Sept 12 - Class 2.pptx

Class 2 Historical and Legal Aspects of OHS • How have perspectives shifted and developed? • What are key legal considerations in OHS? • What is the role of Workers’ Compensation? 1 Learning objectives for today 1)Outline key historical developments and current trends in OHS 2)Describe the role o...

Class 2 Historical and Legal Aspects of OHS • How have perspectives shifted and developed? • What are key legal considerations in OHS? • What is the role of Workers’ Compensation? 1 Learning objectives for today 1)Outline key historical developments and current trends in OHS 2)Describe the role of law in OHS 3)Explain modern corporate liability 4)Highlight the role of workers compensation 2 Historical development of OHS ~1900BC E ~1930CE ~1900CE ~1200BC E ~460BCE~370BCE ~1700CE ~1840CE 2023C E 3 Historical development of OHS A brief synopsis The very deep past ~1900BC E Major medical papyri document cases of workrelated injuries and illness in ancient Egypt (Brandt-Rauf & Brandt- Academic research on occupational health and safety begins to emerge (Greenwood & Woods, 1919; Goldmark, 1920; Hoffman, 1909; Münsterberg, 1913; Myers, 1915) Rauf, 1987) ~1200BC E ~1930CE ~1900CE ~460BCE~370BCE ~1700CE ~1840CE (Timeline not to 2023Cscale) E Hippocrates is documented cautioning his More on this time to come followers to pay careful attention to how certain occupations (e.g., tailors, horsemen, farmhands) are related to Advent of new industries and certain diseases (Brandt-Rauf & Brandt-Rauf, 1987) occupations during the Industrial Revolution resulted in many new health and safety-related problems (Kelloway et al., 4 2020) Historical development of OHS A brief synopsis Changing perspectives on Risk & Liability Until the early 20th century, the prevailing model for workplace hazards was the assumption of risk • Belief that a worker accepted the risks of employment when he or she accepted a job • Associated is the view that injuries were caused by accident-prone people 5 Historical development of OHS A brief synopsis Changing perspectives on Risk & Liability Accident proneness • The notion that some individuals are inherently more likely than others to be involved in accidents based on individual characteristics 6 Historical development of OHS A brief synopsis Ontario legislation established safety standards 1884 1889 1900 Workplace Hazardous Materials information System (WHMIS) becomes law, reflecting the fundamental right of workers to know about potential workplace hazards By the early 20 century, every Canadian jurisdiction passed factory laws to regulate heating, lighting, ventilation, hygiene, fire, safety, and accident 1920 reporting 1974 1914 Workers’ Compensation established in Canada th Royal Commission on Relations of Capital and Labour in Canada made several influential 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 to be created to oversee these 1988 (Timeline not to 2023 scale) More on this time to come Royal Commission on the Health and Safety of Workers in Mines first articulates the three principal rights of workers: 1. Right to refuse dangerous work without penalty 2. Right to participate in identifying and 7 correcting health and safety problems Historical development of OHS There continue to be developments in OHS A couple key major trends 1) An increasing focus on prevention and sustainability efforts 2) Increasing focus on mental health, Canada’spsychological national standard on health & safety psychological health and safety in Healthy Workplace Week 2001 (now Month) launched in Canada’s 2003 Bill C-45 Westray legislatio n became 2013 2006 Canadian Standards Association published CSA Z10000-06: Occupational Health and Safety the workplace is introduced (CSAZ1003-13) 2023 (Timeline not to scale) Several groundbreaking changes in workers compensation for psychological injuries across 8 OHS and the law 9 OHS and the law What is an Act? Federal, provincial, or territorial law that constitutes basic regulatory mechanism for occupational health and safety What is a Regulation? Explain how general intent of the act will be applied in specific circumstances 10 OHS and the law What are Guidelines and Policies? More specific rules that are not legally enforceable unless referred to in a regulation or act What are Standards and Codes? Provide practical guidance on the implementation of OHS practices; often established by agencies such as the CSA or ILO 11 The scope of OHS legislation All OHS legislation includes the following elements: -An act -Powers of enforcement -The right of workers to refuse and do unsafe work -Protection of workers from reprisals -Duties and responsibilities assigned to employers and others 12 OHS acts • Set the minimum requirements of OHS within each jurisdiction • Set boundaries for application of each act, noting any exclusions • Outline mandatory components of OHS programming within its jurisdiction • Articulate duties for major stakeholders 13 Stakeholder duties & responsibilities Employer Superviso r General Duty • Primary duty directly articulated in the OHS Act • OHS acts across Canada have the general duty provision requiring employers to take every reasonable precaution to ensure employee safety (remember due diligence!) Prescribed Duty • A particular duty to be undertaken because of health and safety regulation Workers 14 Stakeholder duties & responsibilities Employers Employer Primary contractors overseeing projects have largely the same duties as employers Employer duties: • Take every reasonable precaution to ensure employee safety • Appoint a competent supervisor • Provide information in a medical emergency • Inform supervisors and workers of possible hazards • Post the OH&S act in the workplace • Prepare and maintain health and safety policy and review annually • Prepare policies regarding workplace violence and workplace harassment 15 Stakeholder duties & responsibilities Employers Superviso r Anyone who has charge of a workplace and authority over a worker Supervisor duties: • Ensuring health and safety of workers under their supervision • Ensuring workers comply with OHS regulations • Ensuring workers use or wear safety equipment, devices, or clothing • Advising workers of possible hazards 16 Stakeholder duties & responsibilities Employers Workers Worker duties: • Take reasonable precautions to ensure their own and others’ safety • Comply with OHS Act, regulations, and policies • Properly use safety equipment provided • Report hazards, such as defective equipment, to a supervisor • Report any contraventions of the act or regulations 17 Joint health and safety committees Required by law in most jurisdictions • Where not required, there are special provisions for committees to be created Help enact the internal responsibility system (IRS) • The system of shared responsibility for health and safety that is the basis for most Canadian OHS legislation • Primary responsibility rests with workplace and not government regulators • Backbone of Canadian OHS legislation Provide non-adversarial atmosphere in which labour and management can work to create a healthier workplace 18 Joint health and safety committees OHS acts regulate the formation, composition, training, and certification requirements for the JHSC Duties of the JHSC • Hazard recognition, risk assessments, record keeping, and responding to employee concerns Key features of effective JHSCs • being appropriately trained, operating in a workplace where senior management is supportive, being empowered in their work, visibility in the workplace, good communication with the workforce, and have adequate resources 19 Joint health and safety committees JHSC Requirements Across Canadian Jurisdictions REGULATORY REQUIREMENT 20 or more employees 10 or more employees Workers can request a JHSC with written notice (more than 20 employees) JURISDICTIONS INCLUDED Federal, British Columbia,* Alberta, Manitoba,* Ontario,* New Brunswick, Nova Scotia, Prince Edward Island, Yukon, Northwest Territories/Nunavut* Newfoundland, Saskatchewan Quebec *Special provision to request JHSC for employers with a smaller number of employees 20 Work Refusals Every jurisdiction provides workers the right to refuse unsafe work without fear of reprisal Can refuse work tasks if they have reasonable cause to believe the action would bring harm to themselves or to others Workers should follow established procedures to report a work refusal 21 Work Refusals Limits: Essentially, a worker does not have right to refuse unsafe work if: • That work is a normal condition of employment • The refusal places another person’s life in jeopardy 22 Workplace Hazardous Materials Information System (WHMIS) WHMIS legislation (1988) promoted workers’ right to know about chemical hazards in the workplace using: • Labels to alert the worker that a container contains a potentially hazardous product • Material safety data sheets outlining a product’s potentially hazardous ingredient(s) and safe handling procedures • Employee training 23 Corporate Liability For OHS under the Criminal Code Bill C-45, sometimes called the Westray legislation • Passed in 2003 and became law in 2004 • Named after the Westray mine tragedy • This legislation added sections to the Criminal Code of Canada that make company executives more accountable when workers are killed or injured on the job as a result of management negligence 24 Corporate Liability For OHS under the Criminal Code This legislation makes a company responsible for: • The actions of those who oversee day-to-day operations (e.g., mid-level managers and supervisors) • Managers (executive or operational) who intentionally commit, or have employees commit, crimes to benefit the organization • Managers who do not take action when they become aware of offences being committed • The actions of managers who demonstrate a criminal lack25 Corporate Liability For OHS under the Criminal Code Passing of Bill C-45 into law meant the following additions to the Criminal Code: • Section 217.1: • Those in authority for workers have a responsibility to take reasonable steps to protect those workers from harm (applies due diligence to executives as well) • Sections 22.1 and 22.2: • Corporations can be criminally liable for negligence and other offences There have been several convictions, including large fines and prison sentences, under this law 26 Workers’ Compensation 27 Workers’ compensation Form of insurance governed by an act of parliament to help workers injured on the job to return to work Ensures injured worker receives: • First aid treatment • Benefits while at home recuperating • Proper treatment for any injuries • Rehabilitation 28 Workers’ compensation Key aspects of Workers’ compensation • Collective liability for employers • Where all employers in a class or other rate group are liable for the costs of any or all accidents and occupational diseases that occur in the operations of those employers • Compensation for workers despite employer’s financial condition • Compensation based on loss of earnings • “No-fault” system • Nonadversarial process: Little or no recourse in the courts 29 Workers’ compensation Administered by Workers’ Compensation Board 30 Workers’ compensation Regulations and responsibilities of WCBs • Classify employers to ensure consistency • Decide whether an individual is classified as a worker, a subcontractor, or an employer, as each class has different conditions • System can pay benefits if worker is affected by an industrial disease that has resulted from his or her occupation 31 Workers’ compensation Injured workers will receive… • payment while off work and all medical bills paid if injury happened at work and because of work • pension if disability is or becomes permanent • benefits if he or she cannot earn some amount of money earned before incident 32 Compensation Rates and Methods Amount of compensation: Two methods • Five jurisdictions base on a percentage (generally 90%) of net earnings • The remaining jurisdictions base on a percentage of average earnings • Jurisdictions like Nova Scotia have used both methods depending on the date of the incident 33 Compensation Rates and Methods Economic Loss • Wage or earnings loss when workers can no longer earn the same amount of money that they were earning before the incident • E.g., Worker earning $20/hr before incident and $10/hr after incident; potential compensation is $10/hr Non-Economic Loss • Injured worker could receive non-economic loss if unable to perform some of the things that they had been able to do before the incident • E.g., Worker unable to golf as a result of the incident; a benefit could be paid for that non-economic loss 34 Medical aid and incident prevention Employees who sustain a work-related injury are compensated for loss of earnings and loss of functional capacity • Limit of ability or dexterity depending on seriousness of an injury Workers are no longer able to perform some of their job duties, such as lifting, twisting, or bending, and are considered to have suffered loss of functional capacity for which benefits are payable 35 Social goals of Workers’ Comp Two main goals: 1. Provide services to prevent injuries or reduce psychological impact of injuries when they occur 2. Provide training and development to prepare an injured worker to return to work 36 Social goals of Workers’ Comp Provision for second injuries Second Injury Fund • Facilitates the re-employment of disabled workers • Without a provision for multiple injuries, employers might be tempted to discriminate against workers with disabilities • Additional injury could make employer responsible for a far more serious disability than if the worker had not had a prior injury 37 Social goals of Workers’ Comp Rehabilitation Vocational Rehabilitation • Helps injured workers return to their place of employment or find similar work elsewhere Physical Rehabilitation • Restores workers’ physical function Social Rehabilitation • Psychological and practical services to help workers with severe disabilities cope with daily life 38 Occupational diseases & work stress Occupational diseases include: • Various cancers • Skin diseases • Allergic reactions to materials and components in the workplace Latency Period • Time between exposure to a cause and development of a disease 39 Occupational diseases & work stress Three groups of stress-related disabilities: • Physical injury or occupational disease leading to mental disability • Mental stress resulting in a physical disability, traumatic occurrence, or series of occurrences • Mental stress resulting in a mental condition 40 Assessments Employers are grouped together according to type of operation or industry in which they are engaged, and they are assessed on that basis. Employers are divided into three categories: • Contribute to incident fund and benefit from collective liability • Individually liable for their own employees’ incidents • Certain low-risk industries excluded under various acts across the country (e.g., banks in Quebec) 41 Assessments 42 Assessments Injury Frequency and Severity Rates • Some organizations calculate injury frequency and severity rates to benchmark and track their own safety performance. • In some cases WCBs can also provide this information to companies. • This information helps organizations benchmark their health and safety. 43 Assessments Calculating Injury Frequency • To determine the frequency injury ratio, consider that the frequency is the number of medical aid injuries relative to the number of hours worked expressed in a ratio of 200 000 Calculating Injury Severity • To determine the severity injury ratio, consider that the total number of days lost due to injuries relative to the number of hours worked expressed in a ratio of 200 000 44 Assessments Calculating Injury Frequency Frequency = (number of injuries / total hours worked) x 200,000 Step 1: calculate total # of hours worked (Days x people x hour shifts) • E.g., a company employs 300 people who work 8-hour shifts for 250 days in one year • 250 (days) x 300 (people) x 8 (hour shifts) = 600,000 total hours worked Step II: calculate number of injuries (sum of all injury types) • E.g., this company has a record of 6 medical-aid injuries with no lost time, 15 minor injuries with 5 total days lost, 3 major injuries with 55 total days lost • (6 + 15 + 3) = 24 Step III: calculate injury frequency • (24 / 600,000) * 200,000 = 8 45 Assessments Calculating Injury Severity Severity = (number of days lost to injuries/total hours worked) x 200,000 Step 1: calculate total # of hours worked (Days x people x hour shifts) • E.g., a company employs 300 people who work 8-hour shifts for 250 days in one year • 250 (days) x 300 (people) x 8 (hour shifts) = 600,000 total hours worked Step II: calculate total days lost (sum of days lost due to injury) • E.g., this company has a record of 15 minor injuries with 5 total days lost, 3 major injuries with 55 total days lost • (5 + 55) = 60 Step III: calculate injury severity • (60 / 600,000) * 200,000 = 20 46 Experience rating Incident insurance premium pricing scheme that considers the cost experience of employer • Firms with lower-than-average incident costs per worker pay lower premiums than firms with above-average incident costs • Safer employer will face lower workers’ compensation costs given two similar firms • Primary effect is financial incentive for relatively safe firms 47 Reporting requirements Employers must report all workplace injuries to WCB within a certain time. Employer report collects information about: • Nature of employment relationship • Employee’s salary and hours of work • Nature of incident and injury • Extent of time loss and medical treatment 48 Reporting requirements Noncompliance • When employers and employees fail to comply with the act in their jurisdiction, then penalties and fines can be applied. • Penalties and fines vary, as penalties do not require court proceedings. • Employers could pay upward of $50 000. 49 The WCB claims process To process a claim when a worker is injured, WCB needs information from three parties: 1.Employer 2.Employee 3.Physician Details vary from jurisdiction to jurisdiction. 50 51 52 53 54 55 56 57 58 Learning objectives for today 1)Outline key historical developments and current trends in OHS 2)Describe the role of law in OHS 3)Explain corporate liability and creative sentencing 4)Highlight the role of workers compensation 59 For next class… We’re covering safety aspects of OHS (part 1) Be sure to complete the readings • Chapter 4, pages 82-95 (Terminology to Risk Control) • Chapter 12, pages 308-323 (Full chapter) Send your team preferences ASAP (deadline is Friday) • Team formation confirmed next class 60