ELW4-Ch8 OSHA Legislation PDF

NOTICE Copyright Disclaimer This PowerPoint presentation is copyright protected. Individuals who have adopted the related Emond Publishing textbook for their course are granted permission to use this presentation for instructional purposes only. Slides may...

NOTICE Copyright Disclaimer This PowerPoint presentation is copyright protected. Individuals who have adopted the related Emond Publishing textbook for their course are granted permission to use this presentation for instructional purposes only. Slides may not be distributed under any kind of Open Access style license, or website, or be duplicated, copied, sold, or otherwise exploited for any commercial purpose without Emond Publishing’s express written consent. Thank you. Copyright © 2021 Emond Montgomery Publications. All rights reserved. Employment Law for Business and Human Resources Professionals: Alberta and British Columbia, 4th Edition Authors Kelly Williams-Whitt Adam Letourneau TJ Schmaltz Ryan Anderson Kathryn J. Filsinger Copyright © 2021 Emond Montgomery Publications. All rights reserved.  Canadian Business Law, 3rd Edition CHAPTER 8 Occupational Health and Safety Legislation Copyright © 2021 Emond Montgomery Publications. All rights reserved. Occupational Health and Safety All provinces have extensive legislation to prevent accidents and illness resulting from work and to compensate workers who are injured or made ill by work Key issues are: 1. Preventing accidents and injuries at work 2. Enforcement of OHS procedures and standards 3. Compensating employees injured at work (see Chapter 9) Copyright © 2021 Emond Montgomery Publications. All rights reserved. Alberta Legislation 1. The Occupational Health and Safety Act (OHSA) Prevention of workplace injuries and diseases 2. The Occupational Health and Safety Regulation (OHSR) Detailed rules about the application of the Act 3. The Workers’ Compensation Act (WCA) Deals with consequences of workplace injuries/disease Compensation and rehabilitation of injured workers Copyright © 2021 Emond Montgomery Publications. All rights reserved. BC Legislation 1. The Workers Compensation Act (WCA) Deals with consequences of workplace injuries/illness Compensation and rehabilitation of injured workers Part 3 sets out basic OHS framework Statutory authority for OHSR 2. The Occupational Health and Safety Regulation (OHSR) Detailed regime for prevention of workplace injuries and diseases Requires management systems for occupational health and safety—joint responsibility of all parties Copyright © 2021 Emond Montgomery Publications. All rights reserved. Preventing Accidents and Injuries at Work 1. Internal Responsibility System Employers must establish mechanisms to combat hazards and to facilitate “the right to know” and the “right to refuse” unsafe work Joint health and safety committees (JHSC) 2. External Health and Safety Standards (Legislation) Minimum health and safety standards with mechanisms for enforcement Copyright © 2021 Emond Montgomery Publications. All rights reserved. Shared Responsibility OHS is a shared responsibility whereby each workplace party has duty to ensure a healthy and safe workplace Employers, workers, supervisors, prime contractors, owners, suppliers, corporate officers, and directors Focus is on prevention Copyright © 2021 Emond Montgomery Publications. All rights reserved. Employer Duties Duty to take all reasonable precautions to protect the health and safety of all workers at the workplace (both employees and other workers) Many specific responsibilities Accountability through all levels of management as agents of the employer Copyright © 2021 Emond Montgomery Publications. All rights reserved. Employer Duties (cont’d) Comply with the Provide information legislations training and supervision to Ensure workers know ensure safety about hazards Post copies of legislation Ensure workers know their readily available to workers OHS rights Help JHSCs carry out their Establish OHS policies and duties programs Cooperate with OHS Provide and maintain officers protective equipment, Report accidents/injuries clothing, devices Do not employ underaged Keep accurate records workers Copyright © 2021 Emond Montgomery Publications. All rights reserved. Worker Duties Apply to all workers, including all levels of managers and supervisors To work in compliance with statutes and its regulations To use protective devices or clothing Report any known workplace hazard, including missing or defective equipment Not engage in any horseplay or conduct that may endanger self or others Ensure that their ability to work is not impaired by alcohol, drugs, or other causes Cooperate with JHSC Cooperate with OHS officers Copyright © 2021 Emond Montgomery Publications. All rights reserved. Supervisor Duties: Alberta In Alberta OHSA there is no specific reference to supervisors, but their obligations include: Those of the employer (as its agent) To ensure, so far as is reasonably practicable, the health and safety of workers To ensure that workers are aware of their rights and responsibilities Those of the worker To take reasonable care to protect the health and safety of self and other workers To cooperate with the employer in protecting the health and safety of those present on the worksite (workers and others) Copyright © 2021 Emond Montgomery Publications. All rights reserved. Supervisor Duties: BC British Columbia OHSR establishes distinct duties for supervisors: Ensure safety of workers they supervise Know and comply with the WCA & OHSR rules relevant to that workplace Ensure workers are aware of all health and safety hazards Work with JHSC Cooperate with WCB officers Copyright © 2021 Emond Montgomery Publications. All rights reserved. Duties of Others Prime Contractors: Ensure coordination of all parties at the workplace in complying with WCA Owners: Provide and maintain a premise that is being used as a worksite in a way that ensures health and safety, and compliance with WCA, OHSR, and other regulations and orders Suppliers: Provide tools and equipment that are in safe operating condition, and ensure that these and designated substances or hazardous materials comply with WCA and regulations Officers and Directors: Take all reasonable measures to ensure compliance with Act/Regulations and any orders Copyright © 2021 Emond Montgomery Publications. All rights reserved. Workers’ Rights 1. Right to participate in the health and safety process 2. Right to refuse unsafe work, and 3. Right to know about workplace hazards Copyright © 2021 Emond Montgomery Publications. All rights reserved. Right to Participate: JHSC Advisory group of worker and management representatives who meet regularly to discuss health and safety concerns, review progress, and make recommendations JHSC mandatory for workplaces of 20 or more, or where WCB orders one (AB OHSA, s 16 and BC WCA, s 125) At least half the JHSC members must be workers (employer cannot hold majority) Employer cannot interfere with the choice of the worker representative to the committee Copyright © 2021 Emond Montgomery Publications. All rights reserved. Right to Participate: JHSC (cont’d) 1. Identify unhealthy or unsafe work situations, and advise on systems for addressing risks 2. Consult workers and employers on safety matters 3. Advise employer on programs and policies to improve workplace health and safety 4. Participate in health and safety inspections, investigations, and inquiries, including responses to complaints In Alberta, JHSC committees have the statutory right to conduct investigations. Copyright © 2021 Emond Montgomery Publications. All rights reserved. Right to Refuse Unsafe Work Workers have the right (and duty) to refuse work where they reasonably believe that the work creates “undue hazard” (BC) or “imminent danger” (AB) to themselves or another person condition of equipment physical condition of workplace violation of OHS legislation Some occupational restrictions apply for inherently dangerous occupations Employer forbidden from dismissing or penalizing an employee for exercising the right to refuse Copyright © 2021 Emond Montgomery Publications. All rights reserved. Right to Refuse Unsafe Work (cont’d) Stage 1: The worker must immediately tell supervisor and state reasons The supervisor/employer must immediately investigate the situation and either: a) remedy the situation; or b) inform the worker that the refusal lacks validity Stage 2: In BC, a worker can ask supervisor to investigate further, in presence of worker and JHSC member/union rep In AB the second step is filing a complaint with an OHS officer who moves directly to investigation Stage 3: In BC if there is no resolution at Stage 2, employer and worker must notify WCB officer, who investigates Copyright © 2021 Emond Montgomery Publications. All rights reserved. Right to Know: WHMIS Workers have a right to know about potential workplace hazards, including machinery, processes, and substances WHMIS, the workplace hazardous materials information system, applies to all industries and workplaces Employer WHMIS responsibilities: 1. Prepare and maintain an inventory of hazardous materials 2. Label hazardous materials 3. Prepare and maintain product Safety Data Sheets (SDSs) SDSs must be readily available to workers who are exposed or may be exposed 4. Provide training to workers who are exposed or are likely to be exposed Copyright © 2021 Emond Montgomery Publications. All rights reserved. Workplace Violence and Bullying Violence = threatened, attempted or actual conduct that is likely to cause physical injury Employers must address incidents of violence and take steps to prevent violence Risk assessment for workplace violence Instruct workers regarding how to identify and respond to violence Create written policy with procedures for reporting, investigating and documenting incidents Develop appropriate responses to violence Copyright © 2021 Emond Montgomery Publications. All rights reserved. Workplace Violence and Bullying (cont’d) Harassment = any unwanted physical or verbal behaviour that offends or humiliates, that persists over time or is a serious one-time incident BC expanded scope of “violence” in 2013: Now includes bullying and harassment Employers must hold workshops for all employees on avoiding bullying and harassment AB added harassment as a workplace hazard in 2018 Employers must conduct harassment hazard assessments and implement measures to eliminate/control Provide training to workers to recognize, prevent and respond to Copyright © 2021 Emond Montgomery Publications. All rights reserved. harassment External Health and Safety Standards Alberta OHS Code and BC OHSR Extensive detailed standards applicable to all employers or to specific industries, occupations, and trades Industry-specific standards and regulations may address a wide range of subjects: E.g. procedures for operating and maintaining, ventilation, temperature, cleanliness, exposures to chemicals, etc. Enforcement is a key issue Copyright © 2021 Emond Montgomery Publications. All rights reserved. Accident Investigation Procedures 1. Investigate ASAP after the injured worker receives medical attention 2. Prepare and file WCB report 3. Obtain statement from injured worker where possible 4. Examine equipment, take photographs and samples 5. Interview all witnesses 6. Have someone witness the interviews 7. Prepare and have witness statements signed 8. Do not tamper with the site 9. Develop/implement remedial action plan 10.During OHS investigation, consider right to counsel Copyright © 2021 Emond Montgomery Publications. All rights reserved. Administration of the Legislation: Inspections Inspections can result from an incident or may be random Inspectors have broad powers, including the following rights: 1. Enter workplace at any time without a search warrant 2. Conduct tests at the employer’s expense 3. Request the identity information of workers and employers at work sites 4. Question anyone in the workplace 5. Speak to any worker privately 6. Compel production of any documents 7. Remove any equipment machine or device for testing 8. Stop work orders Copyright © 2021 Emond Montgomery Publications. All rights reserved. Due Diligence Defence OHS Offences are strict liability – intent or negligence are not required for conviction Due diligence = an attempt to show that every reasonable precaution was taken A health & safety program which meets due diligence standards will include: 1. Designated senior manager responsible for compliance 2. Health and safety policy 3. Safety orientations 4. Regular safety inspections 5. Monthly safety meetings 6. Employer support and response to JHSC 7. Many other actions as listed on page 325. Copyright © 2021 Emond Montgomery Publications. All rights reserved. Penalties Administrative Penalties Penalties apply to individuals or corporations (both are “persons”) BC fines*: Maximum for first conviction: $ 724,644.41 + $36,232.25 for each day the offence continues Maximum for subsequent convictions: $1,449,288.80 + $72,434.44/day AB fines: For first conviction: $500,000 + $30,000/day For subsequent convictions: $1,000,000 + $60,000/day *Amounts as of Jan. 2020—WCB adjusts fines each year to match inflation rate Copyright © 2021 Emond Montgomery Publications. All rights reserved. Criminal Liability of Organizations Criminal Code makes it a crime not to take reasonable steps to prevent bodily harm arising from work Organizations liable for individual or combined effects of actions by several employees Organization liable for actions of senior officers and for members, agents, and employees Summary conviction – less serious offence fines under $100,000 Indictable offence – more serious, no maximum fine and potential of life imprisonment Copyright © 2021 Emond Montgomery Publications. All rights reserved. Emergency Response: Planning for a Pandemic OHS legislation does not currently require pandemic preparedness BUT pandemic safety measures are required Components of a pandemic plan (see page 332) Provide credible, up-to-date information Screening customers, suppliers and the public Minimizing interactions (social distancing) Avoiding unnecessary travel Altering physical workspace Provide personal protective equipment Higher standards of cleanliness Changes to absence management policies Extra stocks of critical supplies Working from home Copyright © 2021 Emond Montgomery Publications. All rights reserved.