The Canadian Occupational Health and Safety System An Overview

Canada Has 14 Jurisdictions

 1 Federal  10 Provinces and 3 Territories

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Provincial and Territorial Jurisdictions (90% of workers):  Provincial and territorial employees  Workers in most industries, including small businesses and self-employed workers  e.g. construction, manufacturing, textiles, mining Federal Jurisdiction (10% of workers):  Employees of federal government and federal corporations, military  Workers in certain national corporations  e.g. airlines, railways, telecommunications

Internal Responsibility System

 Employer and employees:  Know their work and the hazards best  Cooperate to implement safety measures  Employer manages the workplace safely.

 Employer must take all reasonable actions to protect the health and safety of workers.

 Employer is accountable for non-compliance.

 Government agencies:  Legislate, inspect, and enforce (civil, criminal)  Provide preventive services and incentives

Employer Responsibilities

 Identify workplace hazards – prevent & control  Implement safe work practices and comply with all regulations  Develop hazard prevention program and management system  Provide workplace training and education to workers   Support employee participation, such as safety committees Train supervisors to ensure they are “competent”  Inspect the workplace  Have an accident investigation and reporting system

Employer Due Diligence

 Due diligence is a legal defense in case of accident or injury  Evidence that all reasonable precautions were taken to prevent accidents and injuries  Steps to demonstrate due diligence:  Show that employer is aware of hazards and acting to control them.

 Document policies, practices, and procedures.

 Monitor workplace and ensure that employees follow workplace procedures and requirements.

 Implement good practices used in similar organizations and industries.

Workers’ Rights

 Right to Participate  Joint Health and Safety Committees  Right to Know  Must be informed about hazards  Must be trained on safe work procedures  Right to Refuse unsafe work  Specific procedures detailed in regulations

Workers’ Responsibilities

 Work safely according to procedures  Use safety equipment and personal protective equipment  Report hazards

History of Health and Safety

1884 Ontario Factories Act 1911 1914 Building Trades Protection Act Workmen’s Compensation Act 1917 Industrial Accident Prevention Assoc.

1929 Construction Safety Association 1978 Occupational Health and Safety Act 1978 CCOHS founded 1998 Workplace Safety and Insurance Board

Health and Safety Organizations

 Compensation boards (13)  Insurance, treatment, rehabilitation, prevention, education  Ministries of Labour (14)  Legislation, standards, enforcement  CCOHS  Sectoral and professional safety associations  Prevention, training, consulting  Education and training organizations  Research institutions  Independent consultants

Workers’ Insurance in Canada

(Historic Compromise)  Employers pay premiums to workers’ compensation boards (WCBs) based on their injury record  Insurance is mandatory  No-fault insurance – workers cannot sue employers  Boards pay incentives to employers to encourage prevention, training, and other safety programs by employers

Roles of the Workers’ Compensation Boards (WCBs)

 Provide treatment and rehabilitation  Pay injured workers while they recover  Pay pensions to workers who are permanently disabled  Fund safety associations (industry sectors)  Deliver services for prevention and education

– Example

– Construction Safety Association of Ontario

 Established 1929 to serve construction industry  Bipartite – employers and building trades  Funded by WSIB (compensation board)  About 2% of construction insurance funds ($ 750 million (about $2000 per worker per year))  Major functions:  Education and training  Consulting and technical advice  Target companies with high injury rates  Target new companies  Research

CCOHS

 Established 1978 as the national centre  Mandate: promote OH&S  Tripartite (governments, industry, unions)  Primary roles:  Information to all workplace parties  Free Inquiries and OSH Answers  Databases – legislation, CHEMINFO  Publications and e-courses  Workplace tools and services – OH&S management system, MSDS writer, MSDS management  Collaborative projects such as INTOX

Recent Trends in Canada

 Improved performance  Fewer injuries, better compliance  More enforcement  Criminal liability  More research to identify best practices  More workplace requirements:  Education and training  Prevention programs and management

Evolving Issues in Canada

 Effectiveness of incentives to employers  Low injury rates  High performance:  Strong prevention programs  Management systems  Corporate social responsibility  Performance beyond the law  New employment relationships  More contract work  Employment agencies

Thank you

Canadian Centre for Occupational Health and Safety [email protected]