1. LABOUR PROGRAM Approach to Proactive Labour Inspection in Canada: Federal and Provincial Models RIAL Workshop on Successful Labour Inspection Models May 19, 2009

2. LABOUR PROGRAM OVERVIEW Constitutional Jurisdictions Government of Canada: Intervention Model Framework Government of Manitoba: Safe Work Program Government of British Columbia: Focus Firm Strategy Common Characteristics

3. LABOUR PROGRAM CONSTITUTIONAL JURISDICTIONS Canada: 10 provinces and 3 territories. Two Key constitutional documents: Constitution Act, 1867 and Constitution Act, 1982 Canadian Constitution assigns jurisdiction for certain industries exclusively to the federal government and others to provincial governments.

4. LABOUR PROGRAM CONSTITUTIONAL JURISDICTIONS JurisdictionPopulation British Columbia4,380,000 Alberta3,474,000 Saskatchewan 997,000 Manitoba1,187,000 Ontario12,804,000 Quebec7,701,000 Newfoundland and Labrador 506,000 New Brunswick750,000 PEI139,000 Nova Scotia934,000 Yukon31,000 NWT43,000 Nunavut31,000 TOTAL32,976,000

5. LABOUR PROGRAM FEDERAL JURISDICTION The Federal Jurisdiction, under the Canada Labour Code, covers the following industries: –Navigation, shipping, operation of ships and transportation –Inter-provincial transport (rail and road) –Airports and airlines –Telecommunications –Broadcasting –Banks –Federal crown corporations (i.e. Canada Post, Museums, etc.) –Industries declared by Parliament to be for the general advantage of Canada or two or more provinces (eg. Nuclear, Grain)

6. LABOUR PROGRAM PROVINCIAL JURISDICTIONS All Provinces and Territories have their own labour legislation which applies to all sectors that are not legislated by the Canadian Labour Code such as: –Manufacturing –Mining / Non-renewable natural resources (excluding nuclear) –Provincial transport (excluding inter-provincial) –Agriculture (excluding grain) –Forestry –Electrical energy –Education –Health

7. LABOUR PROGRAM INTERVENTION MODEL FRAMEWORK Occupational Health and Safety Operations Labour Program Government of Canada

8. LABOUR PROGRAM INTERVENTION MODEL – Goals & Objectives Goals Target firms with high rates of disabling injuries, high risk sectors, or employers with large number of work refusals or complaints Foster an occupational health and safety culture Make clients more self-reliant and able to address current and future OSH issues in their workplace Objectives To promote internal responsibility To reduce the number and severity of workplace injuries and illnesses. To achieve a higher level of voluntary compliance to Part II of the Canada Labour Code

9. LABOUR PROGRAM INTERVENTION MODEL – Principles Participation is voluntary Proactive rather than reactive Must be a positive experience Collaborative systematic approach, consistent intervention across the country Non-confrontational Flexible and specific to each individual work site

10. LABOUR PROGRAM INTERVENTION MODEL - 6 Stages Stage 1 - Selection - targeting Stage 2 - Offer / Client commitment - administration Stage 3 - Appraisal - basic OSH components Stage 4 - Assessment - comprehensive review Stage 5 - Work plan - corrective actions Stage 6 - Monitoring - follow-up

11. LABOUR PROGRAM INTERVENTION MODEL - Selection To identify clients who will be offered the opportunity to participate in the intervention process Factors used to identify potential clients High risk / targeted industry sectors High risk activities High rate of disabling injury incidents Annual reports of hazardous occurrences Number of work refusals and complaints Worker’s compensation statistics (claims and costs) Local knowledge and conditions

12. LABOUR PROGRAM INTERVENTION MODEL - Commitment Meeting with client (employer / management) Explain why client was chosen Explain benefits of OSH program Explain Intervention Model and scope of intervention Encourage client to consult with employees and union Client signs commitment letter or gives verbal commitment

13. LABOUR PROGRAM INTERVENTION MODEL - Appraisal OSH officer reviews whether core components of OSH program are in place to ensure workplace has a solid foundation on which to build intervention and program: OHS policy established OSH information posted Effective Workplace OHS Committee or representatives Accidents, injuries and hazardous occurrences investigated and reported

14. LABOUR PROGRAM INTERVENTION MODEL - Assessment Comprehensive review of the 8 basic elements of OSH program: OHS policy with roles and responsibilities Hazard identification and safe working procedures OHS education and training Workplace injuries and illnesses investigation, recording and reporting First aid provision and emergency response OHS Committee or representatives, and Policy Committee Regular workplace inspections Internal complaint resolution process

15. LABOUR PROGRAM INTERVENTION MODEL - Work Plan & Monitoring OSH officer and client jointly develop a work plan that identifies issues of non-compliance with the Code and remedial measures/actions to address these issues OSH officer may make recommendations, not required by the Code, that are deemed appropriate Once all issues have been addressed, client and officer establish monitoring plan for at least 2 years, in order to: evaluate success of intervention ensure improvements take root and become permanent provide assistance to management and OSH Committe or representatives

16. LABOUR PROGRAM SAFE WORK PROGRAM Workplace Safety and Health Division Labour and Immigration Department and Workers Compensation Board Government of Manitoba

17. LABOUR PROGRAM SAFE WORK PROGRAM – Goal & Objectives S pot the hazard A ssess the risk F ind a safer way E veryday Goal Reduce workplace injuries and illnesses, and create safer and healthier workplaces throughout Manitoba Objectives To build a strong workplace safety and health culture To change Manitobans’ knowledge, attitude and behaviour about safety

18. LABOUR PROGRAM SAFE WORK PROGRAM - Priorities & Targets Raise awareness and education through advertising campaigns (WCB) Expand and target training for employers, supervisors and workers (WHSD) Implement prevention measures and standards through OSH programs (WHSD) Strengthen internal and external responsibilities (WHSD) Target employers, workers, general public and young workers preparing to enter the workforce Joint Injury and Illness Prevention Strategy Target risk sectors and clientele, including youth, aging workforce and immigrant workers

19. LABOUR PROGRAM SAFE WORK PROGRAM - Priorities & Targets Based on values of: leadership ownership fairness transparence partnership Basic principle is that safety is everyone’s responsibility

20. LABOUR PROGRAM FOCUS FIRM STRATEGY WorkSafe British Columbia Government of British Columbia

21. LABOUR PROGRAM FOCUS FIRM STRATEGY - Objectives & Targets Objectives Reduce injury rate to industry average level or below Ensure each firm has a well functioning health and safety program in place Ensure each firm has an effective return-to-work program in place Target firms with: high injury rates or higher rate than industry average high number of compensation claims significant number of young workers

22. LABOUR PROGRAM FOCUS FIRM STRATEGY - Principles Principles of cooperation and partnership Strategy relies on commitment and resources of workplace parties Promote in concert with workers and employers the prevention of workplace injuries, illnesses and accidents Build a culture of health and safety

23. LABOUR PROGRAM FOCUS FIRM STRATEGY - Stages Identification and selection Analysis of company’s injury profile OSH officer and employer jointly develop business plan Commitment from management and workers Officer provides expertise and assistance with implementation of business plan Officer monitors compliance Officer reviews and evaluates program effectiveness Maintenance stage when safety program is self-sustaining and injury rate below industry average

24. LABOUR PROGRAM COMMON CHARACTERISTICS & LESSONS LEARNED Focus on high risk sectors and industries Work best when everyone is involved at every step of the process Need commitment of all parties Partnership and collaboration Rely on internal responsibility Government as a partner and specialist rather than an enforcer Education and outreach About building a health and safety culture and changing attitudes and behaviours