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Course Description

This four-day course addresses the occupational health and safety law and regulations in Atlantic Canada and of the federal jurisdictions. Using Nova Scotia's Occupational Health & Safety Act as the main focus, the course will review the main concepts or themes running through the Act and Nova Scotia's regulations. The comparable legislation from the other Atlantic Provinces, and the federal jurisdiction, will be compared and contrasted throughout the course.

This is a required course in the Certificate in Occupational Health & Safety Management.

Who Should Attend

The course will be of value to Health and Safety professionals, Employers and Managers, Labour representatives, Human Resource Managers, WCB personnel, and Occupational Health Nurses and Lawyers.

Benefits to Participants

You will learn:

  • How to read Occupational Health & Safety legislation
  • The definitions within the legislation and when they apply
  • Both subtantive and procedural aspects of Occupational Health and Safety law
  • OH&S Prosecutions and Defence issues and the role of the appeal process

Objectives

To provide participants with a good understanding of occupational health & safety legislation and regulations applicable in Atlantic Canada and the federal jurisdiction. Upon completion of the course, participants should be significantly more comfortable in their use and understanding of the legislation and how it may apply in any given situation.

Course Outline

Day 1 - registration/check-in will start at 8:00 a.m. with sessions to begin at 8:30 a.m. and adjourn at 4:00 p.m. Days 2-4 will commence at 8:30 a.m. and adjourn at 4:00 p.m. There will be 15 minute mid-morning and afternoon breaks. A light lunch is included. Evaluation includes a take-home quiz provided to students at the end of Day 3, to be returned at the start of Day 4.

Day 1

8:00 Registration
        Introduction
  • Overview of the Course
  • The Problem: Injury and Illness in the Workplace
  • Historical Overview
9:00 What is Law?
  • Some Legal Concepts
  • Canadian Legal Framework
  • The Structure of OH&S Law
  • Statutory Interpretation - Reading and understanding legislation
10:00 Internal Responsibility System
  • Purpose/Objective
  • Workplace Parties
  • Duties/Precautions
  • Shared Responsibilities
1:00 Other Parts of OH&S Legislation
  • OH&S Advisory Council
  • OH&S Policy and Program
  • JOHSC
  • OH&S Representatives
  • Miscellaneous
2:00 Access to/Disclosure of Information Under OH&S Legislation
2:30 Introduction to Work Refusals
3:30 Discussion - Questions and Answers
 

Day 2

8:30 Work Refusals (Cont'd)
  • Basis
  • Case Law
9:30 Discriminatory Action Complaints
  • Procedure
  • Basis
  • Case Law
10:30 New Administrative Penalties
11:30 Workplace Investigations
OH&S Jurisdiction
  • The Offshore
  • Federal - Provincial
1:00 Overview of OH&S Division, NS Dept. of Labour and Advanced Education
  • Structure/Functions
  • OH&S Director - Role, Powers and Appeal Function
2:30 The Role of the WCB in Prevention
3:45 Subcontractors

Day 3

8:30 OH&S Inspections and Investigations
  • Role and Powers of OH&S Officers
10:45 OH&S Prosecutions
  • The Role of the Crown: before and after charges have been laid
  • The Decision to Prosecute: burden of proof, penalties and public interest issues
  • The Judicial Process: both regulatory and criminal
  • Disclosure: what, when and why
  • Expert witnesses: when are they required?
1:00 OH&S Prosecutions (Cont'd)
  • Resolution Discussions and Agreements: What are they and their limitations?
  • Principles of Sentencing: criminal, regulatory and structured
  • Appeals from conviction, acquittal or sentence
2:30 Violence in the Workplace Regulations
  • Duties and Responsibilities of the Employer and the Employee

3:30 Accident Case Scenario / Take Home Quiz

  • Video, discussion, and distribution of take home assignment

4:00 Adjournment

Day 4

8:30 Defending the Accused
  • Strategy, Due Diligence and Case Law
10:00 Occupational Safety General Regulations & Workplace Health and Safety Regulations
  • Structure, objectives, process for approval
  • Review of legislative amendments and new regulations

1:00 Review of Accident Case and Examination

  • Discussion of video and take home assignment from Day 3

4:00 Adjournment

Instructors

Alex Keaveny was called to the Bar in Ontario in 2002 and in Nova Scotia in 2003. He began his career with the Ministry of the Attorney General in Toronto at the Crown Attorney’s Office (Downtown) from 2000 to 2003, first as an articled clerk, then as an Assistant Crown. In 2003, Alex returned to P.E.I. and later to Halifax where he worked in private practice until returning to prosecutions in 2005 when he joined the Public Prosecution Service (PPS) as a Crown attorney in the Halifax and Dartmouth Crown Attorney’s offices. In 2006, Alex joined the Halifax law firm, Stewart McKelvey, where he practiced civil litigation, tax litigation and regulatory defence. Alex returned to the PPS in March 2011 as a Crown Attorney in the Dartmouth office. Since July 2014 Alex has been the dedicated OH&S prosecutor with the Special Prosecutions section of the PPS, working mainly on workplace safety related prosecutions. Alex has been a lecturer at Dalhousie University since 2008, co-teaching the Civil Trial Practice course at the Schulich School of Law.

Lisa M. Gallivan is a partner in the labour and employment group at Stewart McKelvey in Halifax, Nova Scotia and was called to the bar in 1997. She advises and represents large and small public and private sector clients in federal, provincial and municipal jurisdictions and regularly represents clients in connection with collective bargaining, union certification matters, Labour Board proceedings, grievance arbitration, wrongful dismissal claims, human rights issues, occupational health and safety matters, workers’ compensation appeals and employment standards matters. She also negotiates and drafts executive employment contracts, termination agreements and other agreements pertaining to executive compensation. In addition to being an advocate and advising management clients on labour relations and employment matters, Lisa is a frequent lecturer at client seminars as well as guest speaker at programs sponsored by such groups as the Dalhousie University College of Continuing Education on municipal employment issues, the Nova Scotia Construction Safety Council and has also lectured in the Department of Business Administration at Mount Saint Vincent and Saint Mary’s University. Lisa is also a member of Brigadoon Children’s Camp Society.

Notes

Registration/Certification Maintenance Points

  • The Canadian Registration Board of Occupational Hygienists (CRBOH): 5.0 RMPs
  • The American Board of Industrial Hygiene (ABIH): 5.0 IH CMPs
  • The Board of Canadian Registered Safety Professionals (BCRSP): 5.0 CMPs

Applies Towards the Following Certificates

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