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  • Essay / Occupational Health and Safety Act (OSHA) - 806

    OverviewIn spirit, the Occupational Health and Safety Act, on the one hand, promotes partnership between employers and workers in sharing responsibility for health and safety at work; on the other hand, it defines the power of the Ministry of Labor to apply the law in the event of failure or dysfunction of the internal responsibility system. The internal responsibility system is made possible by several essential provisions of the LSST. First, the active participation of workers in occupational health and safety is ensured since the law clearly sets out the main rights of workers in the system. Second, employers and other stakeholders have a duty to protect the health and safety of workers. Finally, the Act mandates and authorizes representatives or committees to inspect and make recommendations on potential hazards in the workplace; these representatives or committees help to alleviate the initial inequality in bargaining power between workers and employers. Workers' rightsWorkers have the right to actively participate in health and safety at work. As individuals, workers have the right to refuse to work in unsafe working conditions or in a workplace tainted by violence (43.). Through worker health and safety representatives or committees, workers have the right to identify and resolve occupational health and safety problems, and they even have the right to stop work in serious circumstances, when they consider that working conditions are dangerous for workers (45. ). Additionally, workers have the right to be informed of any workplace injuries or deaths (51. (1)) as well as any hazardous materials they are asked to handle (43.). Obligations of employers and others. The obligations of employers and other persons are prescribed by law. This includes building... middle of paper ......establishing positive relationships between stakeholders. The WSIB Board of Directors has the authority to administer its operating and capital budgets (159. (2)(C)) and to hire employees (159. (3)). Such powers ensure the proper functioning of the Commission to actively intervene and supervise health and safety at work. Furthermore, the law aims to achieve a balance between the rights of employers and those of workers. On the one hand, employers have a duty to cooperate in return-to-work cases by providing suitable employment once the injured worker has recovered (40.(1), while workers are also required to cooperate in matters such that maintaining communication with employers after the injury is over. In the event of a dispute, the WSIB Commission has the right to determine whether a worker is physically able to perform the essential duties of their job, while the employer. has the duty to take adaptation measures based on the worker's condition..