2 Responsibilities and Rights
The Internal Responsibility System[1]
- Safety is a shared responsibility — all parties have responsibilities
- We are responsible for ourselves and for our co-workers
- The party with the greatest degree of control (authority and ability) has the most responsibility
It’s the employer’s responsibility to ensure that employees are adequately protected from fall hazards. This includes ensuring that employees are made aware of hazards, policies and procedures, and that they are trained and familiar with the proper use of safety equipment. Employers must ensure that appropriate equipment is available and that it is used where the hazard of falling exists.
Employees have rights, and they have responsibilities, too. They’re expected to help identify and report hazards, are responsible to use or wear the protective equipment and devices, and to follow the safe work procedures that are required by law and by their employer.
Competent Person
The Nova Scotia Occupational Safety General Regulations[2] define a competent person as a person who is:
- qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and
- knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;
Your Four Rights as an Employee
Right to KNOW
Employees have the right to be told about workplace hazards and other safety issues, and how to protect themselves.
Right (and Responsibility) to PARTICIPATE
Employees have the right to participate in safety through a Safety Rep or a Joint Occupational Health and Safety Committee member.
Employees also have the responsibility to take every reasonable precaution to ensure their health and safety and that of others in the workplace. This includes:
- Reporting hazards to a supervisor as soon as the hazard is noticed, and to report to the Joint Occupational Health and Safety Committee (JOHSC) or employee elected Health and Safety Representative if the hazard is not corrected.
- Wearing/using safety equipment and using safety procedures, and
- Co-operating with the JOHSC or employee elected Health and Safety Rep.
Right to Refuse Unsafe Work
Employees have the right to refuse where they have reasonable grounds for believing that the act is likely to endanger their health or safety or the health or safety of any other person (NS) or employee (federal). See section 43 of the NS OH&S Act, and section 128(1) of the Canada Labour Code Pt. II. for details.
Right to Make a Complaint or Grievance
Employees have the right to make a complaint with the appropriate NS or Federal authority or to file a grievance if there are grounds for believing that there has been an unfair treatment of a safety issue.
Offences and Penalties
- NS: $500,000 and/or 2 years
- Federal: $1,000,000 and/or 2 years