Know Your Province’s OHS Laws to Protect Workers ─ Essential Information from OHS Insider
Introduction:
The term “worker” encompasses various individuals who engage in different types of work arrangements. According to the Workers Comp Act, a worker can be categorized as follows: (a) someone who works under a contract of service or apprenticeship, regardless of the contract’s form, whether written or oral, and whether involving manual labor or not; (b) a learner who is not under a contract of service or apprenticeship, but is exposed to the hazards of a specific industry for training or probationary purposes specified by the employer before employment; (c) a firefighter; (d) a person engaged in mine rescue training, rescue operations, or as a member of an inspection committee appointed or elected by workers in the mine; (e) an independent operator designated by the Board under section 4(2)(a); and (f) any individual recognized as a worker by the Board under section 6(2).
Full Article: Know Your Province’s OHS Laws to Protect Workers ─ Essential Information from OHS Insider
Understanding the Definition of a “Worker” under the Workers Comp Act
Have you ever wondered who is considered a “worker” under the Workers Comp Act? The Act provides a comprehensive definition of a worker, which includes various individuals involved in different types of work. Let’s delve into the different categories that fall under the definition:
1. Contract Workers
A “worker” is defined as a person who enters into or works under a contract of service or apprenticeship. This includes individuals who have a written or oral contract, whether it is express or implied. The nature of the work, whether manual labor or otherwise, does not matter.
2. Learners and Trainees
In addition to contract workers, the definition of a worker also encompasses learners not under a contract of service or apprenticeship. If a person undergoes training or probationary work specified by the employer as a preliminary step towards employment and is exposed to the hazards of the industry, they are considered a worker.
3. Firefighters
A firefighter is also included within the definition of a worker under the Workers Comp Act. Their line of work involves inherent risks, and they are therefore covered by the compensation provisions.
4. Mining Industry
When it comes to the mining industry, the definition of a worker expands further. It includes:
a) Mine Rescue Workers in Training
A person is considered a worker while actually engaged in training or instruction in mine rescue work. The employer must provide direction or grant written approval for the training. During this period, the person is covered by the compensation provisions, regardless of whether they are receiving wages.
b) Rescuers and Protectors
If a person engages in rescuing or protecting life or property during an explosion or accident in a mine, they are considered a worker. This applies even if they are not entitled to wages at that time or are acting as a volunteer.
c) Inspection Committee Members
A person who serves as a member of the inspection committee appointed or elected by workers in the mine to inspect the mine on their behalf is also defined as a worker. Their role is crucial in ensuring safety standards.
5. Independent Operators
Under certain circumstances, independent operators can be considered workers as well. If the Workers Comp Board directs their inclusion under section 4(2)(a), they are entitled to the benefits provided by the Act.
6. Designated Workers
Finally, the Workers Comp Board has the power to deem a person a worker under section 6(2) of the Act. This allows for flexibility in considering individuals who may not fall directly into the categories mentioned above.
The Workers Comp Act provides a detailed definition of what constitutes a “worker.” By understanding this definition, both employers and employees can better comprehend their rights and entitlements under the Act’s compensation provisions.
Summary: Know Your Province’s OHS Laws to Protect Workers ─ Essential Information from OHS Insider
According to the Workers Comp Act, a “worker” is defined as a person who works under a contract of service or apprenticeship, whether written or oral, and whether through manual labor or otherwise. This includes learners undergoing training, firefighters, individuals engaged in mine rescue work or inspection, and independent operators. The Board also has the authority to deem someone as a worker under specific circumstances. This summary provides a comprehensive understanding of who is considered a worker under the Workers Comp Act, ensuring compliance with regulations and providing clarity for individuals within various industries.
Frequently Asked Questions:
Which “Workers” OHS Laws Protect – Know the Laws of Your Province – OHS Insider
Q: What does OHS stand for and what is its purpose?
A: OHS stands for Occupational Health and Safety. Its purpose is to protect workers from workplace hazards, prevent injuries and illnesses, and promote safe and healthy working conditions.
Q: Who is covered by OHS laws?
A: OHS laws cover all workers, including employees, contractors, and self-employed individuals. It applies regardless of the industry or sector in which the work takes place.
Q: Are there any exemptions to OHS laws?
A: While OHS laws generally apply to all workers, there may be specific exemptions based on certain criteria or industries. It is essential to check the specific laws and regulations of your province to determine any exemptions that may apply.
Q: What are the main rights provided to workers under OHS laws?
A: Workers have the right to a safe and healthy work environment, the right to be informed about potential workplace hazards, the right to participate in health and safety programs, and the right to refuse unsafe work without fear of reprisal.
Q: What are the responsibilities of employers under OHS laws?
A: Employers have a duty to ensure the health and safety of their workers by providing a safe work environment, conducting risk assessments, implementing hazard controls, providing training and education, and complying with OHS regulations and standards.
Q: How can workers familiarize themselves with OHS laws in their province?
A: Workers can access OHS laws and regulations specific to their province through government websites or resources such as the OHS Insider. It is crucial for workers to educate themselves about their rights and responsibilities to ensure a safe and healthy workplace.
Q: What are some common hazards addressed by OHS laws?
A: OHS laws address various hazards, including but not limited to, physical hazards (e.g., machinery, noise), chemical hazards (e.g., hazardous substances), biological hazards (e.g., infectious diseases), ergonomic hazards (e.g., lifting heavy objects), and psychosocial hazards (e.g., workplace bullying).
Q: What should workers do if they believe their employer is not complying with OHS laws?
A: Workers should first report their concerns to their supervisor or employer. If the issue remains unresolved, they can escalate the matter to the appropriate government authorities responsible for enforcing OHS laws. Workers should never hesitate to speak up about safety concerns.
Q: Are there penalties for non-compliance with OHS laws?
A: Yes, there are penalties for non-compliance with OHS laws, which may include fines, penalties, and even legal action. The severity of the consequences depends on the nature and extent of the violation.
Q: Can workers request OHS inspections of their workplace?
A: Yes, workers have the right to request OHS inspections of their workplace if they believe there are hazards or violations of OHS laws. The relevant government authority will then conduct an inspection to assess the situation and ensure compliance.
