OH&S

1. Occupational Health and Safety Overview OH&S

2. Federal or Provincial Jurisdiction? • Manufacturing • Fishing • Restaurants • Education • Public service (provincial) • Credit unions • Tourism • Logging • Shops, stores • Provincial Crown corporations • Health care • Local trucking • Airlines • Rail • Cross border trucking • Chartered banks • Broadcasting • Shipping • Telecommunication • Post office • Federal public service • Aircraft manufacturing • First Nations commercial business • Commercial fishing Provincial Federal

3. Workplace Safety Issues in Nova Scotia • 9,000 injuries per year • Cost NS $100,000 per year • 1,000 affected indirectly yearly

4. Nova Scotia Labour and Workplace Development • Oversees the Occupation Health and Safety Act • Act – a written law • Regulations – written laws that fall under Acts and give explanations and details • 1996 – OHS Act enacted in Canada • Why: to ensure that we have safe and healthy work spaces both indoors and outdoors and that citizens are protected in their work, home and play environments (www.gov.ns.ca/lwd)

5. NS Labour and Workforce Development 10 main divisions include OHS OHS Division established to: • Promote and enforce standards to reduce occupational injuries and illnesses • Improve understanding of standards • Improve health and safety conditions through • Research • Inspection • Investigation • Enforcement

6. OHS Division concentrates on • Developingsafe and healthy workplaces • Creatingsafety standards for protecting public • fences, signage • Improving provision of service • Promoting responsibility of employers and employees • workplace policy guides brochures

7. And… • Inspecting • visiting worksites • Educating • Making public aware of role of Joint Health and Safety Committees and NSLWD • Enforcing • Writing tickets, stop words, compliance orders and prosecution

8. What do companies need to do? If a company has 5 – 19 employees: • Write a OHS policy • Appoint a health and safety representative

9. A Health and Safety Representative • Selected by non-managerial staff • Consults with employer about health and safety issues • Allowed time off with pay

10. An OHS Policy must: • Be prepared in consultation with a committee or representative • Indicate employer commitment to OH&S • Commit to eliminate/prevent injuries and illness • Detail employer’s plans to implement commitment and practices through training, supervising, and enforcement • State each party’s responsibilities

11. And… • Demonstrate available resources • Inform employees of legal rights and responsibilities • Select an OH&S Representative • Be signed by a senior management person • Be reviewed annually and updated for currency • Be put in writing, posted in the workplace, and be available upon request

12. Duties of the HS Rep • Regularly inspect to identify hazards • Ensure health and safety requirements are met • Make sure health and safety complaints are dealt with • Offer advice on OHS issues • Ensure policies and programs are in compliance with the Act

13. If a company has 20+ employees: • DEVELOP an OHS program • Establish committee • Develop rules and procedures • Make copy available to members • Post minutes • Inform employees of hazards • Make inspection reports available • Respond to inquiries within 20 days

14. OHS Program must: • Be prepared in consultation with a committee or representative • Designate health and safety responsibilities and accountability for health and safety • Include written “safe work” procedures • Have a system to identify, assess and control hazards including • A regular schedule • A reporting method • A procedure and timeline • Monitoring, follow up, and control for identified hazards

15. And… • Detail a training and supervision schedule • Include a reporting system • Be put in writing, posted in the workplace, and available upon request • Include evaluation of program use and effectiveness • Create a Joint Occupational Health and Safety Committee

16. Who’s Who? Owner • Company or person who OWNS property Employer • Responsible to hire a person(s) to do a job Employee • Hired to do a job

17. Roles and Responsibilities • EVERYONE in a workplace SHARESresponsibility for health and safety • DUE DILIGENCE must be shown by all parties • Due diligence is doing the right thing so the wrong thing won’t happen • If something does happen and someone is injured, it is up to the employer/employee to prove they showed due diligence

18. Equipment • Maintain land/premises • Maintain equipment • Install safety devices on equipment • Ensure employees know proper use of safety equipment • Provide safety gear for workers • Follow safety procedures • Use safety devices provided • Wear proper safety gear • Report any unsafe equipment Employer Employee

19. Training • Provide safety instruction • Do job training • Familiarize workers with health and safety hazards • Provide information, facilities, and supervision • Use safety procedures • Report anything dangerous in the workplace Employer Employee

20. Co-operation • Ensure employees are not exposed to workplace hazards • Consult and cooperate with OH&S Act, committee, representatives, and/or others functioning under the act • Comply with the OH&S Act and ensure that employees do too • Create a policy or program if required • Cooperate with employer and other employees • Consult and cooperate with OH&S Act, committee, and representatives and/or others functioning under the act • Comply with the OH&S Act • Cooperate with and/or participate in committee or as representative Employer Employee

21. Notification • Within 7 days of fire or accidents causing injury • Within 24 hours of accidental explosion (whether there are injuries or not) • Within 24 hours of a fatal or serious workplace injury • DO NOT DISTURB the accident scene except as necessary to prevent further injuries • Notify Workers Compensation within 5 working days of a workplace injury. • Failure to do so may result in $100/day fines every day thereafter. • Report any workplace injury or danger immediately to a supervisor • If the supervisor doesn’t fix the hazard, report to the committee or representative • If they don’t fix the hazard, report it to NSLWD (OHS Division) Employer Employee

22. A Safety Officer has all the powers of a Peace Officer under the criminal code and may: • inspect • investigate a complaint • obtain records • conduct an investigation • take samples • seize evidence • question the employers and/or employees • examine a person • compel statements from individuals regarding workplace accidents

23. An employer or employee may not hinder a Safety Officer • Examples of orders a Safety Officer may issue: • to suppliers if equipment is determined to be unsafe. • to employers to conduct tests, assessments, or obtain reports. • to a person who has to do something to comply with an order. • to a person to stop work when a hazard or danger is present. • that an employee who has been terminated be returned to work.

24. What if an order isn’t followed? • A fine or a penalty • Arrest • Courts may also add penalties such as: • Up to 2 years in prison • Additional fines of up to $25 000 per day • Fines to repay employees their benefits

25. What if you don’t agree? • A decision made by a Safety Officer can be appealed. • Appeal must be made in writingwith 14 days • Appeal goes to the Executive Director of NSLWD • His/her decision may also be appealed to an Independent Appeal Council • It must be made in writing within 21 days of director’s decision.

26. The Joint Health and Safety Committee

27. Who’s on it? • number of people must be agreed upon by both the employer and employees • at least ½ must be non-managerial staff • employees selected by fellow employees or their union • employees allowed time off work with pay to participate in Committee business • Usually 2 co-chairs - one = management / one = employee

28. What does the JHS committee do? • Regularly inspects to identify hazards • Ensures health and safety requirements are being met • Ensures health and safety complaints are dealt with • Offers advice to the employer on OHS issues • Ensures policies and programs are in compliance with the Act • Meets at least once a month (unless members agree differently) • Keeps records and minutes of meetings • Acts as an advisory body

29. The 4 R’s – Workers’ Rights • The Right to KNOW • The Right to REFUSE • The Right to PARTICIPATE • The Right to COMPLAIN

30. The Right to Know

31. Names & contact information for Committee members or Representative • Most recent minutes • Copy of the OHS Act • Copy of workplace regulations • Nova Scotia Labour & Workforce Development phone number • The workplace policy or program as applicable • Any orders received from NSLWD, the notice of compliance, and any notice of appeal or decision

32. Any information on employees’ rights and responsibilities as advised by an officer • A response from the Committee or Representative to a written request or recommendation within 21 days (or a written explanation as to why the information cannot be provided) • Notification of upcoming inspection, monitoring, and testing • Results of inspections, monitoring, and testing (or give a reason why this cannot be provided) • Permission to observe any OH&S monitoring, sampling, evaluation, or inspection. • Explanation of inspections or testing at the worksite.

33. The Right to Refuse • An employee may refuse work that he/she feels is unhealthy or unsafe BUT must: • Report to a supervisor that they refuse to do the work and explain why. • Report to the Committee or Representative if the situation is not remedied to his/her satisfaction. • Report to Nova Scotia Labour & Workforce Development (OHS Division) if the situation is not remedied to his/her satisfaction.

34. An employee may refuse work until: • The employer remedies the situation to the employee’s satisfaction. • The Committee has investigated the work refusal and all members unanimously agree that the employee return to work. • OHS Officer inspects and advises the employee to return to work. Note: The employee is entitled to receive regular pay and benefits during the investigation

35. The Right to Participate An employee has the right to • Participate as a Safety Representative or on a Joint Health and Safety Committee • To report unsafe conditions • To voice opinions on unsafe conditions

36. The Right to Complain An employer cannot treat you unfairly if you • Comply with the OHS Act • Contact NSLWD • Speak with a member of the JHSC • Refuse work • Testify in court regarding a violation • Tell the Safety Rep, JHSC or Safety Officer about a violation • Note: UNFAIR TREATMENT - file a complaint within 30 days to NSLWD Officer and receive regular pay and benefits

37. The Employers Rights The Right To Know • Immediately be informed of hazards at the workplace. The Right To Refuse • Assign the employee to other work but not in such a way that would be considered discriminatory action. • Give the work to another employee so long as s/he is aware of the first person’s refusal, reason for refusing and his/her own right to refuse.