Health and Safety 101
June
2010
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Workshop Objectives:
• Provide an overview of Health and Safety
Legislation and how it affects you and your
Branch/Affiliate
• Review the tools available to assist in meeting
legislative obligations
• Review existing Health and Safety policies that
support and encourage a healthy and safe
workplace including the addition of Harassment
and Violence in the workplace to the existing
Health and Safety Policy(Re: Bill168)
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Occupational Health and Safety Act
• Act of provincial parliament enacted in 1979
• The act is amended when changes are made to
the act. The most recent change being the
addition of Bill168 – Harassment and Violence in
the Workplace
• Sets out legal responsibilities of the workplace
parties (employer, supervisor, worker)
• Sets out penalties for non-compliance
• Based on the concept of an internal responsibility
system (IRS)
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Occupational Health and Safety Act
Duties and Responsibilities of the Key Players
1. Employer: (Employs one or more workers)
• Primary duty to provide a safe work environment
and inform supervisors and workers of possible
work hazards
• Hire competent supervisors
• Ensure safety equipment is provided and properly
maintained
• Post the Act in the workplace and prepare and
maintain a written health and safety policy and
program that is reviewed annually
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Occupational Health and Safety Act
Employer Continued:
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The employer has the following duties:
– If a person, whether a worker or not, has been critically injured or killed at the
workplace, the employer must immediately notify an inspector, the joint committee (or
health and safety representative), and the union, if there is one. Within 48 hours, the
employer must also notify, in writing, a director of the Ministry of Labour, giving the
circumstances of the occurrence
– If an accident, explosion or fire occurs and a worker is disabled or requires medical
attention, the employer must notify the joint committee (or health and safety
representative) and the union, if any, within four days of the incident. This notice must
be in writing. If required by an inspector, this notice must also be given to a director of
the Ministry of Labour
– If an employer is told that a worker has an occupational illness or that a claim for an
occupational illness has been filed with the Workplace Safety and Insurance Board, the
employer must notify a director of the Ministry of Labour, the joint committee (or health
and safety representative) and the union, if any, within four days. This notice must be in
writing. The duty to notify here applies not only to current employees but also to former
ones
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Occupational Health and Safety Act
Duties and Responsibilities of the Key Players
2. Supervisor (Has the authority to promote,
discipline, and schedule or assign work):
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Ensures workers comply with the Act and regulations
Ensures workers use or wear safety equipment, devices
or clothing
Advises workers of possible hazards
Provides written instructions if applicable
Takes every reasonable precaution to ensure the
protection of the workers
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Occupational Health and Safety Act
Duties and Responsibilities of the Key Players
3. Worker: (Paid to perform work but also includes volunteers
doing the same work)
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Works in compliance with the Act and regulations
Properly uses/wears equipment, protective devices or clothing and does
not remove or make ineffective any device required by the employer
Reports to the employer any known missing or defective equipment or
protective device that could lead to dangerous conditions
Reports any contraventions of the act or regulations to the employer
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Occupational Health and Safety Act
• The Act provides workers with the following four
rights:
• Right to participate – in health and safety
training, bringing health and safety matters to the
attention of their supervisor or employer,
representation by the JHSC or H&S rep
• Right to know – about workplace hazards, how to
safely do their job or use equipment
• Right to refuse work
• Right to stop work –pertinent to certified workers
of the JHSC only
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Occupational Health and Safety Act
• Who enforces the Act?
- Ministry of Labour Inspectors
• Inspectors have broad powers that include inspecting any
workplace, investigating any potentially hazardous situation and
work refusal, ensuring compliance with the Act and regulations and
initiating prosecutions. Includes ensuring that there is a strong IRS
(Internal Responsibility System) in place
• Employers, supervisors and workers must assist and co-operate
with inspectors
• May issue orders and/or charges against individuals and/or
corporations for not complying with the Act
• Significant penalties if found guilty
• Individuals = $25,000 per offence and/or 12 months in jail
• Corporations = $500,000 per offence
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Occupational Health and Safety Act
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Inspectors are looking for a strong health and safety workplace culture that consists of:
– Competence (ie. appropriate knowledge and training, systems for responding to events, properly
functioning Joint Health and Safety Committee)
– Commitment (demonstration by the employer of leadership on safety, appropriate policies and
procedures to protect workers, low tolerance for poor health and safety practices, insistence upon
full compliance), and
– Capacity (adequate resources for preventing injuries, good system for obtaining assistance)
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A strong IRS can lead to a strong culture of health and safety. Strong leadership by senior executives and
other managers sets the tone and establishes a corporate culture that nurtures the IRS. A health and
safety culture requires all workplace parties to pay constant, appropriate attention to workplace health
and safety.
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A sustainable workplace health and safety culture needs a strong commitment by all the workplace parties
to prevent injuries and illness and to reduce risk, because workplace safety is EVERYONE’S business.
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Occupational Health and Safety Act
An inspector may ask to see your Health and Safety
Board where the following items must be posted:
• Current copy of the Occupational Health and Safety
Act
• OSPCA’s or Affiliates Health and Safety Policy
• Poster “In case of Injury” (Re: WSIB –Form 82)
• MSDS sheets (Re: WHIMS)
• Health and Safety rep name and contact information
(if more than 6 workers)
• Monthly Inspection report (more than 5 workers)
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Occupational Health and Safety Act
• Inspectors Orders
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Written orders indicate that there has been a contravention of the Act or
regulations
The orders will provide a time frame in which to comply and it is
imperative that compliance deadlines are adhered to
The Inspector will walk you through each order. Ask questions and be
certain you understand expectations for compliance
- All orders will include a Notice of Compliance Form which is a signed
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statement advising that the employer believes the order has been
complied with. This is usually signed and faxed to the Inspector. An
inspector is the only one who can determine if an order has been
complied with
Original order and the Notice of Compliance must be posted in the
workplace where it is most likely to be seen by workers (14 days) and a
copy must be given to the Health and Safety Committee members and HR
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Occupational Health and Safety Act
MOL Current “Blitz” : Focus on Young Workers
"Young and new workers in Ontario are up to four times more likely to be injured
during the first month on the job than at any other time. Ontario is committed to
eliminating workplace injuries. All workers have the right to come home from work
each day to their families, safe and sound."
– Peter Fonseca
Minister of Labour
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Health and safety inspectors at the Ministry of Labour will check to ensure young
and new workers:
Are properly oriented, trained and supervised on jobs . They will want hard
evidence that this training has occurred. ie. signatures, dates , topics reviewed
Meet minimum age requirements
Are protected by safety measures to prevent injuries
Particular attention will be focused on workplaces where many young and new
workers are employed
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Occupational Health and Safety Act
Joint Health and Safety Committee (JHSC)
(Right to Participate)
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Who needs to form a JHSC:
Employers with more than 20 employees
Size of Committee:
Employers < 50 workers = 2 members needed
Employers ≥ 50 workers = 4 members needed
Intent is to have all areas of the workplace represented
Committees Main Functions:
Identify workplace hazards
Evaluate the potential hazards
Recommend corrective action
Follow up implemented recommendations
All committee members should be available to receive employee concerns,
complaints and recommendations; to discuss problems and recommend
solutions; and to provide input into existing and proposed health and safety
programs
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Occupational Health and Safety Act
JHSC Continued
Committee Composition:
• ½ members represent workers and other ½ represent management
• 1 worker and 1 management rep must be certified
Committee Operations:
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Committee meets once every three months
Committee is co-chaired by two members
Committee members are paid regular wages for committee work
Committee is required to take and post minutes of all meetings
Committee conducts monthly inspections of the workplace and posts
results
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Occupational Health and Safety Act
Health and Safety Representative of the Workers
• HSTR required in workplaces with 6 or more employees
• Certification is not required in workplaces with less than 20
employees
• No formal meetings required
• Representatives have roughly the same powers as those on JHSC
with the exception of the power to stop work
- identifying workplace hazards
- inspect workplace monthly
- consulted about workplace testing
- makes recommendations to the employer (employer has 21 days
in which to respond in writing)
-investigates work refusals and serious accidents
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Occupational Health and Safety Act
Employer has a duty to co-operate with the Committee
• The Act places a general duty on the employer to cooperate with and help the joint committee to carry out
its responsibilities. The employer is required to:
– provide any information that the committee has the power
to obtain from the employer
– respond to committee recommendations
– give the committee copies of all orders and reports issued
by a Ministry of Labour inspector; and
– report any workplace deaths, injuries and illnesses to the
committee
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Occupational Health and Safety Act
Right to Refuse Unsafe Work:
A worker can refuse to work if they have 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 their safety or another workers safety
• The physical condition of the workplace or workstation is likely to
endanger the worker
• 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
• Managers/supervisors must contact HR should any employee
exercise their right to refuse unsafe work. We will assist you
through the phases of the work refusal process
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Occupational Health and Safety Act
Toxic Substances = the “Right to Know”
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“A toxic substance is a biological, chemical or physical agent (or a combination of such agents) whose presence or
use in the workplace may endanger the health or safety of a worker”
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The Act was expanded in 1988, and was amended to include Workplace Hazardous Materials Information System
(WHMIS) which is commonly referred to as an employees “right to know” about toxic substances or hazardous
materials in the workplace
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Purpose of WHIMS:
-provide information on hazardous materials used in the workplace
-provide a process of hazard identification in the workplace
-ensure consistency of hazard information in all Canadian workplaces
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Components of WHIMS:
-Labelling of hazardous materials ie. workplace labels that identify the WHIMS classes and the supplier labels that
are very detailed with product name, hazard symbols, precautionary measures, first aid etc.
-Material Safety Data Sheets (MSDS) –identify potentially harmful ingredients in products and present factual
information about the nature of the harmful ingredients and provide guidance in the use and disposal of the
product. -make certain these are current –expire after 3 years
-Worker education and training -must be reviewed once a year
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Occupational Health and Safety Act
• Important that all workers/volunteers receive WHIMS
training
• After completing the training it is important that the
workers/volunteers are able to:
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Identify WHIMS hazard symbols
Read WHIMS supplier and workplace labels
Read and apply the applicable information on an MSDS
Document and record all health and safety training – make
certain all attendees sign off on the training
Note: All employees/volunteers must take the WHIMS test
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WSIB
WSIB= Workplace Safety and Insurance Board
(formerly Workers Compensation Board)
• WSIB is committed to promoting health and
safety in the workplace and reduce the
occurrence of workplace injuries and
occupational diseases
• WSIB believes that when the workforce is
educated and aware, all injuries are preventable
• WSIB believes “there really are no accidents”
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WSIB
WSIB Reporting Obligations:
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WSIB’s Form 7 completed when:
- worker requires health care due to an accident or work related illness AND/OR
- worker is absent from regular work due to an accident or work related illness
- worker earns less than regular pay for regular work (ie. partial hours) due to an accident or work related illness
-A worker requires modified work at less than regular pay
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WSIB’s Definition of “Health Care”:
Services provided at hospitals and health facilities and
– Services that can only be provided by a chiropractor, physician, physiotherapist, registered nurse, or dentist.
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Timelines for Form Completion: A Form 7 must be completed and submitted to WSIB within three calendar days after
learning of an accident or illness as described above. There are significant fines for failing to file a report on time and /or
with incomplete information.
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Who Needs A Copy of the Form 7:
WSIB - Please fax a copy of the fully completed form to WSIB: 416-344-4684 or Toll-Free 1-888-313-7373
Worker - It is imperative that a copy of the report is given to the injured/ill employee
Copy faxed to HR - Provincial Office
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Remember on the day of an accident it is our responsibility to provide and pay for immediate transportation to a
hospital, health professional office/clinic or the worker’s home (if necessary) and we must pay full wages and benefits for
the day or shift on which the injury occurred. Please make certain that your Regional Manager and HR are notified of all
accident s
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Fully investigate the root cause for all injuries sustained at work and make any adjustments to processes or procedures to
eliminate the possibility of further injuries. The purpose of this process is not to place blame but rather to improve health
and safety in the workplace.
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WSIB
WSIB suggests the following process to assist in investigating incidents and accidents:
1. Survey the accident scene. Make a list of people who were present at the time of the accident. Make
drawings of the layout of the area; take measurements and photographs of the scene.
2.
Interview the worker who was injured and anyone else who has information relevant to the investigation.
Verify your understanding and recording of the accident with the person who is being interviewed. Each
witness should sign and date their statement after having reviewed it.
3.
Examine the site of the accident in detail. If there was a death or critical injury, you must ensure that the
scene is not disturbed before Ministry of Labour and/or police investigators have done their jobs. Look for
equipment damage. Take note of environmental details: noise level, visibility, temperature and exposure
to hazardous materials.
4.
Organize the facts and have the information analysed. Ask the questions who, what, when, where, why
and how to see if any information is missing.
5.
Prepare the report. Ensure to include sufficient detail so that the events leading up to the accident are
understood. The report should identify all the causes of the accident including underlying causes.
6.
Take corrective action; notify workers about actions taken and recommendations made to management.
7.
Follow up. Monitor actions taken on recommendations for preventing recurrences. Be persistent to ensure
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that they are implemented. Keep records of the date of implementation of the recommendations
WSIB
WSIB suggests the following process to assist in investigating incidents and accidents con’t:
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Interview tips: Keep questions simple and to the point. Interview witnesses alone as soon as possible
while the details are still fresh in their minds. Explain the reasons for the investigation and try to keep it
relaxed. Have them explain what happened in their own words. Don’t ask ‘yes-no’ questions. Avoid
interruptions. Take detailed notes during the interview. Remember to thank them for their help.
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Using photographs and drawings: These are useful ways to record information and provide a permanent
record of the scene. Sketches do not have to be elaborate. Photograph any equipment or materials
involved.
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Contributing factors: Did the factors below play a role in the accident?
1.
People : Was the worker properly trained? Was there anyone else involved in some way: co-worker,
designer of equipment? Was there adequate supervision?
Equipment : What tools were being used? Were they the correct ones for the job? What was damaged?
Was it being used properly? Was there equipment failure? Was the equipment poorly designed? Was
the equipment well maintained?
Materials: Was the material clearly labelled and used properly? Was proper protective equipment
available and used?
Environmental: Temperature, lighting, humidity, noise levels, air quality, ventilation? Were good
housekeeping practices being used?
Process: Did the work flow set-up result in hazards? Were proper work procedures being carried out at
the time? Were safety devices available and used? Were they the right ones for the job? Did
administrative issues -- scheduling, timing or piecework contribute to the incident?
2.
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5.
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WSIB
First Aid Requirements
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Employers must provide a variety of first aid supports, including trained personnel, and
equipment sufficient to offer prompt first aid to injured workers
Each workplace must contain a first aid station that includes:
• A first aid box containing the items required by the regulation
• The WSIB poster known as Form 82, “In Case of Injury Poster”
• Current first aid certificates of trained workers and an inspection card for recording details
of inspections of the first aid box (First aid boxes must be inspected quarterly)
A worker who is trained and who works in the immediate vicinity of the first aid station must
be in charge of it
First aid stations must be easily accessible for the prompt treatment of any worker at all
times
Regulation 1101 lists in detail the contents of the right first aid box for your workplace
The number of workers in the workplace determines the level of training required
When there are fewer than five workers on any one shift, first aiders must hold at
least a St. John Ambulance Emergency First Aid Certificate or equivalent.
When there are more than five workers per shift, first aiders must hold a St. John
Ambulance Standard First Aid Certificate or equivalent.
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WSIB
Workplace Inspections:
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Workplace inspections should play a key role in your health and safety program
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They can help to identify existing hazards and potential hazards
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Important to utilize the data from the inspection to determine what needs to be corrected/improved
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Regular, monthly inspections done by joint health and safety committee members or the health
and safety representative – I would suggest that regardless of legislated requirements all employers conduct inspections
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Regular equipment inspection including machinery, elevators, fire extinguishers
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Chemical inventory as part of the WHMIS program
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Daily and ongoing inspections done by workers of their own workstations so that any hazards
can be corrected immediately
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Regular inspections of critical parts on machines, equipment or systems that come with a high
risk for causing injury if they are not in proper working order
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Inspections done according to manufacturers or industry standard
What will the inspection include:
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Review of safety hazards previously indentified
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Biological hazards such as mould, fungi, bacteria, viruses, parasites
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Chemical hazards that come in liquid, solid, vapour, gas, dust or fumes
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Ergonomic hazards such as awkward positions, static posture, forceful and repetitive movement
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Physical hazards such as heat, cold, noise, light and energy
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Housekeeping such as trip hazards
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Equipment including machinery and tools, checking guarding, belts, etc.
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PPE and clothing are appropriate and not causing a hazard
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Bill 168
Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the
Workplace)2009.
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Ontario Bill 168 is “an Act to amend the Occupation Health and Safety Act (OSHA) with respect to violence, harassment and
domestic violence in the workplace”
Bill 168 was finalized as law and takes effect June 15, 2010
The Act applies to all Ontario employers with five or more regular employees
This Act defines, workplace violence, workplace harassment, and categorizes the types of violence into four categories.
What constitutes domestic violence is not specifically defined in the Act but it does outline the employer’s obligations to
take “every reasonable precaution in the circumstances if the employer is aware of domestic violence that may expose a
worker to physical injury in the workplace”
Summary of Employers Responsibilities:
Assessments to measure the risk of workplace violence –involves looking at incidents within the workplace and analyzing
them to determine the greatest risks for violence in the workplace
Written and posted policy and procedures for addressing violence and harassment in the workplace as defined in the Act.
Policy should define violence with reference to the four categories of violence outlined in the Act (External, Client/Customer,
Employee Related and Domestic). Procedures should clearly outline process for employees to follow in the event of any
contravention of the policy and should include how the employer will investigate and manage incidents, complaints or
threats of workplace violence
Development of a program to implement the policy and procedures (as noted above) based on the results of the risk
assessment. This will include employee training on the policy and procedures as well as instructions for employees on their
right to refusal of work where they have reason to believe that they are in danger of being a victim of workplace violence
Review and evaluation on the effectiveness of the policy and procedures at least annually
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Bill 168
How did OSPCA tackle compliance:
1.
Developed a Health and Safety Policy that incorporated all legislated requirements as follows:
The Ontario Society for the Prevention of Cruelty to Animals (Ontario SPCA) is committed to: the promotion of the health,
safety and well being of its employees, volunteers, and visitors; the provision of a safe and healthy work environment; and
the prevention of violence, harassment and occupational injuries and illnesses. The Ontario SPCA believes that accidental
injury, loss, violent incidents and harassment can be controlled through good management in tandem with active employee
involvement.
In fulfilling this commitment, all levels of management will work in consultation and cooperation with employees,
volunteers, joint health and safety committees and representatives, contractors and visitors to ensure that the requirements
of the Occupational Health and Safety Act and its regulations, other applicable legislation, and the Ontario SPCA’s Health and
Safety program are fully implemented and integrated into all OSPCA work and activities.
Directors, Managers and Supervisors will take responsibility and accountability for the health and safety of their employees,
volunteers and workplace by advising and training employees and volunteers on potential or actual workplace hazards, and
will ensure that they work safely and in accordance with the Occupational Health and Safety Act and its regulations, and all
applicable Ontario SPCA’s policies, procedures and programs. They will take every precaution reasonable in the
circumstances for their protection.
Employees will work safely and in compliance with the Occupational Health and Safety Act and its regulations, and Ontario
SPCA policies, procedures and programs. They will report all unsafe and unhealthy conditions and practices and concerns
about workplace violence and any violent incidents or threats in the workplace to their immediate supervisor to ensure
prompt attention to remedy the situation.
Volunteers, contractors and visitors will comply with all relevant legislation, as well as with Ontario SPCA Health and Safety
policies, procedures and practices.
Health, safety and violence and harassment prevention is a shared responsibility and we expect everyone to demonstrate
their commitment towards a safe and healthy work environment by acting in compliance with this Policy. Management
pledges to investigate and deal with all incidents and complaints of workplace violence and harassment in a fair and
timely manner, respecting the privacy of all concerned as much as possible.
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Bill 168
2.
Workplace Violence Risk Assessments were conducted by all Branches
-Past incidents and accidents of workplace violence were reviewed
-Work situations with the potential to put workers at risk were considered
-Review of the physical premises were reviewed for potential risks
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Risks were categorized and the development of the appropriate violence
prevention procedures were developed
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Some of the risks identified through the assessment process were:
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Public Access to workplace
Summoning Assistance
Call out where cell service does not exist
Call out to risky area/location
Cash handling
Working alone
Working with animals from Women’s shelters
Receipt of threatening phone calls/emails
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Bill 168
3. Processes and procedures were developed to
address each of the risks including
harassment (all forms) and violence,
including domestic violence, in the
workplace.
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Bill 168
Health and Safety Procedure - Incident Reporting and Investigation
This procedure outlines the reporting requirements for accidents, occupational illnesses, harassment, violent incidents and
incidents that result in or have the potential to result in personal injury or property damage. The procedures cover employees of
the Ontario SPCA and its branches. A workplace injury, illness or violent incident report form must be completed by the
supervisor of the affected employee. This form must be forwarded to HR within 24 hours of the occurrence.
WSIB
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Reporting of accidents and occupational illnesses involving death, critical injury, lost time or health care (by a medical
practitioner) is required for employees under both the Occupational Health and Safety Act and the Workplace Safety and
Insurance Act. Reporting is done by completing a WSIB Form 7 and submitting it directly to the Board. Copies of all
correspondence with the WSIB are to be forwarded to Human Resources.
The WSIB levies fines for late reporting of a lost time or health care claim. Where this late reporting is a result of the failure
of a department to report the incident within the required time, the fine will be charged to that department.
WSIB reports are not required for incidents involving volunteers.
Ministry of Labour
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All critical injuries or fatalities must be immediately reported to the Ministry of Labour. The reporting requirement is not
limited to employees and must be complied with regardless of the relationship of the individual with the workplace. A list of
local Ministry of Labour contacts is included with this procedure.
Workplace Violence
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The workplace is defined as any land, premises, location or thing, at, upon, in, or near which a worker works. Workplace
violence is:
-The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the
worker
-An attempt to exercise physical force against a worker in a workplace, that could cause physical injury to the worker; and a
-Statement or behaviour that a worker could reasonable interpret as a threat to exercise physical force against the worker, in
a workplace, that could cause physical injury to the worker
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Incidents of Workplace Violence must be reported to the Human Resources Department and thoroughly investigated.
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Bill 168
Health and Safety Procedure - Incident Reporting and Investigation – Con’t
Workplace Harassment
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Workplace harassment is defined as engaging in a course of vexatious comment or conduct against a worker, in a workplace
– behaviour that is known or ought reasonably to be known to be unwelcome.
Incidents of Workplace Harassment must be reported to the Human Resources Department and thoroughly investigated.
Investigations:
The supervisor of the subject employee, in consultation with HR, is responsible for conducting a through investigation of the
incident. The investigation will respect the confidentiality of everyone involved but also ensure the safety of all workers.
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Step One – Fact Finding
Speak to everyone involved in the incident including eyewitnesses
If appropriate take pictures and/or draw diagrams of the scene
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Step Two – Analysis
Review immediate causes of the incident (unsafe practices or conditions) could include people, environment, equipment,
process and materials
Review underlying causes of the incident (factors that enabled unsafe practices or conditions to occur)
Evaluate the risk of the incident occurring again
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Step Three – Create a report and make recommendations
Recommendations could include engineering, work practice, administrative, personal protective equipment and/or personal
hygiene changes
Report and recommendations to be submitted to the JHSC and/or senior management as appropriate
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Bill 168
Health and Safety Procedure - Incident Reporting and Investigation – Con’t
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Step Four – Action
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Once recommendations are accepted decide:
What needs to be done?
Who will do it?
How will it be done?
By what date will it be done?
Who will make sure it is done?
Who will make sure it is effective?
All actions are to be communicated to the affected individuals
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Step Five – Follow up
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Supervisor of employee is responsible to follow up and ensure that the implemented controls:
Eliminate the hazards to the worker
Do not make the work more stressful or uncomfortable
Protect all workers who are likely to be exposed
Do not create external environmental hazards
Do not create any new hazards
The JHSC should review the implemented controls
All documentation on the investigation is to be maintained in Human Resources
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Bill 168
Next Steps Regarding Bill 168:
• Ensuring all employees are trained on the new
policy and procedures
• Provide more detailed and in-depth training
on harassment including bullying and
domestic violence in the workplace
• Assess other training needs applicable to this
legislation and create a training plan as
needed
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Questions
• Any questions regarding any of the material
covered?
• Any health and safety situations you’d like to
brainstorm with the group?
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