Thursday, September 3, 2009

Workplace Safety Hazards

Canada has a very long history of workers struggling for their rights and it is actually stupid not to use the results of their struggle. The employee is guarded by a number of employment laws and Acts that aim to prevent injuries and provide benefits to people who were injured. For example the Canadian Workplace Safety and Insurance Act S.O. 1997, c. 16, Sch. A., (also known as 'Worker's Compensation') regulates the no-fault plan that provides benefits for the people injured in the workplace, when there is no side to cover the compensation. The Occupational Health and Safety Act covers the standards of workplace safety, investigations and punishment of the safety breach. And the Criminal Code has laws that can be used to sue person who is responsible for the injury or accident. So as you see a worker in Canada is very well protected.

Safety of workplaces itself is governed by the Occupational Health and Safety Act, R.S.O. 1990, c. O-1. This act obligates Canadian employers to keep the workplaces safe. It ensures that all required equipment and protective devices are provided and properly maintained; that required safety and emergency procedures are in place and followed; that equipment and materials are properly used; and that workers receive sufficient information, instruction, training (additional training) and supervision to carry out their jobs safely. From the other side it also obliges the workers not to operate any equipment in a manner that is unsafe, not to operate the devices without prescribed safety wear for example. The act also states that ant worker in Canada can refuse to work with dangerous materials or do a dangerous work. The fact of refusal must be immediately reported and the cause of danger must

The Canadian Workplace Safety and Insurance Act guarantees compensation to all workers injured during the working process, but it still has a number of conditions and limitations. First the status of the worker. The act covers only a worker who is under a contract of employment; independent contractors, self-employed workers, or workers whose employment is on a casual basis are generally not insured by the Act. The compensation is available for injuries suffered instantly or gained during the course of employment (chronic pain, environment-related diseases). It is important to remember that stress is not covered under this Act. The worker must submit the claim 6 months of an accident and it is also very important to be careful with the medical documents and bills, they will be required in case of a trial, that falls within the jurisdiction of the Board.

The Criminal Code secures the rights of the injured worker after the accident occurred, it guarantees the fact that the person who is responsible for the accident will be brought to justice. It also has an additional effect: it lays additional responsibility on the person who has the authority to direct how work is performed, so the person is interested in keeping the work process secure and avoid any accidents.

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