WorkSafeNB Health & Safety Orientation Guide PDF

HEALTH & SAFETY ORIENTATION GUIDE for Employers Published by WorkSafeNB, October 2011. Revised June 2014.  TABLE OF CONTENTS TABLE OF CONTENTS HEALTH AND SAFETY ORIENTATION – W...

HEALTH & SAFETY ORIENTATION GUIDE for Employers Published by WorkSafeNB, October 2011. Revised June 2014.  TABLE OF CONTENTS TABLE OF CONTENTS HEALTH AND SAFETY ORIENTATION – WHAT YOU NEED TO KNOW 1. First Impressions are Forever............................................... Page 4 2. The Benefits of Orientation................................................. Page 4 3. Who Needs an Orientation Session?........................................... Page 5 4. Are Employers Obligated to Deliver Orientation?................................. Page 5 5. Orientation – What is Involved?.............................................. Page 5 6. How Do I Get Started?..................................................... Page 7 7. How Do I Develop an Orientation Session?...................................... Page 7 8. Who Delivers Orientation in Companies?....................................... Page 9 ORIENTATION TOPICS 9. Topic 1 – Employer Contact Information...................................... Page 12 10. Topic 2 – Contact Information for your JHSC or H&S Representative................. Page 13 11. Topic 3 – Employer and Employee Rights and Responsibilities...................... Page 15 12. Topic 4 – H ealth & Safety Procedures and Codes of Practice Related to the Employee’s Assigned Job Tasks.......................... Page 23 13. Topic 5 – First Aid and Reporting Illnesses & Injuries............................ Page 28 14. Topic 6 – Accident/Incident Reporting Procedures.............................. Page 29 15. Topic 7 – Emergency Preparedness – Get Ready Now............................ Page 31 16. Topic 8 – Personal Protective Equipment...................................... Page 34 17. Supplementary Topics – WHMIS (Workplace Hazardous Material Information System)... Page 35 APPENDIX A Orientation Overview Chart................................................ Page 38 B Sample Orientation Policy................................................. Page 47 C Sample Right to Refuse Form.............................................. Page 49 D Sample Working Alone Policy............................................... Page 51 E Sample PPE Policy....................................................... Page 53 F PPE Selection – Eye and Face Protection, Respirators............................ Page 55 G Sample WHMIS Safety Audit................................................ Page 57 H Sample Risk Assessment Chart.............................................. Page 60 I Injury and Incident Reporting.............................................. Page 63 J Sample Selection Guidelines for PPE......................................... Page 64 K First Aid/Accident Reporting Orientation Review................................ Page 67 L Emergency Preparedness Checklist for New Employees........................... Page 68 M Joint Health and Safety Committee Orientation Information........................ Page 70 WorkSafeNB | ORIENTATION GUIDE | PAGE 3  HEALTH AND SAFETY ORIENTATION: WHAT YOU NEED TO KNOW HEALTH AND SAFETY ORIENTATION: WHAT YOU NEED TO KNOW Health and safety orientation is a vital component of any company’s health and safety management system. It is the process of introducing new, inexperienced, transferred and returning employees to a safe and healthy workplace. Orientation provides employees with necessary safety information about their job and tasks, informs them of specific details about workplace hazards and provides an opportunity to learn about the company and their colleagues, ask questions and to clarify new or confusing information. In New Brunswick, all employers are required to provide new employees with orientation before they begin work at the workplace as well as job specific training. This guide assists employers with developing their orientation program. 1. FIRST IMPRESSIONS ARE FOREVER Too many times companies rush through orientation not realizing employees have different comfort levels with their new job, bring different experiences to the job and have different learning needs. Orientation is not meant to be a checklist task – it is an employee’s first impression of the management system and the overall workplace culture. New employees starting with any company will have expectations about the workplace culture and the emphasis on the safety orientation they receive will be reflected in their work performance, their eagerness to learn and their willingness to contribute to a safe and healthy workplace. 2. THE BENEFITS OF ORIENTATION The benefits of providing new employees with a comprehensive orientation are numerous: Employees become aware of the health and safety hazards on the job, controls for these hazards and how they can affect their safety and the safety of others. Helps reduce the risk of potential injuries and accidents. Meets legislative requirements (demonstrates due diligence). Helps balance the company’s need for productivity with the employee’s need for safety and security. Increases efficiency of the new employee. Contributes to building a retention culture within the organization, thereby reducing turnover. Demonstrates the company’s moral obligation to protect the employee from harm. PAGE 4 | ORIENTATION GUIDE | WorkSafeNB  HEALTH AND SAFETY ORIENTATION: WHAT YOU NEED TO KNOW 3. WHO NEEDS AN ORIENTATION SESSION? All new employees who meet any of the following definitions need an orientation. The Occupational Health and Safety (OHS) Act defines new employees as any person who is: New to a position or place of employment. Returning to a position or place of employment in which hazards have changed during the employee’s absence. Under 25 years of age and returning to a position or place of employment after an absence of more than six months. Affected by a change in the hazards of a place of employment. 4. ARE EMPLOYERS OBLIGATED TO DELIVER ORIENTATION? In short, yes. The OHS Act came into force in New Brunswick in 1983 and provides the basic framework for making New Brunswick workplaces safe and healthy for employees. It: Fosters the Internal Responsibility System (IRS) by requiring employers to provide for a healthy and safe workplace, making them directly responsible for implementing and monitoring health and safety. Imposes both general and specific duties on all workplace parties to exercise health and safety practices. Gives employees three basic rights: the right to know about hazards on the job; the right to participate in health and safety initiatives; and, the right to refuse unsafe work. Sets out penalties for non-compliance of legislative standards and provides WorkSafeNB’s health and safety officers the power to inspect workplaces, investigate workplace complaints, investigate workplace accidents and issue orders for non-compliance. In addition, amendments to the Act in 2014 provide the requirement that a new employee must receive orientation to the position and place of employment before beginning work [OHS Act, subsection 8.2(2)]. As well, they must receive job specific training if required (for example, lift truck operator certification). 5. ORIENTATION – WHAT IS INVOLVED? The two questions asked most often about orientation are: “How long should orientation take?” and “What should I cover during the orientation session(s)?” The length of time required for orientation cannot be defined, as it will depend on the workplace, and the specific job and tasks. Orientation should not consist of a whirlwind of checklists and safety manuals handed to the new employee, but rather needs to be practical and hands-on, and should focus on the skills the employee must develop to be successful at their job. WorkSafeNB | ORIENTATION GUIDE | PAGE 5  HEALTH AND SAFETY ORIENTATION: WHAT YOU NEED TO KNOW ORIENTATION TOPICS The following eight topics are the minimum requirement for organizations to review with new employees before they begin work: 1. Contact Information: Names, phone numbers, fax numbers, pager number of employee’s supervisor and company personnel, including emergency contact information. 2. Joint Health and Safety Committee (JHSC) or Safety Representative: Introduce the employee to the committee members or the safety representative (along with their contact information) and outline the JHSC’s or safety rep’s role in helping management maintain a healthy and safe workplace. 3. Rights and Responsibilities: Explain both the employee and employer responsibilities as outlined in both the OHS Act and Workers’ Compensation (WC) Act. Specific information includes: - Reporting of accidents - Reporting unsafe working conditions - Process for exercising their right to refuse unsafe work 4. Procedures and Codes of Practice: Explain the company’s procedures and codes of practice as it pertains to the employee’s job and department. Outline the expectations for the employee and the employee’s supervisor to adhere to all standards. 5. First Aid: Introduce first aid providers, indicate areas for first aid kits or room, explain to employees how to summon first aid for themselves or for a co-worker. 6. Accident/Injury Reporting Procedures: Explain the established company procedure and contact people for reporting any injuries sustained by the employee. 7. Emergency Procedures and Preparedness: Review the company’s emergency personnel contact info; evacuation plan, including exit routes; evacuation signals and sirens; location of eyewash stations and showers, fire extinguishers, and alarm pull boxes; identify fire marshal(s); and identify exposures. Other procedures may include: - Bomb threats/suspicious packages - Threatening, violent or disruptive behaviours - Chemical spills, gas leaks - Debriefing assistance for critical incidents 8. Personal Protective Equipment (PPE): Review the required PPE (legal) standards for specific jobs or job tasks, including the appropriate use, fitting, storage, and maintenance for assigned jobs. Other topic areas may also need to be included in the orientation information. Two common topics that you may want to include are: Code of Practice for Working Alone: Outline the process for any employee who works alone so they can remain safe on the job or to be able to summon emergency assistance, if required. Workplace Hazardous Material Information System (WHMIS): Explain where hazardous material and substances are located and review the labeling system, hazardous symbols and location and contents of the Material Safety Data Sheets (MSDS). Train employees on site-specific products and accompanying MSDS material. PAGE 6 | ORIENTATION GUIDE | WorkSafeNB  HEALTH AND SAFETY ORIENTATION: WHAT YOU NEED TO KNOW 6. HOW DO I GET STARTED? All companies should have an orientation policy that sets forth the company’s process for delivery of orientation, specifies who will deliver the orientation and outlines the mandatory topics all new employees must receive before beginning work. A sample orientation policy can be found in the appendix (Appendix B, page 47). 7. HOW DO I DEVELOP AN ORIENTATION SESSION? Orientation and job-specific training must be completed by the company before a new employee starts work. If your company does not currently have an orientation model, you may develop one using the following process: Step 1: Evaluate the employee’s training needs For new employees, a good starting point is to compare the employee’s job description to the job hazards. If your company does not have job descriptions, now is the time to develop them. The job descriptions should outline all the hazards the employee will be exposed to, the control mechanisms for those hazards and contact information for the department supervisor, if the employee requires assistance. Not every employee may need a full new-hire orientation. For example, if the employee is returning to the job after a period of absence, the employee may not need to review the company contact information or certain company policies or procedures. A simple one-on-one interview with the returning employee will indicate whether or not the returning employee has the necessary information about a specific topic. A company should never assume or take for granted that all employees returning to the workforce after a period of absence will be thoroughly familiar with all the policies, procedures and codes of practice for their department(s) or the entire company. It is up to the company to assess all returning employees’ knowledge of the company’s health and safety management system and provide the necessary information to the employees who need thorough orientation. Step 2: Develop a plan to deliver the orientation information Orientation should be a one-on-one process. Although it may seem time consuming, one-on-one delivery of information allows for adequate time with the new employee to review all the necessary information to ensure the employee is knowledgeable about how to do their job safely. Plan to sit down with the new employee and personally review policy and procedure documents. Take the new employee on a personal tour of the facility, detailing items such as introductions to co-workers and staff, emergency exits, first aid stations and demonstrations of the company’s processes. WorkSafeNB | ORIENTATION GUIDE | PAGE 7  HEALTH AND SAFETY ORIENTATION: WHAT YOU NEED TO KNOW New employees should demonstrate to their employer that they understand how to complete processes and the employer should evaluate (at that time) the new employee’s ability and provide further direction, if needed. Having demonstrated company processes to the new employee, the employee should be assigned a “buddy”. This person should be someone from the department who is very familiar with the company’s policies and procedures. The employee’s buddy should act as a mentor, not as their supervisor. Under no circumstances is an employee’s buddy a replacement for management’s responsibility to ensure the new employee’s safety. The buddy is not legally responsible for the employee and supervisors must stress to new employees that if they find themselves in need of additional assistance, it is up to the employee to speak to the supervisor. Step 3: Evaluate the employee’s progress Within the first week, the new employee should meet with their supervisor to go over the employee’s performance and comfort level on the job. Too often, new employees are left on their own and not questioned about their comfort level with the job, asked to demonstrate their ability to do the job, nor questioned about the company standards. At the end of the first week and periodically thereafter, the supervisor should have a face-to-face conversation with the new employee and ask the employee direct questions about their new role: “Is there any task or part of the job you find difficult or are struggling with?” “Is there any additional assistance or training I can offer you?” or “Can you show me how to proceed in this situation?” Maintaining open lines of communication and keeping in touch with new employees is crucial to the employees success in their new job. Step 4: Recognition or correction By the end of the company’s probationary period for new hires, the new employee should have a face- to-face performance review, including things such as ability to work in teams, ability to meet deadlines, adherence to company policies and procedures, and possible areas for improvement. It is crucial that if supervisors feel a new employee needs additional training or direction, the employee is given the opportunity to correct past mistakes and receive additional training, if required. Turning a blind eye to an employee’s mistakes (intentional or unintentional) not only puts that employee at risk but may also put others at risk. Supervisors cannot assume mistakes will be self-corrected. If an employee is not following policy or procedure, supervisors should review it again. Under due diligence, supervisors are responsible to either correct employees who do not follow standards or take disciplinary action with that employee. If disciplinary action is required, supervisors must document the situation and proceed by the company directives for the situation. PAGE 8 | ORIENTATION GUIDE | WorkSafeNB  HEALTH AND SAFETY ORIENTATION: WHAT YOU NEED TO KNOW Step 5: Documentation All orientation and training records of new employees must be kept on hand at the employer’s place of employment for at least three years. Orientation documents should be filed in the employee’s personnel file along with all their training records. WorkSafeNB’s health and safety officers have the right to ask for and review the employee orientation and training records at any time, therefore the documents should be readily accessible. 8. WHO DELIVERS ORIENTATION IN COMPANIES? New employee orientation, typically, is a multi-faceted process, in which many people are responsible for delivering the health and safety orientation information. These people include: human resources personnel; health and safety co-ordinators; senior level management and assistant managers; department heads; and supervisors. (Depending on the company’s orientation and training requirements, other individuals may be assigned responsibility for health and safety orientation of new employees.) To ensure accountability for health and safety under the Internal Responsibility System, before outlining the orientation matrix, companies must first assign management with their roles and responsibilities. Such an outline may follow this model: Management is responsible for: Establishing and approving written instructions for safe work procedures. Demonstrating effective leadership in all areas of health and safety. Accepting full responsibility for implementing all health and safety initiatives, including codes of practice, and actively participating in health and safety issues. Providing management support to the JHSC. Establishing appropriate procedures to confirm that supervisors know, understand and manage health and safety requirements within their departments. Establishing and maintaining effective communications with senior management and supervisors. Instructing department personnel in how to train staff in emergency procedures and protocols. Ensuring regular inspections of facilities and departments. Providing the necessary process to confirm that all machinery, tools and equipment used by departments are adequately maintained so no hazards exist to any persons during its use. Developing a hazard identification procedure and determining who will manage and upgrade the process. Making appropriate and timely decisions in the purchasing of PPE and confirming with supervisors that new employees are properly trained in its use, maintenance and storage. Providing management support and leadership, as necessary, to provide for a safe and healthy workplace, in compliance with legislation and internal policy standards. WorkSafeNB | ORIENTATION GUIDE | PAGE 9  HEALTH AND SAFETY ORIENTATION: WHAT YOU NEED TO KNOW Providing supervisors with adequate resources to implement all policies and procedures. Complying with legislative standards (federal and provincial acts, regulations and environmental standards). Receiving and responding to recommendations for policy and procedure changes regarding health and safety. Receiving and responding to health and safety concerns and unsafe conditions brought forward by supervisors. Receiving and reviewing all inspection reports, committee reports and health and safety initiatives. Providing medical and first aid locations, first aid kits and reviewing emergency response protocol, including fire and evacuation planning. Providing the necessary enforcement for compliance with health and safety policies, procedures and codes of practice. Confirming with supervisors that new employees are provided with sufficient orientation and training in safe work procedures and hold supervisors responsible to effectively orient and train new employees. Set the highest example possible to contribute to, support and acknowledge good health and safety practices. Ensuring that all reportable accidents, injuries and events are reported to WorkSafeNB within the legislated time frames. Supervisors are responsible for: Knowing and understanding all current workplace legislation, providing current copies of the legislation to employees and hands-on instruction as outlined in the regulations. Planning for all health and safety orientation activities in compliance with legislative standards and company policies, procedures and codes of practice. Regularly reviewing with employees safety rules and work procedures specific to their departments. Providing ongoing, adequate direction, training, instruction and supervision for safe work practice. Ensuring that new employees receive and understand all orientation and/or training required before beginning work. Conducting and documenting monthly departmental inspections and reporting unsafe conditions and equipment to appropriate personnel, and correcting such conditions where it is within their authority to do so. Conducting and documenting department hazard assessments, including all machinery, equipment, and tools. Providing ergonomic assessments of workstations, work processes and providing necessary changes to such as required for employee safety. Receiving and reviewing with employees all incident and accident reports, including WorkSafeNB’s Form 67. Conducting accident and incident investigations, completing the necessary forms and forwarding recommendations to management and the JHSC. Managing workplace accommodations for department employees. Providing medical treatment, as required. PAGE 10 | ORIENTATION GUIDE | WorkSafeNB  HEALTH AND SAFETY ORIENTATION: WHAT YOU NEED TO KNOW Supervisors play an important role in new employee orientation. Supervisors, under the OHS Act, are by definition “employers”, and, therefore, have a legal obligation to provide all the necessary and adequate information, hazard and risk assessment (and control) information, as well as direction, facilitation and clarification of all company policies, procedures and codes of practice. In most workplaces, supervisors are responsible to manage and direct employees’ work and enforce compliance standards. By this standard, supervisors are effectively exercising due diligence. The basis of due diligence is only established when management provides an accountability system of roles and responsibilities. It is important to note that a supervisor can only meet their due diligence obligations if management has provided them with a detailed outline of their job responsibilities and the necessary training, tools, equipment and resources. If supervisors are not provided with the means or the opportunity to provide adequate orientation and/or training for new employees, neither supervisors nor the company can reasonably assume they are complying with legislation. WorkSafeNB | ORIENTATION GUIDE | PAGE 11  TOPIC 1 – EMPLOYER CONTACT INFORMATION TOPIC 1 EMPLOYER CONTACT INFORMATION For new employees, employer contact information is essential, particularly for employees who work in large, multi-divisional facilities, field staff, employees who work alone and employees who are regularly exposed to high-risk workplace hazards. Examples of high-risk workplaces may include: Agriculture, forestry, logging, aquaculture and fish processing. Construction. Emergency response, including firefighters and police. Health care settings, including residential care and nursing home facilities. Manufacturing, including refining and sawmill operations. Mining, including emergency mining response teams. Service sector occupations exposed to criminal and violent behaviours. Sectors that handle, maintain, distribute and collect cash in a fixed location. Retail and hospitality. Employers are obligated to provide employees with all the necessary contact information so they can easily and readily access it in case of an emergency. In addition to providing the employees with names of company managers, department heads, supervisors and forepersons, additional information or numbers needed may include: Direct line phone numbers, cellphone numbers, pager numbers, and email addresses of employee’s supervisor, manager, department head(s) and administrative staff. Company contact phone numbers (including security, reception, emergency after-hours, toll-free and other applicable departments). TTY, if applicable. Company address, including postal code, civic and route numbers. Company fax number(s). Roadside assistance (field staff). Emergency contact information such as fire, hazard response, hospital, police, ambulance and poison control. PAGE 12 | ORIENTATION GUIDE | WorkSafeNB  TOPIC 2 – CONTACT INFORMATION FOR YOUR JHSC OR H&S REPRESENTATIVE TOPIC 2 CONTACT INFORMATION FOR YOUR JHSC OR H&S REPRESENTATIVE WHAT IS A JOINT HEALTH AND SAFETY COMMITTEE? It is the employer’s responsibility under the OHS Act [subsection 14(1)] to form a JHSC for any company with 20 or more employees regularly employed at a place of employment. This does not apply to project sites. The JHSC is an advisory committee committed to strengthening the health and safety culture in a workplace to prevent and reduce injuries and occupational disease. Through regular monthly meetings, the JHSC helps employers promote health and safety by providing guidance and recommendations on health and safety issues that arise in the workplace. JHSC members audit the company’s Internal Responsibility System by analyzing the health and safety information they receive from management and the information they collect through their mandate to determine the effectiveness of the health and safety systems. JHSC members are required to complete a JHSC and Health and Safety Representative Educational Program as outlined in the OHS Act [subsections 14.1(2), 14.5(2) or 14.5(3)]. WHAT IS A HEALTH AND SAFETY REPRESENTATIVE? Workplaces with between five and 19 employees that are not required to have a JHSC may have a health and safety representative. Like JHSC members, the representative is committed to improving health and safety conditions in the workplace. The health and safety representative is selected by workers at the workplace [subsection 17(3), OHS Act] and may do health and safety activities as would a JHSC member. The health and safety representative must regularly consult with the employer [subsection 18(2), OHS Act] and the employer must post the name of the representative in a prominent place at the workplace. For project sites, the health and safety representative must attend the JHSC and Health and Safety Representative Educational Program. WorkSafeNB | ORIENTATION GUIDE | PAGE 13  TOPIC 2 – CONTACT INFORMATION FOR YOUR JHSC OR H&S REPRESENTATIVE WHAT DO NEW EMPLOYEES NEED TO KNOW ABOUT A JHSC? A company should provide new employees with basic information about the company’s JHSC and how members can be contacted. This information can include: JHSC’s purpose (both legislative and internal standards based on the JHSC’s terms of reference). How the JHSC promotes and supports the company’s health and safety management system. Names of committee members and the departments where they work. Co-chairs and the departments where they work. Contact information such as phone numbers, email addresses, shift schedules. How often, location and approximate time the JHSC meets. JHSC’s mandate, goals and objectives. How to bring agenda items or issues and concerns forward to the JHSC. The JHSC’s role and their contact information in the event of a work refusal, and any documentation required. How a new employee can become a JHSC member. Training required for JHSC members and health and safety representatives (JHSC and Health and Safety Representative Educational Program, Regulation 2007-33). Any other contact information deemed necessary, based on your company’s profile and schedules. New employees should personally meet with committee members to put a face to a name and to ask questions directly to members about the JHSC’s role and responsibilities as health and safety representatives. New employees should meet with the JHSC members as soon as possible after starting with the company or re-entering the workforce. (See Appendix M, page 70) PAGE 14 | ORIENTATION GUIDE | WorkSafeNB  TOPIC 3 – EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES TOPIC 3 EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE OHS ACT To establish a management system for the Internal Responsibility System for workplace health and safety, the workplace must first define who is responsible for developing, implementing and enforcing the legislated and internal standards. To help workplaces understand the legal obligations of employees and employers, the OHS Act outlines the following: Employee is defined as: (a) a person employed at a place of employment, or (b) a person at a place of employment for any purpose in connection to the place of employment. Employer is defined as: (a) a person who employs one or more employees, (b) a manager, superintendent, supervisor, overseer, or any person having authority over another, or (c) an agent of any person referred to in paragraph (a) or (b). A common misconception among employees is the belief that the employer is solely responsible for workplace health and safety. While the concept of due diligence places the onus on the employer to take all reasonable precautions to protect the health and safety of employees, employees also play a key role in workplace health and safety. It is the responsibility of employees to ensure they understand, follow and comply with workplace legislation and the company’s internal policies and procedures. EMPLOYEE RESPONSIBILITIES All New Brunswick employees have legal responsibilities defined under the OHS Act: 1. Comply with the OHS Act and its Regulations: Employees must familiarize themselves with the workplace legislation and if they do not understand the legal standards, they must ask supervisors or management for clarity or an interpretation of the requirements. Employees should also request training for any portion of the legal standard for which they have little or no knowledge or training. WorkSafeNB | ORIENTATION GUIDE | PAGE 15  TOPIC 3 – EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES 2.  Ensure safe conduct: Employees must not participate in horseplay or take shortcuts when performing their jobs (not taking time to do a pre-use inspection on machinery, for example). Employees are responsible for knowing, understanding and complying with the workplace requirements for the company’s day-to-day operations and asking for assistance when they are unclear about a workplace process to complete a job task safely. 3.  Reporting hazards: If an employee encounters an unsafe or harmful condition or situation or if they are unclear if a task is safe, the employee is responsible to report this immediately to their supervisor. This process should be documented and the employee should not attempt to guess how to complete any task until the hazardous condition is corrected. 4.  Wearing the proper personal protective equipment (PPE): While it is an employer’s responsibility to provide employees with PPE, it is the employee’s responsibility to wear, use and inspect the PPE daily. If PPE is not provided or sub-standard, employees must notify their supervisor immediately. 5.  Co-operate with the JHSC and WorkSafeNB’s health and safety officers: While the legal standard allows for a company to operate without third party intervention (the Internal Responsibility System), there may be times when a recommendation from an outside enforcement agency (WorkSafeNB) or a company’s JHSC is warranted. If this happens, it is the employee’s responsibility to co-operate with WorkSafeNB’s recommendation for the purpose of protecting themselves and the entire workforce. EMPLOYEE RIGHTS IN NEW BRUNSWICK WORKPLACES Under New Brunswick legislation, all employees are entitled to three fundamental rights: 1. The right to know All employees have the right to receive the training needed to do their job safely and must be informed of: Workplace hazards identified through orientation, day-to-day operations, entire facility inspections, daily pre-use inspections of tools, equipment and machinery, reporting mechanisms for sub-standard working conditions, communications standards for people working alone and the process for correcting substandard conditions. Safe work policies, procedures and codes of practice, as outlined by both the legislation and the internal company standards. Emergency procedures, emergency evacuation, first aid legislation and first aid procedures, accident reporting and investigation procedures. If at any time employees are unsure about tasks they must complete or are concerned about their safety, they must communicate this to their supervisors. PAGE 16 | ORIENTATION GUIDE | WorkSafeNB  TOPIC 3 – EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES 2. The right to participate in health and safety initiatives All employees have the right to participate in resolving health and safety concerns and in identifying and controlling workplace hazards. An effective mechanism to address health and safety concerns is through a company’s JHSC. In fixed workplaces with 20 or more employees, JHSCs are formed to help address the workplace’s health and safety concerns and to brainstorm possible resolutions. 3. The right to refuse dangerous work All employees have the right to refuse work they believe may be dangerous to their health or safety, or to that of others. Employees who are not issued nor have proper and adequate personal protective equipment, on-the-job-training, clear understanding of their job procedures or are placed in a hazardous workplace situation (working alone without a communication procedure, for example) can exercise their legal right to refuse the task at hand. The process outlined in the OHS Act (sections 19-23) for the right to refuse is: Step 1: The employee must immediately report the condition or situation of concern to their supervisor. Step 2: If after reporting the concern to their supervisor and it is not addressed and resolved, the employee is to report the concern to the company’s JHSC. If it is resolved, the employee must return to work. Step 3: If after the employee reports a concern to both their supervisor and the JHSC and it is not resolved, the employee must contact WorkSafeNB and explain the situation. The employee must remain at the workplace, however, until their shift has ended and they may only return to the task in question when the situation is no longer dangerous. At all times during a work refusal process, employees are strongly encouraged to document their concerns regarding the dangerous situation or condition, persons they have spoken to, and the outcome of any conversations. A template of this document can be found in the appendix. EMPLOYER RESPONSIBILITIES In New Brunswick, employers are responsible for managing workplace safety in their company. The OHS Act outlines clearly defined responsibilities for employers to address health and safety practices in the workplace as part of their due diligence: 1. Take every reasonable precaution to ensure health and safety: Because employers have the ultimate control of workplaces, they also have the duty to ensure the workplace remains a safe place for all employees, contractors, sub-contractors and clients who are working within and for the company. It is the employer’s responsibility, therefore, to develop, implement, enforce and review the proper safety procedures and policies with everyone working in or at that company. This orientation and training process must be documented. WorkSafeNB | ORIENTATION GUIDE | PAGE 17  TOPIC 3 – EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES 2.  Comply with all workplace legislation: Employers are responsible to read, understand, comply with and provide to the workforce all applicable workplace legislation. Updated copies of workplace legislation must be accessible at all times to the workforce and reviewed with them so employers can ensure the employees understand the responsibilities of both parties. 3.  Ensure employees comply: While it is the employer’s duty to develop a health and safety management system, the system will only be as good as the mandatory enforcement of the required practices. Employers must set the example of compliance by following all policies and procedures. They, too, must ensure employees comply. 4.  Maintain equipment in good condition: Employers are responsible to ensure all materials, equipment, tools, PPE, machines and procedures meet both manufacturer and legal standards. Through spot checks, requiring employees to do pre-use inspections and regular (documented) formal inspections, employers can identify and correct any sub-standard conditions. 5.  Advise employees of hazards: Employers have a legal duty to inform the workplace of any hazards that may result in a near-miss or injury. Employers must develop a hazard identification system where hazards can be identified, corrected and communicated. The workplace must have the necessary policies and procedures in place to ensure employees are not put at risk. 6.  Provide training and supervision: As stated previously, a good health and safety system can only be as good as the mandatory practice of following the system. Employees need to be trained (through job orientation and regular training sessions) on all procedures necessary for them to complete their daily tasks. In addition to regular training, supervision must be present or readily accessible at all times, particularly when dangerous work is being carried out or when new employees are on the job. 7.  Provide personal protective equipment (PPE): The employer is responsible to either provide or make accessible to all employees the proper PPE as required by the legislation. Some PPE may need to meet certain external standards such as CSA or ANSI approval. Employees should check PPE for these standards (as outlined in the legislation) as well as the condition of the PPE (not ripped, frayed, torn or sub-standard). Employers, once notified of sub-standard PPE, must remove or fix PPE to ensure it is safe. 8.  Establish a JHSC: Depending on the number of employees at the workplace or the type of work (construction or project sites) carried out, the employer may have a duty to ensure a JHSC is established and: meets monthly; consists of equal representation; members complete the legislated education program; produce and post meeting minutes; and, forwards a copy of the JHSC minutes to WorkSafeNB. 9.  Develop a process and conduct workplace inspections: Employers have a duty to develop, in conjunction with the JHSC, an inspection process that will cover the entire workplace. Training should be provided to the designated inspectors and any substandard conditions that are identified during the inspection must be documented and followed closely by a process to ensure that corrective action for the substandard conditions is carried through. PAGE 18 | ORIENTATION GUIDE | WorkSafeNB  TOPIC 3 – EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES 10. Report accidents to WorkSafeNB: Employers are responsible to report workplace accidents to WorkSafeNB. The first step is to establish a workplace procedure informing workers of their requirement to notify you of any accident before leaving the place of employment. Employers must IMMEDIATELY CALL 1 800 999-9775 TO REPORT THE FOLLOWING INCIDENTS: Any accidental explosion or exposure to a biological, chemical, or physical agent, whether or not a person is injured. Any catastrophic event or equipment failure that results, or could have resulted in an injury. Worker admission to a hospital facility as an in-patient. A loss of consciousness. Burns requiring medical attention beyond first aid treatment. Fractures (other than to fingers or toes). Loss of vision in one or both eyes. Deep lacerations requiring medical attention beyond first aid treatment. Amputations. Fatalities. If the employer must report an accident to WorkSafeNB, the employer must secure the site to prevent further injury and preserve the scene of the accident so WorkSafeNB health and safety officers may start their accident investigation. 11. Advise  JHSC of accidents: Outlined under subsection 43(2) of the OHS Act, where WorkSafeNB has been notified about a workplace accident, the JHSC or health and safety representative must also be notified. 12. E stablish a health and safety program: For workplaces with 20 or more employees regularly employed in New Brunswick, the employer must establish a health and safety program that includes the components specified in subsection 8.1(1) of the OHS Act. In addition to the employer’s legislative requirements under the OHS Act, there are numerous references to employer duties outlined under other workplace regulations: Regulation  84-26 Administration Regulation Regulation  88-221 Workplace Hazardous Materials Information System Regulation  91-191 General Regulation Regulation  92-106 Code of Practice for Working with Material Containing Asbestos Regulation  92-133 Code of Practice for Working Alone Regulation  96-105 Underground Mine Regulation  2004-130 First Aid Regulation  2007-33 Training and Designated Trades Regulation For both employees and employers, report all unsafe and unhealthy conditions, work processes and hazards for immediate attention and correction. Don’t wait for injuries to occur to take action. WorkSafeNB | ORIENTATION GUIDE | PAGE 19  TOPIC 3 – EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES THE WORKERS’ COMPENSATION (WC) ACT The WC Act of New Brunswick is founded on the Meredith Principles where in 1913, William Meredith proposed a compensation system of guaranteed protection for workers. Under this proposal, Meredith outlined principles where all employers would collectively share the responsibility for benefits for injured workers, and could not collect compensation contributions from workers. NO-FAULT COMPENSATION The first WC Act was proclaimed in Ontario in 1915 and made all workers eligible to receive benefits for work-related injuries or occupational disease, regardless of who is at fault. In addition to the fact that fault was irrelevant, the worker and the employer waived the right to sue. In New Brunswick, workers’ compensation is administered through a no-fault insurance system. Definition of “employer” under the WC Act Every person having in their service under contract of hire or apprenticeship, written or oral, expressed or implied, any worker engaged in any work in or about an industry. A municipal corporation, commission, committee, body or other local authority established or exercising any powers or authority with respect to the affairs or purposes, includes school purposes of a municipality. A person who authorizes or permits a learner to be in or about an industry for the purposes mentioned in the definition “learner”. A deemed employer. The Crown in right of the Province of New Brunswick, and of Canada, and any permanent board, commission, or corporation established by the Crown in right of the Province of New Brunswick, or of Canada, in so far as they, or either of them, in their capacity as employers, submit to the operation of this Act. ROLE AND RESPONSIBILITIES OF EMPLOYERS UNDER THE WC ACT Employers must: Register with WorkSafeNB (three or more workers, full or part-time). Pay assessment premiums. Establish a procedure informing workers of their requirement to notify their employer of any accidents that must be reported to WorkSafeNB. Complete and submit a Form 67, Report of Accident or Occupational Disease, Report of Accident or Occupational Disease when a worker has sought medical attention and/or missed time from work due to an injury or is unable to perform the regular work duties beyond the date of accident. Help injured workers return to work by offering modified or alternative employment. Definition of a “worker” under the WC Act The WC Act states that a “worker” means a person who has entered into or works under a contract of service or apprenticeship, written or oral, expressed or implied, whether by way of manual labour or otherwise, and includes: PAGE 20 | ORIENTATION GUIDE | WorkSafeNB  TOPIC 3 – EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES A learner. An emergency services worker within the meaning of any agreement made under the Emergency Measures Act between the Government of Canada and the Government of New Brunswick in which provision is made for compensation with respect to the injury or death of such workers. A member of a municipal volunteer fire brigade. A person employed in a management capacity by the employer, including an executive officer of a corporation, where that executive officer is carried on the payroll. ROLES AND RESPONSIBILITIES OF WORKERS UNDER THE WC ACT In the event of an accident, injury or occupational disease at work, workers must immediately: Report the accident according to the procedure established by the employer before voluntarily leaving work, even if the worker does not require medical attention. Get medical treatment, as required. Jointly file a claim for benefits using a Form 67 – Report of Accident or Occupational Disease with the employer, if required. If workers seek medical attention for a work-related injury and the physician does not ask if it is work-related, workers must indicate it is a work-related injury so the physician can forward medical reports to WorkSafeNB immediately. Definition of an “accident” under the WC Act Under the WC Act, an accident must arise out of and in the course of employment, and include one of the following: A willful and intentional act, not being the act of the worker who suffers the accident. A chance event or incident occasioned by a physical or natural cause. A disablement caused by an occupational disease. A disablement or disabling condition caused by employment. An occupational disease is a disease peculiar to or characteristic of an industrial process, trade, or occupation, or a disease that arises out of and in the course of employment. An accident does not include the disablement of mental stress or caused by mental stress, unless it resulted from an acute reaction to a traumatic event. Where the employer is insured under the WC Act, a Form 67 must be sent to WorkSafeNB within three days of receiving notification of a work-related injury that resulted in: Medical costs. Wage loss. Injured worker is unable to perform the regular work duties beyond the date of accident. WorkSafeNB | ORIENTATION GUIDE | PAGE 21  TOPIC 3 – EMPLOYER AND EMPLOYEE RIGHTS AND RESPONSIBILITIES A Form 67 does not have to be filed for accidents when no medical costs or wage losses are incurred, or when the injured worker is able to continue regular job duties. Even though notification of the event to WorkSafeNB may not be required, employers must record the accident and obtain the following information in case the event becomes a reportable incident: The nature of the accident, and how it happened. When it happened (date and time). Why it happened. The worker’s name and address. Where it happened. The date the file was recorded (to be kept for five years). If the employer is not, at the time of the accident, submitting a Form 67 to WorkSafeNB, it is extremely important to collect and maintain records of any workplace injury for future reference. Other information related to the accident employers should collect: When completing the Form 67, employers must obtain information about the events leading up to the injury by asking the injured worker if there were any witnesses to the accident and the specific activities in which the worker was engaged at the time of the injury. Employers should also speak with the injured worker’s co-workers and any witnesses. What if a worker and an employer disagree about information related to an accident? A complete report of the accident, using a Form 67, must be made even if there is disagreement between an employer and an employee. Situations may arise where there is doubt about whether an employee sustained a work-related injury, or whether the employee’s symptoms relate to a pre-existing condition, and not to activities at work. In other words, did work cause the injury? The employer has the right to appeal a worker’s claim, however, a Form 67 must still be completed and submitted to WorkSafeNB. A Form 67 provides for the indication of disagreement by the employer. The employer may provide information on the nature of the disagreement with the information on the form. Can employers and workers agree not to report the accident? No. Both employers and workers are required by law to report to WorkSafeNB all work-related injuries meeting the criteria. “No employer shall dismiss, suspend, lay off, penalize, discipline or discriminate against a worker because the worker suffered a personal injury by accident in respect of which the worker is, in the opinion of WorkSafeNB, entitled to make application for compensation.” PAGE 22 | ORIENTATION GUIDE | WorkSafeNB  TOPIC 4 – HEALTH & SAFETY PROCEDURES AND CODES OF PRACTICE RELATED TO THE EMPLOYEE’S ASSIGNED JOB TASKS TOPIC 4 HEALTH & SAFETY PROCEDURES AND CODES OF PRACTICE RELATED TO THE EMPLOYEE’S ASSIGNED JOB TASKS All employers, regardless of company or industry, must develop workplace procedures and codes of practice related to an employee’s job tasks. What does this mean? Why do you need procedures and codes of practice? How do you start? WHAT DOES THIS MEAN? Employers must have safe operating procedures or codes of practice for all company positions that will ensure employees are provided with adequate instructions and guidelines on how to work safely. HOW DO I START? As a starting point, employers must ask: Do I have safe work procedures or codes of practice? Do the procedures and codes of practice adequately address all the hazards associated with the employees’ job tasks? Have employees been instructed on these procedures and codes of practice? Has management, including supervisors, asked for employees to demonstrate how to safely complete job tasks according to the company’s procedures and codes of practice? Are the procedures and codes of practice documented? Am I satisfied that employees have adequate training and have I documented that training? WHAT IS A PROCEDURE? A procedure is a specific, step-by-step course of action that outlines how employees can safely complete tasks and jobs. Procedures are guidelines and provide details to employees on how best to protect themselves while working in hazardous conditions or situations. The requirement for a company to develop and manage procedures may be a legislative standard or a company’s best practice. An example of a step-by-step procedure for injury and incident reporting can be found in Appendix I. (See page 63) WorkSafeNB | ORIENTATION GUIDE | PAGE 23  TOPIC 4 – HEALTH & SAFETY PROCEDURES AND CODES OF PRACTICE RELATED TO THE EMPLOYEE’S ASSIGNED JOB TASKS WHAT IS A CODE OF PRACTICE? A code of practice is a documented set of rules that outlines to employees how, when working in hazardous situations or environments, to safely conduct themselves so that all workers are protected. It is a detailed procedure for specified circumstances that must be posted in the workplace. WHAT SHOULD BE CONTAINED IN A CODE OF PRACTICE? There are seven elements that should be contained in a code of practice: 1. An introduction identifying: The hazardous substances and situations that may be encountered. A description of the hazards. The possible effects on health or safety. 2. Identification of the person or persons at risk from the hazardous substances and situations. 3. Identification of the person or persons responsible for implementing the code of practice. 4. The time, day, event, etc. before, during, or after which the code of practice might be applicable. 5. The location or locations where the code of practice might apply (for example, all ceilings throughout the building or the tank of the delivery truck in the yard). 6. The methods and equipment to be used to ensure the health and safety of any employee at risk. 7. Emergency procedures and equipment that might be required in case any of the regular procedures or equipment fails. RULE OF THUMB All procedures and codes of practice must be current, dated, signed by management and visible in the workplace. PAGE 24 | ORIENTATION GUIDE | WorkSafeNB  TOPIC 4 – HEALTH & SAFETY PROCEDURES AND CODES OF PRACTICE RELATED TO THE EMPLOYEE’S ASSIGNED JOB TASKS HOW TO PROCEED Because every job and tasks associated with a specific job are different, a generic template for procedures is not a practical document. All jobs, regardless of title, should outline both specific and generic duties that are expected of workers. Because of this, individual companies must develop procedures internally. However, that is not to say companies cannot review procedures from other sources to help develop workplace procedures. PROPOSED RESOURCES FOR DEVELOPING PROCEDURES  efer to New Brunswick’s OHS Act and Regulations for information on health and 1. R safety legislation that applies to all N.B. workplaces: This legislation requires employers to develop minimum standards for certain types of work. For example, written lockout procedures must be developed and followed when employees are required to clean, maintain, adjust or repair machinery. Review the Act and Regulations in detail to ensure you are covering all of the required topics with your employees. 2. Consult with associations and representative groups that establish standards for your company or industry: In New Brunswick, there are industry-specific associations that provide training and education on industry-related hazards, such as the New Brunswick Forest Safety Association and the New Brunswick Construction Safety Association. 3. Consult with industry experts: You are not alone. Industry experts across Canada focus on industry standards, best practices, general information and safety information. Check various websites related to your industry to find out current issues of concern and updated safety information. 4. Refer to manufacturers’ standards: Specific design and operational standards are set by manufacturers to determine quality and provide safety-related information. Before purchasing or operating equipment, refer to the legislation to determine if your company is required to use specific tools, equipment or personal protective equipment for the type of work assigned to your employees. 5. Ask for input from employees, supervisors, JHSC members or safety representatives: Some of the most valuable information on company procedures come from within. Rely on the expert opinion and experience of the company’s workers to inform you of the status of current procedures; what works well, changes that are needed, and processes that need to be developed. 6. Consult with WorkSafeNB: WorkSafeNB prevention staff consult with employers on safety legislation and offer a variety of safety-related services to help employers develop health and safety practices to prevent workplace injuries and illness. For information on these services, consult your regional WorkSafeNB office. 7. Websites: The Internet provides employers with numerous health and safety resources. Search through various websites to locate information relevant to your workplace. Some suggested sites: Canadian Centre for Occupational Health and Safety: www.ccohs.ca WorkSafeNB: www.worksafenb.ca WorkSafeBC: www.worksafebc.ca WorkSafeNB | ORIENTATION GUIDE | PAGE 25  TOPIC 4 – HEALTH & SAFETY PROCEDURES AND CODES OF PRACTICE RELATED TO THE EMPLOYEE’S ASSIGNED JOB TASKS Things to keep in mind when developing procedures and codes of practice: Keep the details of your documents simple and include step-by-step instructions. The documents should clearly state how employees are expected to safely complete tasks. Avoid using technical terms and acronyms that may not be easily understood. Never assume your employees will always know what to do or who to ask for assistance. Provide your employees with written procedures and codes of practice, and make these available at all times. Ensure supervisors have trained employees in the company’s procedures and codes of practices. Ensure supervisors document the training. The best procedures and codes of practice are straightforward, step-by-step, and easy to read handbooks that should be considered from the employees’ perspective. The task of developing procedures and codes of practice may seem overwhelming; however, it is a simple process of identifying the necessary steps for employees to do their job safely. Areas of special concern may include: The positions or jobs in your company considered high-risk (where the most serious injuries are likely to occur). The positions or jobs in your company that have a higher than normal rate of injuries or incidents. A common code of practice that is required in workplaces is for employees who work alone. The New Brunswick Code of Practice for Working Alone (92-133) under the OHS Act requires employers to establish a company code of practice for all employees who work alone. While the regulation does not specify a definition for the term “working alone”, it directs the employer to: “Establish a code of practice to ensure, as so far as reasonably practical, the health and safety of an employee who works alone at any time at a place of employment from risks arising out of, or in connection with, the work assigned.” Employers may consider, therefore, developing standards for not only employees who work by themselves, but also lone workers who are or may be: Out of direct contact with other employees or supervisors. Working for a period of time or in a circumstance where assistance is not readily available to the employee in the event of injury, illness or emergency. PAGE 26 | ORIENTATION GUIDE | WorkSafeNB  TOPIC 4 – HEALTH & SAFETY PROCEDURES AND CODES OF PRACTICE RELATED TO THE EMPLOYEE’S ASSIGNED JOB TASKS EMPLOYER RESPONSIBILITIES For businesses that require employees to work alone or in situations where employees may not be in direct contact with other employees, the employer must establish and communicate a working alone policy and procedures that will outline roles and responsibilities for supervisors and employees. (See Appendix D, page 51) WORKING ALONE – PROCEDURE Supervisor role and responsibilities Supervisors are responsible to conduct a risk assessment to: Identify existing or potential safety hazards associated with working alone. (See page 61) Implement safety measures to reduce the risk to workers from the identified hazards. Develop and implement an effective means of communication between the worker and persons capable of responding to the worker’s needs in case of an emergency or the worker is injured or ill. Regularly contact the worker at intervals appropriate to the nature of the hazard. Working alone: Individuals who are working by themselves or lone workers who are: Out of direct contact with other employees or supervisors. Working for a period of time or in a circumstance where assistance is not readily available to the employee in the event of injury, illness or emergency situation. PROCEDURE 1. Any individual who is assigned to work alone or in isolation must complete (document) with their supervisor the risk assessment chart before doing the task. 2. Supervisors will establish a communication process with the employee and determine an appropriate timeline for check-ins before doing the task. (Check-in times are identified before, during and after the job is completed.) 3. Employees must alert the supervisor immediately of any new hazards or situations that may arise during the course of the job. 4. Unless conditions change, the supervisor will continue to conduct the risk assessment for all employees who work alone. The risk assessment chart is to be reviewed and completed by the supervisor with all employees who work alone before starting the job or task. Both the supervisor and employee will sign and date the chart upon completion. (See Appendix H, page 60) WorkSafeNB | ORIENTATION GUIDE | PAGE 27  TOPIC 5 – FIRST AID AND REPORTING ILLNESSES & INJURIES TOPIC 5 FIRST AID AND REPORTING ILLNESSES & INJURIES Under the First Aid Regulation (2004-130), employers are responsible to establish, maintain and visibly post all information regarding adequate first aid supplies, providers, equipment and facilities in the event of a workplace injury. EMPLOYER RESPONSIBILITIES FOR FIRST AID Employers have a duty to ensure the following protocol is established and communicated to the workplace (2004-130): Assess the risks at the workplace to establish first aid protocol [subsection 4(3)]. Establish, in writing, an emergency communication procedure for employees to summon assistance [subsection 5(1) and 5(2)]. Post emergency communication procedure [subsection 5(3)]. Establish, in writing, an emergency transportation procedure outlining how to transfer ill or injured employees to medical services [subsection 6(1)]. Designate first aid providers [subsection 7(1)]. Post names of trained first aid providers [subsection 7(2)]. Have first aid providers trained in workplace first aid [subsection 8(1)]. Have protocol for first aid providers to practice annually a minimum of six hours first aid [subsection 8(7)]. Keep records of first aid for a period of five years [subsection 10(3)]. Establish and maintain first aid requirements as outlined in Schedule A of New Brunswick Regulation 2004-130. EMPLOYEE RESPONSIBILITIES UNDER NEW BRUNSWICK REGULATION 2004-130 Under section 9 of New Brunswick Regulation 2004-130, the employee is responsible for reporting to the employer, as soon as practical, the first signs of illness or any workplace injury. SUPERVISOR ROLE With the establishment of first aid procedures and policies, supervisors must communicate to employees all information related to first aid during the orientation session. A First Aid/Accident Reporting template can be delivered to employees during an orientation session. Items contained on the template are not all-inclusive and must be written to satisfy the needs and potential emergency situations of your workplace. (See Appendix K, page 67) PAGE 28 | ORIENTATION GUIDE | WorkSafeNB  TOPIC 6 – ACCIDENT/INCIDENT REPORTING PROCEDURES TOPIC 6 ACCIDENT/INCIDENT REPORTING PROCEDURES WHAT IS AN ACCIDENT? Employers must clearly communicate to new employees the importance of accident/incident reporting within their company. Accident/incident reporting policies and procedures must be developed and reviewed periodically to ensure the workplace is effectively supporting the management’s health and safety goal of providing healthy and safe work environments for employees. The term “accident” may be defined in a variety of ways. Traditionally, accidents are considered to involve people, not property, unless there has been a major catastrophe. For example, we often hear of “industrial accidents” when there has been a fire or explosion. A “mining accident” typically means that there has been a cave-in and people are trapped. The term “accident” is also used when motor vehicles are involved (car accident). Some companies distinguish between the terms “accidents” and “incidents”. Employers have responsibilities under BOTH the WC Act and the OHS Act when accidents/incidents happen in the workplace. EMPLOYER ROLES AND RESPONSIBILITIES (WC ACT) Employers must: Establish a procedure that requires a worker to notify the employer of an accident that the employer is required to report to WorkSafeNB. Report injuries to WorkSafeNB (as outlined in both the OHS Act & the WC Act). Help injured workers return to work by offering modified or alternative employment. WorkSafeNB | ORIENTATION GUIDE | PAGE 29  TOPIC 6 – ACCIDENT/INCIDENT REPORTING PROCEDURES WORKER ROLES AND RESPONSIBILITIES (WC ACT) In the event of an accident, injury or occupational disease at work, workers must immediately: Get medical treatment, as required. Jointly file a claim for benefits using a Form 67 – Report of Accident or Occupational Disease with the employer. If workers seek medical attention for a work-related injury and the physician does not ask if it is work-related, workers must indicate that it is a work related injury so the physician can forward medical reports to WorkSafeNB immediately. Where the employer is insured under the WC Act, a Form 67 must be sent to WorkSafeNB within three days of receiving notification of a work-related injury that resulted in: Medical costs Wage loss Injured worker is unable to perform the regular work duties beyond the date of accident A Form 67 does not have to be filed for accidents when no medical costs or loss of wages are incurred, or when the injured worker is able to continue regular job duties. THE OCCUPATIONAL HEALTH & SAFETY (OHS) ACT Accident/incident reporting Employers are legally responsible to report workplace accidents as soon as practical to WorkSafeNB (under the OHS Act and WC Act). Employers must clearly communicate to employees the importance of accident / incident reporting within their companies. Accident/incident reporting policies and procedures must be developed and reviewed periodically to ensure the workplace is effectively supporting the management’s health and safety goal of providing healthy and safe work environments for employees. * Note: An example of an Accident/Incident Reporting Procedure is found in Appendix I. (See page 63) PAGE 30 | ORIENTATION GUIDE | WorkSafeNB  TOPIC 7 – EMERGENCY PREPAREDNESS – GET READY NOW TOPIC 7 EMERGENCY PREPAREDNESS – GET READY NOW WHAT DO I PLAN FOR? Although unimaginable, and sometimes seen as an unnecessary task, emergency planning must be part of a company’s management system to fully ensure that all systems, procedures and processes of protection are in place for all employees. Because emergencies are unexpected and unpredicted, they are difficult to plan for. For that reason, it is important for employers to consult with all employees and external emergency services for feedback on how best to deal with the types of situations that may arise. The following items are typically considered when preparing for emergencies: Fire, explosions and evacuations (including staff, visitors, and contractors). Chemical spills and hazardous materials leaks (including gas). Location and use of common emergency equipment (safety glasses, chemical suits, respirators, gloves, etc.). Bomb threats. Crimes in progress or suspicious persons. Utilities emergencies (power failures, elevator shut-down, flooding). Suspicious packages and objects. Medical (severe injuries or illness). Demonstrations or barricading buildings and property. Violent or disruptive behaviour (general public or staff). Any other emergency that may affect neighbouring companies or the community. OTHER ITEMS TO CONSIDER What is the likelihood of a disaster occurring in your workplace due to? Severe weather (ice storms, floods, blizzards). Damage to facility (fire, water). Proximity to industrial plants, chemical plants, transportation systems of dangerous goods (highway or rail). Ability to continue to manage payroll and other essential services. Insurance coverage for the emergency. Illnesses or health-related outbreaks and ability to continue to operate the company. Computer and technology failure. Essential protection of personnel documentation and customer accounts. Interruption of essential services and sanitation concerns (water, sewage, power). Emergency kits (food, water, blankets, flashlights, first aid supplies on hand, etc.). Provisions to the plan during building renovations or construction, including on-site contractors. Employees provide emergency personal contact information (contact names, phone numbers, change of address, etc.). WorkSafeNB | ORIENTATION GUIDE | PAGE 31  TOPIC 7 – EMERGENCY PREPAREDNESS – GET READY NOW HOW DO I PLAN FOR EMERGENCIES? Consulting with employees, department heads, management and an external expert is vital to planning for emergencies and to brainstorm worst-case scenarios. Involving the entire organization in the plan will cover all areas, ensuring that departments with special requirements (evacuating people who use a wheelchair or who may be visually impaired, for example) are included. You must ensure that all departments and all staff have the opportunity to give feedback and provide the company with the information necessary to establish the emergency plan. By simply asking questions, the company will be best prepared for all possible emergency situations. Questions to ask (yourself and others) when preparing the emergency plan Does the emergency plan consider all natural and man-made disasters that could impact the workplace? Is there a legal requirement for your company to establish an emergency plan, including components of the plan such as environmental emergencies? Does the organization have a method to alert the workplace in an emergency? (Alarms, code bells, colour-coded calls, emergency lighting) What is the best way to evacuate the building and are the floor plans current? Does the plan address how visitors and contractors will be evacuated? Who is to take charge in an emergency? What is the evacuation procedure for the people who are to remain in the building (operation of fire extinguishers, shut-downs)? Does the company need to supply medical and fire services with the floor plan of the building, including areas where hazardous and biological materials and chemicals are stored? Is there a method to frequently update people on the situation so not to cause confusion and panic? Where (and how many) will the designated gathering stations and safe areas be? Does the plan contain names, titles and telephone and cell numbers of individuals to contact for an explanation of duties and responsibilities under the plan? Does the plan include how and where to obtain personal information about employees? Does the company need a strategy for dealing with the media? Does the plan include provisions for people with physical and cognitive disabilities? Does the plan include provisions for people whose primary language is not the language of the majority of the workplace? Does the plan include provisions for the method and frequency of conducting components of the emergency plan? Does the plan include critical stress debriefing services for the workplace? Is the emergency plan included in orientation sessions? COMMUNICATE AND REHEARSE THE PLAN WITH THE WORKPLACE Once the emergency plan is established and reviewed with managers, supervisors, employees and the JHSC members for accuracy, it is important at this point to request proposed changes to the initial plan from the individuals that may be affected. Ask for input and recommendations from the workplace to improve the emergency plan before, during and after the company practices the (proposed) developed procedures. PAGE 32 | ORIENTATION GUIDE | WorkSafeNB  TOPIC 7 – EMERGENCY PREPAREDNESS – GET READY NOW BE PREPARED TO MAKE CHANGES AS YOU GROW YOUR KNOWLEDGE BASE Keep in mind that no plan is perfect. Even the best-written emergency plans depend on the reactions of people during the emergency to execute the plan according to standard. That is why trial runs must be done regularly to keep the protocol information fresh in everyone’s mind. It is also best to exercise any component of the emergency plan at random times of the day to make sure the trial run includes all staff and employees (full and part-time, casual, contract, day and night shift). “The only thing tougher than planning for a disaster is explaining why you didn’t.” – Bob Fields, Manager of Emergency Services, Santa Clara County, California EMERGENCY PREPAREDNESS CHECKLIST FOR NEW EMPLOYEES It is an employee’s right to know and the company’s responsibility to provide regular, current and updated information on emergency planning in the workplace. All new employees must review and be trained in emergency preparedness and practice drills in the following areas (below). Revision dates for each item should occur at least annually. It is the responsibility of __________________ to ensure all employees review the emergency plan annually and make training provisions for employees who have not reviewed the plan within at least one year of their previous training date. (See Appendix L, page 68) WorkSafeNB | ORIENTATION GUIDE | PAGE 33  TOPIC 8 – PERSONAL PROTECTIVE EQUIPMENT TOPIC 8 PERSONAL PROTECTIVE EQUIPMENT WHAT IS PPE? Personal protective equipment (PPE) is an essential safety component of an employee’s tasks when there is likelihood that an individual may become injured as a result of an exposure or where a physical, chemical, electrical or biological hazard exists. PPE is designed to protect the employee from potential harm and is required by workplace legislation. It is a control mechanism for an identified hazard; it only protects the user and it does not remove the hazard from the workplace nor protect other workers in that workplace. IS PPE MANDATORY? Under paragraph 8.2(4)(h) of the OHS Act, employers must provide ‘new employees’ with orientation on the PPE requirements of their job tasks. In addition, under paragraph 9(d) of the OHS Act, all employers are required to provide employees with proper PPE as required by the Act and monitor the employees’ use of PPE. Employees, as outlined under paragraph 12(d) of the Act, are required to wear and use the PPE as required by regulation and make known to employers the existence of any hazards [paragraph 12(c)]. Management should have a PPE policy that directs both supervisors and the employees to inspect, use, replace, purchase and maintain in good working order, all PPE required by both legislative standards and best practice standards. (See Appendix E, page 53) PAGE 34 | ORIENTATION GUIDE | WorkSafeNB  SUPPLEMENTARY TOPICS – WHMIS – WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM SUPPLEMENTARY TOPICS WHMIS: WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM WHMIS stands for Workplace Hazardous Materials Information System. It is a comprehensive information system that provides information on the safe use and handling of hazardous materials and controlled products in Canadian workplaces. Information is provided through product labels, material safety data sheets (MSDS) and worker education programs. WHAT ARE CONTROLLED PRODUCTS? A controlled product is the name given to products, materials, and substances regulated by WHMIS legislation. All controlled products fall into one or more of six WHMIS classes: Class A: Compressed Gas Class B: Flammable and Combustible Material Class C: Oxidizing Material Class D: Poisonous and Infectious Material Class E: Corrosive Material Class F: Dangerously Reactive Material IS WHMIS A LAW? Yes. WHMIS became law through a series of complementary federal, provincial and territorial legislation that became effective October 31, 1988. 1. Warning labels: Informs employees that the container’s contents are hazardous and alerts employees to the dangers associated with the product. Labels also include basic safety precautions. The supplier of the original container develops warning labels, but a workplace label must be applied to any container from which the product is transferred. There are two types of labels required for a WHMIS system: supplier labels and workplace labels. a) Supplier labels: Supplier labels are developed and provided by the supplier of the controlled product and are required to have information on the following: 1. Product identifier 2. Hazard symbols 3. Risk phrases 4. Precautions 5. First aid 6. Supplier information 7. Reference to MSDS WorkSafeNB | ORIENTATION GUIDE | PAGE 35  SUPPLEMENTARY TOPICS – WHMIS – WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM b) Workplace labels: Workplace labels are required when vats, containers, vessels and other sources of containment are decanted into smaller, unlabelled and unidentified containment units that do not display the original supplier label. Information from the supplier label must be transferred onto a workplace label: 1. Product identifier 2. Information on how to safely handle the product 3. Reference to MSDS The workplace label must be written in the language of the workplace and must be displayed to provide clear warnings to employees (can be a label, tag, placard sign or other). 2. M  aterial Safety Data Sheets (MSDS): This document provides nine categories of detailed hazard information on the product, such as how to use it, how to handle it and what PPE to wear while handling it. The nine categories are: 1. Product identifier 2. Ingredients 3. Physical data 4. Fire and explosion data 5. Reactivity data 6. Toxicological data 7. Preventive measures 8. First aid measures 9. Preparation information Suppliers must provide the MSDS for every hazardous product and employers must make the MSDS available to workers at all times. The MSDS must be replaced at least every three years to ensure the information on the product is current. 3. Worker education and training: Employers must train and educate all employees who work with, or close to, hazardous materials. Training must be detailed and specific information must be given on the hazards and safe work procedures for each product used in the workplace and must be reviewed annually. In addition, PPE must be supplied, worn and kept in good condition when using WHMIS products. Employers are responsible for reviewing all WHMIS information with employees. To identify if there are gaps in the WHMIS process at your workplace, complete the WHMIS Audit found in Appendix G (page 57). For items you can identify as either being absent or in need of improvement, designate a competent individual to review WHMIS with the JHSC or safety representative to look at ways to make WHMIS training more efficient. PAGE 36 | ORIENTATION GUIDE | WorkSafeNB  CONCLUSION CONCLUSION An effective health and safety orientation integrates the new employee into the workforce and helps the employee become a contributing member within the organization. To do this successfully, companies must balance the immediate need to have new employees start their jobs while ensuring they have been properly trained for that job. It is not practical to assume that orientation will provide new employees with all the specific skills they need to do their jobs safely. An orientation session, however, is a good starting point. It must be remembered that ongoing training is necessary. WorkSafeNB | ORIENTATION GUIDE | PAGE 37  APPENDIX A – ORIENTATION OVERVIEW CHART APPENDIX A ORIENTATION OVERVIEW CHART Orientation Topic Items to Discuss Available Resources Comments 1. Employer contact Welcome and introduction of www.worksafenb.ca information co-workers, staff and management. D  eveloping Workplace Violence Introduction of organization and Harassment Policies and flowchart. Programs: What Employers Need Review of the company’s health and to Know, Occupational Health & safety policy, goals and objectives. Safety Council of Ontario, 2010. 2. J HSC or health Employers must review with new OHS Act, paragraph 8.2(4)(b): and safety employees information on the JHSC 14 – 16 (JHSC) representative or the health and safety representative 17 (Health and safety information such as: representative) How the JHSC or rep assists to promote and support the company’s health and safety management Joint Health and Safety system. Committees – WorkSafeNB Names of committee members or rep and the departments where they work. Training required for JHSC members Co-chairs. and health and safety representatives Contact information such as phone (JHSC and Health and Safety numbers, email addresses, shift Representative Educational schedules. Program, Regulation 2007-33). How often, location and approximate time the JHSC meets. How to bring agenda items or issues and concerns forward to the JHSC. The role and the contact information for employees to get in touch with JHSC members during a work refusal process and the documentation required (if any). How to become a JHSC member. Any other contact information deemed necessary, based on your company’s profile and schedules. PAGE 38 | ORIENTATION GUIDE | WorkSafeNB  APPENDIX A – ORIENTATION OVERVIEW CHART Orientation Topic Items to Discuss Available Resources Comments 3a. Employer’s OHS Act: WC Act responsibilities Take precautions to ensure the under the OHS employee’s health and safety. OHS Act and Regulations: Act and WC Act Understand and comply with all workplace legislation. G  eneral Regulation 91-191 Inform employees of the Act WHMIS 88-221 and Regulations and monitor F irst Aid Regulation 2004-130 compliance. R egulation for Code of Practice Maintain tools, equipment and for Working with Asbestos 92- machinery in good conditions. 106 Develop a company inspection C ode of Practice for Working process with the JHSC or safety Alone 92-133 representative. T raining and Designated Trades Manage the monthly inspection Regulation 2007-33 process. U nderground Mine Regulation Advise employees of job-related 92-106 hazards and control measures for those hazards. Provide orientation, instruction, and training for employees. Provide adequate supervisor for employees Provide and maintain appropriate PPE where applicable. Establish and maintain a JHSC (when 20+ employees in a workplace), forward minutes of meetings to WorkSafeNB and post committee members’ names and meeting minutes in an accessible and visible area in the company. Work co-operatively with the company’s JHSC or health and safety representative. Report all serious injuries, accidental exposures and explosions, and any catastrophic events or equipment failures to WorkSafeNB. Attend to injured person(s) and secure the accident scene and protect employees from (potential) further injuries. Develop in consultation with the JHSC a current list of all the company’s toxic and hazardous substances produced or present on site. Keep current, applicable workplace legislation posted in a prominent place at the workplace. WorkSafeNB | ORIENTATION GUIDE | PAGE 39  APPENDIX A – ORIENTATION OVERVIEW CHART Orientation Topic Items to Discuss Available Resources Comments E mployee’s WC Act: responsibilities Employer’s duty to a worker who under the OHS suffers personal injury [subsection Act and WC Act 42.1(2)]. (continued) Permit injured worker to resume duties [subsections 42.1(3), 42.1(5)]. Notify WorkSafeNB within three days of worker injury (section 44.4). Establish a procedure that requires a worker to notify the employer of accidents that must be reported to WorkSafeNB [subsection 44(5.1)]. Responsible to report for and participate in rehabilitation for workplace injuries (section 41.12). Do not put their recovery from workplace injury at risk by participating in dangerous practices (section 41.16). Report any accident to the employer as soon as practical and before leaving the workplace (section 44.6). 3b. E mployee’s OHS Act: responsibilities Comply with all workplace under the OHS legislation. Act and WC Act Conduct themselves in a healthy and safe manner to protect themselves and their co-workers from harm. Immediately report all hazardous conditions, substances, processes, tools and equipment to the employer. Wear and use assigned personal protective equipment and devices as required by legislation. Consult and co-operate with JHSC members, company safety representatives and WorkSafeNB officers. Report to the supervisor immediately a right to refuse. PAGE 40 | ORIENTATION GUIDE | WorkSafeNB  APPENDIX A – ORIENTATION OVERVIEW CHART Orientation Topic Items to Discuss Available Resources Comments 4. P rocedures, Policies: Discuss with employees OHS Act policies and the company H&S policy and identify Subsection 8(1): Establishing and codes of practice where the policy is located. posting a safety policy. (employer task) Subsection 17(1): Workplaces with less than 20 workers. Procedures: Discuss with employees relevant legislated procedures (right to refuse unsafe work, confined Regulation 91-191 space entry, lockout, etc.) as well Subsection 51(4): Employee may as procedures relevant to their fall into water. position(s) not regulated under the Subsection 94.2(1): Structural OHS Act (progressive discipline, framework procedures for violence in the workplace, ergonomic stability. assessments of work stations, making Subsection 180(2): Excavating cash deposits, etc.). near an underground power line or any piping. Subsection 239(3): Locking out a Codes of practices: Discuss with machine. employees relevant codes of practice Section 344: Emergency on as outlined per legislation. logging or silviculture operation. Section 298: Overhead electrical system Subsection 263(3): Confined space procedures. Subsection 263(3): Confined space emergency procedure. OHS Act Subsection 50(2): Code of practice being site-specific. Subsection 50(4): Posting the code of practice. WorkSafeNB | ORIENTATION GUIDE | PAGE 41  APPENDIX A – ORIENTATION OVERVIEW CHART Orientation Topic Items to Discuss Available Resources Comments P rocedures, Regulation 91-191 policies and Section 45: Respirators. codes of practice Subsection 55(1): Safe breaking (employer task) up of clogs in a bin, hopper or (continued) process vessel. Subsection 158(2): Loading explosives in a drill hole. Section 171: The safe handling of misfired charges. Section 179: Using any explosive in unusual situations. Section 240: Where normal procedures are inappropriate or inadequate. Section 286: Working close to an energized installation distance. Section 292: Working on any part of the power supply system. Regulation 92-106 Section 3: Working with materials containing asbestos. Regulation 92-133 Section 2: An employee working alone at any time at a place of employment. PAGE 42 | ORIENTATION GUIDE | WorkSafeNB