OHS Legal Compliance Analysis in Jims Farm - Case Study Example

OHS Legal Compliance Report Name Institution Date Executive summary The OHS act in Ontario Canada was established in 1979. However, no farming operations were covered by the act until June 30, 2006. Currently, the OHS act applies to all farming activities that have paid workers, albeit with some exceptions and limitations. The act is pivotal in protecting the workers from health and safety hazards while on the job (Bohle & Quinlan, 2000). This report aims to evaluate the compliance of the OHS act in Jim’s farm, which is located in Ontario, Canada. The 500-acre estate deals in corn farming and dairy keeping and it is run by Jim, who is assisted by his family in carrying out the farm operations. Jim’s farm has employed seven salaried workers who help in the operation and maintenance of equipment and machinery. This paper seeks to review and ascertain whether Jim’s farm has a policy framework that aims at affirming good health as well as the safety of workers employed at the farm. The OHS act encompasses several aspects that pertain to farming operations. Key among them is workplace partnership. Employers and workers have to share the responsibility for occupational health and safety. This internal responsibility system concept is founded on the principle that the parties at the workplace are in the best position of identifying health along with issues affiliated to safety, and come up with solutions. Everyone, from the worker to the employer, is involved in the internal responsibility system. The effective functioning of the system is dependent on the complete, unaltered chain of accountability and responsibility for health and safety (CCH Canadian Limited, 2006). Introduction Most provisions of the OHS act are intended at fostering the internal responsibility system. The OHS act in Ontario applies to all farms with paid workers with some limitations and exceptions. The act does not apply to self- employed farmers characterized by no paid workers. In this respect, Jim's farm is expected to adhere with the relevant occupational health as well as safety provisions that apply to farming activities since there are seven workers employed at the farm. The act has a provision on the significance of worker health and safety representatives and the joint health and safety committee with respect to monitoring the internal responsibility system (Johnstone, 2003). Although the workers at Jim’s farm do not have a joint committee or a representative body, there are several provisions of the OHS act that concerns them. Ontario OHS general legal framework The OHS act has key provisions regarding the right of workers. The act provides for basic rights to workers in order to balance the employer's general right to direct the workforce and the control of the production processes at the workplace. One of the rights featured in the provisions is the right to participate. Workers duly have the right to participate in the process of identifying and solving workplace health and safety concerns (Bluff et al, 2004). This right can be expressed by the workers through the membership of the worker health and safety representatives or the joint health and safety committee. The act also has portions regarding the right of workers to know. Workers have the right to know about the probable hazards that they may be exposed to at the place of work. This means that the workers have the right to be trained and receive information on machinery, working conditions, equipment, procedure and hazardous substances. Additionally, the workers have the right to refuse work. Workers can refuse work that they deem to be dangerous to either their safety and health or that of their fellow worker (Johnstone, 2003). The act defines the process of refusing hazardous working environment and the responsibilities of the employer when responding to the refusal. The OHS act also gives the employees the right to stop work. In some circumstances, the members of a joint health and safety committee who are qualified have the right to stop work that they consider dangerous to any other worker. The act outlines the particular circumstances and how the right to stop work can be expressed. The OHS act of Ontario describes the duties of the employers and other persons. The act imposes obligations on those who have any form of control over the workplace, the equipment and materials at the workplace and the direction of the workers (Johnstone, 2003). Employers have a general duty of taking all the reasonable measures in order to protect the safety and health of workers. Moreover, the employer has many other specific responsibilities. For instance, there are requirements that specifically relate to providing instructions and information to employees to protect their health and safety, and ensuring that proper maintenance of equipment. In addition, the employer has a duty to notify the ministry of labor about workplace fatalities and serious injuries (Bohle & Quinlan, 2000). On their part, workers are required to work safely in adherence to the legislation. In case the internal responsibility system fails to sufficiently address the health and safety concerns in farming operations, or the act and the regulations are not conformed to, the labor ministry has the authority to enforce the law. Inspectors have the powers to inspect the workplace, order adherence with the act and regulations, and inspect any potentially hazardous situations and work refusal. The inspectors also have the authority to initiate prosecutions. Workers, supervisors and employers are required to assist and cooperate with the inspectors. OHS laws and guidance materials are applicable in Jim’s farm The act applies whenever there are paid workers on the farm, although it might be only for a short period. The owner of the farm has all the responsibility applicable under the act. Although Jim’s children work in the farm during their summer holidays, the ministry of labor would not consider them as workers for the purpose of OHS act. This is because the children are not paid wages or salaries for their work. Jim and his wife are self-employed, and they draw salaries from the returns made by the farm. However, the OHS act wouldn’t apply to them since the ministry considers them self-employed. Therefore, they act would not be applicable to them just because the farm is incorporated, and the owners draws a salary. Jim’s farm is has an obligation to comply with the OHS act as an employer. This is because an employer is required to inform, instruct and supervise workers in order to protect their health and safety. In addition, the employer is expected to assist in case of emergency by providing any required information, including confidential business information to a qualified medical officer who requests the information (Bohle & Quinlan, 2000). Such information can be used for the purpose of treating or diagnosing any person. In addition, Jim’s farm is required to post a copy of the OHS act at the workplace so that the workers can have access to the information. Explanatory materials that have been prepared by the ministry of labor should also be made available to the workers so that they can be enlightened about their rights, responsibilities and duties. Employers who have employed more than five employees are required to prepare a written occupational health and safety policy that should be revised every year and set up a program to execute the policy. Therefore, Jim’s farm is required come up with an occupational health and safety policy and posts it at the workplace where it can be most accessible to workers within the farm. Jim’s farm has not yet fully complied with this requirement since the farm owner was not that it was a requirement for farm with a relatively small number of workers. Concerning toxic substances at the workplace, Jim’s farm is obligated to take all the reasonable precautions under the circumstances to protect workers. Toxic substances may be chemical, biological or physical agent whose use or presence in the workplace might put in danger health along with the safety of the workers (CCH Canadian Limited, 2006). When handling toxic pesticides and other farm chemicals, workers at Jim’s farm must be provided with information, supervision and instructions in order to ensure their health and safety is protected. This farm is complaint with this specific provision of the act since the workers at are properly instructed how to handle toxic farm chemicals and pesticides. In case of illness, injury or fatality at the workplace, the employer has a duty to inform the relevant people. If a worker, unpaid family member or a visitor has been critically injured or killed within the farm, the employer must promptly notify an inspector from the ministry of labor office or the health and safety representative (CCH Canadian Limited, 2006). Where there is an occupational illness, the worker should inform a regional director of the ministry of labor. An occupational illness is defined in the act as a disease or condition that that is triggered by factors linked associated with the workplace. It includes an occupational disease for which an employee is entitled to benefits under the workplace safety an insurance act. The employer's notice has to be communicated in writing. The duty of the employer to notify applies to both current and former employees (Johnstone, 2003). Workers at the farm also have several general duties under the OHS act. They must be responsible for their safety and health at the place of work as much as they can. The workers at Jim’s farm need are required to wear or use protective clothing, equipment and other protective devices. Additionally, the employees have a responsibility to report to the employer about any defective or missing protective device or equipment that may pose a danger to any worker. The workers at the farm also need to report any workplace hazard to the employer. More importantly, workers are prohibited from operating or using any equipment or conduct themselves in a way that would put in danger other workers within the farm (Bluff et al, 2004). Importance of OHS compliance Compliance with the OHS act is essential for any business or enterprise not only for risk management benefits but also for compliance with the rules and regulations governing safety at the workplace. Compliance of Jim’s farm with the OHS acts provides several risk management benefits. For instance, workers at the firm have heightened awareness of risks within their working environment. The risk within the farm is identified, controlled and assessed in accordance with the legislative requirements of the OHS act. Jim’s farm can be able to reduce the severity of accidents and thus reduce the suffering and pain of workers. Proper compliance with the act can also lead to a reduction in the incidents and severity of worker's compensation claims, thus reducing cost incurred by the farm (CCH Canadian Limited, 2006). Good occupational health management information systems can help Jim’s farm indicate illness or injury trends within the farm, thus giving the management an opportunity to implement prevention action that is targeted at those trends. The failure of a business entity or an enterprise that is covered by the OHS act to adhere with the act can lead to legal consequences. This may involve the prosecutions of persons who are found guilty of violating the act (Canadian Centre for Occupational Health and Safety, 2003). In the determination of whether such a person should or should not be prosecuted, factors such as the seriousness of the offence or whether there have been ignored order or repeated contraventions. In addition to prosecution, the suspension, revocation or cancellation of authorization may apply whereby the farm is found not to be compliant with the OHS act. When decisions regarding revocations are made, it is with the paramount need to protect the safety and health of workers and other persons. Conclusions The approach to work and safety is clearly underpinned by the OHS act, which is part of the commonwealth, state and territory governments’ agreement to harmonize laws pertaining to work health and safety. The Ontario occupational protection act not only ensures the consistent protection of workers, but also provides numerous benefits to any form of businesses that complies with the act, key among these being risk management and control. The OHS acts sets out principles that are endorsed by the ministry of labor regarding the monitoring and enforcement with the work health and safety act regulations. Recommendations Jim, who represents the highest level of management at the farm, should institute a clear and a concise occupational health and safety policy that sates the commitment of the farm to support the health as well as safety program for the protection of employees within the farm (Bohle & Quinlan, 2000). A clear line of accountability should be established at Jim's farm in order to address health and safety concerns and enhance working relationships among the workers and the management. In addition to preparing a healthy and safety policy, Jim should have a program in place to facilitate the implementation of that policy. The program should be founded on the hazards encountered within the farm. It should include elements such as worker training, health and safety budget, workplace inspection and a formal means of communication that can promptly address worker's concerns (CCH Canadian Limited, 2006). References Bluff, E., Gunningham, N., & Johnstone, R. (2004). OHS regulation for a changing world of work. Annandale, N.S.W: Federation Press. Bohle, P., & Quinlan, M. (2000). Managing occupational health and safety: A multidisciplinary approach. South Yarra, Vic: Macmillan. CCH Canadian Limited. (January 01, 2006). Canadian master labour guide: A guide to Canadian labour law. Johnstone, R. (2003). Occupational health and safety, courts and crime: The legal construction of occupational health and safety offences in Victoria. Sydney: Federation Press. Canadian Centre for Occupational Health and Safety. (2003). OHS legislation and WHMIS: OHS legislation in Canada. Hamilton: Canadian Centre for Occupational Health and Safety. Read More