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Canada Occupational Health and Safety Regulations

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Canada Occupational Health and Safety Regulations
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Canada Occupational Health and Safety Regulations 1986
CitationOccupational Health and Safety Regulations (SOR/86-304)
Territorial extentCanada
Considered byParliament of Canada
Enacted byBill McKnight, Minister of Labour
Date enactedMarch 13, 1986
Repealing legislation
The Canada Accident Investigation and Reporting Regulations
The Canada Boiler and Pressure Vessel Regulations
The Canada Building Safety Regulations
Related legislation
Canada Labour Standards Regulations
Status: Current legislation

The Canada Occupational Health and Safety Regulations, as amended, is the Canada Statuary Instrument[1] that outlines the general rights and responsibilities of employers, supervisors and worker through the Occupational Health and Safety Act. These regulations made under the Occupational Health and Safety Act define the application and enforcement of the Act.[2]

The Regulations were created to mandate employers to prevent the occurrence of accidents, injuries and illnesses by promoting the establishment and maintenance of healthy and safe work conditions for employees through training programs, committees, monitoring, reporting, audits, evaluations, and corrective measures.[3]

This is significant because it revoked and replaced 15 other regulations including:[4]

  • The Canada Accident Investigation and Reporting Regulations
  • The Canada Boiler and Pressure Vessel Regulations
  • The Canada Building Safety Regulations
  • The Canada Confined Spaces Regulations
  • The Canada Dangerous Substances Regulations
  • The Canada Electrical Safety Regulations
  • The Canada Elevating Devices Regulations
  • The Canada Fire Safety Regulations
  • The Canada First-Aid Regulations
  • The Canada Hand Tools Regulations
  • The Canada Machine Guarding Regulations
  • The Canada Materials Handling Regulations
  • The Canada Motor Vehicle Operators Hours of Service Regulations
  • The Canada Noise Control Regulations
  • The Canada Protective Clothing and Equipment Regulations
  • The Canada Safe Illumination Regulations
  • The Canada Sanitation Regulations

History[edit]

At the dawn of industrialization in Canada, print workers worked 10 or more hours a day in Toronto.[5] On April 15, 1872, 10,000 labour worker supporters went on strike at a time when union activity was a criminal offense. The Toronto Globe publisher, George Brown, had the entire strike committee arrested for criminal conspiracy. Workers along with many community members protested in support of those arrested.[6] On April 18, 1872, Prime Minister John A. MacDonald legalized and protected unions under the Trade Union Act of 1872.[7]

The Industrial Disputes Investigation Act of 1907[8] was established to enforce compulsory investigation of labour disputes, prohibition of work stoppages, and a requirement for compromise. This did not stop industrial leaders from avoiding union demands as unions grew larger and massive strikes were held.[9]

Still, industrialization allowed employers in Canada to take advantage of workers, providing them with little to no safety and no job security. Unions would form, building cooperation among workers as they announced strikes and sabotaged work facilities. This lead to the development of the Conciliation Act[10], creating the Canadian Department of Labour where the promotion of fair wages, settling labour disputes, and promoting proper work conditions under the protection of the Government.

On August 2, 1918, the Vancouver General Strike was the first labour strike in Canadian history. On May 15, 1919, Canada's largest workers strike(the Winnipeg general strike), saw 30,000 workers from the public and private sectors walked off their jobs.

Government work camps were established during the Great Depression from 1929 to 1939 for young unemployed men. Workers in Vancouver, after striking for 2 months, traveled on rail and by foot to Ottawa to protests low wages (On-to-Ottawa Trek). Prime Minister MacKenzie King abolished these Conservative government constructed work camps, resulting in the adoption of unemployment insurance in 1940.[11]

In 1964, the Industrial Safety Act was passed as a result of five Italian immigrant workers dying of carbon monoxide poisoning and suffocation building the Hoggs Hollow tunnel in Toronto in March 1960.[12] This act was the foundation of the Canadian Labour Safety Code. In 1967, the Canada Labour(Safety) code assented into government. The code protects industries where the federal government has jurisdiction including First Nations reserves, Territories, Crown Corporations, broadcasting, telecommunications, postal service, airports, air transportation, shipping, and navigation. It is also used to promote the provisions of personal protective equipment, clothing, devices or materials that will ensure the health and safety of its employees.

In 1972, Saskatchewan took this further, passing its own Occupational Health Act.[13]

Violations[edit]

Part II of the Canada Labour Code defines criminal offences under the Labour Code as the willful breach of health and safety standards when the person in breach knows the seriousness of injury or death is likely.[14] These offences, unlike those in the Criminal Code, do not require that someone actually to be hurt. Many work safety related offenses are criminal offences under the Canadian Criminal Code such as negligence causing death or bodily harm.

The law allows the provinces to determine the seriousness of the offense.

Offences under the Canada Labour Code can lead to imprisonment. Maximum financial penalties for offences under the regulation range from $100,000 to $1,000,000.[15]

Workers Compensation[edit]

Workers compensation is provided by provincial workers compensation boards., where compensation claims are filed under the Government Employees Compensation Act. The payment of benefits occurs according to the rates and conditions provided by each provinces compensation acts.[16]

Main Affiliated Regulations[edit]

  • Canada Labour Standards Regulations[17]

Other Affiliated Safety Regulations[edit]

  • Canada Oil and Gas Drilling and Production Regulations[18]
  • Canada Oil and Gas Installations Regulations[19]
  • Consumer Chemicals and Containers Regulations, 2001[20]
  • Alberta Occupational Health and Safety Code[21]
  • Transportation of Dangerous Goods Regulations[22]
  • Hazardous Products Regulations[23]
  • Standards Referenced in Canadian Regulations for the Hoisting and Rigging Industry[24]
  • Hull Construction Regulations[25]
  • Vessel Pollution and Dangerous Chemicals Regulations[26]
  • Radiation-Related Regulations in Canada[27]
  • BC Occupational Health and Safety Fall Protection Regulations[28]
  • Safety and Health Committees and Representatives Regulations[29]
  • Canadian Hearing Protection Regulations[30]
  • Confined Space Regulations by Canadian Province[31]
  • Occupational radiation exposure and radiation regulations[32]

References[edit]

  1. Branch, Legislative Services (2015-06-18). "Consolidated federal laws of canada, Statutory Instruments Act". laws-lois.justice.gc.ca. Retrieved 2020-05-15.
  2. Government of Ontario, Ministry of Labour. "The Occupational Health and Safety Act: FAQs | Ministry of Labour". www.labour.gov.on.ca. Retrieved 2020-05-15.
  3. Government of Canada, Canadian Centre for Occupational Health and Safety (2020-05-14). "Basic OH&S Program Elements : OSH Answers". www.ccohs.ca. Retrieved 2020-05-15.
  4. Branch, Legislative Services (2019-06-25). "Consolidated federal laws of canada, Canada Occupational Health and Safety Regulations". laws-lois.justice.gc.ca. Retrieved 2020-05-15.
  5. Finkelstein, David (2018-06-21). Movable Types: Roving Creative Printers of the Victorian World. Oxford University Press. ISBN 978-0-19-256047-6. Search this book on Amazon.com Logo.png
  6. "History of Labour in Canada". Canadian Labour Congress. Retrieved 2020-05-15.
  7. "1872: The fight for a shorter work-week". Canadian Labour Congress. Retrieved 2020-05-15.
  8. Marks, Marcus M. (1912). "The Canadian Industrial Disputes Act". The Annals of the American Academy of Political and Social Science. 44: 1–9. doi:10.1177/000271621204400102. ISSN 0002-7162. JSTOR 1012115.
  9. "Labour Relations | The Canadian Encyclopedia". www.thecanadianencyclopedia.ca. Retrieved 2020-05-15.
  10. Marks, Marcus M. (1912). "The Canadian Industrial Disputes Act". The Annals of the American Academy of Political and Social Science. 44: 1–9. doi:10.1177/000271621204400102. ISSN 0002-7162. JSTOR 1012115.
  11. "The birth of Unemployment Insurance". Canadian Labour Congress. Retrieved 2020-05-15.
  12. "The History of the Occupational Health and Safety Act". Windsor Occupational Health Information Service. Retrieved 2020-05-15.
  13. "Achieving safer workplaces in Canada | Canadian Public Health Association". www.cpha.ca. Retrieved 2020-05-15.
  14. Branch, Legislative Services (2020-03-25). "Consolidated federal laws of canada, Canada Labour Code". laws-lois.justice.gc.ca. Retrieved 2020-05-15.
  15. Canada, Employment and Social Development (2015-07-28). "Summary of part 2 of the Canada Labour Code". aem. Retrieved 2020-05-15.
  16. Government of Canada, Canadian Centre for Occupational Health and Safety (2020-05-14). "Provincial Workers' Compensation Boards in Canada : OSH Answers". www.ccohs.ca. Retrieved 2020-05-15.
  17. Branch, Legislative Services (2019-09-01). "Consolidated federal laws of Canada, Canada Labour Standards Regulations". laws-lois.justice.gc.ca. Retrieved 2020-05-15.
  18. Branch, Legislative Services (2009-12-31). "Consolidated federal laws of canada, Canada Oil and Gas Drilling and Production Regulations". laws-lois.justice.gc.ca. Retrieved 2020-05-15.
  19. Branch, Legislative Services (2009-12-31). "Consolidated federal laws of canada, Canada Oil and Gas Installations Regulations". laws-lois.justice.gc.ca. Retrieved 2020-05-15.
  20. Branch, Legislative Services (2019-12-19). "Consolidated federal laws of canada, Consumer Chemicals and Containers Regulations, 2001". laws-lois.justice.gc.ca. Retrieved 2020-05-15.
  21. Alberta, Government of (2018-05-30). "Occupational Health and Safety Code and OHS Code Explanation Guide". www.qp.alberta.ca. Retrieved 2020-05-15.
  22. Branch, Legislative Services (2020-02-19). "Consolidated federal laws of canada, Transportation of Dangerous Goods Regulations". laws-lois.justice.gc.ca. Retrieved 2020-05-15.
  23. Branch, Legislative Services (2020-03-18). "Consolidated federal laws of canada, Hazardous Products Regulations". laws-lois.justice.gc.ca. Retrieved 2020-05-15.
  24. Standards Referenced in Canadian Regulations for the Hoisting and Rigging Industry. Ottawa, ON, Canada: Stands Council of Canada. 2014. Search this book on Amazon.com Logo.png
  25. Branch, Legislative Services (2017-02-03). "Consolidated federal laws of canada, Hull Construction Regulations". laws-lois.justice.gc.ca. Retrieved 2020-05-15.
  26. Branch, Legislative Services (2017-12-19). "Consolidated federal laws of canada, Vessel Pollution and Dangerous Chemicals Regulations". laws-lois.justice.gc.ca. Retrieved 2020-05-15.
  27. "Radiation-Related Regulations in Canada". Radiation Safety Institute of Canada. Retrieved 2020-05-15.
  28. "OHS Regulation Part 11: Fall Protection". www.worksafebc.com. WorkSafeBC. Retrieved 2020-05-15. Unknown parameter |url-status= ignored (help)
  29. Branch, Legislative Services (2015-06-19). "Consolidated federal laws of canada, Safety and Health Committees and Representatives Regulations". laws-lois.justice.gc.ca. Retrieved 2020-05-15.
  30. Branch, Legislative Services (2019-06-25). "Consolidated federal laws of Canada, Canada Occupational Health and Safety Regulations, PART VII: Levels of Sound". laws-lois.justice.gc.ca. Retrieved 2020-05-22. Unknown parameter |url-status= ignored (help)
  31. "Confined Space Regulations by the Province ::". Raven Rescue. Retrieved 2020-05-15.
  32. Canada, Health (2020-04-21). "Occupational radiation exposure and radiation regulations". aem. Retrieved 2020-05-15.

See Also[edit]

  • Occupational Health and Safety
  • Canadian Centre for Occupational Health and Safety
  • Occupational Safety and Health Administration

External links[edit]

Canadian Centre for Occupational Health and Safety


Category:1986 establishments in Canada Category:Canadian law Category:Regulation_in_Canada


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