Unit 6 - Applying the Human Rights Code

Question 1

What are the 3 core rights of the Occupation Health & Safety Act?

Answer 1

1. The right to participate in the health and safety process
2. The right to refuse unsafe work/the right to stop work
3. The right to know about potential hazards in the workplace

Question 2

The Westray Law

Answer 2

The Westray Law effectively imposed a legal duty on, not only individuals, but also organizations who direct the work of others. Under the amendments, such organizations and individuals must take all reasonable steps to prevent bodily harm to workers.

Occupational health and safety concerns and workplace incidents are no longer merely a regulatory matter, but can also have substantial criminal implications.

Question 3

Pay Equity Plan

Answer 3

The purpose of pay equity plans is to achieve pay equity between male- and female-dominated jobs. Only covers compensation issues. Cases/complaints addressed through the Ontario’s Pay Equity Hearings Tribunal.

Applies to provincially-regulated employers in Ontario with 100 or more employees.

Provincial Legislation

Question 4

Employment Equity

Answer 4

Employment equity issues are resolved by looking at general employment practices, such as hiring or training opportunities, and are more commonly addressed through the Human Rights Tribunal of Ontario.

Aims to improve job opportunities for four groups:
•	Women
•	Visible minorities
•	People with disabilities
•	Aboriginal Peoples

Federal Legislation

Question 5

A complainant may file a human rights application against the following parties:

Answer 5

• The employer,
• The agent of the employer, or
• Another employee.

Question 6

Poisoned Work Environment

Answer 6

Workplaces can become poisoned environments when comments or actions based on any of the protected grounds listed in the Code make a person feel uncomfortable or unwelcome in the working environment.

Question 7

R. v. Metron Construction Corporation.

Answer 7

Concerns the deaths of four workers and another who was seriously injured when a stage collapsed. An investigation revealed that six employees were working on a swing stage designed for no more than two persons at a time.

Outlines the seriousness of confirming to the OHSA & potential criminal liability for employers who fail to maintain a safe work environment.