The Canadian Occupational
Health and Safety System
An Overview
Canada Has 14 Jurisdictions
1
Federal
 10 Provinces and 3 Territories
.
Provincial and Territorial Jurisdictions
(90% of workers):

Provincial and territorial employees
 Workers in most industries, including small
businesses and self-employed workers

e.g. construction, manufacturing, textiles, mining
Federal Jurisdiction (10% of workers):

Employees of federal government and federal
corporations, military
 Workers in certain national corporations

e.g. airlines, railways, telecommunications
Internal Responsibility System

Employer and employees:



Employer manages the workplace safely.



Know their work and the hazards best
Cooperate to implement safety measures
Employer must take all reasonable actions to
protect the health and safety of workers.
Employer is accountable for non-compliance.
Government agencies:


Legislate, inspect, and enforce (civil, criminal)
Provide preventive services and incentives
Employer Responsibilities
Identify workplace hazards – prevent & control
 Implement safe work practices and comply with all
regulations
 Develop hazard prevention program and
management system
 Provide workplace training and education to workers
 Support employee participation, such as safety
committees
 Train supervisors to ensure they are “competent”
 Inspect the workplace
 Have an accident investigation and reporting system

Employer Due Diligence

Due diligence is a legal defense in case of
accident or injury


Evidence that all reasonable precautions were
taken to prevent accidents and injuries
Steps to demonstrate due diligence:




Show that employer is aware of hazards and
acting to control them.
Document policies, practices, and procedures.
Monitor workplace and ensure that employees
follow workplace procedures and requirements.
Implement good practices used in similar
organizations and industries.
Workers’ Rights
 Right
to Participate
 Joint
 Right
Health and Safety Committees
to Know
 Must
be informed about hazards
 Must be trained on safe work procedures
 Right
to Refuse unsafe work
 Specific
procedures detailed in regulations
Workers’ Responsibilities
 Work
safely according to procedures
 Use
safety equipment and personal
protective equipment
 Report
hazards
History of Health and Safety
Ontario Factories Act
1911 Building Trades Protection Act
1914 Workmen’s Compensation Act
1917 Industrial Accident Prevention Assoc.
1929 Construction Safety Association
1978 Occupational Health and Safety Act
1978 CCOHS founded
1998 Workplace Safety and Insurance
Board
1884
Health and Safety Organizations

Compensation boards (13)


Insurance, treatment, rehabilitation, prevention,
education
Ministries of Labour (14)

Legislation, standards, enforcement

CCOHS
 Sectoral and professional safety associations


Prevention, training, consulting
Education and training organizations
 Research institutions
 Independent consultants
Workers’ Insurance in Canada
(Historic Compromise)
 Employers
pay premiums to workers’
compensation boards (WCBs) based on
their injury record
 Insurance
is mandatory
 No-fault insurance – workers cannot sue
employers
 Boards pay incentives to employers to
encourage prevention, training, and other
safety programs by employers
Roles of the Workers’ Compensation
Boards (WCBs)
 Provide
treatment and rehabilitation
 Pay injured workers while they recover
 Pay pensions to workers who are
permanently disabled
 Fund safety associations (industry
sectors)
 Deliver services for prevention and
education
–
Construction Safety Association of Ontario
– Example

Established 1929 to serve construction industry
 Bipartite – employers and building trades
 Funded by WSIB (compensation board)


About 2% of construction insurance funds
($ 750 million (about $2000 per worker per year))
Major functions:


Education and training
Consulting and technical advice



Target companies with high injury rates
Target new companies
Research
CCOHS

Established 1978 as the national centre
 Mandate: promote OH&S
 Tripartite (governments, industry, unions)
 Primary roles:

Information to all workplace parties





Free Inquiries and OSH Answers
Databases – legislation, CHEMINFO
Publications and e-courses
Workplace tools and services – OH&S management
system, MSDS writer, MSDS management
Collaborative projects such as INTOX
Recent Trends in Canada
 Improved
 Fewer
 More
performance
injuries, better compliance
enforcement
 Criminal
liability
 More
research to identify best practices
 More workplace requirements:
 Education
and training
 Prevention programs and management
Evolving Issues in Canada

Effectiveness of incentives to employers


Low injury rates
High performance:



Corporate social responsibility


Strong prevention programs
Management systems
Performance beyond the law
New employment relationships


More contract work
Employment agencies
Thank you
Canadian Centre for
Occupational Health and Safety
bobw@ccohs.ca