The Canadian Occupational Health and Safety System

1. The Canadian Occupational Health and Safety System An Overview

2. Canada Has 14 Jurisdictions • 1 Federal • 10 Provinces and 3 Territories

3. . 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

4. 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

5. 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

6. 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.

7. 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

8. Workers’ Responsibilities • Work safely according to procedures • Use safety equipment and personal protective equipment • Report hazards

9. History of Health and Safety • Ontario Factories Act • Building Trades Protection Act • Workmen’s Compensation Act • Industrial Accident Prevention Assoc. • Construction Safety Association • Occupational Health and Safety Act 1978 CCOHS founded • Workplace Safety and Insurance Board

10. 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

11. 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

12. 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

13. – 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

14. 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

15. 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

16. 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

17. Thank you Canadian Centre for Occupational Health and Safety bobw@ccohs.ca