high_visibility_garments-20151215.pdf

Ontario Police Health and Safety Committee Guidance Note #8 High Visibility Garments Introduction Police personnel continue to suffer serious injuries and death as a result of being struck by passing vehicles. Often first to arrive at the scene of a road emergency where visibility may be poor, poli...

Ontario Police Health and Safety Committee Guidance Note #8 High Visibility Garments Introduction Police personnel continue to suffer serious injuries and death as a result of being struck by passing vehicles. Often first to arrive at the scene of a road emergency where visibility may be poor, police personnel must be protected against traffic hazards through the implementation of a comprehensive traffic protection plan. It is important for workers to be aware of the hazards associated with poor visibility in a variety of adverse conditions and the measures and procedures to be followed for their protection. The focus of this guidance note is on the wearing of high visibility garments in advance of assigned duties when police are exposed to traffic hazards, including but not limited to R.I.D.E. checks, traffic enforcement and traffic control, and as soon as practicable during emergencies. However, employers are reminded that high visibility garments are just one aspect of a comprehensive workplace program to protect workers from the hazard of being struck by passing vehicles or other mobile equipment. A comprehensive program includes an assessment of the risks, implementation of measures and procedures appropriate in the circumstances e.g. warning lights, signs, signallers, barriers, other emergency response personnel, etc. and worker training. Conditions that impact the visibility of police personnel working on or near roadways include: • • • • • Time of day Weather Traffic volume and speed Topography/configuration of roadway Nature of work activity Revision Date: May 13, 2013 Approved on: May 9, 2008 1 Occupational Health and Safety Act (OHSA) and High Visibility Garments Police personnel frequently work in environments that do not fall under a specific workplace regulation (e.g. side of a road). Consistent with the general duty under section 25(2)(h) of the Act, employers are required to take every precaution reasonable in the circumstances to protect workers. It follows that employers must assess the risks associated with traffic hazards and implement appropriate controls. One of the controls employers should consider as part of the workplace policy and program to protect workers against traffic hazards is the wearing of high visibility garments for better visibility. It is recognized that a high visibility garment may not be appropriate in some circumstances where it is necessary for the officer to be inconspicuous as a part of his or her police work. However, consistent with the OHSA, reasonable precautions in the circumstances must still be taken by the employer to protect the worker against traffic hazards. Regulation for Industrial Establishments (Reg. 851) When police personnel are in workplaces that fall under the definition of an industrial establishment, the movement of vehicles, forklifts and other mobile equipment puts workers at risk. The Regulation for Industrial Establishments does not specifically address the use of high visibility garments but sets out the following requirements to protect workers: Section 20 - requires the use of barriers, warning signs or other safeguards where workers are at risk of being struck Section 79 – workers to be instructed and trained in the care and use of any protective clothing, equipment, or device required to be worn Regulation for Construction Projects (O. Reg. 213/91) For workplaces that fall under the definition of a construction project, the Regulation for Construction Projects (O. Reg. 213/91) sets out specific minimum requirements for highvisibility garments to protect workers exposed to traffic hazards: Section 69.1 – workers who may be endangered by vehicular traffic must wear a garment that covers at least the upper body and has the prescribed features for background material, stripes, and fit, with a tear-away feature if the garment is a nylon vest. Vests must also have an adjustable fit. Revision Date: May 13, 2013 Approved on: May 9, 2008 2 This regulation does not specify the performance criteria (i.e., chromaticity/luminance) for the required background material, front and back stripes, or silver night-time stripes for arms, legs, or sides. However, the Canadian Standards Association (CSA) current standard for high visibility safety apparel includes performance criteria for three colours of background material (fluorescent or bright yellow-green, fluorescent, or bright redorange and fluorescent or bright red) and for three colours of stripes (combined retroreflective and fluorescent yellow-green, orange-red or red). Implementing a Workplace Policy and Program - Use of High Visibility Garments The following recommendations relate to the use of high visibility garments as one element of a comprehensive workplace policy and program to protect workers from traffic hazards: • • Inclusion of the appropriate type of high visibility garments to be worn for worker protection according to the circumstances in both generic traffic protection plans for workers and in on-site assessments Purchase of high visibility apparel that meets the design and performance criteria of the current CSA standard for high visibility safety apparel for both the background material and the stripes: Daytime – Class 2, Level 2 Night-time – Class 2, Level 2 along with horizontal stripes/bands (retroreflective and fluorescent or retro-reflective and background material) that encircle both arms and legs not less than 5 centimetres from the wrist or ankle OR Class 3, Level 2 • • • • • • • • Garment labelling that confirms the current CSA standard’s design and performance criteria Hierarchy of garment style and performance criteria available depending on environmental conditions e.g. time of day, nature of police activity, etc. Side and front tear away feature for high visibility vests where there is a risk of the worker being caught Provision of personal high visibility garments to ensure optimum fit, use and maintenance Addressing the interaction of high visibility garments with other personal equipment or other types of equipment being used at the workplace Regular inspection High visibility garment to be maintained in good condition Worker training and supervision on the use and care of high visibility garments Employers are reminded that depending on the circumstances, other measures, and procedures for worker protection e.g., cones, flashing lights, worker location, vehicle Revision Date: May 13, 2013 Approved on: May 9, 2008 3 position, barriers, etc. may be needed as controls to protect workers in addition to the wearing of high visibility garments. Additional Information - The Policing Standards Manual 2000 I. Guideline Al-010: Police Uniforms This document should be shared with the workplace Joint Health and Safety Committee or Health and Safety Representative, incorporated into the workplace occupational policy and program and posted on the police service’s intranet. For additional information on the requirements under the Occupational Health and Safety Act (OHSA), refer to http://www.elaws.gov.on.ca/html/statutes/english/elaws_statutes_90o01_e.htm This guidance note has been prepared to assist the workplace parties in understanding their obligations under the Occupational Health and Safety Act (OHSA) and the regulations. It is not intended to replace the OHSA or the regulations and reference should always be made to the official version of the legislation. It is the responsibility of the workplace parties to ensure compliance with the legislation. This guidance note does not constitute legal advice. If you require assistance with respect to the interpretation of the legislation and its potential application in specific circumstances, please contact your legal counsel. While this advisory will also be available to Ministry of Labour inspectors, they will apply and enforce the OHSA and its regulations based on the facts as they may find them in the workplace. This advisory does not affect their enforcement discretion in any way. The Public Services Health and Safety Association may be contacted for assistance in the development and implementation of an occupational health and safety program: http://www.healthandsafetyontario.ca/bundles/pshsa/index.html Revision Date: May 13, 2013 Approved on: May 9, 2008 4