Transcript Document

KEY TERMS AND CONCEPTS
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
2
There are a number of rather basic terms used in the OHS Act that can make a considerable
difference in how legislation is interpreted.
AND
The use of “and” and “or” are used
throughout the Act and have a very
definitive purpose. When the term
“and” is used with a number of subclauses or sub-sections, it is implied
that all content must be fulfilled.
OR
The term “or” implies a choice
between sub-sections or sub-clauses,
and only one of the sub-section or
sub-clause must be complied with.
However, when the term “or” is used
to list prohibitions, this implies that
all items listed are prohibited.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
3
SHALL
FORTHWITH
The words “shall”, “may” and “will”
change the degree of force imposed on
the action or the issue outlined. For
example, “shall” necessitates compulsory
compliance, whereas “may” offers an
alternative option to comply with and
“will” implies that future compliance is
required.
“ forthwith ” requires immediate
compliance, and is considered
one of the most forceful terms
noted in the Act.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
4
PRESCRIBED
“Prescribed” is another term that can be
misinterpreted; it refers to further direction or action
as outlined in a regulation that accompanies the Act.
For example, Section 25(1)(d) of the Act states “the
equipment, materials and protective devices provided
by the employer are used “ as prescribed ” which
means you must find the appropriate regulation
applicable to the work, such as equipment used in
construction.
REGULATION
“ Regulation ” sets out
general principles and duties
for workplace parties, and
describes in detail how these
duties under the Act have to
be carried out.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
5
The term “ ACCIDENT
" can be defined as an
unplanned event that
interrupts the
completion of an
activity and that may
(or may not) include
injury or property
damage.
An “ INCIDENT ”
usually refers to an
unexpected event
that did not cause
injury or damage
this time but had
the potential.
“ NEAR MISS " or “
DANGEROUS OCCURRENCE "
are also terms for an event that
could have caused harm but did
not. An undesired occurrence
which did not result in personal
injury or property damage but
could have resulted in or had the
potential to cause personal injury,
property damage, or both.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
6
An “ OCCUPATIONAL ILLNESS “ OR “ DISEASE “ is defined as a condition that
results from exposure in a workplace to a physical, chemical or biological agent to
the extent that the normal physiological mechanisms are affected and the health of
the worker is impaired.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
7
Workplace health hazards can cause three kinds of reactions in the body:
• Immediate or acute reactions, like shortness of breath or nausea, can be caused by a onetime event, (e.g., a chemical spill). These reactions are not usually permanent.
• Gradual reactions or chronic, like asthma or dermatitis (skin rashes), can get worse and
persist when you are exposed over days, weeks or months. These reactions tend to last for
a longer time.
• Delayed reactions or diseases that take a long time to develop, like lung cancer or loss of
hearing, can be caused by long-term exposure to a substance or work activity. These
reactions can be noticed long after the job is over. This is also known as a latency effect.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
8
Adverse health effects include:
 bodily injury, disease,
A general definition of ADVERSE HEALTH
EFFECT is "any change in body function or the
structures of cells that can lead to disease or
health problems".
 change in the way the body functions, grows, or develops,
 effects on a developing fetus (teratogenic effects, fetotoxic effects),
 effects on children, grandchildren, etc. (inheritable genetic effects)
 decrease in life span,
 change in mental condition resulting from stress, traumatic experiences, exposure to
solvents, etc.,
 effects on the ability to accommodate additional stress.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
9
A “ worker ” means any of the following, but does not include an
inmate of a correctional institution or like institution or facility who
participates inside the institution or facility in a work project or
rehabilitation program.
• A person who performs work or supplies services for monetary
compensation
NEW EXPANDED DEFINITION
OF WORKER
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
10
• A secondary school student who performs work or supplies services for monetary
compensation under a work experience program authorized by the school board that
operates the school in which the student is enrolled
• A person who performs work or supplies services for no monetary compensation under a
program approved by a college of applied arts and technology, university or other postsecondary institution.
• A person who receives training from an employer, but who, under the Employment
Standards Act, 2000, is not an employee for the purposes of that Act because the conditions
set out in subsection 1(2) of that Act have been met.
• Such other persons as may be prescribed who perform work or supply services to an
employer for no monetary compensation.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
11
AS OF JANUARY 1, 2015
Unpaid students, learners and trainees are
now defined as “workers” under the OHSA,
and have the same rights and duties as the
paid workers they work alongside.
They now have key rights under the OHSA,
such as the right to know about workplace
hazards and the right to refuse unsafe work.
They have the same duties as
paid workers, such as working
in compliance with the OHSA
and its regulations, operating
equipment safely, and
reporting any hazards or
contraventions to the employer
or supervisor.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
12
Unpaid co-op students participating in
a work placement program approved by
a school board or post-secondary institution,
deserve the same health and safety
protections as every other worker.
Volunteers are not included in
the definition of worker
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
13
“ Supervisor ” is someone who has authority over a worker
or who has charge of a workplace .
In a University setting the term “Supervisor” could be the President, a Senior Director,
a Chair/Academic Director, a Manager/Coordinator, Principal Investigator, Lead
Technician, Lead Hand, etc.
“Supervisor” is not limited by the position title, but by the responsibilities held.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
14
Primary indicators of being in a supervisory role include the power to:
“hire, fire or discipline, recommend hiring, firing or discipline, promote, demote or
transfer, decide a worker's rate of pay, award bonuses, approve vacation time, grant
leaves of absence, or enforce procedures established to protect worker health and
safety”. These are the traditional human resources definitions of a supervisor.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
15
A person with none of the obligations listed above could still be a supervisor as
defined in the OHSA, if he or she has some of the following responsibilities:
determining the tasks to be done, and by whom, directing and monitoring how
work is performed, managing available resources such as staff, facilities,
equipment, budget, deciding on and arranging for equipment to be used on a job
site, managing the evacuation of persons from an area, deciding the make-up of a
work crew, deciding on and scheduling hours of work, dealing directly with
workers' complaints, or directing staff and other resources to address health and
safety concerns.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
16
“ Competent Person ” means a person who,
• is qualified because of knowledge, training and experience to organize the work and
its performance,
• is familiar with this Act and the regulations that apply to the work, and
• has knowledge of any potential or actual danger to health or safety in the workplace;
The University is responsible for appointing a “competent person” in a supervisory role. If you are considered a
“supervisor” under the OHSA and/or under the University EHS Management System Policy, you must be a
“competent person”.
A supervisor is responsible for implementing the University’s health and safety programs and ensuring workers
work safely. This also includes anyone who is guided, directed, monitored, hired, reviewed, paid or unpaid by
or through the Supervisor.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
17
WHAT IS BILL C-45?
• Bill C-45 is federal legislation that amended the Canadian Criminal Code and became
law on March 31, 2004. The Bill established new legal duties for workplace health and
safety, and imposed serious penalties for violations that result in injuries or death.
The Bill provided new rules for attributing criminal liability to organizations,
including corporations, their representatives and those who direct the work of others.
If you are a supervisor, you are required to ensure workers, contractors,
visitors and volunteers are aware of the appropriate University’s health
and safety policies, programs and guidelines, are informed of actual and
potential risks, and receive appropriate instruction and any required
protective equipment.
SIGNIFICANCE
Someone can be charged under the
Criminal Code of Canada AND the
Occupational Health & Safety Act
for the SAME critical injury or death.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
18
CRITICAL INJURY is an injury that:
• places life in jeopardy,
• produces unconsciousness,
• results in substantial loss of blood,
• involves the fracture of a leg or arm but not a
finger or toe,
• involves the amputation of a leg, arm, hand or foot
but not a finger or toe,
• consists of burns to a major portion of the body, or
Critical Injuries MUST be reported
immediately.
 IRM will coordinate the investigation
 Removing or disturbing equipment is an
offence – do not disturb the scene
 JHSC worker member is to be informed and
may be present during an investigation
Delay in reporting or not reporting
may result in charges and fines
• causes the loss of sight in an eye.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
19
If you are a witness to this type of event:
 Immediately dial “80” from an internal phone or 416-979-5040 from an external phone
and report the event
 Security will respond and keep the site secure until the authorities arrive
 Once Security is called, then dial 7086 to report the event to Ryerson’s Environmental
Health & Safety Officer
 DO NOT DISTURB THE SCENE (remove the Injured Person if it is safe to do so)
IF YOU SUSPECT A CRITICAL INJURY, inform the EHS Officer at 7086. After hours
call Security at 416-979-5040.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
20
The underlying philosophy of any Occupational Health and
Safety Act is the Internal Responsibility System, or the IRS.
The IRS is a concept where employers, management and
workers share the responsibility of the occupational health
and safety, and that all parties must make every effort to
identify hazards and develop strategies to protect workers
and ensure a safe work environment.
To ensure that obligations under the Act are fulfilled within
the Internal Responsibility System, workplace safety is
monitored by workers and managers through a Joint Health
and Safety Committee or an appointed Health and Safety
Representative, as well as the MOL.
Internal
Responsibility
System
The IRS does the following:
 Establishes responsibility
sharing systems;
 Promotes safety culture;
 Promotes best practice;
 Helps develop self reliance;
 Ensures compliance
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
21
The legal duties and responsibilities of employers, supervisors and workers
overlap and complement each other. The IRS means that everyone in the
workplace has a role to play and a duty to actively ensure workers are safe.
For example, if a worker identifies a health and safety problem such as a hazard in
the workplace they have a duty to report the situation to management. Once a
hazard has been identified, the employer and supervisor have a duty to look at the
problem and eliminate or control any hazard that could injure workers.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
22
One way of ensuring that the Internal Responsibility System is effective in your
workplace is to implement due diligence into your day-to-day routine. Due
diligence is a term used extensively in health and safety. The term “due” is
defined as, “as much as is required; enough; or adequate”. Diligence refers to “the
degree of attention or care expected of a person in a given situation”.
In health and safety terms, it means that employers, supervisors and constructors
will “take every precaution reasonable in the circumstances for the protection of
the worker” – otherwise known as the “general duty clause”.
DUE DILIGENCE is demonstrated by your actions
BEFORE an event occurs, NOT AFTER.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
23
Due diligence is an argument a
company can make to defend
itself in a court of law. The
due diligence defense is only
applicable when responding to
a specific violation set out
under a provincial Act,
allowing organizations to
argue that it has taken all steps
necessary and reasonable
under a set of circumstances to
prevent injuries or accidents in
the workplace.
The application of
due diligence for
legal compliance in
the workplace
requires ongoing
measures that
represent sufficient
knowledge,
sufficient processes
and sufficient
documentation.
Without documentation,
it is difficult to “prove”
due diligence, or an
effective health and
safety history, in a court
of law. In addition, due
diligence must reflect all
legal requirements under
the Act and its
regulations.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
24
There are many definitions for hazard but the more common definition
when talking about workplace health and safety is:
• A hazard is any source of potential damage, harm or adverse health
effects on something or someone under certain conditions at work.
Basically, a hazard can cause harm or adverse effects (to individuals as health
effects or to organizations as property or equipment losses).
Sometimes a hazard is referred to as being the actual harm or the health effect it
caused rather than the hazard. For example, the disease tuberculosis (TB) might
be called a hazard by some but in general the TB-causing bacteria would be
considered the "hazard" or "hazardous biological agent".
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
25
WHAT IS RISK?
In the context of
Health and Safety,
Risk is the chance or
probability that a
person will be harmed
or experience an
adverse health effect if
exposed to a hazard.
It may also apply to
situations with
property or equipment
loss.
FOR EXAMPLE:
What is the main hazard when
crossing a city street with traffic?
BEING HIT
The risk of being hit increases if you crossed that street under one,
some or all of the conditions listed … multiple lanes of traffic
-- streetcars – vehicles making turns – raining – at night
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
26
Factors that influence the degree of risk include:
• how much a person is exposed to a hazardous thing or condition,
• how the person is exposed and
• how severe are the effects under the conditions of exposure.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
27
WHAT IS A RISK ASSESSMENT?
Risk assessment is the process where you:
• identify hazards,
• analyze or evaluate the risk associated with that hazard, and
• determine appropriate ways to eliminate or control the hazard.
In practical terms, a risk assessment is a thorough look at your workplace
to identify those things, situations, processes, etc that may cause harm,
particularly to people. After identification is made, you evaluate how
likely and severe the risk is, and then decide what measures should be in
place to effectively prevent or control the harm from happening.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
28
WHY IS A RISK ASSESSMENT IMPORTANT?
Risk assessments are very important as they form an integral part of a good occupational
health and safety management plan.
They help to:
• Create awareness of hazards and risks.
• Identify who may be at risk (employees, cleaners, visitors, contractors, the public, etc).
• Determine if existing control measures are adequate, if more should be done or if there is
an inherent risk that must be planned for.
• Prevent injuries or illnesses when done at the design or planning stage.
• Prioritize hazards and control measures.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
29
The goal of a risk assessment is to remove a hazard or reduce the level of its risk
by adding precautions or control measures, as necessary. By doing so, you have
created a safer and healthier workplace.
Risk Assessments are currently required for the following activities:
Research / Renovations / Ryerson Events run by Students, Staff or Faculty
on or off campus / Travel Outside Canada
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
30
When doing an assessment, you must take into account:
• the methods and procedures used in the processing, use, handling , storage, and waste of the
substance
• the actual and the potential exposure of workers, students, volunteers, guests and the public
if it applies
• the measures and procedures necessary to control such exposure by means of engineering
controls, work practices , protective equipment and hygiene practices and facilities
It is important to remember that the assessment must take into account not only the current
state of the workplace but any potential and reasonable situations as well.
Check out IRM’s website on Risk Management & Assessment:
http://www.ryerson.ca/irm/riskmanagement/index.html
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
31
What documentation should be done for a risk assessment?
Keeping records of your assessment and any control actions
taken is very important. You may be required to store
assessments for a specific number of years.
Your records should show that you:
• conducted a good hazard review,
• determined the risks of those
The level of documentation or record keeping
hazards,
will depend on:
• implemented control measures
• level of risk involved,
suitable for the risk,
• legislated requirements, and/or
• reviewed and monitored all hazards
• requirements of any management systems
for the ACTIVTY, EVENT, or
that may be in place.
PROJECT.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
32
What is Personal Protective Equipment (PPE)?
• Personal protective equipment is any device
worn by a worker to protect against hazards.
• Some examples are respirators, gloves, ear
plugs, hard hats, safety goggles, and safety
shoes or boots.
PPE
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
33
What the law says
• Section 25(1) under the Occupational Health and Safety Act (OHSA) requires
employers to provide equipment, materials and protective devices; make sure
they are used as prescribed; and maintain them in good condition. The OHSA
also requires workers to use or wear the equipment, protective devices or
clothing that has been prescribed.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |
34
What you can do
• PPE is considered the last line of defense against a workplace hazard, and is to
be used only if the hazard cannot be eliminated or controlled in other ways.
Establish a PPE program that will consider the hazards that require PPE,
procedures for selection and fitting, maintenance and storage, monitoring use
and training.
| RYERSON UNIVERSITY | INTEGRATED RISK MANAGEMENT | ENVIRONMENTAL HEALTH & SAFETY | www.ryerson.ca/irm | [email protected] | @RyersonSafety |