Occupational Health and Safety Overview

Federal or Provincial Jurisdiction?

Provincial Federal

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 (www.gov.ns.ca/lwd)

NS Labour and Workforce Development10 main divisions include OHSOHS 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 methodA 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

Employer Employee

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

Employer Employee

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

Employer Employee

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

Employer Employee

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 $25 000 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 toParticipate as a Safety Representative or on a Joint Health and Safety CommitteeTo report unsafe conditionsTo voice opinions on unsafe conditions

The Right to ComplainAn employer cannot treat you unfairly if you Comply with the OHS ActContact NSLWDSpeak with a member of the JHSCRefuse workTestify in court regarding a violationTell 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 RightsThe 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.