Richard-Business Eng
Profesor profesional
Legal English
Legal English is quite different than everyday English. Words used in legal language are often defined.
Legalese (legal language) is also difficult to interpret without the proper training.

legalese /ˌlēɡəˈlēz/ (noun) informal
- the formal and technical language of legal documents that is often hard to understand.

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Legal Definitions from Ontario’s Health and Safety Act

“competent person” means a person who,
(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

“employer” means a person who employs one or more workers or contracts for the services of one or more workers

“supervisor” means a person who has charge of a workplace or authority over a worker;

“worker” means a person who performs work or supplies services for monetary compensation.

“shall” means an action or job-related duty that must be done / mandatory

“may” means there is a choice as to which action needs to be taken / there are options. but one of the options must be taken

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In your own words, describe what one or more of the following 5 legal duties from Ontario’s Health and Safety Act mean:

1. An employer shall ensure that the equipment, materials and protective devices as prescribed are provided;

2. an employer shall take every precaution reasonable in the circumstances for the protection of a worker

3. an employer may appoint himself or herself as a supervisor where the employer is a competent person

4. A supervisor shall ensure that a worker uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn

5. No worker shall remove or make ineffective any protective device required by the regulations or by his or her employer

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20 de jul. de 2020 0:20
Comentarios · 8
5
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20 de julio de 2020
3
It will vary a little from one English speaking nation to another English speaking nation, as to how the courts have in recent times interpreted these regulations, and to what extent the individual governments are, pushing the enforcement of the regulations, depending on the governments current policy, and the closeness of any general election where these regulations may have become a political football. blah blah blah blah etc.

1.
An employer shall provide all the equipment material and protective clothing and training of how to use the equipment, this is as prescribed above with guidelines and the relevant training schedules and equipment maintenance schedules etc, you have to read the 'prescription' the prescribed materials.

2.
An employer shall take all and any precautions reasonable to ensure for the protection of a work [means any worker] all workers irrespective of being employed by the employer or not, I.E any worker on site and working either directly or indirectly for said employer. including any sub contractors that may have to work on the employers site or for the employer anywhere. at any location.

3
An employer may appoint himself or herself as a supervisor if they fulfil the criteria as described and/or prescribed to meet the requirements of being a 'component person' and there is no competent person available.

4
A supervisor shall ensure that all workers [a worker means all workers] uses the protective equipment or wears the protective clothing, the the employer at any time requires or specifies

5.No worker [a worker means all workers] shall can not remove any protect device required by either the regulations or the employer.
20 de julio de 2020
2
Caballero A. and John...

Your comments (interpretation of the Act's legal requirements) are quite good.
Very often, the interpretation of legal duties/requirements are determined by court decisions.
So, interpreting legal language is the most challenging task for someone trying to understand the meaning and application of the law.

For example:

1. An employer shall ensure that the equipment, materials and protective devices as prescribed are provided;

- The keywords in this duty are highlighted

- An employer is defined as "a person who employs one or more workers or contracts for the services of one or more workers" so this normally means the business entity, and may include highly positioned managers who represent the company and approve hirings.

- "shall" means must

- "ensure" means make sure that the duty is fulfilled and complied with, therefore the employer must make sure that the legal duty is implemented and enforced.

- "prescribed" means stated in a regulation (regulations are usually much more specific than an Act, for example: Act says "protective devices" while the prescribed protective devices specifies all required protective devices, such as, guards on saws, safety glasses, safety boots, hard hats, gloves, etc. And the regulations prescribe (list and require specific protective devices dependent on the the type of hazard.

- "are provided" is the most often misinterpreted phrase. Most people believe that it is the employer/company's duty to provide all the protective devices, but this is not the case. The employer must make sure that someone (the worker or the company) provides the necessary (prescribed) protective devices. In most industrialized countries, the company will purchase and provide the necessary devices, equipment or clothing, however, in some cases the worker may be required to purchase, provide and use certain devices such as safety boots or prescription safety glasses (usually with financial help from the employer).

20 de julio de 2020
2
<em>1. An employer shall ensure that the equipment, materials and protective devices as prescribed are provided;</em>
The boss shouldn't neglect the stuff that workers need for safely working, wich is set in a certain way.

2. an employer shall take every precaution reasonable in the circumstances for the protection of a worker.
The boss shouldn't neglect to adopt safety measures in the workplace.

<em>3. an employer may appoint himself or herself as a supervisor where the employer is a competent person</em>
The boss doesn't need to hire a supervisor unless he or she is clearly unskill

<em>4. A supervisor shall ensure that a worker uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn</em>
These referred stuff, kept in a wardrobe, is usuless

<em>5. No worker shall remove or make ineffective any protective device required by the regulations or by his or her employer</em>
Don't take off these stuff; there is a reason to wear it

Thanks a lot Richard!
20 de julio de 2020
1
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