1. The Canadian Occupational Health and Safety System
An Overview
This 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 Federal
10 Provinces and 3 Territories
The 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 employees
Workers in most industries, including small businesses and self-employed workers
e.g. construction, manufacturing, textiles, mining
Federal Jurisdiction (10% of workers):
Employees of federal government and federal corporations, military
Workers in certain national corporations
e.g. airlines, railways, telecommunications

4. Internal Responsibility System
Employer and employees:
Know their work and the hazards best
Cooperate to implement safety measures
Employer 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 & control
Implement safe work practices and comply with all regulations
Develop hazard prevention program and management system
Provide workplace training and education to workers
Support employee participation, such as safety committees
Train supervisors to ensure they are “competent”
Inspect the workplace
Have an accident investigation and reporting system
Here 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 injury
Evidence that all reasonable precautions were taken to prevent accidents and injuries
Steps 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 Committees
Right to Know
Must be informed about hazards
Must be trained on safe work procedures
Right to Refuse unsafe work
Specific procedures detailed in regulations

8. Workers’ Responsibilities
Work safely according to procedures
Use safety equipment and personal protective equipment
Report hazards

9. History of Health and Safety
Ontario Factories Act
Building Trades Protection Act
Workmen’s Compensation Act
Industrial Accident Prevention Assoc.
Construction Safety Association
Occupational Health and Safety Act
1978 CCOHS founded
Workplace Safety and Insurance Board

10. Health and Safety Organizations
Compensation boards (13)
Insurance, treatment, rehabilitation, prevention, education
Ministries of Labour (14)
Legislation, standards, enforcement
CCOHS
Sectoral and professional safety associations
Prevention, training, consulting
Education and training organizations
Research institutions
Independent consultants

11. Workers’ Insurance in Canada (Historic Compromise)
Employers pay premiums to workers’ compensation boards (WCBs) based on their injury record
Insurance is mandatory
No-fault insurance – workers cannot sue employers
Boards 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 rehabilitation
Pay injured workers while they recover
Pay pensions to workers who are permanently disabled
Fund safety associations (industry sectors)
Deliver services for prevention and education

13. – Example – Construction Safety Association of Ontario
Established 1929 to serve construction industry
Bipartite – employers and building trades
Funded by WSIB (compensation board)
About 2% of construction insurance funds
($ 750 million (about $2000 per worker per year))
Major functions:
Education and training
Consulting and technical advice
Target companies with high injury rates
Target new companies
Research

14. CCOHS Established 1978 as the national centre Mandate: promote OH&S
Tripartite (governments, industry, unions)
Primary roles:
Information to all workplace parties
Free Inquiries and OSH Answers
Databases – legislation, CHEMINFO
Publications and e-courses
Workplace tools and services – OH&S management system, MSDS writer, MSDS management
Collaborative projects such as INTOX

15. Recent Trends in Canada
Improved performance
Fewer injuries, better compliance
More enforcement
Criminal liability
More research to identify best practices
More workplace requirements:
Education and training
Prevention programs and management

16. Evolving Issues in Canada
Effectiveness of incentives to employers
Low injury rates
High performance:
Strong prevention programs
Management systems
Corporate social responsibility
Performance beyond the law
New employment relationships
More contract work
Employment agencies

17. Canadian Centre for Occupational Health and Safety bobw@ccohs.ca
Thank you
Canadian Centre for Occupational Health and Safety
Thank-you!