Occupational Health and Safety Overview

Federal or Provincial Jurisdiction? ProvincialFederal  Manufacturing  Fishing  Restaurants  Education  Public service (provincial)  Credit unions  Tourism  Logging  Shops, stores  Provincial Crown corporations  Health care  Local trucking  Airlines  Rail  Cross border trucking  Chartered banks  Broadcasting  Shipping  Telecommunication  Post office  Federal public service  Aircraft manufacturing  First Nations commercial business  Commercial fishing

Workplace Safety Issues in Nova Scotia  9,000 injuries per year  Cost NS $100,000 per year  1,000 affected indirectly yearly

Nova Scotia Labour and Workplace Development  Oversees the Occupation Health and Safety Act  Act – a written law  Regulations – written laws that fall under Acts and give explanations and details  1996 – OHS Act enacted in Canada  Why: to ensure that we have safe and healthy work spaces both indoors and outdoors and that citizens are protected in their work, home and play environments (

NS Labour and Workforce Development 10 main divisions include OHS OHS Division established to:  Promote and enforce standards to reduce occupational injuries and illnesses  Improve understanding of standards  Improve health and safety conditions through  Research  Inspection  Investigation  Enforcement

OHS Division concentrates on  Developing safe and healthy workplaces  Creating safety standards for protecting public  fences, signage  Improving provision of service  Promoting responsibility of employers and employees  workplace policy guides brochures

And…  Inspecting  visiting worksites  Educating  Making public aware of role of Joint Health and Safety Committees and NSLWD  Enforcing  Writing tickets, stop words, compliance orders and prosecution

What do companies need to do? If a company has 5 – 19 employees:  Write a OHS policy  Appoint a health and safety representative

A Health and Safety Representative  Selected by non-managerial staff  Consults with employer about health and safety issues  Allowed time off with pay

An OHS Policy must:  Be prepared in consultation with a committee or representative  Indicate employer commitment to OH&S  Commit to eliminate/prevent injuries and illness  Detail employer’s plans to implement commitment and practices through training, supervising, and enforcement  State each party’s responsibilities

And…  Demonstrate available resources  Inform employees of legal rights and responsibilities  Select an OH&S Representative  Be signed by a senior management person  Be reviewed annually and updated for currency  Be put in writing, posted in the workplace, and be available upon request

Duties of the HS Rep  Regularly inspect to identify hazards  Ensure health and safety requirements are met  Make sure health and safety complaints are dealt with  Offer advice on OHS issues  Ensure policies and programs are in compliance with the Act

If a company has 20+ employees:  DEVELOP an OHS program  Establish committee  Develop rules and procedures  Make copy available to members  Post minutes  Inform employees of hazards  Make inspection reports available  Respond to inquiries within 20 days

OHS Program must:  Be prepared in consultation with a committee or representative  Designate health and safety responsibilities and accountability for health and safety  Include written “safe work” procedures  Have a system to identify, assess and control hazards including A regular schedule A reporting method A procedure and timeline Monitoring, follow up, and control for identified hazards

And…  Detail a training and supervision schedule  Include a reporting system  Be put in writing, posted in the workplace, and available upon request  Include evaluation of program use and effectiveness  Create a Joint Occupational Health and Safety Committee

Who’s Who? Owner  Company or person who OWNS property Employer  Responsible to hire a person(s) to do a job Employee  Hired to do a job

Roles and Responsibilities  EVERYONE in a workplace SHARES responsibility for health and safety  DUE DILIGENCE must be shown by all parties  Due diligence is doing the right thing so the wrong thing won’t happen  If something does happen and someone is injured, it is up to the employer/employee to prove they showed due diligence

Equipment EmployerEmployee  Maintain land/premises  Maintain equipment  Install safety devices on equipment  Ensure employees know proper use of safety equipment  Provide safety gear for workers  Follow safety procedures  Use safety devices provided  Wear proper safety gear  Report any unsafe equipment

Training EmployerEmployee  Provide safety instruction  Do job training  Familiarize workers with health and safety hazards  Provide information, facilities, and supervision  Use safety procedures  Report anything dangerous in the workplace

Co-operation EmployerEmployee  Ensure employees are not exposed to workplace hazards  Consult and cooperate with OH&S Act, committee, representatives, and/or others functioning under the act  Comply with the OH&S Act and ensure that employees do too  Create a policy or program if required  Cooperate with employer and other employees  Consult and cooperate with OH&S Act, committee, and representatives and/or others functioning under the act  Comply with the OH&S Act  Cooperate with and/or participate in committee or as representative

Notification EmployerEmployee  Within 7 days of fire or accidents causing injury  Within 24 hours of accidental explosion (whether there are injuries or not)  Within 24 hours of a fatal or serious workplace injury  DO NOT DISTURB the accident scene except as necessary to prevent further injuries  Notify Workers Compensation within 5 working days of a workplace injury.  Failure to do so may result in $100/day fines every day thereafter.  Report any workplace injury or danger immediately to a supervisor  If the supervisor doesn’t fix the hazard, report to the committee or representative  If they don’t fix the hazard, report it to NSLWD (OHS Division)

A Safety Officer has all the powers of a Peace Officer under the criminal code and may:  inspect  investigate a complaint  obtain records  conduct an investigation  take samples  seize evidence  question the employers and/or employees  examine a person  compel statements from individuals regarding workplace accidents

 An employer or employee may not hinder a Safety Officer  Examples of orders a Safety Officer may issue:  to suppliers if equipment is determined to be unsafe.  to employers to conduct tests, assessments, or obtain reports.  to a person who has to do something to comply with an order.  to a person to stop work when a hazard or danger is present.  that an employee who has been terminated be returned to work.

What if an order isn’t followed?  A fine or a penalty  Arrest  Courts may also add penalties such as:  Up to 2 years in prison  Additional fines of up to $ per day  Fines to repay employees their benefits

What if you don’t agree?  A decision made by a Safety Officer can be appealed.  Appeal must be made in writing with 14 days  Appeal goes to the Executive Director of NSLWD  His/her decision may also be appealed to an Independent Appeal Council  It must be made in writing within 21 days of director’s decision.

Who’s on it?  number of people must be agreed upon by both the employer and employees  at least ½ must be non-managerial staff  employees selected by fellow employees or their union  employees allowed time off work with pay to participate in Committee business  Usually 2 co-chairs - one = management / one = employee

What does the JHS committee do?  Regularly inspects to identify hazards  Ensures health and safety requirements are being met  Ensures health and safety complaints are dealt with  Offers advice to the employer on OHS issues  Ensures policies and programs are in compliance with the Act  Meets at least once a month (unless members agree differently)  Keeps records and minutes of meetings  Acts as an advisory body

The 4 R’s – Workers’ Rights  The Right to KNOW  The Right to REFUSE  The Right to PARTICIPATE  The Right to COMPLAIN

 Names & contact information for Committee members or Representative  Most recent minutes  Copy of the OHS Act  Copy of workplace regulations  Nova Scotia Labour & Workforce Development phone number  The workplace policy or program as applicable  Any orders received from NSLWD, the notice of compliance, and any notice of appeal or decision

 Any information on employees’ rights and responsibilities as advised by an officer  A response from the Committee or Representative to a written request or recommendation within 21 days (or a written explanation as to why the information cannot be provided)  Notification of upcoming inspection, monitoring, and testing  Results of inspections, monitoring, and testing (or give a reason why this cannot be provided)  Permission to observe any OH&S monitoring, sampling, evaluation, or inspection.  Explanation of inspections or testing at the worksite.

The Right to Refuse  An employee may refuse work that he/she feels is unhealthy or unsafe BUT must:  Report to a supervisor that they refuse to do the work and explain why.  Report to the Committee or Representative if the situation is not remedied to his/her satisfaction.  Report to Nova Scotia Labour & Workforce Development (OHS Division) if the situation is not remedied to his/her satisfaction.

An employee may refuse work until:  The employer remedies the situation to the employee’s satisfaction.  The Committee has investigated the work refusal and all members unanimously agree that the employee return to work.  OHS Officer inspects and advises the employee to return to work. Note: The employee is entitled to receive regular pay and benefits during the investigation

The Right to Participate An employee has the right to  Participate as a Safety Representative or on a Joint Health and Safety Committee  To report unsafe conditions  To voice opinions on unsafe conditions

The Right to Complain An employer cannot treat you unfairly if you  Comply with the OHS Act  Contact NSLWD  Speak with a member of the JHSC  Refuse work  Testify in court regarding a violation  Tell the Safety Rep, JHSC or Safety Officer about a violation  Note: UNFAIR TREATMENT - file a complaint within 30 days to NSLWD Officer and receive regular pay and benefits

The Employers Rights The Right To Know  Immediately be informed of hazards at the workplace. The Right To Refuse  Assign the employee to other work but not in such a way that would be considered discriminatory action.  Give the work to another employee so long as s/he is aware of the first person’s refusal, reason for refusing and his/her own right to refuse.