Tag | competency under the ACT
I am continually bothered when problems arise for employers when the Ministry of Labour comes calling. An accident or incident has occurred and everyone wants to know how it happened and what could have been done to prevent it. I hope my opinion may shed some light on this topic.
Section 25 of the ACT describes the employerâ€™s responsibilities which includes hiring the right people.
Subsection (2) (c),
â€œThe employer shall, when appointing a supervisor, appoint a competent person.â€
What does this excerpt mean to the employer? Well, the answer lies in the definitions section of the ACT which comes just before Part 1, the ‘Application’ section.
A â€œcompetent personâ€ means,
a) Is qualified because of knowledge, training and experience to organize the work and its performance,
b) Is familiar with this ACT and the regulations that apply to the work, and
c) Has knowledge of any potential or actual danger to health or safety in the workplace.
Lavigne Tire Sales Limited, a retailer and installer of tires in Burlington, was fined $70,000 on September 9, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after a worker was critically injured. Supervisor Dave Montour was fined $7,500 in relation to the same incident.
On April 20, 2007, a mechanic was using a tire changing machine to install a tire on a rim. This involved expanding the tire with air until it popped into a groove on the rim. Partway through the installation, the tire exploded. It struck the worker on the head and upper body, causing serious injuries to the head, upper body, jaw and wrist.