WORKPLACE INSPECTIONS

Transcription

1 PURPOSE OF THIS GUIDE The Workplace Health, Safety and Compensation Commission is developing resource materials to help workplace parties employers and workers including supervisors and managers, and occupational health and safety committees to carry out their responsibilities for health and safety in the workplace. This specific booklet, Workplace Inspections, is designed to provide workplace parties with an understanding of their role in effective Workplace Inspections. It includes an outline for planning and the six steps involved in conducting Workplace Inspections. Sample workplace inspections checklist and workplace inspections report forms are also included in this booklet. 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) Toll free or Human Resources and Social Development Labour Program, Newfoundland and Labrador office Phone: (709) (call collect outside St. John s) WORKPLACE INSPECTIONS May

2 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.

3 May, 2006 Legislative Requirements The legislation is a minimum guide for developing occupational health and safety policies and procedures in workplaces. However, best practices should be incorporated into all areas of businesses/organizations to increase the effectiveness of the OH&S program. The majority of employers in Newfoundland and Labrador must follow provincial legislation for occupational health and safety: Occupational Health and Safety Act Occupational Health and Safety Regulations For official copies of the Occupational Health and Safety Act and the Occupational Health and Safety Regulations please contact the following: Office of the Queen's Printer Ground Floor Confederation Building, East Block St. John's, Newfoundland and Labrador A1B 4J6 Telephone: (709) Unofficial copies are available on-line at: Some employers fall under federal jurisdiction and must follow the Canada Labour Code-Part II ( Code). 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, Part II does not apply to certain undertakings regulated by the Nuclear Safety and Control Act. For an official copy of the Canada Labour Code please contact: Canadian Government Publishing, Communication Canada Ottawa, ON K1A 0S9 Telephone: (613) or FAX: (613) or Internet: Unofficial copies are available on-line at:

4 Introduction... More Information...2 Workplace Inspections... 3 Definitions...3 Benefits of Workplace Inspections...3 Requirements...4 Procedures...5 Reasons for Conducting Workplace Inspections...6 Roles in Workplace Inspections...6 Employers are to...6 All Workers including Managers and Supervisors are to...7 OH&S Committees are to...7 Other Agencies...8 Steps in the Workplace Inspections Process...9 Step 1 Planning Workplace Inspections...10 Scheduling Workplace Inspections...10 Sample Workplace Inspections Schedule...11 Workplace Inspection Checklist...12 Floor Diagram Used in Inspections...13 Preparing for Workplace Inspections...13 Step 2 Conducting Workplace Inspections...14 Step 3 Completing Workplace Inspections Reports...15 Items to Include in Workplace Inspections Reports...15 Distributing Copies of Workplace Inspection Reports...15 Step 4 Monitoring Corrective Actions...17 Role of OH&S Committees in Evaluating Workplace Inspections Inside this Guide Workplace Inspections and the OH&S Program...19 Conclusion...20 Appendix A Glossary...22 Appendix B References to Legislation...26 Appendix C Sample Workplace Inspections Checklist # Appendix D Sample Workplace Inspections Checklist # Appendix E Sample Floor Diagram...37 Appendix F Sample Workplace Inspections Report Form # Appendix G Sample Workplace Inspections Report Form #2...39

5 Introduction As part of the internal responsibility system, all workplace parties employers, workers including managers and supervisors, and occupational health and safety (OH&S) committees have a shared responsibility for the OH&S program. This means everyone works co-operatively, shows ownership for the program and is committed to preventing injury, illness and property damage in the workplace. Under provincial legislation, where 10 or more workers are employed in a workplace, 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 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. For federally regulated workplaces, 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. For the purpose of this booklet, the duties and responsibilities of the OH&S committee 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. This booklet is designed to assist those responsible to carry out effective workplace inspections. It provides important information about workplace inspections including reasons for conducting them, the role of the different parties, the four steps in the workplace inspections process, and the connection workplace inspections have with the other parts of an OH&S program. Best practice is a standard that exceeds minimum legislative requirements and supports working in the safest possible way. Conducting effective workplace inspections more often than required, following workplace inspections procedures, and regularly monitoring, evaluating and revising workplace inspections all demonstrate best practice. For commonly used OH&S terms, please refer to Appendix A Glossary. 1

6 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 Elements Worker Health and Safety Representatives/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

7 Workplace Inspections Workplace inspections are an important part of an OH&S program. They involve a process for monitoring workplace health and safety; and they are one of the main ways of recognizing, evaluating and controlling hazards in the workplace. Ergonomic considerations should always be included in workplace inspections. Including workplace inspections in the OH&S program strengthens the internal responsibility system and is essential to building a positive health and safety culture in the workplace. Definitions Workplace inspections are regular examinations of the workplace that consist of examining the workplace to recognize and evaluate existing and potential hazards and recommend corrective action. There are two main types of workplace inspections formal and informal: Formal workplace inspections are regularly scheduled examinations that are formally documented with the use of a checklist and a report that includes recommendations for corrective actions. Informal workplace inspections are routine checks of the workplace or equipment usually carried out on a daily basis to prevent injury, illness and property damage. Examples may include a supervisor s walk-through or a worker s daily equipment check. Informal workplace inspections are usually not scheduled and may not require a checklist. However, they are an important means of recognizing hazards. Benefits of Workplace Inspections Conducting regular workplace inspections: prevents injury, illness and property damage in the workplace; assists in recognizing hazards, including ergonomic risks; strengthens the overall internal responsibility system; ensures a healthy and safe work environment for employers, workers and visitors; and is essential in building an effective OH&S program and a positive health and safety culture in the workplace. 3

8 Requirements Employers are required to develop procedures and schedules for regular workplace inspections. They are also required to maintain a workplace and the necessary equipment, systems and tools that are safe and without risk to their workers. Maintaining a healthy and safe workplace would also include ergonomic considerations. To determine how often workplace inspections need to be conducted daily, weekly, monthly, annually, etc. employers need to determine what is necessary to ensure the recognition, evaluation and control of workplace hazards. Reviewing the following may assist them to make that determination: the industry involved; the kinds of work carried out; the risks and hazards involved in the work and in the environment, including ergonomic risks; the number of different work areas; the number of workers in each work area; the hours of operation; the pace of the work; and other factors that are reasonable to include. Employers must also consult with their OH&S committees about scheduling workplace inspections and ensuring their committees actively participate in conducting them. Specific OH&S requirements for employers who are provincially regulated can be found in the Occupational Health and Safety Act and Regulations. Requirements for federally regulated employers can be found in the Canada Labour Code, Part II. 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 only 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. 4

9 Employers must also comply with industry-specific or hazardspecific 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. Employers should be aware of the legislation related to their industry and to specific hazards in their workplaces. Appendix B References to Legislation contains details of the following legislation. OH&S Act OH&S Regulations Canada Labour Code Part II Sections Sections Sections 4 5 (a) 5 (f) 5 (f.3) (i) 6 39 (a.1) (1) (f) (i), (ii), (iii) 4 (1) (j) 5 (1) 6 21 (9) (1) (z.12) (1), (4) (d) 135 (1), (7) (e), (k) Procedures As an important part of the OH&S program, workplace inspections should have procedures to ensure their effectiveness. Workplace inspections procedures are the step by step process for completing workplace inspections. The procedures should identify those responsible for conducting and those responsible for communicating each step of the inspection. Ergonomic considerations should be a part of all workplace inspection procedures. 5

10 Reasons for Conducting Workplace Inspections List the reasons for conducting workplace inspections: Did you include Reasons for conducting workplace inspections are to prevent workplace injury, illness and property damage; recognize existing and potential hazards including ergonomic risks; recommend and monitor corrective actions; gain a better understanding of work processes and tasks; improve communication between workplace parties; encourage workplace parties to voice their OH&S concerns; increase knowledge and understanding about preventing injury, illness and property damage; raise awareness of the role of OH&S committees; improve OH&S in the workplace; and ensure a healthy and safe environment. Roles in Workplace Inspections In keeping with the internal responsibility system and with best practice, workplace parties have a role in workplace inspections. To meet their legislative requirements for establishing and maintaining an OH&S program and conducting workplace inspections, employers should ensure workplace inspections procedures outline the responsibilities of workplace parties. Following are examples of roles and responsibilities of workplace parties based on legislative requirements and best practice. 6 Employers are to provide the resources human and financial to carry out regular workplace inspections; ensure workplace inspections procedures are developed; ensure all workers are provided with the education and training needed to understand their responsibility and to co-operate with those conducting workplace inspections;

11 consult with OH&S committees about scheduling workplace inspections; ensure OH&S committees take an active role in workplace inspections; review workplace inspections reports; ensure recommendations for corrective action are implemented, monitored, evaluated and communicated; and review workplace inspections procedures at least every three years. All Workers including Managers and Supervisors are to participate in workplace inspections when requested; make suggestions for corrective actions to those conducting workplace inspections; and take part in training or the development of safe work practices and procedures required as the result of the workplace inspections. OH&S Committees are to co-operate with the employer in scheduling workplace inspections; actively participate in workplace inspections; review all workplace inspections reports; make recommendations for corrective action to the employer; monitor implementation, follow-up, and evaluation of corrective actions; regularly monitor the effectiveness of workplace inspections and make recommendations for improvement when appropriate; review workplace inspections procedures; and ensure ergonomic considerations are included in all workplace inspections. 7

12 Other Agencies Depending on the workplace, outside agencies may be involved in workplace inspections including government agencies or those specialized in the field. Activity Put a check mark by those actively involved in workplace inspections in your workplace. Employer or senior level management OH&S committee Managers Supervisors Front-line workers Put a check mark by the training those conducting workplace inspections should have. workplace inspections process workplace inspections procedures hazard recognition, evaluation and control legislation (applicable federal or provincial) legislation applicable to your industry or for specific equipment ergonomics work processes communication skills interpersonal skills analytical skills other Training in the above areas should provide the knowledge and skill necessary to conduct effective workplace inspections. 8

13 STEPS in The workplace inspections procedures should outline a step-by-step process for carrying out each step in workplace inspections. The major steps involved in workplace inspections are: Step 1 Planning workplace inspections Step 2 Conducting workplace inspections Step 3 Completing workplace inspections reports Step 4 Monitoring corrective actions the Workplace Inspections Process 9

14 STEP 1 Planning Workplace Inspections Scheduling Workplace Inspections Employers must consult with OH&S committees to schedule workplace inspections. A step-by-step process for scheduling should be included in the workplace inspections procedures. Consider the following when developing the schedule: who will conduct workplace inspections; the size of the workplace; the operations carried out in the workplace; kinds of existing and potential hazards including ergonomic risks; hours of work; number of shifts; seasonal operations; and any other aspects specific to the workplace that may affect how and when inspections can be conducted. It is important for those conducting workplace inspections to observe workers and supervisors while they are working and to ask questions about work processes, safe work practices and procedures, training, etc. Therefore, workplace inspections should be scheduled during hours of operation and take into account all shifts. 1 If a worker is injured and requires medical care, the worker must complete a Form 6 Worker's Report of Injury, and the employer must complete a Form 7 Employer's Report of Injury. These forms are available at: 10

15 SAMPLE Workplace Inspections Schedule ABC Manufacturing Ltd. (2006) The employer and the OH&S committee of ABC Manufacturing Ltd. developed the following schedule for workplace inspections for IMPORTANT NOTES The workplace will be closed in October 2006 for major renovations. Therefore, no inspections will be scheduled for October. The production lines will be formally inspected every month. The warehouse and the maintenance depot will be formally inspected every second month. Each of the other areas of operations will be inspected twice a year. Inspections must be completed by the middle of each month and the workplace inspections reports distributed by the end of each month. Main Building Satellite Building 2005 Month Parking Lot & Grounds Office: Floors 1, 2, 3 Offices : Floors 4, 5, 6 Production Lines Warehouse Offices Maintenance Depot January February March April May June July August September October No inspections scheduled due to major renovations November December 11

16 Workplace Inspections Checklist The workplace inspections procedures should include a process for reviewing the items on the checklist. The checklist should never be considered a permanent document. It should be reviewed regularly and revised when there are changes to equipment, tools or work processes, and when hazards are identified either by staff or as the result of an accident/incident investigation or a workplace inspection. The checklist should be used as a guide only. Those conducting the inspections must be constantly alert to and record hazards that may not be on the checklist. All workplace parties should work co-operatively to develop the best workplace inspections checklist for their specific work area. Supervisors and workers know their work processes and work areas the best. Therefore, they can add great value to the development of the checklist. Ergonomic risks must be included on all workplace inspections checklists. There is no one best way to design a workplace inspections checklist. Depending on the workplace, checklists may be designed based on work areas, equipment, work processes, etc. If the workplace is large or has many complex work processes, more than one checklist may be required. Appendix C and D Sample Workplace Inspections Checklist #1 and #2, respectively, include items commonly found on a workplace inspections checklist. However, keep in mind that every workplace is different, every industry is different, and all workers are different; therefore, checklists must be designed based on your specific workplace, industry, equipment, workers and environment. Floor Diagram Used in Inspections The floor diagram with the inspections route is a guide to ensure areas in the workplace are not missed during workplace inspections. It should be reviewed regularly and revised when there are changes to the layout of the facility. Please see Appendix E Sample Floor Diagram. 12

17 Preparing for Workplace Inspections The steps involved in preparing for workplace inspections should be detailed in the workplace inspections procedures. This should include a review of: appropriate legislation, industry standards, manufacturer's equipment specifications, etc.; previous workplace inspections checklists and reports; recommendations from the previous workplace inspections for possible follow-up; floor diagram and route for inspections; and accident/incident investigation reports for possible follow-up. The following items should be available to those conducting workplace inspections a clipboard floor diagram flashlight and batteries checklist(s) applicable legislation or standards personal protective equipment if required the name and phone number for the manager of the area CAUTION: Some workplaces may not permit the use of devices such as cameras, flashlights, etc. because, depending on the workplace, they may pose a hazard. Therefore, the above items should be evaluated to ensure they do not create additional hazards. 13

18 STEP 2 Conducting Workplace Inspections The following suggestions for conducting effective workplace inspections should be included in workplace inspections procedures. for conducting effective workplace inspections Draw attention to the presence of any immediate danger other items can await the final report. Shut down and lock out any hazardous items that cannot be brought to a safe operating standard until repaired. Do not operate equipment. Ask the operator for a demonstration. If the operator of any piece of equipment does not know what dangers may be present, this is cause for concern. Never ignore any item because you do not have knowledge to make an accurate judgment of safety. Look up, down, around and inside. Be methodical and thorough. Do not spoil inspections with a once-over-lightly approach. Clearly describe each hazard and its exact location in your rough notes. Allow on-the-spot recording of all findings before they are forgotten. Record what you have or have not examined in case inspections are interrupted. Ask questions, but do not unnecessarily disrupt work activities. This may interfere with efficient assessment of the job function and may also create a potentially hazardous situation. Consider the static (stop position) and dynamic (in motion) conditions of the item you are inspecting. If a machine is shut down, consider postponing inspections until it is functioning again. Discuss as a group: "Can any problem, hazard or accident generate from this situation when looking at the equipment, the process or the environment?" And determine what corrections or controls are appropriate. Do not try to detect all hazards simply by relying on your senses or 1 by looking at them during inspections. 14 Adapted from information provided by Canadian Centre for Occupational Health and Safety (CCOHS), 135 Hunter Street East, Hamilton, Ontario, L8N 1M5; (toll-free in Canada);

19 STEP 3 Completing Workplace Inspections Reports Items to Include in Workplace Inspections Reports Completing workplace inspections reports is a critical step since it summarizes the findings of inspections and provides recommendations for corrective actions. The attached list will help to ensure all important items are included in the inspections report. Items to be included in workplace inspections reports: time, date and area/department inspected; a clear description of existing or potential hazards observed; priority ranking according to risk: some corrective actions need to be immediate; others require more planning; while others may require temporary measures until a permanent solution can be implemented; recommendations for corrective actions, target date and person responsible for implementation; name of person(s) who conducted the inspection and completed the report; date the report was sent to the employer; and dates for and names of individuals responsible for follow-up/monitoring of corrective actions. A copy of the workplace inspections report form should be included in the workplace inspections procedures, and those conducting workplace inspections should be trained in its use. The report should be written as soon as possible after inspections and follow a standardized format to help ensure consistency among the reports. Please refer to Appendix F and G Sample Workplace Inspections Report Form #1 and #2, respectively. 15

20 Distributing Copies of Workplace Inspections Reports The workplace inspections procedures should list those who will receive the workplace inspections reports. Before being distributed, the report should be reviewed by those who conducted the inspections to ensure it is accurate, clear and complete. Copies should be distributed to: the employer; managers; supervisors; OH&S committees; and workers (the workplace inspections procedures should outline how the report is communicated to workers). OH&S committees should review all formal workplace inspections reports and other related reports such as checklists as a means to: ensure they are being carried out as required; identify trends in the kinds of injuries, illness and property damage occurring; identify specific areas of the workplace that require close monitoring; monitor corrective actions to ensure their effectiveness; and monitor effectiveness of workplace inspections. Workplace inspections procedures should also outline: who distributes the reports/checklists; who communicates the report findings to staff; where workplace inspections reports are to be kept; and who is responsible for keeping records of these reports. 16

21 STEP 4 Monitoring Corrective Actions Monitoring corrective actions is an important means of preventing injury, illness and property damage and ensuring implementation and effectiveness of corrective actions. The monitoring process should be included in the workplace inspections procedures. Ways to ensure corrective actions are monitored include: assigning follow-up responsibility to an individual; identifying the date for follow-up; documenting the individual(s) responsible for follow-up; including the follow-up date on the workplace inspections report; adding the corrective action to workplace inspections checklists for future monitoring; and training workers, including managers and supervisors, to note the effectiveness of the corrective action during their informal workplace inspections. Role of OH&S Committees in Evaluating Workplace Inspections OH&S committees actively participate in workplace inspections. The workplace inspections procedures should outline the role of OH&S committees in workplace inspections. As part of the internal responsibility, workplace inspections should be evaluated by OH&S committees. Following are sample questions OH&S committees may use when evaluating the effectiveness of workplace inspections. Is there a procedure(s) for conducting workplace inspections? Are regular workplace inspections conducted? Are workplace inspections procedures followed? Are all workers including managers and supervisors involved in workplace inspections? Does the employer consult with OH&S committees about scheduling inspections? Do OH&S committees actively participate in workplace inspections? Is a workplace inspections checklist used when conducting workplace inspections? 17

22 Does the workplace inspections checklist include ergonomic risks? Is senior management involved in conducting workplace inspections? Are supervisors and front-line workers involved in workplace inspections? Are all areas of the workplace inspected (exterior and interior of facility)? Do OH&S committees review all workplace inspections reports? Are workplace inspections reports communicated to the employer and workers? Are workplace inspections reports kept by the employer and by OH&S committees? Are corrective actions put in place to prevent injury, illness and property damage? Are corrective actions monitored for effectiveness? 18

23 Workplace Inspections and the OH&S Program The workplace inspections procedures should outline how the other parts of the OH&S program are affected, for example: is the employer demonstrating leadership and commitment in preventing injury, illness and property damage by ensuring all workers understand their responsibility for cooperating with those conducting workplace inspections; is the hazard recognition, evaluation and control procedure followed for hazards identified during workplace inspections; are hazards identified as the result of accident/incident investigations added to the workplace inspections checklist; is there communication with those responsible for emergency preparedness/response regarding items in the workplace inspection that may affect that part of the OH&S program; are the following identified: the need for education and training, the need to review, revise or develop safe work practices and procedures, trends in injury, illness and property damage, and a need for changes in the emergency preparedness/response procedure; are OH&S committees actively participating in workplace inspections; do OH&S committees review all workplace inspections reports; and are the results of workplace inspections communicated to workers. 19

24 Conclusion Workplace inspections are a key prevention tool. Employers are required to carry out formal workplace inspections and consult OH&S committees in scheduling them. Employers should also ensure OH&S committees actively participate in these inspections. In addition to actively participating, OH&S committees are responsible for monitoring the effectiveness of workplace inspections. Effective workplace inspections strengthen the overall OH&S program in a workplace and are critical to preventing injuries, illness and property damage. Having procedures that identify those responsible for the steps in workplace inspections and ensuring all workers understand their responsibility to cooperate with those conducting workplace inspections, strengthens the internal responsibility system. And this goes a long way to building a positive health and safety culture in a workplace. 20

25 Appendix A Glossary...22 Appendix B References to Legislation...26 Appendix C Sample Workplace Inspections Checklist # Appendix D Sample Workplace Inspections Checklist # Appendix E Sample Floor Plan...37 Appendices Appendix F Sample Workplace Inspections Report Form # Appendix G Sample Workplace Inspections Report Form #2...39

26 Appendix A - Glossary Appendix A Glossary 22 Accident Basic/root cause Best practice Controls Direct cause (immediate) 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 employers 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.

27 Formal workplace inspections Hazard 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. dangerous object, event, behaviour or condition which has the potential to cause injury, illness or property damage. Incident an undesired event resulting in potential ( near miss; injury, illness or damage to property, potential process or environment. accident) Informal workplace inspections Internal responsibility system Occupation 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. 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. 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)]. 23 Appendix A Glossary

28 Appendix A Glossary 24 OH&S committee Procedures (in relation to the OH&S program) Risk Root/basic cause Serious accident Serious injury 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 worker at the workplace. Section 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. step by step way for completing of the OH&S program components. chance of loss based on: the probability of an injury, illness, damage or loss of property, process or environment; and 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

29 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)]. Supervisor Unsafe act Unsafe condition Worker Workplace Workplace Health, Safety and Compensation Commission 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)]. 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. Workplace parties 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. 25 Appendix A Glossary

30 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: 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: OH&S Act Appendix B References to Legislation 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

31 (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 (f.3) shall consult with (i) the occupational health and safety committee 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. 6. 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. 39. Duties of committees A committee established under section 37 (a.1) shall participate in a workplace inspection that an employer is required by the regulations to conduct; 41. Worker representative (1) Where less than 10 workers are employed at a workplace, the employer shall ensure that a worker not connected with the management of the workplace is designated as the worker health and safety representative to monitor the health, safety and welfare of workers employed at the workplace Workplace designate (1) Notwithstanding section 41, where less than six persons are engaged at a workplace and the designation of a worker health and safety representative is impracticable, the employer may designate a workplace health and safety designate to monitor the health, safety and welfare of workers employed at the workplace. 27 Appendix B References to Legislation

32 OH&S Regulations 4. Occupational health and safety program (1) An occupational health and safety program required under section 36.1 of the Act shall be signed by the employer and by the person or persons responsible for the management of the employer's operations in the province and shall include (f) a system for the recognition, evaluation and control of hazards that includes: (i) evaluation and monitoring of the workplace to identify potential hazards and the associated risks, (ii) procedures and schedules for regular inspections by management and committee members, (iii)procedures for the identification, reporting and control or correction of hazards (j) maintenance of records and statistics, including occupational health and safety committee minutes, reports of occupational health and safety inspections and investigations, with procedures to allow access to them by persons entitled to receive them under the Act 5. General duties of employers (1) An employer shall make arrangements for the regular inspection of all buildings, structures, excavations, machinery and equipment to ensure so far as is reasonably practicable that they are capable of withstanding the stresses likely to be imposed upon them and of safely performing the functions for which they are used. Appendix B References to Legislation General duties of worker Every worker shall (a) make proper use of all necessary safeguards, safety devices and appliances (i) designated and provided for his or her protection by his or her employer, or (ii) required under the regulations to be used and worn by him or her; and (b) report immediately to his or her employer or supervisor a hazardous condition that may come to his or her attention.

33 30. Safety inspections (1) Regular inspections of all buildings, excavations, structures, machinery, equipment and places of employment shall be made by the employer or his or her representative at intervals that will ensure that safe working conditions are maintained and unsafe conditions found in these inspections shall be remedied without delay. (2) When an unsafe condition is discovered by a person, it shall be reported as soon as practicable to a supervisor who shall ensure that appropriate action is taken, without delay, to prevent a worker being injured. (3) When emergency action is required to correct a condition which constitutes an immediate threat to workers, only those qualified and properly instructed workers necessary to correct the unsafe condition shall be exposed to the hazard and every possible effort shall be made to control the hazard while this is being done. Canada Labour Code Part II 124. General duty of employer Every employer shall ensure that the health and safety at work of every person employed by the employer is protected Specific duties of employer (1) Without restricting the generality of section 124, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity ( z.12) ensure that the work place committee or the health and safety representative inspects each month all or part of the work place, so that every part of the work place is inspected at least once each year. Policy Health and Safety Committees Establishment mandatory (1) For the purposes of addressing health and safety matters that apply to the work, undertaking or business of an employer, every employer who normally employs directly three hundred or more employees shall establish a policy health and safety committee and, subject to section 135.1, select and appoint its members 29 Appendix B References to Legislation

34 (4) A policy committee ( d) shall participate to the extent that it considers necessary in inquiries, investigations, studies and inspections pertaining to occupational health and safety; Work Place Health and Safety Committees 135. Establishment mandatory (1) For the purposes of addressing health and safety matters that apply to individual work places, and subject to this section, every employer shall, for each work place controlled by the employer at which twenty or more employees are normally employed, establish a work place health and safety committee and, subject to section 135.1, select and appoint its members Duties of committee (7) A work place committee, in respect of the work place for which it is established ( e) shall participate in all of the inquiries, investigations, studies and inspections pertaining to the health and safety of employees, including any consultations that may be necessary with persons who are professionally or technically qualified to advise the committee on those matters; ( k) shall inspect each month all or part of the work place, so that every part of the work place is inspected at least once each year Appendix B-References to Legislation 30

35 Appendix C Sample Workplace Inspections Checklist #1 The following includes some of the items which may be found on workplace inspection checklists. It is in no way a complete list. The best checklist for an individual workplace is one that is developed based on the specific needs of the workplace. 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 31 Appendix C Sample Workplace Inspections Checklist #1

36 Checklist Items Location Conditions/Notes Stacking/Storage Safe storage areas and containers Exposure to heat, moisture, vibration, flame Safe arrangement of equipment or materials Storage of disposal waste Materials Handling Equipment Safe clearance of equipment Free from tipping hazards Operators trained Proper placement of mirrors Posted information regarding maximum loads Correct size of pallets and skids Regular checking and maintenance Regular inspections of equipment Appendix C Sample Workplace Inspections Checklist #1 32 Aisles/Passageways Adequate width Clear of clutter Adequate lighting Free of protruding objects Clear signage Doors have windows Is there equipment right of way Ladders/Scaffolds In good condition Correct type for job being done Spacing of rungs Anchored properly Overhead hazards checked Dangerous Substances Have been identified Workers are familiar with harmful effects