INTRODUCTION TO HEALTH AND SAFETY PROGRAM

Transcription

1 OCCUPATIONAL HEALTH AND SAFETY PROGRAM PURPOSE OF THIS GUIDE The Workplace Health, Safety and Compensation Commission is developing resource materials to help workplace parties employers, workers including supervisors and managers, and occupational health and safety committees carry out their responsibilities for health and safety in the workplace. This booklet, Introduction to an Occupational Health and Safety Program, is designed to provide workplace parties with an understanding of an occupational health and safety program and the commitment required to make it effective. It gives a brief overview of the legislative requirements for provincially and federally regulated workplaces, roles and responsibilities of the workplace parties, and a description of an occupational health and safety program. Sources of Information Workplace Health, Safety and Compensation Commission Prevention Services Phone: (709) Toll free ; or Department of Government Services Occupational Health and Safety Branch Phone: (709) Or toll free or Human Resources and Social Development Labour Program, Newfoundland and Labrador Office Phone: (709) (call collect outside St. John's) INTRODUCTION TO AN OCCUPATIONAL HEALTH AND SAFETY PROGRAM May 2006

2 June, 2006 DISCLAIMER The Workplace Health, Safety and Compensation Commission(the Commission) provides information and health and safety advisory services for most aspects of occupational health and safety programming. The information presented is subject to a disclaimer. It is intended to provide examples of general use and may not apply to every circumstance. While all reasonable efforts have been made to ensure the accuracy of the information presented, the Commission does not and cannot guarantee the accuracy thereof. The Commission does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of the information presented nor for any actions taken in reliance thereon. The Commission shall not be liable for any damage or loss arising out of the use of the information or the application of the concepts contained therein. All those using the information do so at their own risk and shall be deemed to indemnify the Commission from any loss or damage arising from the use of the information. The information presented is subject to jurisdictional variation and is always subject to change. Individuals or organizations responsible for working with the information presented are responsible for ensuring that all applicable standards and regulations are fulfilled. The information presented cannot and should not be considered a definitive guide to government regulations nor does it relieve individuals or organizations using the information from their responsibilities under any or all applicable legislation. Provincial legislation contact information For official copies of the Occupational Health and Safety Act and the Occupational Health and Safety Regulations please contact: Office of the Queen's Printer Ground Floor Confederation Building, East Block St. John's, Newfoundland and Labrador Telephone: (709) Unofficial copies are available on-line at: Federal legislation contact information For an official copy of the Canada Labour Code please contact: Canadian Government Publishing, Communication Canada Ottawa, Ontario K1A 0S9 Telephone: (613) or FAX: (613) or Internet: Unofficial copies are available on-line at:

3 Introduction...1 More Information...2 OH&S Program...3 Requirements for an OH&S Program...3 Provincially Regulated Employers...3 Federally Regulated Employers...4 Penalties for Not Complying with Legislation...6 Inside this Guide Role of Workplace Parties...6 The Internal Responsibility System...6 Employers are to...7 Managers and Supervisors are to...8 All Workers including Managers and Supervisors are to...8 OH&S Committees are to...9 Accident/Incident Investigations...15 Emergency Preparedness/Response...16 Disability Management...17 Parts of an OH&S Program...10 Leadership and Administration...10 Communication...11 OH&S Committees...11 Conclusion...18 Appendix A - Glossary...21 Appendix B - References to Legislation...25 Education and Training...12 Safe Work Practices and Procedures...13 Hazard Recognition, Evaluation and Control...14 Workplace Inspections...14

4 Introduction Prevention of workplace accidents and injuries is the aim of an effective occupational health and safety (OH&S) program. Having a safe work environment where prevention is the key to an organization's success is important to all workplace parties employers, workers including supervisors and managers, and OH&S committees. When all workplace parties work co-operatively to incorporate safe work practices and procedures into their daily work activities, the savings in human and financial costs are immeasurable. When workplace accidents and injuries occur, the costs are high for workers and employers. For example, workers may sustain an injury or illness leading to pain and suffering, a disruption in their daily lives, a loss in their regular wages, and a negative impact on their families. Employers also experience loss; for example, a decrease in worker morale and the loss of experienced workers; an increase in costs arising from repair and/or replacement of equipment, materials, and product; and administrative costs such as time to hire or re-train replacement workers. Development, implementation and evaluation of an OH&S program will be instrumental in preventing workplace accidents and injuries and the associated costs for both employers and workers. This booklet is designed to provide all workplace parties with a basic overview of an OH&S program. It gives an outline of the legislative requirements for provincially and federally regulated workplaces, the roles and responsibilities of workplace parties, and a description of an OH&S program. For commonly used OH&S terms, please refer to Appendix A Glossary. 1

5 More Information For more information on building a health and safety program, there are several booklets and information resources available in this series. Fact Sheets: Introduction to an OH&S Program Leadership and Administration OH&S Committees Education & Training Safe Work Practices and Procedures Hazard Recognition, Evaluation and Control Workplace Inspections Accident and Incident Investigation Disability Management Ergonomics and the OH&S Program Worker Health and Safety Representative/Workplace Health and Safety Designate Look for these fact sheets in the near future: Communication Emergency Preparedness Booklets: Guide to Writing an Occupational Health &Safety Policy Occupational Health & Safety Committees Introduction to an Occupational Health and Safety Program Workplace Inspections Accident/Incident Investigations Look for these booklets in the near future: Communication Emergency Preparedness 2

6 Occupational Health and Safety Program An OH&S program is a process for managing health and safety issues in the workplace. It leads to the prevention of injury, illness and property damage and a decrease in the associated human and financial costs. An OH&S program must be communicated on a continuous basis and tailored to the specific needs of the workplace. When the OH&S program is effective, it is the most important means of creating a positive health and safety culture. Requirements for an OH&S Program The requirement for an OH&S program may differ depending on whether a workplace is provincially or federally regulated. Contact information for obtaining provincial and federal OH&S legislation can be found at the beginning of this booklet and in Appendix B References to Legislation. The legislative references in Appendix B refer to the content in this booklet and may not be complete. Workplace parties must refer to the appropriate legislation to find complete information regarding legislative requirements for developing an OH&S program. Provincially Regulated Employers The majority of employers in Newfoundland and Labrador must follow provincial legislation: Occupational Health and Safety Act and Occupational Health and Safety Regulations. Under provincial legislation, in workplaces where 10 or more workers are employed, the employer is required to establish and maintain an OH&S program in consultation with the OH&S committee. In workplaces where less than 10 workers are employed, the employer is required to ensure a worker health and safety (WH&S) representative is in place to monitor the health, safety and welfare of workers. And in workplaces with less than six workers employed and where it is 3

7 impractical to assign a WH&S representative, the employer may designate a workplace health and safety designate to monitor the health, safety and welfare of workers. Federally Regulated Employers Employers that are federally regulated must follow the Canada Labour Code-Part II (Code). Under this legislation, employers are responsible for developing, implementing and monitoring a prescribed program for the prevention of hazards in the workplace in consultation with the health and safety committee, policy committee or the health and safety representative. The Code applies to the following inter-provincial and international industries: railways; highway transport; telephone and telegraph systems; pipelines; canals; ferries, tunnels and bridges; shipping and shipping services; radio and television broadcasting and cable systems; airports; banks; grain elevators licensed by the Canadian Grain Commission, and certain feed mills and feed warehouses, flour mills, and grain seed cleaning plants; the federal public service and persons employed by the public service and about 40 Crown corporations and agencies; employment in the operation of ships, trains and aircraft; and the exploration and development of petroleum on lands subject to federal jurisdiction. Note: Part II of the Canada Labour Code does not apply to certain undertakings by the Nuclear Safety and Control Act. 4

8 Both provincial and federal legislation are minimum guides for developing OH&S policies and procedures in workplaces. Therefore, best practices and industry standards should also be incorporated into all areas of the workplace to increase the effectiveness of the OH&S program. Best practices are standards that exceed basic OH&S legislative requirements and are aimed at doing work in the safest possible way. For the purpose of this booklet, the duties and responsibilities of OH&S committees will also include those of worker health and safety representatives and workplace health and safety designates in provincially regulated workplaces and health and safety representatives in federally regulated workplaces. The following table suggests legislation that refers to the duties of employers, workers and OH&S committees, and requirements for an OH&S program. Appendix B References to Legislation following legislation. contains details of the OH&S Act OH&S Regulations Canada Labour Code Part II Sections Sections Sections 2 (f), (j) (f), (j), (m), and (n) (1) 42.1 (1), (2), (3) (1) (z), (z.03), (z.04), (z.09), (z.13), (z.19) (1) 135 (1) 136 (1), (2) 5

9 Employers must also comply with industry-specific or hazard-specific legislation. Some of these fall under: Asbestos Abatement Regulations; Asbestos Exposure Code Regulations; OH&S First Aid Regulations; Workplace Hazardous Materials Information System (WHMIS) Regulations; Radiation Health and Safety Act and Regulations; Mines Safety of Workers Regulations, and Workplace Health, Safety and Compensation Act and Regulations. Penalties for Non-Compliance Under provincial and federal OH&S legislation: People and corporations who do not comply with the provisions for health and safety can be held legally responsible. If a person or corporation is found guilty of a health and safety offence, penalties may include fines, creative sentencing and/or imprisonment. Under the Criminal Code of Canada: On October 31, 2003, the Government of Canada passed Bill C-45 (now section of the Criminal Code of Canada Duties of persons directing work ) which helps to ensure Canadian organizations are held criminally responsible when they commit criminal offences in relation to health and safety in the workplace. Role of Workplace Parties Internal Responsibility System Developing and maintaining an effective OH&S program is a shared responsibility of all workplace parties based on their level of authority in the workplace. It means everyone works co-operatively, shows ownership for the program and is committed to preventing injury, illness and property damage in the workplace. This shared responsibility is known as the Internal Responsibility System. The OH&S legislation in Canada is based on the philosophy of the internal We all have responsibility for OH&S. 6

10 responsibility system (IRS). The IRS is more than a group of people working together to improve workplace health and safety; it is more than workers' three basic rights; and it is more than a partnership between labour, industry and government to ensure workplace health and safety. It is every individual taking personal responsibility and accountability for workplace health and safety: the employer must take reasonable measures to ensure the health, safety and welfare of workers; and workers must take reasonable care to protect their own health and safety and that of workers and others at or near the workplace. Employers, workers and OH&S committees all have duties under OH&S legislation. To meet their legislative requirements for establishing and maintaining an OH&S program, employers need to identify the OH&S roles and responsibilities for the workplace parties in their specific workplaces. Following are examples of roles and responsibilities based on legislative requirements and best practice. Employers are to 7 demonstrate leadership by allocating sufficient resources to establish an effective OH&S program in consultation with the OH&S committee; ensure the OH&S program is implemented, monitored, evaluated and revised as appropriate; review the OH&S program to ensure it fits with the IRS; ensure all workers are provided with the education and training needed to understand their responsibility to take reasonable care to protect their own health and safety and the health and safety of others at or near the workplace; provide and maintain a workplace with safe equipment, systems and tools; provide orientation, information, training, supervision and facilities to ensure the health, safety and welfare of workers; make sure all workers are familiar with hazards they may be exposed to in their work; ensure the safety of those visiting the workplace; provide instruction in the operation of protective devices and equipment; consult and co-operate with the OH&S committee on all OH&S matters;

11 respond to recommendations of the OH&S committee; provide the OH&S committee with periodic updates on the implementation of recommendations; carry out formal workplace inspections; consult with the OH&S committee about scheduling workplace inspections; ensure the OH&S committee participates in workplace inspections; provide, when requested, the written OH&S program to the OH&S committee, a worker or an officer; and report accidents that result in or have the potential to result in serious injuries or death to the assistant deputy minister and the OH&S committee. Managers and Supervisors are to lead by example; ensure workers take reasonable care to protect their own health and safety and the health and safety of others at or near the workplace; ensure the IRS is functioning; include OH&S responsibilities in worker hiring and orientation; encourage workers to report OH&S unsafe conditions to their immediate supervisor as soon as possible; respond appropriately to reports of OH&S concerns and unsafe conditions; arrange safety talks; demonstrate leadership by using safe work practices and procedures; observe work to ensure safe work practices and procedures are followed; bring unresolved OH&S concerns to management; and include OH&S responsibilities in worker hiring and orientation. All Workers including Managers and Supervisors are to take reasonable care to protect their own health and safety and the health and safety of others at or near the workplace; report unsafe conditions to their supervisor as soon as possible; and if it is not resolved, report it to the OH&S committee; 8

12 co-operate with others in the workplace to resolve OH&S concerns; use safety devises and equipment and follow safe work practices and procedures; consult and co-operate with the OH&S committee; use protective clothing, equipment and devices in accordance with instructions for use and training provided; and participate in health and safety training. OH&S Committees are to Report unsafe work conditions to your supervisor as soon as possible! co-operate with the employer in establishing of an OH&S program ; establish and promote health and safety educational programs for workers; support the IRS by encouraging all workers to take reasonable care to protect their own health and safety and the health and safety of others at or near the workplace; monitor the health, safety and welfare of workers employed at the workplace; monitor and evaluate all parts of the OH&S program to ensure they are in place and effective; participate in workplace inspections; participate in training provided for OH&S committees; establish and promote OH&S education and training for workers; encourage workers to report unsafe conditions to their supervisor, and if it is not resolved, report it to the OH&S committee; review all workplace inspection reports, accident/incident investigation reports, hazard assessments, etc. and make recommendations to employers for corrective action; identify workplace aspects that may be unhealthy or unsafe; participate in the right to refuse unsafe work as required; receive concerns from workers about their health and safety; maintain records of worker health and safety complaints; attend committee meetings; hold meetings at least once every three months; and record minutes, post in the workplace and file with the Workplace Health, Safety and Compensation Commission (the Commission). 9

13 Parts of an OH&S Program There are several aspects and components common to all OH&S programs. It is important to remember that each part of the program must be tailored to meet the individual needs of a specific workplace. Consideration must also be given to how all the individual parts of the program interact with each other. One aspect of OH&S that needs to be included in all parts of an OH&S program is ergonomics. Often, employers and workers think of ergonomics and OH&S as two distinct items requiring two separate committees and/or programs. However, resources including time, funding and people do not always allow the opportunity for both an OH&S committee and an ergonomics or soft tissue injury prevention committee. Therefore, ergonomics can be incorporated into each part of an OH&S program. If ergonomics is not addressed in some form, soft tissue injuries will increase leading to increased costs to both the employer and workers. It is important to regularly review the OH&S program to ensure changes, revisions and updates are made, especially when there are changes to equipment, tools, work processes, or when hazards are identified. When an OH&S program is in place, and when safe work practices and procedures become a part of how work is done, then a positive health and safety culture can begin to develop and grow. Leadership and Administration Establishing and maintaining an effective OH&S program in the workplace depends on strong leadership. The leadership comes from two main groups the employer and the OH&S committee. The employer must provide the financial and human resources needed to establish and monitor the program; they must ensure workplace parties are involved and take their health and safety responsibilities seriously; and they must ensure ergonomics is incorporated into all parts of the OH&S program. The employer must also consult with the OH&S committee in the establishment of the OH&S program. OH&S committees also have an important leadership role. By being involved and participating in establishing and evaluating the OH&S program, they demonstrate leadership. 10

14 Excellent ways of getting the OH&S program started and of ensuring all workplace parties feel ownership are to: develop an OH&S policy; involve workers at all levels in developing the OH&S policy; ensure the OH&S policy outlines the need for co-operation and commitment to OH&S including ergonomics; include the responsibilities of all workplace parties; communicate the policy to all workplace parties; and post the policy. It takes a strong team and tremendous effort to incorporate the OH&S program into all daily activities in the workplace. It is only with this kind of effort and co-operation that the OH&S program can be effective and lead to an environment where a positive health and safety culture can grow. Communication Effective communication is essential to the success of an OH&S program. To ensure effective communication, health and safety information must flow between all workplace parties. Employers, all workers and OH&S committee members all have a right to express their ideas or concerns regarding OH&S. This can be accomplished through the development and implementation of communication procedures for each part of the OH&S program. OH&S Goals decrease injuries develop safe work procedures perform hazard assessments on all job tasks It is important to be aware of the barriers to effective communication and how to overcome them. OH&S communication is successful when all workplace parties integrate OH&S into every part of their work activities. OH&S Committees An OH&S committee is an advisory group made up of representatives of the employer and the workers in a workplace. The committee is an important communication link between workers and management. As part of the internal responsibility system, the OH&S committee works closely with the employer to promote a positive health and safety culture. It is important for 11

15 the OH&S committee to be educated and trained in the area of ergonomics so that they can monitor how it is incorporated into activities such as accident/incident investigations, workplace inspections, etc. In provincially-regulated workplaces, where 10 or more workers are employed, the employer is required to establish an OH&S committee. In federally regulated workplaces, for each workplace controlled by the employer at which twenty or more employees are normally employed, the employer is required to establish a workplace health and safety committee; and for each workplace that normally employs directly three hundred or more employees, the employer shall establish a policy health and safety committee. Education and Training All workers must be familiar with safe work practices and procedures so they can do their jobs as safely as possible. A program where new workers receive a safe-work orientation, where all other workers receive ongoing education and training, and where workplace parties know and take their OH&S responsibilities seriously are all essential to building a positive health and safety culture. Education and training should take place on a regular basis and at every level of the workplace. Education and training is needed when: new workers start their jobs; workers return to work after extended absences; workers are assigned new job tasks; changes are made to processes and procedures or to substances, equipment or tools used; hazards are recognized through workplace inspections, accident/incident investigations, hazard assessments, etc.; and trends indicate it. Education and training in ergonomics is also important for all workplace parties and should include implementation of suitable and practical controls for ergonomic risks. 12

16 A process for education and training should be in place to ensure those contracted to do work know the safe work practices and procedures to be followed in the workplace. Safe Work Practices and Procedures Safe work practices and procedures are aimed at ensuring work is carried out in the safest and healthiest way possible. Incorporating ergonomics into safe work practices and procedures, in particular for jobs that involve risk factors such as excessive force, duration, repetition and awkward positions, will help to reduce and prevent soft tissue injuries. OH&S Because they know their job tasks better than anyone else, those carrying out the work should be involved in developing safe work practices and procedures. They should also be involved in reviewing and revising them on a regular basis or when there are changes to work processes, equipment and tools. Being involved in this way gives everyone a sense of ownership for both their own work and the OH&S program. An effective OH&S program ensures all workplace parties are educated in their responsibilities for following safe work practices and procedures and are trained in how to protect their own health and safety and the health and safety of others at or near the workplace. Ensuring all workplace parties take this responsibility seriously demonstrates that the employer is serious about the prevention of workplace injury and illness. Making safe work practices and procedures a part of all job tasks leads to an environment where a positive health and safety culture can grow. 13

17 Hazard Recognition, Evaluation and Control Hazards exist in all workplaces. Employers are required to include a system for the recognition, evaluation, and control of hazards in their OH&S program. The ability to adequately recognize, evaluate and control hazards can have a major impact on preventing injuries, illness and property damage in the workplace. Ergonomic considerations should be a part of each step in a hazard assessment. A hazard assessment is made up of three steps: hazard recognition ways of recognizing hazards include: conducting workplace inspections and accident/incident investigations, reviewing material safety data sheets (MSDSs), completing task analyses, and observing work processes; hazard evaluation this means finding out how severe the hazard is and the likelihood of injury, illness or property damage occurring; and hazard control or corrective action implementing a means of totally eliminating the hazard or reducing the chances of it causing illness, injury or property damage. When a control is implemented, a process to monitor and evaluate its effectiveness should also be put in place. Workplace Inspections Workplace inspections are regular examinations of the workplace conducted to ensure a healthy and safe work environment. They provide opportunities to find and correct existing and potential hazards thus preventing injury, illness and property damage. Employers are required to develop procedures and schedules for regular workplace inspections. Employers must consult with their OH&S committees about scheduling workplace inspections and ensure their committees actively participate in conducting the inspections. 14

18 The OH&S committee should also review all formal workplace inspection reports to: ensure workplace inspections are carried out as required; identify hazard trends; identify specific areas of the workplace that require close monitoring; develop recommendations for controls/corrective actions and forward them to the employer; and monitor the implementation and effectiveness of controls/corrective actions. Workplace Inspections Checklist Checklist Items Location Conditions/Notes Ventilation System System meets standards System free from dust, fumes, etc System controls smoke, dust and fumes Complaints of headaches, skin or eye irritation Exhaust systems are prevented form returning to the workplace Lighting Adequate illumination during the day Adequate illumination during the night Glare from light source Effect from moving equipment(e.g. fans) or trees Stairs Free from objects Safe angle Free from clutter Adequate lighting Safe riser height and width Railing available Exits Signage present Width/wheelchair accessibility Ice controls Direction of openings Mechanical hardware Door kept closed Ergonomics Excessive force when lifting, pushing or pulling heavy loads Repetitive movements required High paced production Awkward postures used Workers using proper lifting techniques Accident/Incident Investigations Workplace accidents and incidents are preventable; but if an accident or incident occurs, an investigation should be conducted to find the root cause(s) and recommend controls/corrective actions to prevent it from happening again. Incidents or near misses are warning signs that something is wrong in the workplace. If they are not addressed, an accident will likely result; therefore, it is important to investigate incidents as well as accidents. Ergonomic considerations should be a part of all accidents/incidents investigations. Employers are required to have procedures in place for investigating hazardous occurrences. The OH&S committee should review all accident/incident investigation reports to: ensure accidents/incident investigations are being carried out; identify trends in incidents and in injury, illness and property damage including ergonomic trends; identify specific areas of the workplace that require close monitoring; review the recommendations for controls/corrective actions and forward them to the employer; make other recommendations as appropriate; and monitor the implementation and effectiveness of controls/corrective actions. 15

19 Emergency Preparedness/Response An emergency can happen at any time and can result in mass confusion. Having an effective emergency preparedness/response plan can minimize loss and enhance a quick return to normal operations. Employers are required to include an emergency response plan in their OH&S program. Types of emergencies may include fires, bomb threats, hostage situations, floods, and armed robberies. The emergency response plan should ensure workers are trained in their responsibilities, detail available organizational resources, include ergonomic considerations such as ensuring signs and equipment are easily accessible, and list outside organizations which can offer aid. An effective emergency response plan minimizes loss to people, equipment, materials and the environment. Periodically, emergency preparedness/response drills should be coordinated and carried out with local responders (fire fighters, police officers, and emergency medical personnel) to increase workers awareness and familiarity with the emergency preparedness/response plan. There is an effective response for every situation; but being prepared means having trained people, adequate equipment and organized systems. It is essential to plan ahead, predict what could go wrong and practice appropriate responses. All workplace parties should be aware of the emergency preparedness/response plan and should know the role they play in it. Managers and supervisors should regularly schedule a review of the plan during staff meetings or at safety/toolbox meetings, etc. 16

20 Disability Management Disability management has two components: 1. It is a workplace prevention plan that aims to prevent disability from occurring in the first place. 2. If a disability occurs, it aims to intervene to assist the disabled worker to return to work as safely and as quickly as possible. Since the early 1900s, the scope of services included in disability management has expanded greatly. Initially, the focus was on return-to-work programs for those who sustained an occupational injury or illness. The focus has now shifted to include disability prevention and benefits for those with occupational and non-occupational disabilities. Disability management programs may include health promotion, employee assistance programs (EAP), disease management, data management and case management services. These are all aimed at improving physical, psychological and social health of the workforce; encouraging job retention; and easing the human and financial costs of disability for both employers and workers. A disability management program benefits workers and employers because, from a prevention viewpoint, it aims to find signs of disability early and resolve them before disability occurs; and from a disability perspective, it aims to provide a smooth transition back to the workplace after an illness or injury. When assisting disabled workers to return to work, ergonomic considerations are an important part of the plan. They include such aspects as: describing the physical demands of the job so that physicians and/or health care providers can better determine a worker's return-to-work capabilities; having workers review the physical demands of the job to ensure they can perform the job safely; listing essential tasks of the workplace to assist workers in early and safe return to work; and allowing flexibility so that adjustments or accommodations to the work environment, duties and/or hours of work may be made. 17

21 Conclusion The employer and the OH&S committee should continuously monitor the OH&S program to ensure its effectiveness. Provincial employers are required to review and, where necessary, revise the OH&S program at least every three years where there is a change in circumstances that may affect the health and safety of workers, or when an officer requests a review. All parts of an OH&S program are inter-related. Therefore, when there is a change in one part, all other parts are affected. The following is an example of this. Example: A hazard was recognized as the result of an accident/incident investigation Other parts of the program affected: hazard is recognized through an accident/incident investigation; hazard is evaluated, including ergonomic risks; the OH&S committee reviews the accident/incident investigation report and sends recommendations to the employer; the employer provides resources to control the hazard thus demonstrating leadership; hazard control is put in place; a safe work procedure is developed for the use of the control; the hazard and how to control it are communicated to workers; workers are trained in the need to use the control; workers are trained on how to use the control; appropriate training on how to control the hazard is added to OH&S orientation training; the control is added to the workplace inspection checklist to monitor it for effectiveness; the accident/incident investigation report is reviewed to determine any affect on the emergency preparedness/response plan; and if a worker(s) was injured, the disability management program ensures the worker returns to work as safely and quickly as possible. 18

22 The OH&S program is also part of the overall organizational system and should be incorporated into such areas as purchasing, budgeting, finance, facilities management, maintenance, etc. This means that when changes are made in business operations in the workplace, an analysis should be done to determine the potential impact, including ergonomic impact, on the components of the OH&S program. This booklet provides an overview of the parts commonly found in most OH&S programs. All workplace parties have a part to play in making sure the program is successful. Employers and OH&S committees have an added responsibility to show leadership by working co-operatively to ensure the program is established, monitored, evaluated, revised where appropriate and communicated to all workplace parties. The OH&S program can be effective if all workplace parties work together to make it happen! 19

23 Appendix A Glossary...23 Appendix B References to Legislation...27 APPENDICES

24 Appendix A - Glossary Appendix A Glossary 21 Accident Basic/root cause Best practice Controls Direct (immediate) cause Due Diligence Employer Ergonomics an unplanned event that results in a personal injury or illness, damage or loss of property, process or environment. see root/basic cause performance standards developed by employers, workers and OH&S professionals which exceed basic OH&S legislative requirements and which strive toward doing work in the safest possible way. measures that are implemented to eliminate or minimize hazards in the workplace. These controls are established as either engineering (first line of defence), administrative, or personal protective equipment (used as a last resort). those unsafe objects, conditions or behaviours which occur immediately before an accident/ incident; for example, inadequate guards and barriers, defective tools, and improper lifting. These are not the root cause. occurs when actions normally considered reasonable in a particular circumstance are taken. In cases where a serious workplace injury occurs and legal action is taken, a due diligence defence can be mounted if the person charged did everything a reasonable person would do in the same situation to prevent the injury. a person who employs one or more workers [ OH&S Act, section 2 (f)]. a science that seeks to adapt work or working conditions to suit the worker. The aim is the evaluation and design of facilities, environments, jobs, training methods and equipment to match the capabilities and limitations of workers and reduce the potential for fatigue, error or unsafe acts.

25 Formal workplace inspections regularly scheduled examinations carried out as a means of preventing injury, illness and property damage and of ensuring a safe and healthy workplace. They are formally documented with the use of a checklist and a report that includes recommendations for corrective actions. Hazard dangerous object, event, behaviour or condition which has the potential to cause injury, illness or property damage. Incident (near miss; potential accident) an undesired event that could have resulted in injury, illness or damage to property, process or environment. Informal workplace inspections daily routines used as a means of preventing injury, illness and property damage and of ensuring a safe and healthy workplace; for example, a supervisor s walkthrough or a worker s routine equipment check. Informal inspections are usually not scheduled or documented and do not require a checklist. Internal responsibility system A philosophy guiding OH&S legislation in all Canadian jurisdictions. It is a system where all workplace parties employers, workers including supervisors and managers, and OH&S committees share in the responsibility for workplace health and safety to the degree of each party s authority and ability to do so. Occupation OH&S committee employment, business, calling or pursuit but does not include an endeavour that is not included in one of the classes of occupations in the current Canadian Classification and Dictionary of Occupations, [OH&S Regulations, section 2(f)]. a committee required to be established by the employer in workplaces with 10 or more workers. The OH&S committee must consist of representatives of the employer and the workers at the workplace. Sections 37, 38, 38.1, 39, 40 and 45 of the OH&S Act describe the composition and duties of the committee, and the training and meeting requirements. Further requirements for OH&S committees can be found in section 21 of the OH&S Regulations. 22 Appendix A Glossary

26 Appendix A Glossary 23 Procedures (in relation to the OH&S program) Risk Root/basic cause Serious accident Serious injury Supervisor step by step way for completing of the OH&S program components. chance of loss based on: (a) the probability of an injury, illness, damage or loss of property, process or environment; and (b) the possible severity of the injury, illness, damage or loss of property, process or environment. the real cause of an accident/incident and the reason why it occurred; for example, inadequate design, lack of knowledge or skill, physical and physiological stress, etc. The root cause is usually not immediately evident and requires investigation. an accident resulting in death, permanent or temporary disability, excessive property damage, or accidental release of pollutants with significant effects. More specifically, serious accidents are those accidents meriting in-depth investigation and are defined in the OH&S Act, section 54(3). a fracture of the skull, spine, pelvis, femur, humerus, fibula, tibia, radius or ulna; an amputation of a major part of a hand or foot; the loss of sight of a eye; a serious internal hemorrhage; a burn that requires medical attention; an injury caused directly or indirectly by explosives; an asphyxiation or poisoning by gas resulting in a partial or total loss of physical control; or any other injury likely to endanger life or cause permanent injury. A serious injury does not include injures to a worker of a nature that may be treated through first aid or medical treatment and the worker is able to return to his or her work either immediately after the treatment or at his or her next scheduled shift [ OH&S Act, section 54(3)]. includes a superintendent, foreman or other worker authorized or delegated to exercise direction and control over workers of an employer [OH&S Regulations, section 2 (j)].

27 Unsafe act Unsafe condition Worker Workplace Workplace Health, Safety and Compensation Commission Workplace parties departure from an accepted, normal or correct procedure or practice which has actually produced injury or property damage or which has the potential for producing such loss. departure from a standardized, accepted or normal physical state to create circumstances which increase the likelihood of an accident. a person engaged in an occupation [ OH&S Act, section 2 (m)]. a place where a worker or self-employed person is engaged in an occupation and includes a vehicle or mobile equipment used by a worker in an occupation [ OH&S Act, section 2 (n)]. an employer-funded no-fault insurance system that promotes safe and healthy workplaces, provides returnto-work programs and offers compensation to injured workers and their dependants. those who perform work or are responsible for the performance of work in a workplace. They include employers, workers including managers and supervisors, and the OH&S committee. 24 Appendix A Glossary

28 Appendix B References to Legislation Important Note: The legislative references included in this section are not official versions. For official versions of the legislation, please see below. The legislative references in Appendix B refer to the content in this booklet and may not be complete. Workplace parties must refer to the appropriate legislation to find complete information regarding legislative requirements for developing an OH&S program. Provincial legislation contact information: For official copies of the Occupational Health and Safety Act and the Occupational Health and Safety Regulations please contact: Office of the Queen's Printer Ground Floor Confederation Building, East Block St. John's, Newfoundland and Labrador Telephone: (709) Unofficial copies are available on-line at: APPENDIX B - References to Legislation 25 Federal legislation contact information: For an official copy of the Canada Labour Code please contact: Canadian Government Publishing, Communication Canada Ottawa, Ontario K1A 0S9 Telephone: (709) Bookstores: (613) or FAX: (613) or Internet: Unofficial copies are available on-line at:

29 OH&S Act 2. Definitions In this Act (f) employer means a person who employs 1 or more workers; (j) principal contractor means the person primarily responsible for the carrying out of a project and includes the person who owns the thing in respect of which the project is being carried out; (m) worker means a person engaged in an occupation; and (n) workplace means a place where a worker or self-employed person is engaged in an occupation and includes a vehicle or mobile equipment used by a worker in an occupation. 4. Employers general duty An employer shall ensure, where it is reasonably practicable, the health, safety and welfare of his or her workers. 5. Specific duties of employers Without limiting the generality of section 4, an employer (a) shall, where it is reasonably practicable, provide and maintain a workplace and the necessary equipment, systems and tools that are safe and without risk to the health of his or her workers; (b) shall, where it is reasonably practicable, provide the information, instruction, training and supervision and facilities that are necessary to ensure the health, safety and welfare of his or her workers; (c) shall ensure that his or her workers, and particularly his or her supervisors, are made familiar with health or safety hazards that may be met by them in the workplace; (d) shall, where it is reasonably practicable, conduct his or her undertaking so that persons not in his or her employ are not exposed to health or safety hazards as a result of the undertaking; (e) shall ensure that his or her workers are given operating instruction in the use of devices and equipment provided for their protection; (f) shall consult and co-operate with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate, where the employer is not the workplace health and safety designate, on all matters respecting occupational health and safety at the workplace; 26 APPENDIX B - References to Legislation

30 (f.1) shall respond in writing within 30 days to a recommendation of (i) the occupational health and safety committee at the workplace, (ii) the worker health and safety representative at the workplace, or (iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace indicating that the recommendation has been accepted or that it has been rejected, with a reason for the rejection; (f.2) shall provide periodic written updates to (i) (ii) the occupational health and safety committee at the workplace, the worker health and safety representative at the workplace, or (iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace on the implementation of a recommendation accepted by the employer until the implementation is complete; (f.3) shall consult with (i) the occupational health and safety committee at the workplace, (ii) the worker health and safety representative at the workplace, or (iii) where the employer is not the workplace health and safety designate, the workplace health and safety designate at the workplace about the scheduling of workplace inspections that are required by the regulations, and ensure that the committee, the worker health and safety representative or the workplace health and safety designate participates in the inspection; and (g) shall co-operate with a person exercising a duty imposed by this Act or regulations. APPENDIX B - References to Legislation Workers' general duty A worker, while at work, shall take reasonable care to protect his or her own health and safety and that of workers and other persons at or near the workplace. 7. Specific duties of workers A worker (a) shall co-operate with his or her employer and with other workers in the workplace to protect (i) (ii) his or her own health and safety, the health and safety of other workers engaged in the work of the employer,

31 (iii) the health and safety of other workers or persons not engaged in the work of the employer but present at or near the workplace; (a.1) shall use devices and equipment provided for his or her protection in accordance with the instructions for use and training provided with respect to the devices and equipment; (b) shall consult and co-operate with the occupational health and safety committee, the worker health and safety representative or the workplace health and safety designate at the workplace; and (c) shall co-operate with a person exercising a duty imposed by this Act or regulations Health and safety program (1) Where 10 or more workers are employed at a workplace, the employer shall establish and maintain an occupational health and safety program in accordance with the regulations. (2) An occupational health and safety program shall be established in consultation with the occupational health and safety committee at the workplace. (3) An occupational health and safety program shall include those documents that may be prescribed in the regulations. (4) An occupational health and safety program shall be in writing and shall, when requested, be provided to the occupational health and safety committee, a worker at the workplace and an officer. 37. Committees Where 10 or more workers are employed at a workplace, the employer shall establish an occupational health and safety committee to monitor the health, safety and welfare of the workers employed at the workplace. 39. Duties of committees A committee established under section 37 (a) shall seek to identify aspects of the workplace that may be unhealthy or unsafe; (a.1) shall participate in a workplace inspection that an employer is required by the regulations to conduct; (b) may make recommendations to principal contractors, employers, workers, self-employed persons and the assistant deputy minister or an officer for the enforcement of standards to protect the health, safety and welfare of workers at the workplace; 28 APPENDIX B - References to Legislation