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Step 1: Read the scenarios below and find the most appropriate section in the Occupational Health & Safety Act of Ontario or the WHMIS Regulations

Step 1:

  1. Read the scenarios below and find the most appropriate section in the Occupational Health & Safety Act of Ontario or the WHMIS Regulations (no other legislation) for all six scenarios.
  2. When you find the section that best suits the contravention in the scenario, state the section, sub section, and clause, what Act or Regulation it was found in. (i.e., 25(2)(h) of the Occupational Health & Safety Act).
  3. If you do not include all components, you will lose marks.
  4. Be sure to select one section, sub section and clause. (Some may not have a clause but if it does be sure to include which clause you selected.) (If you select more than one, I mark you on the first one identified in your answer.)
  5. You may find various sections that might apply and that is normal; however, choose what you think is the most appropriate section.
  6. Quote the wording from the section that you selected. (Just the section, subsection, and clause that you selected.)
  7. You can discuss the other sections in the answer as well; however, ensure that you highlight one section as your main answer.

Step 2:

  1. Describe the intention of the section in detail.This means what is the main objective of the section.

You should have the guides to the Occupational Health & Safety Act and WHMIS Regulations however if you want copies of the Act and WHMIS regulations, you can download from the Ministry of Labour website at:

Occupational Health & Safety Act

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90o01_e.htm

WHMISRegulations

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900860_e.htm

Scenarios:

1) Ye is a machine operator at an automobile assembly plant. The machine keeps jamming up and due to the safety interlocks, he needs to shut the machine down every time. He decides to tape down the safety interlock switch so that he can open the machine door without shutting down the machine. What section was contravened? What is the intent of the section?

2) Beyonce is a mechanic in an automobile dealership. The service department supervisor, Jay-Z, asks Beyonce to bring a customer's car into the garage to be looked at. The supervisor fails to tell Beyonce that the brakes aren't working properly and that is why it is in the shop. As Beyonce is driving the car into the shop she can't stop and pins another worker to the work bench breaking both his legs. What section was contravened? What is the intent of the section?

3)Kim is a new lawyer working at Northwest Legal Services. She is told by her employer that she must always wear high heel shoes while in the workplace.Kim is tasked with moving all the old case files from the File Room to the upstairs storage area. As she is bringing the boxes of files up the stairs she trips on the stairs and falls breaking her arm in two places. What section was contravened? What is the intent of the section?

4)A young worker, Drake, has been working as a cashier part-time at a local grocery store. Drake shows up to work one day is immediately told to get on the forklift and move some product from a trailer into the warehouse as the shipper/receiver called in sick. Drake has never operated a forklift before, but he figured how hard could it be. He has seen them use it and it looks easy. Drake attempts to move the product but losses control and goes off the end of the dock. Post tries to jump out of the forklift however the forklift lands on him.He succumbs to his injuries. What section was contravened? What is the intent of the section?

5)A young worker, Shreya, just started a new summer job as a lifeguard at the local outdoor swimming pool. First day on the job Shreya is told by the employer to get some Chlorine and add it to the main distribution tank. Shreya adds Muriatic Acid instead of the Chlorine and poisonous Chloramine gas is generated. Shreya is overcome by the poisonous fumes and is just able to get to the pool area before she collapses and is helped by coworkers and taken to the hospital. What section was contravened? What is the intent of the section? HINT - Chemicals are involved?

6)Snoop is a new worker at a cannabis production and distribution facility with 120 workers. Snoop has some health & safety issues in the workplace however is uncomfortable to bring the issues up with the manager because he is still on probation and doesn't want to rock the boat. There is nowhere else in the workplace for Snoop to report these issues.What section was contravened? What is the intent of the section?

Hints:

- None of the answers are 25(2)(h) or 27(2)(c) or 43, 44, or 45 of the Occupational Health & Safety Act. That would be too easy.

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