensation board or commission that has the responsibility for occupational health and safety. Each provincial or territorial department is responsible for the administration and enforcement of its occupational health and safety act and regulations.