Presentation on theme: "The Canadian Occupational Health and Safety System"— Presentation transcript:
1 The Canadian Occupational Health and Safety System An OverviewThis presentation is a basic overview of what Canadian Legislation is and how it is organized as law, rules and guidelines.
2 Canada Has 14 Jurisdictions 1 Federal10 Provinces and 3 TerritoriesThe most confusing aspect for non-Canadians is the fact that every “jurisdiction” has its own laws. Geographically we can think of every province and territory having its own rules. However the Federal jurisdiction actually applies to certain industries wherever they exist in Canada. An important thing to know is that no jurisdiction is more important or controls any other. No jurisdiction prepares rules for any other. More about this later.
3 . Provincial and Territorial Jurisdictions (90% of workers): Provincial and territorial employeesWorkers in most industries, including small businesses and self-employed workerse.g. construction, manufacturing, textiles, miningFederal Jurisdiction (10% of workers):Employees of federal government and federal corporations, militaryWorkers in certain national corporationse.g. airlines, railways, telecommunications
4 Internal Responsibility System Employer and employees:Know their work and the hazards bestCooperate to implement safety measuresEmployer manages the workplace safely.Employer must take all reasonable actions to protect the health and safety of workers.Employer is accountable for non-compliance.Government agencies:Legislate, inspect, and enforce (civil, criminal)Provide preventive services and incentives
5 Employer Responsibilities Identify workplace hazards – prevent & controlImplement safe work practices and comply with all regulationsDevelop hazard prevention program and management systemProvide workplace training and education to workersSupport employee participation, such as safety committeesTrain supervisors to ensure they are “competent”Inspect the workplaceHave an accident investigation and reporting systemHere is a basic outline of requirements for Due Diligence. You can find these as well in a document on our website:
6 Employer Due Diligence Due diligence is a legal defense in case of accident or injuryEvidence that all reasonable precautions were taken to prevent accidents and injuriesSteps to demonstrate due diligence:Show that employer is aware of hazards and acting to control them.Document policies, practices, and procedures.Monitor workplace and ensure that employees follow workplace procedures and requirements.Implement good practices used in similar organizations and industries.Here is a basic outline of requirements for Due Diligence. You can find these as well in a document on our website:
7 Workers’ Rights Right to Participate Right to Know Joint Health and Safety CommitteesRight to KnowMust be informed about hazardsMust be trained on safe work proceduresRight to Refuse unsafe workSpecific procedures detailed in regulations
8 Workers’ Responsibilities Work safely according to proceduresUse safety equipment and personal protective equipmentReport hazards
9 History of Health and Safety Ontario Factories ActBuilding Trades Protection ActWorkmen’s Compensation ActIndustrial Accident Prevention Assoc.Construction Safety AssociationOccupational Health and Safety Act1978 CCOHS foundedWorkplace Safety and Insurance Board
10 Health and Safety Organizations Compensation boards (13)Insurance, treatment, rehabilitation, prevention, educationMinistries of Labour (14)Legislation, standards, enforcementCCOHSSectoral and professional safety associationsPrevention, training, consultingEducation and training organizationsResearch institutionsIndependent consultants
11 Workers’ Insurance in Canada (Historic Compromise) Employers pay premiums to workers’ compensation boards (WCBs) based on their injury recordInsurance is mandatoryNo-fault insurance – workers cannot sue employersBoards pay incentives to employers to encourage prevention, training, and other safety programs by employers
12 Roles of the Workers’ Compensation Boards (WCBs) Provide treatment and rehabilitationPay injured workers while they recoverPay pensions to workers who are permanently disabledFund safety associations (industry sectors)Deliver services for prevention and education
13 – Example – Construction Safety Association of Ontario Established 1929 to serve construction industryBipartite – employers and building tradesFunded by WSIB (compensation board)About 2% of construction insurance funds($ 750 million (about $2000 per worker per year))Major functions:Education and trainingConsulting and technical adviceTarget companies with high injury ratesTarget new companiesResearch
14 CCOHS Established 1978 as the national centre Mandate: promote OH&S Tripartite (governments, industry, unions)Primary roles:Information to all workplace partiesFree Inquiries and OSH AnswersDatabases – legislation, CHEMINFOPublications and e-coursesWorkplace tools and services – OH&S management system, MSDS writer, MSDS managementCollaborative projects such as INTOX
15 Recent Trends in Canada Improved performanceFewer injuries, better complianceMore enforcementCriminal liabilityMore research to identify best practicesMore workplace requirements:Education and trainingPrevention programs and management
16 Evolving Issues in Canada Effectiveness of incentives to employersLow injury ratesHigh performance:Strong prevention programsManagement systemsCorporate social responsibilityPerformance beyond the lawNew employment relationshipsMore contract workEmployment agencies
17 Canadian Centre for Occupational Health and Safety firstname.lastname@example.org Thank youCanadian Centre for Occupational Health and SafetyThank-you!