Occupational Health and Safety: Ikea Holdings Canada Limited

Occupational Health and Safety
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Occupational Health and Safety
Events of the case.
Ikea Holdings Canada Limited is the defendant, in this case, sued by the ministry of labor. It is accused of violating two counts of the Occupational Health and Safety Act. This negligence resulted in the injury of two employees. The company has consequently pleaded guilty to the charge as the employer of the two individuals.
Description of Injury sustained
On January 28, 2006, one of the employees suffered a broken bone in the right leg. This happened as the employees were unloading a trailer in the shipping/receiving area when a product skid section fell on the worker.
Occupational Health and Safety Act Violation
Ikea Holdings Canada Limited violated the 1990 Occupational Health and Safety Act. The Act provides health and safety and welfare guarantees for all persons employed and lawfully present in a workplace. It is the obligation of the occupier to provide the employees with a well-maintained plant, systems, and procedures of work that are safe. Consequently, the employers reduce the number of risks to an employee's health when handling, storage and transport of articles and substances in the company. The company violated Section 43 – 49, Right to Refuse or Stop Work Where Health and Safety are in Danger, of the Occupational Health and Safety Act. Section 43-49 states that a worker can refuse to work if he or she has reason to believe that one or more of the following is true:
* Any machine, equipment, or tool that the worker is using or is told to use is likely to endanger himself or herself or another worker [section 43(3)(a)].
* The physical condition of the workplace or workstation is likely to endanger the worker [section 43(3)(b)].
* Any machine, equipment, or tool that the worker is using, or the physical condition of the workplace, contravenes the Act or regulations and is likely to endanger himself or herself or another worker [section 43(3)(c)]
Additional Violations
The company also violated Section (5 – 22) of the Occupational Health and Safety Act. The Act states that the workers need to select at least one H&S representative from the workplace that doesn't have any managerial responsibilities. The representative will be given the following powers and duties.
* Inspect the physical conditions of the workplace at least once/month
* Obtain information from an employer;
* concerning the conducting or taking of tests for the purpose of health and safety
* to identify potential or existing hazards of material, processes, or equipment
* regarding OH&S experience and work practices in similar industries
* Consulted about and present at the beginning of:
* testing
* Obtain information/ Investigate critical injuries
Ikea Holdings Canada Limited's third possible violation is Section 23 – 32; Employers and Other Persons' Duties. This section describes the players responsible for a safe working environm...