Chapter 1, 2 & 3

1. Chapter 1, 2 & 3 Introduction / Legislation / Compensation

2. Learning Objectives - Chapter 1 • After reading this chapter, you should be able to: • define occupational health and safety, occupational injury, and occupational illness • describe the financial and social costs associated with occupational injuries and illnesses • trace the development of modern models of health and safety management • list and describe the role of the major stakeholders in occupational health and safety • explain the connection between human resource management and occupational health and safety • describe the links between human resource practices and health and safety

3. Learning Objectives – Chapter 2 • After reading this chapter, you should be able to: • describe the regulatory framework surrounding occupational health and safety • outline the duties of the major stakeholders under occupational health and safety legislation • describe the structure and role of joint health and safety committees • list and describe the three central elements of a WHMIS program • describe the purpose and basic provisions of the transportation of dangerous goods acts

4. Learning Objectives – Chapter 3 • After reading this chapter, you should be able to: • outline the goals and methods of Workers’ Compensation Boards (WCBs) • discuss the problems associated with compensating for psychological conditions and occupational illnesses • describe the assessment methods of WCBs • with the use of the chapter appendix, understand the methods of calculating injury frequency and severity rates

5. Workplace Injuries • Over 1,000 workers die yearly as a result of workplace accidents • About 308,000 suffer injury serious enough to warrant missing work time from work (lost-time injury) • More than half of workplace fatalities attributable to occupational diseases • asbestos effects account for most of these deaths

6. OHS Terms • Lost-Time Injury • workplace injury that results in employee missing time from work • Occupational Health & Safety • identification, evaluation, and control of hazards associated with work environment • Occupational Injury • any cut, fracture, sprain, or amputation resulting from workplace accident • Occupational Illness • any abnormal condition or disorder caused by exposure to environmental factors associated with employment

7. Historical Development of Modern OHS • Ancient Egypt • work-related illnesses; stonemasons and potters experienced respiratory problems • Industrial Revolution • brown lung disease caused by excessive inhalation of dust • Late 19th century • Ontario legislation established safety standards (machine guards) • Early 20th century • Canada passed factory laws to regulate heating, lighting, ventilation, hygiene, fire safety and accident reporting

8. Historical Development of Modern OHS • Royal Commission on Relations of Capital and Labour in Canada (1889) • important influence on the development of OHS regulations: • commissioners made several recommendations: • improving health and safety by establishing standards and mandating regular inspections • system for compensating victims of industrial accidents, regardless of who was at fault • labour bureau be created to oversee these activities

9. Historical Development of Modern OHS • Ontario government formed Royal Commission on the Health and Safety of Workers in Mines in 1974 • Chaired by Dr. James Ham • First to articulate the three principal rights of workers: • right to refuse dangerous work without penalty • right to participate in identifying and correcting health and safety problems • right to know about hazards in the workplace

10. Historical Development of Modern OHS • 1988 • Workplace Hazardous Materials Information System (WHMIS) legislation passed • fundamental right of workers to know about potential hazards in the workplace • Until Early 20th Century • dominant model of dealing with workplace hazards was legal doctrine of assumption of risk

11. Changing Perspectives on Risk and Liability • Assumption of Risk • belief that worker accepted risks of employment when job is accepted • employers bore little or no responsibility for worker health and safety • Accident Proneness • some individuals are inherently more likely to be involved in accidents, as a result of individual characteristics

12. Changing Perspectives on Risk and Liability • Modern health and safety programs recognize that enhancing OHS requires cooperation among multiple stakeholders, including: • Government • Employers • Employees • All stakeholders have role to play

13. The Importance of OHS • Economic Considerations • work-related injury costs are direct and indirect • costs of workplace injuries exceed $12 billion a year • injuries are not accurately reported • statistics do not adequately capture illnesses caused or exacerbated by exposure to workplace conditions • indirect costs: • work stoppages, strikes, reduced morale, reduced productivity, employee turnover and negative publicity

14. The Importance of OHS • Legal Considerations • Occupational Health and Safety Act of Ontario, Section 25(2)(h) • employer must exercise due diligence by taking every precaution reasonable for protection of worker • Due Diligence • expected standard of conduct that requires employers to take every reasonable precaution to ensure safety

15. The Importance of OHS • Moral Considerations • employers have moral obligation to employees and their families to provide safest working environment possible • management commitment to health and safety results in higher levels of employee motivation to work safely and better organizational safety records • workers have moral responsibility to learn about safety and health, follow recommended workplace practices, and be alert and responsible • employers and employees must work together

16. The Stakeholders • Government • Workmen’s Compensation Act passed in 1914 in Ontario • Lost-time wages provided to almost every injured worker, removing right of workers to sue their employers • After World War I, legislation enacted with two main goals: • Ensure injured workers received compensation and employers accepted liability, and • Prevent accidents and illness by establishing safe work environments • Canadian Centre for Occupational Health and Safety (CCOHS) • Established by federal government to provide health and safety information to any worker who requests it

17. The Stakeholders • Employers • Prepare written OHS policy prominently displayed in workplace • Provide and maintain equipment, materials, and protective devices • Ensure manner in which the work is performed is safe and environment is free from hazards and serious risks

18. The Stakeholders • Employers • Monitor workplace and report minor, critical, disabling, and fatal injuries, as well as occupational illnesses and toxic substances • Establish health and safety committees with strong employee representation • Alert employees to any known or perceived risks and hazards in workplace • Provide health and safety training

19. The Stakeholders • Employees • perform duties and tasks in safe and responsible manner • wear protective equipment in compliance with company and legislative regulations • report defective equipment and other workplace hazards to safety professional, Joint Health and Safety Committee, or manager

20. The Stakeholders • Organized Labour • bring emerging problems and issues in health and safety to attention of government and employers • pressure other stakeholders to take corrective action • use collective bargaining process to incorporate health and safety provisions in many contracts

21. Partnerships • Barriers to OHS programs: • employers more concerned with production quotas than with safety records • employers may clean up just before safety inspection • managers may not recognize unsafe conditions, or feel unable to do anything about those they do identify • general medical establishment is neither well versed nor well trained in OHS issues and occupational medicine

22. Partnerships • Alliances among stakeholders overcome barriers • Legislation requires an organization with 5+ employees to establish Joint Health and Safety Committee • Ontario has no requirement regarding minimum number of employees if a designated substance (for example, asbestos) is present • Employers, employees, and unions have same goal: • reduction of injuries and illnesses

23. OHS Professionals • Employing a health and safety professional can produce returns equal to factors of two or more times the salary paid • Various types of OHS experts may be hired or consulted

24. Role of Human Resources • Traditional views emphasize the three Es: • Engineering • Education • Enforcement • Three Es do not provide a total solution • Focusing on people side is likely to result in a safer workplace • OHS is almost exclusively managed under the HR function

25. Safety is a People Issue • Effective safety programs depend on developing individual skills and abilities and on motivating individuals • HR professionals develop employee knowledge and skills through orientation and training programs • HR professionals motivate safe working through compensation and awareness programs • Safety leadership and safety climate are predictors of safety outcomes (e.g. incidents, accidents, injuries) • Safety concerns have direct implications for outcomes such as stress and turnover • Scheduling and work overload have direct implications for safety

26. Safety Requires Legislative Compliance • OHS is a well-developed area of labour law • Standards and requirements imposed on employers to maintain workplace safety • Administering compliance is a natural outgrowth of the HR function

27. Safety Decreases Costs • Added Business Costs: • workers’ compensation premiums • long-term disability coverage • sick-time provisions • health plans • HR must ensure that payment benefits are used most effectively to: • help injured workers • ensure a prompt return to health and to work

28. Safety Relates to Other HR Functions • Training initiatives • Links between job insecurity and safety • individuals who experience job insecurity are more likely to commit safety violations • Performance-based pay systems are associated with increased injury rates • Implementation of teams may reduce injuries • Management of human resources has direct implications for OHS

29. Video Link • Due Diligence • This video from WorkSafeBC outlines the safety responsibilities of employers, supervisors, and workers. Clips from WorkSafeBC videos and commercials portray the human cost of workplace accidents. http://www2.worksafebc.com/Publications/Multimedia/Videos.asp?ReportID=34539 • 12 minutes, 21 seconds

30. OHS Key Terms • Act • federal, provincial, or territorial law that constitutes basic regulatory mechanism for occupational health and safety • Regulations • explain how general intent of the act will be applied in specific circumstances • Guidelines and Policies • more specific rules that are not legally enforceable unless referred to in a regulation or act • Standards and Codes • design-related guides established by agencies such as the CSA or ANSI

31. Scope of OHS Legislation • All OHS legislation includes the following elements: • an act • powers of enforcement • workers' right to refuse unsafe work • protection of workers from reprisals • duties and responsibilities assigned to employers and others

32. Duties & Responsibilities of Major Stakeholders • Employer’s responsibilities are extensive and include: • ensuring equipment is provided and properly maintained • appointing a competent supervisor • providing information (including confidential information) in medical emergency • informing supervisors and workers of possible hazards • posting OHS Act in the workplace • preparing, and maintaining health and safety policy and reviewing it annually (see OH&S Today 2.1)

33. Duties & Responsibilities of Major Stakeholders • Supervisor’s duties include: • ensuring workers comply with OHS Act and regulations • ensuring workers use or wear safety equipment, devices, or clothing • advising workers of possible hazards • providing written instructions if applicable • taking every reasonable precaution to ensure protection of workers

34. Duties & Responsibilities of Major Stakeholders • Worker’s duties include: • complying with OH&S Act and regulations • properly using safety equipment and clothes provided • reporting hazards, such as defective equipment, to supervisor • reporting any contraventions of the act or regulations

35. Joint Health & Safety Committees (JHSC) • Required by law • Provide non-adversarial atmosphere in which labour and management can work to create a healthier workplace • Train and certify at least one management member and one worker member • Certified members may be involved in inspections, work refusals, and bilateral work stoppages • Internal responsibility system (IRS) • work and safety are linked and all parties in workplace have responsibility to improve health and safety

36. Work Refusals • Workers have right to refuse unsafe work without fear of reprisals • Worker does not have right to refuse unsafe work if: • work is normal condition of employment • worker, by his or her refusal, places another life in jeopardy • Professionals granted limited right of refusal: • police • firefighters • teachers • health care workers

37. Stop-Work Provisions • Two Forms: • bilateral • unilateral • If certified JHSC member has reason to believe that a dangerous circumstance exists while doing an inspection, they can ask a supervisor to investigate and ask for remedial actions • If circumstance still exists, they may direct the employer to stop work

38. Dangerous Circumstance • “Dangerous circumstance” exists when: • a provision of the act or regulation is contravened • the contravention presents a danger or a hazard to a worker • the danger or hazard is such that any delay in controlling it may seriously endanger a worker

39. WHMIS • workers have the right to know about hazards that may be associated with certain chemicals used in the workplace • WHMIS legislation is based on 3 elements: • labels designed to alert the worker that the container contains a potentially hazardous product • material safety data sheets (MSDSs) outlining a product’s potentially hazardous ingredient(s) and procedures for safe handling of the product • employee training

40. Labels • Two types of WHMIS labels: • Workplace • Supplier

41. Labels • Workplace Label • Identifies WHMIS class of the material • Six WHMIS classes: • Class A – Compressed Gas • Class B – Flammable and Combustible Material • Class C – Oxidizing Material • Class D – Poisonous and Infectious Material • Class E – Corrosive Material • Class F – Dangerously Reactive Material

42. Labels • Workplace Label • Required when product is removed from its original container to be used or distributed • Must contain: • product identifier • instructions for safe handling • location of an MSDS

43. Labels • SupplierLabel • more comprehensive than the workplace label • must be attached to container when it is delivered to the workplace • must have a black- and-white border

44. Labels • Supplier Label • must contain (both in English and French): • product identifier • supplier identifier • statement that the MSDS is to be referred to for more information • hazard symbol(s) • risk phrases • precautionary measures • first aid measures

45. Material Safety Data Sheets • Material Safety Data Sheet (MSDS) • must contain information as set out by: • Hazardous Products Act, and • Controlled Products Regulations • information must be: • comprehensive • up to date (revisions required every 3 years) • available in the two official languages

46. Material Safety Data Sheets • Nine sections form the minimum standard: 1. Product information 2. Hazardous ingredients list 3. Physical data 4. Fire and explosion information 5. Reactivity information 6. Toxicological data 7. Preventive measures to 8. First aid measures 9. Preparation information

47. Training • After completing a training program, worker should understand the purpose and origin of WHMIS and be able to: • identify WHMIS hazard symbols • read WHMIS supplier and workplace labels • read and apply the applicable information on an MSDS • WHMIS program must be reviewed annually or as changes occur in products or processes in the workplace

48. Environmental Legislation • OHS professional will be aware of the overlap in environmental and OHS statutes and regulations • Chemicals that can cause damage to worker may also damage ecosystem if released into the environment • See OHS Notebook 2.7 for Federal Statutes Relevant to OHS

49. Transportation ofDangerous Goods • Environmental and transportation legislation • Framework within which society can protect itself from risk when transporting dangerous materials • Federal legislation governing transportation of dangerous goods applies to all persons who handle, offer for transport, transport, or import any dangerous goods • Regulations exist with respect to: • identifying and placarding dangerous goods • controlling quantities • training and certifying workers

50. Corporate Liability • Liabilities that directors and officers face include: • Fines or imprisonment for corporate pollution • Cleanup costs associated with property the corporation owns, controls, or occupies • Fines for failing to comply with regulatory legislation