Introduction to Occupational Health and Safety PDF

SAFE-412 Safety in the Petroleum Industry Introduction to Occupational Health and Safety This page was intentionally left blank. Table of Contents Rationale....................................................................................................................................... 1 Le...

SAFE-412 Safety in the Petroleum Industry Introduction to Occupational Health and Safety This page was intentionally left blank. Table of Contents Rationale....................................................................................................................................... 1 Learning Outcome........................................................................................................................ 1 Learning Objectives...................................................................................................................... 1 Introduction................................................................................................................................... 2 Objective One............................................................................................................................... 1 Learning Activities..................................................................................................................... 1 Learning Material....................................................................................................................... 1 The Occupational Health and Safety Act............................................................................... 1 The Occupational Health and Safety Regulation................................................................... 1 The Occupational Health and Safety Code........................................................................... 2 Updates to the OHS Code..................................................................................................... 5 Objective Two............................................................................................................................... 6 Learning Activity........................................................................................................................ 6 Learning Material....................................................................................................................... 6 Objective Three............................................................................................................................. 8 Learning Activities..................................................................................................................... 8 Learning Material....................................................................................................................... 8 Worker and Employer Responsibilities Under the OHS Act.................................................. 8 Practice Exercise One............................................................................................................. 10 Objective Four............................................................................................................................. 11 Learning Activity...................................................................................................................... 11 SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology i  Learning Material..................................................................................................................... 11 OHS Officer Rights and Responsibilities............................................................................. 11 Objective Five............................................................................................................................. 13 Learning Activity...................................................................................................................... 13 Learning Material..................................................................................................................... 13 Written Orders..................................................................................................................... 13 Stop Work Orders................................................................................................................ 13 Administrative Fines............................................................................................................ 14 Court-Issued Fines.............................................................................................................. 14 Due Diligence...................................................................................................................... 15 Objective Six............................................................................................................................... 16 Learning Activity...................................................................................................................... 16 Learning Material..................................................................................................................... 16 Section 31: Right to Refuse Work........................................................................................ 16 Section 35............................................................................................................................ 16 Section 40.............................................................................. 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Objective Seven.......................................................................................................................... 18 Learning Activity...................................................................................................................... 18 Learning Material..................................................................................................................... 18 The Regulation.................................................................................................................... 18 Objective Eight............................................................................................................................ 19 Learning Activities................................................................................................................... 19 Learning Material..................................................................................................................... 19 SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology ii  OHS Act and Regulation...................................................................................................... 19 OHS Code........................................................................................................................... 19 Summary..................................................................................................................................... 20 References.................................................................................................................................. 21 SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology iii Introduction to Occupational Health and Safety Rationale Why is it important for you to learn this material? All workers, employers, supervisors, safety professionals, contractors, subcontractors and suppliers who work in Canada are required to comply with the provincial or federal Occupational Health and Safety (OHS) legislation. Every day workers are injured on the job and in some instances, killed. The Canadian government has enacted legislation to provide protection for workers and consequences for those who fail to meet their obligations for safety under the applicable legislation. This module provides you with basic information about the responsibilities, enforcement process and requirements that must be followed according to OHS legislation by workers, employers, supervisors, contractors, subcontractors and suppliers in Alberta. Learning Outcome When you complete this module, you will be able to: Interpret the Occupational Health and Safety (OHS) legislation. Learning Objectives Here is what you will be able to do when you complete each objective. 1. Outline key aspects of the Alberta Occupational Health and Safety (OHS) Act, Regulation and Code. 2. Explain how changes are made to the Alberta Occupational Health and Safety Act, Regulation and Code. 3. Distinguish between the responsibilities of workers, employers, suppliers and prime contractors. 4. Describe the role of the inspectors. 5. Specify the enforcement tools and their application. 6. Describe the conditions for refusing unsafe work. 7. Examine Section 15 of the Alberta OHS Regulation. 8. Use the OHS legislation to find specific requirements. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 1 Introduction Occupational Health and Safety (OHS) legislation provides standards for the protection of workers’ health and safety. The legislative goal is to ensure a safe and healthy work environment for all workers. The Occupational Health and Safety Act (OHSA) outlines the rights and responsibilities of workers, employers, suppliers and prime contractors and governs the related regulation and code legislation. In this course, the Alberta OHSA and the pursuant Regulation and Code are used as primary required reference materials. You will need to access a copy of the Alberta OHS Act, Regulation and Code while studying this module. You can obtain an online copy of the OHS Act, Regulation and Code from the provincial government printers or from the SAIT library. Direct web links to the primary course reference materials are provided in the Learning Resources section. Every employer must keep copies of the OHS Act, Regulation and Code, and make them accessible to workers. All jurisdictions in Canada have the same or similar safety and health legislation. You are encouraged to refer to the relevant local documents for accurate information on the legislation in other Canadian provinces or territories. In Alberta, the most recent OHSA was passed into law by Legislature in December 2021. The OHSA enables the more specific provisions in the Regulation and Code documents to be enforced under its authority, as follows: The Alberta OHS Regulation, last amended in 2021, defines the critical safety requirements common to many workplaces and the standards for permits and certificates in certain hazardous occupations The current Alberta OHS Code (2023) sets out specific core requirements that apply to all industries, as well as other requirements that apply only to certain industries or activities (e.g., demolition, diving operations and excavating) Always check the government website for the most up-to-date legislation. Note: Not all occupations are covered by Alberta OHS legislation. To determine occupational exceptions in specific locations in Canada, check local provincial or territorial legislation. Typical exceptions are: Domestic workers such as live in nannies Federal government employees Workers in federally regulated industries Certain agricultural workers SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 2 Self-employed workers are treated as employers under the OHSA. Note: All jurisdictions in Canada have the same or similar legislation concerning electrical installations and building and fire codes. Since it is impossible to refer to them all, the Alberta Act, Regulation and Code are referred to in this module. You are encouraged to refer to the appropriate documents for your province or territory SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 3 Objective One When you complete this objective, you will be able to: Outline key aspects of the Alberta Occupational Health and Safety (OHS) Act, Regulation and Code. Learning Activities Complete each of the following learning activities: 1. Read the Learning Material below. Learning Material The Occupational Health and Safety Act The Occupational Health and Safety Act (OHSA) is legislation passed by the provincial government that provides the foundation for occupational health and safety law in Alberta. The Act empowers a particular government department to create appropriate health and safety regulations. The Act also establishes how that department will go about creating, changing and enforcing regulation requirements. In Alberta, the Jobs and Employment Department of the provincial government oversees the regulation of workplace safety and health. The name of the department will change from time to time, but the governing authority does not. The Alberta OHSA is divided into 78 sections, each giving specific direction to employers and/or employees. Page 1 of the Act lists the titles for each of the 78 sections. The first section deals with definitions, which explain what the legal terms or jargon used in the Act mean in practice. The Act enables the enforcement of the Occupational Health and Safety Regulation and Occupational Health and Safety Code. It also provides details about the powers of the officers and the fine system, as well as responsibilities for workers, employers, suppliers and prime contractors. The Occupational Health and Safety Regulation The OHS Regulation (OHSR) introduced under the OHSA establishes some definitions used in the Act, as well as allowing for the Minister to order programs be established for research, education and health surveillance. The OHSR is a legal document that can be changed by the designated government department with the legislature’s consent. The OHSR was last updated in 2021. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 1 The Occupational Health and Safety Code The Occupational Health and Safety Code (OHS Code) was developed to establish technical requirements for ensuring safety at the worksite. As you can see when you refer to the Alberta OHS Code (2023), not every provision will apply at every worksite. However, some Parts of the Code will apply to all worksites and should therefore be reviewed by all workers. Examples of OHS Code provisions that apply to all workplaces are: Emergency Preparedness and Response First Aid Working Alone The OHS Code is broken down into Parts, each of which addresses a specific set of working conditions. Parts 4 to 29 are applicable to all industries, whereas parts 30 to 41 are dedicated to specific industries and activities. Some of the common Parts are described below. Part 1 - Definitions and General Application Part 1 of the OHS Code gives an overview of common definitions of working conditions that apply across all industries. Before applying industry-specific OHS Code provisions, to ensure a clear understanding, it is important to review the Definitions listed on the government of Alberta website at https://kings-printer.alberta.ca/documents/OHS/OHSCode_March_2023.pdf Specification for determining the application of the Code to various types of workers and those workers who are exempted are also included in this Part. They include farming and ranching workers and domestic workers. Section 3.2 and 3.3 state workers who are required to use or wear specific equipment or perform a specific duty must do so. Part 2 - Hazard Assessment, Elimination and Control This part of the OHS Code requires employers to develop hazard assessments for each task that must be done on a worksite. These assessments must be completed before any work begins or construction of a new worksite. Workers who are affected by the potential hazards must be involved in the assessment as well as in the control or elimination of hazards. When hazard reduction and elimination procedures are being considered, elimination must be applied first. If elimination is not practicable, then controls measures must be developed and SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 2 implemented. Employers may also choose to apply a combination of two or more of these control methods if these are effective in increasing the level of worker safety. More information on the Assessment, elimination and control of hazards can be found in the SAIT module, Hazard Identification and Control. Part 7 - Emergency Preparedness and Response This part of the OHS Code requires employers to have an emergency response plan for situations that require rescue or evaluation and lists the items that such plans must contain. It also states the requirement to have trained personnel identified who are able to respond in the event of an emergency. Part 11 - First Aid The First Aid section of the OHS Code covers requirements that employers must have in place to ensure that all workers present on a worksite are appropriately cared for in the event of an incident or accident. These requirements address: Training standards Provision of services, supplies and equipment Location of first aid supplies Emergency transportation First aid providers Duty to report injury or illness Record of injury or illness First aid records access For a more detailed breakdown of the first aid requirements for different types of worksites, refer to OHS Code Schedule 2. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 3 Part 15 - Locking Out The Locking Out part of the OHS Code ensures that employers develop appropriate equipment safety procedures and training for their workers. Part 18 - Personal Protective Equipment (PPE) Part 18 of the OHS Code covers the requirements for the use of PPE at the workplace. This Part discusses the importance of and training requirements for each type of PPE that can be worn. Employers and workers are both responsible for ensuring compliance with the requirements of this part of the Code. Part 22 - Safeguards Part 22 of the OHS Code discusses the requirement to have preventive measures in place if a worker can come into contact with machinery in a way that can result in injury or fatality. Some of the specific preventive measures identified are safety nets, safeguards and toe boards in specific work contexts. Employers have a huge responsibility to ensure that required safeguards are in place. Part 24 - Toilets and Washing Facilities New language was added to Part 24 of the OHS Code in 2009 to ensure that employers supply adequate drinking water and washing facilities for workers. In the past, some occupations were expected to work with no washing or toilet facilities. Some employers even failed to provide potable water for workers to drink. The new language has helped workers by legally requiring employers to meet minimum health and hygiene standards at worksites. Part 27 - Violence Part 27 of the OHS Code addresses violence in the workplace. Employers are required to put procedures in place to ensure that: Workers know how to recognize workplace violence Appropriate employee supports are in place in the event that violence occurs at work Part 28 - Working Alone Part 28 of the OHS Code requires employers to provide effective communications equipment or regular supervisory contact to ensure an adequate level of safety for people working alone. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 4 Updates to the OHS Code It is important for you to be aware that the Alberta OHS Code (2023) is a living document, which means that it changes on a regular basis as new information is available and new technologies are created. The most up to date version will always be available on the Provincial Government’s website – www.work.alberta.ca SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 5 Objective Two When you complete this objective, you will be able to: Explain how changes are made to the Alberta Occupational Health and Safety Act, Regulation and Code. Learning Activity Complete the following learning activity: 1. Read the Learning Material below. Learning Material Changes to the OHSA require legislative approval. The process of approval often takes years to accomplish, while the related Regulation and Code can be amended much more quickly. This flexibility allows changes in workplace conditions to be addressed in a timelier way to better protect the health and safety of everyone concerned. In Alberta, new legislation and changes to existing legislation are passed in the House of Parliament in which the Premier and all elected Members of the Legislature Assembly (MLAs) attend sessions. It is the responsibility of the MLAs to introduce bills into the House. A bill is a proposal for a new law or a change to an existing law. This process is called the first reading. After a bill is introduced, it is voted on by the MLAs. The first vote is only to determine if the majority of the members support the idea. If it passes with a majority vote, it goes on to a second reading. In the second reading, there is debate about the principle of the bill. All MLAs are allowed a fair chance to speak, and this process is moderated by the Speaker of the House. After the debate has finished, there is a second vote taken. If the bill passes the second reading, it is sent to a committee where it is looked at in detail and any changes or amendments are identified. Once this process is complete, the bill, with the amendments, goes back to the MLAs for a final reading and debate. The last step is the third vote. If the bill, with the amendments, gets a majority vote, then the bill receives Royal Assent and becomes law. If the bill fails to receive majority vote at any stage of the process, it cannot move forward. The member who introduced it will need to resubmit it with changes in the next session of the legislature for it to go through the process again. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 6 The same process is in place to amend existing legislation. All legislation can be amended from time to time. The OHSA was most recently amended in 2012. The OHS Code does not need Royal Assent to have changes made. Changes to the Code are done through the Occupational Health and Safety Council. After consultation with the stakeholders in the province, changes will be made in a 5 year cycle. If immediate changes are required, however, the Council has the authority to make those changes if there are concerns over a worksite condition or practice that could result in serious injuries or fatalities. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 7 Objective Three When you complete this objective, you will be able to: Distinguish between the responsibilities of workers, employers, suppliers and prime contractors. Learning Activities Complete each of the following learning activities: 1. Practice Read the Learning Material below. 2. Complete Exercise One. Learning Material The OHS Act sets out the obligations of employers, supervisors, workers, suppliers, service providers, contractors, prime contractors, owners, self-employed persons and staffing agencies. Each of these groups is required to make every reasonable effort to ensure the safety of themselves and all others on the worksite, to work in a safe manner and to follow the regulations under the Act. Most legal charges against employers and workers are based on failure to comply with this. Ultimately, everyone is responsible for themselves and for others at the worksite at all times. Worker and Employer Responsibilities Under the OHS Act Employers are responsible for the health and safety of all persons on their worksites, whether they are their own employees or not, and whether they are doing work or not. This can also extend to certain volunteers, visitors and general public. To fulfill their responsibility, employers must ensure that all workers at worksites are aware of their individual rights and duties under the OHS Act, Regulation and adopted Code (Alberta OHS Act, 2020). This generally means the employer will provide the worker with an orientation to the worksite and job that includes information about the hazards of the job, the methods of controlling the hazards and the worker’s rights and responsibilities under the OHS legislation. They are also responsible for ensuring workers are not subjected to violence or harassment and are supervised by someone who is competent. The employer is also required to ensure there is a health and safety committee or representative and establish a health and safety program. The employer must also determine the competency of workers and supervisors, as well as SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 8 ensure all workers who are preforming work are competent or under the direct supervision of someone who is competent. Supervisor duties and responsibilities are very similar to that of the employer. Supervisors must be determined competent by the employer, communicate hazards and their methods of control to the workers and prevent violence and harassment. Duties and obligations of workers require workers to ensure the health and safety of themselves, their coworkers and others at the worksite. Wear and use all devices provided by the employer or required for the work being performed, including fall arrest and PPE, report all unsafe or harmful activity or situation. They must also ensure they do not participate in or cause harassment or violence. This means that if the employer has established safe work procedures, workers must follow them. For example: If the employer requires workers to wear personal protective equipment, the worker must wear it If the employer sends the worker to a training course, the worker must participate in the training and apply the training. Owners must ensure that any facility on their site or under their control is maintained in a safe manner Suppliers must ensure that the tools, appliances or equipment they provide are in safe operating condition. They must also ensure that any controlled products or hazardous materials they provide comply with all provisions in the Act, Regulation and Code legislation. Prime contractors must also ensure that every employer and worker who is at a worksite under the direction of a principal contractor complies with the Act, Regulation and Code provisions. Any person who has mandated responsibilities under the legislation and fails to comply with OHS legislation provisions can expect to face legal charges and consequences. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 9 Practice Exercise One Instructions: Assign each function to the appropriate area of responsibility by placing the functions listed below into the correct box. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 10 Objective Four When you complete this objective, you will be able to: Describe the role of the inspectors. Learning Activity Complete the following learning activity: 1. Read the Learning Material below. Learning Material OHS Officer Rights and Responsibilities Alberta OHS officers are provincial government employees who work out of various offices in the province. Their role is to ensure workers are protected while performing work activities for their employer. OHS officers conduct inspections on a regular basis and respond to complaints received by their office. Complaints to OHS can be made online, over the phone or in person. All information collected for the complaint is anonymous—the name of the person who made the complaint will not be released to anyone involved in the complaint. The contact number for reporting a concern is 1- 866-415-8690 for urgent situations and online at https://ohscomplaintsportal.labour.alberta.ca/prescreening/ for non-urgent situations. Inspections can be done based on past incident history, follow-up on a complaint with the company or a targeted inspection due to a program set out by the provincial government (e.g., construction industry for fall arrest use). OHS officers have the authority to enter any place where there are workers. They may also enter a private dwelling that is used as a worksite with consent. While at the worksite, they have the authority to: Ask questions conduct interviews Bring in or consult with technical experts Seize tools, equipment or machinery Review documents printed or electronic Ask workers to demonstrate the use of equipment or machinery SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 11  Carry out tests If an officer feels there is an unsafe or unhealthy condition at a worksite, he or she can issue a stop work order, specify the measures needed to be done by the employer to correct the situation and impose a time limit in which the employer must make the corrections. The officer may also require workers to leave the worksite until the situation is corrected. Under the OHSA, an officer can issue an order requiring a worker to stop using an unsafe tool or procedure. Failure to comply with such orders can result in charges being laid under the clause requiring safe work. It is important to note that workers who report unsafe working conditions, tools or procedures are legally protected from employer retaliation. For example, inspectors are prohibited from making individual worker safety incident reports public, unless there is evidence that a worker has made a false report or perjured themselves in a legal hearing. The OHSA also stipulates that no person can interfere with the officer while he or she carries out these duties. If the officer feels it is necessary, he or she may enlist the assistance of the local police to help impose his or her orders. Other actions the officer can take include writing tickets, issuing administrative penalties or make a referral to prosecution. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 12 Objective Five When you complete this objective, you will be able to: Specify the enforcement tools and their application. Learning Activity Complete the following learning activity: 1. Read the Learning Material below. Learning Material As with all legislation, there are penalties for not complying with the requirements. For OHS legislation, there are levels of enforcement that can be applied. In general, the goal of the OHSA is to ensure workers are safe when working. Officers will work with employers to educate them as to the requirements for their compliance. However, repeated infractions or failure to comply with legislation will result in the use of several different enforcement tools. Written Orders The most basic enforcement tool is a written order. The officer can, in writing, make an order for the following: A worker to stop using a tool that is not safe A supplier to stop supplying a tool An employer to properly store hazardous materials A stop work order for the company, if the situation calls for it Stop Work Orders For stop work orders, the order may include specific requirements that must be met for the stop work order to be lifted. This may include replacing tools, making the situation safe by improving the storage of hazardous materials or improving conditions (e.g., reducing chemical exposure). The order will provide a time frame in which the corrections must be made and then the officer will conduct a follow-up inspection or the person to which the stop order was issued must report back to OHS on what actions were taken to remedy the situation. If the officer feels the situation SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 13 has been corrected, the stop work order will be revoked. If the officer feels the situation has not been corrected, or feels the employer is not taking action to make improvements, then administrative fines may now be issued by the officer. Administrative Fines Administrative fines can be issued to employers, workers, suppliers and prime contractors. This type of fine has a maximum amount of $10,000.00 for each contravention. If the contravention continues, there can be up to an additional $10,000.00 fined for each day. These fines are issued under the authority of the OHSA. Appeals for the fines can be brought up to the OHS Council. This process was put into effect on October 1, 2013. On January 1, 2014, a violation ticketing system was put in place to issue on-the-spot fines for non-compliance with OHS legislation. These can be issued directly to employers, workers and prime contractors. These fines range from $100.00 to $500.00 per offence. Examples of fines that can be issued to employers include: Failure to ensure employee wears eye protection: $300.00 Failure to ensure ignition source is not present while vehicle refueling: $500.00 Failure to ensure guard on hand grinder is 180◦ of the cutting edge: $500.00 Failure to keep worksite clean and free of slip/trip hazards: $500.00 Workers can also face fines. Some of the offences and amounts include: Not having a valid entry permit when entering a confined space: $100.00 Not using or wearing the fall protection system required by the employer: $200.00 Smoking near flammable substances: $200.00 Working from the top two rungs/steps of a portable ladder: $200.00 The full list of OHS ticketable provisions is available from the Alberta Government’s website at: https://www.alberta.ca/ohs-violation-tickets Court-Issued Fines The final provision for non-compliance penalties are court-issued fines. Conviction on non- compliance charges can result in fines of up to $500,000.00 and/or 6 months in jail for a first offence, and up to $1,000,000.00 and/or 12 months in jail for a second or subsequent offence. Along with the court-ordered general fines, creative sentencing can also be ordered by the court. This type of fine is in addition to the general fines and is money paid into systems that are designed to protect workers or provide treatment after injuries. For example, money has been SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 14 assigned to such things as health centers, schools to provide training for workers, schools to develop safer systems, and outreach programs for new workers. The provincial government posts information on their website that identifies the companies who have charges laid against them and also posts the convictions of those companies who were fined in court. The information posted identifies the companies, the legislation they were convicted under, as well as details on what the fines issued were and where the creative sentence money is going. This information can be found on the Government of Alberta’s Human Services website at: http://humanservices.alberta.ca/working-in-alberta/6750.html Not all companies who do not comply with the legislation are taken to court. Only a small number of companies actually go to court. It depends on the situation, the seriousness of the incident and whether a conviction of the charges will provide a deterrent to others. Due Diligence The words “reasonably practicable” used in the clause mean contravention to the legislation is a “strict liability” charge. This means you can mount a defense using the Due Diligence defense. A Due Diligence defense shows you have done everything that is reasonably possible in the situation to prevent the accident from occurring. It is the level of judgment, care, prudent determination and activity that a person would reasonably be expected to exercise under the particular circumstances. This reasonably practicable is tested with the reasonable person test: What would your peers consider to be appropriate in the same circumstances? This should consider the industry standards and best practices. Internal Responsibility System This is the system established by the employer. Although not specific in Alberta OSH legislation, it is written onto the legislation of other jurisdictions in Canada. Responsibilities for the health and safety system established by the employer is based on the level of authority allotted to the various employees. It recognises every person is responsible for safety and integrates safety into all functions of the company. These are in addition to or in compliment to legislated duties and obligations. For example, seeing a spill and cleaning it up, correcting a shortcut from procedures and reminding your co-worker to put their safety glasses on. Some companies will include the internal responsibility system in the employee performance reviews or conduct observations and record data for a behaviour based safety system. This should be incorporated into the company health and safety program for companies with more than 20 employees and should be developed and implemented for smaller companies. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 15 Objective Six When you complete this objective, you will be able to: Describe the conditions for refusing unsafe work. Learning Activity Complete the following learning activity: 1. Read the Learning Material below. Learning Material Section 17: Right to Refuse Dangerous Work The OHSA contains a very important section that deals with workers’ obligations and rights to refuse work on reasonable and probable grounds if they believe that there is an undo hazard at the worksite or and undo hazard to themselves or their coworkers. An undo hazard is one that poses an immediate and serious threat, not a general health and safety concern. When workers refuse to carry out work or operate equipment because they feel it is unsafe, they must inform their supervisor or their employer of the specific reasons for their refusal as soon as is reasonable and practical. The refusal may be delayed to ensure the safety of the coworkers by flagging off the dangerous area. Once an employer has been notified of a worker refusal to proceed due to their concern for their safety on a worksite, the employer must investigate, assess and eliminate any such danger, and ensure no further worker exposure before work resumes. A written report must be completed that identified the refusal, the inspection and any action taken. The worker who refused and the health and safety representative or a member of the committee must be given a copy of the report. The report must not include the employee’s name or any identifying facts to ensure the privacy of the worker. If the worker who refused still believes the undo hazard still exists, the employee may notify OHS. Section 18 To encourage people to refuse unsafe work, Section 18 of the Act protects workers from unreasonable action by employers due to work refusal under dangerous conditions. Employers SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 16 are specifically prohibited from dismissing or disciplining workers whose actions are in compliance with the OHS Act, Regulation and Code. Section 19 If a worker feels they are being disciplined because of the work refusal, they may contact OHS within 180 days to file a complaint. This will trigger an investigation by an officer and may result in actions taken against the employer. While the investigation is taking place, the worker may be asked to remain at the worksite and be assigned to other work that he or she is reasonably capable of performing. While performing the new assignment, the worker will receive normal pay. Part 7 Part 7 of the OHSA spells out the types of accidents and incidents that employers must report to the Director of Inspection and when they must be reported, as well as the employer’s duties and responsibility for the worksite. This section also deals with serious injuries and accidents that have the potential for serious injury. The main action requirements in case of serious accident as outlined in Section 33 of the OHSA are: Notify the Director of the time, place and nature of the injury or accident Investigate a serious injury or accident Prepare reports in accordance with the regulations Report any actions taken to prevent recurrence of injury or accident Ensure that reports are available to an OHS officer Retain reports Ensure the scene of the accident is not disturbed (unless necessary to attend to a person injured or killed) to prevent further injuries or for the protection of property SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 17 Objective Seven When you complete this objective, you will be able to: Examine Section 15 of the Alberta OHS Regulation. Learning Activity Complete the following learning activity: 1. Read the Learning Material below. Learning Material The Regulation The Occupational Health and Safety Regulation (2021) has undergone significant revision. Many of the requirements previously located in the regulation have been moved into the Act or the Code. Definitions for the regulation, and power to establish educational and surveillance programs are now located in this legislation. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 18 Objective Eight When you complete this objective, you will be able to: Use the OHS legislation to find specific requirements. Learning Activities Complete each of the following learning activities: 1. Read the Learning Material below. 2. Demonstrate your understanding of the material by completing the assignment called Find the Legislation, which is a gradable component of the course. Learning Material When using the OHS legislation as a reference, it can be daunting to try and find a specific clause because of the amount of requirements and the sheer size of the amount of information. The following process will help you better navigate through the legislation. OHS Act and Regulation The Table of Contents for each piece of legislation can be used for the Act and Regulation. Keep in mind that the number indicated beside the clause you are looking for is the clause number, not the page number. OHS Code When looking for specific information in the OHS Code, the Table of Contents lists the Part number for all of the information. Some Parts have over 50 clauses in them. The easiest way to find specific information in the OHS Code is to use the Index. For example, if you are looking for specific information about the entry permit for confined spaces, the Table of Contents will tell you Part 5 is Confined Spaces and you will need to flip through all of the pages in Part 5 to find the information. If you go to the Index and look up entry permit, you will find a listing that says “entry permit system for confined and restricted spaces, 47, 56-58.” Keep in mind these numbers are not page numbers but clause numbers. Turn to the page where you see 47 in bold on the left-hand side of the page in the OHS Code. There you will find the requirement to have a permit for entries. If viewing the document as a.pdf, the search tool is very helpful. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 19 A copy of the up-to-date code is available at the Kings Printer or https://kings- printer.alberta.ca/documents/OHS/OHSCode_March_2023.pdf Summary The OHS Regulation and Code are the documents most frequently referred to because almost all employers and workers will deal with some aspect of safety on a daily basis. All employers and workers are required to have working knowledge of the current OHS Regulation (2003) and Code (2009) under the OHS Act (2018). The OHS Regulation and Code are designed to ensure the health and safety of everyone on a worksite and the provisions are enforced under the OHS Act by the local health and safety authorities. Workplace Health and Safety officers can inspect any worksite and issue a compliance order to any employer, worker and/or prime or principal contractor under the OHS Act, Regulation or Code if they find an unsafe condition or activity. All employers and workers must become familiar with the OHS Act and all Regulation and Code requirements that apply to their work. Each province and territory has its own Occupational Health and Safety legislation similar to the Alberta legislation presented in this module. Every employer and worker must have their local Act, Regulation and Code available for reference at all times on the worksite. SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 20 References Government of Alberta. (2000). Alberta Occupational Health and Safety Act. Retrieved from: http://www.qp.alberta.ca/1266.cfm?page=O02.cfm&leg_type=Acts&is bncln=0779749200 SAFE-412, Introduction to Occupational Health and Safety SAFE-6008 © 2023, Southern Alberta Institute of Technology 21 © 2020, Southern Alberta Institute of Technology (SAIT). All rights reserved. Title to and intellectual property rights in this publication and materials herein vest exclusively in the publisher and their respective owners and are protected by applicable intellectual property laws. Unauthorized reproduction and distribution of this publication in whole or part is prohibited.