What is the difference between a legal requirement and a best practice?
- Legal requirement: Compulsory
- Best practice: Optional, exceeds legal requirements
A best practice is a voluntarily-implemented standard that goes beyond what is legally required.
What are standards and codes in occupational health and safety legislation?
- Standards: Documents specifying nationally or internationally agreed properties
- Codes: Set of rules on any subject
Standards and codes provide specialized information that becomes law when included in health and safety legislation.
What is a statute?
A written law passed by a legislative body
Statutes are part of the legal framework governing occupational health and safety.
What is a regulation?
A rule or directive made and maintained by an authority
Regulations are often detailed rules that enforce statutes.
What is legislation?
The process of making laws; a law or series of laws
Legislation is essential for establishing legal requirements in occupational health and safety.
Define compliance.
The act or instance of complying; obedience to a request or command
Compliance is crucial in occupational health and safety to ensure adherence to laws and regulations.
What is the historic compromise in occupational health and safety?
Foundation of workers’ compensation insurance systems: workers give up the right to sue employers for damages in exchange for a no-fault compensation system
This compromise is fundamental to the relationship between workers and employers regarding workplace injuries.
What is the difference between a sector-specific requirement and an activity-specific requirement in OH&S law?
- Sector-specific requirement: Designed for a specific sector of the economy
- Activity-specific requirement: Applies to all workplaces engaging in that activity
Examples will vary; e.g., underground mines (sector-specific) vs. mobile equipment use (activity-specific).
What is a prescriptive requirement in OH&S law?
Describes what and how something must be done
An example is a regulation specifying the disposal method for biohazardous materials.
What is a performance-based requirement in OH&S law?
Sets a goal without specifying how it must be achieved
An example is requiring hazardous materials to be disposed of in a manner that poses no risk of infection.
What forms of defense can a person use when facing charges under OH&S law?
- Abuse of process
- Officially induced error
- Due diligence
Due diligence is the only defense discussed in this course.
What are the two branches of the due diligence defense?
- Mistaken fact: Accused reasonably believed in facts rendering the act innocent
- Classic due diligence: Accused took all reasonable steps to avoid the event
These branches help establish a defense against noncompliance.
Define classic due diligence as it applies to health and safety law.
Defense against prosecution; evidence must show all reasonable steps were taken to avoid the event
This defense is crucial for individuals accused of violating health and safety laws.
Can the defense of due diligence be used in a case of criminal negligence under the Criminal Code of Canada?
No
Criminal negligence presumes that the accused’s actions were negligent, making due diligence inapplicable.
