Occupational Health and Safety An Introduction

1
Occupational Health and Safety An Introduction

• Debbie Frattinger
• Safety Manager
• WSEP

2
Presentation Summary

• PART II
• Due Diligence
• WHMIS / Confined Space
• Value Proposition
• Safety Culture
• Review

3
Due Diligence

• A concept of reasonable care holds individuals
  accountable for their acts and omissions
• Ability to show that you took all reasonable
  steps to protect your workers from safety hazards
  unless you can show that the benefits of taking
  the precaution are greatly exceeded by the cost
  in time, trouble, and money
• The greater the risk, the greater the health and
  safety measures required

4
Due Diligence

• Duty to show due diligence
• The Saskatchewan OHS Act imposes a duty on
  everyone in the workplace to take reasonable care
  of their health and safety and that of others, to
  the degree that they have the knowledge,
  authority, and ability to do so.
• This general duty is in addition to, and goes far
  beyond, merely complying with the law

5
Due Diligence

• Due diligence is the only available defense to a
  crime that is one of strict liability. Once the
  criminal offense is proven, the defendant must
  prove on the burden of proof that they did
  everything possible to prevent the act from
  happening. It is not enough that they took the
  normal standard of care in their industry - they
  must show that they took every reasonably
  practicable action.

6
(No Transcript)
7
Due Diligence

• Proactive
• Due diligence requires you to take a proactive
  and systematic approach to health and safety.
  This standard can best be met within a workplace
  by establishing and implementing a health, safety
  and environment management program that

8
Due Diligence

• A health, safety and environment management
  program that
• Identifies hazards
• Assesses the risks associated
• Eliminate or minimize risk
• Communicates information
• Ensures compliance
• Reviews (inspections / monitors)

9
Due Diligence Basics

• 4 main factors the courts would use to determine
  if a company showed due diligence.
• Foreseeability You are expected to protect your
  worker from foreseeable hazards, including
  general hazards and hazards specific to the
  particular activity.
• Geosciences exploration company and bear

10
Due Diligence Basics

• 4 main factors the courts would use to determine
  if a company showed due diligence.
• Degree of harm The greater the potential harm
  if a certain thing were to occur, the more you
  are expected to do to ensure that it doesnt
  occur.

11
Due Diligence Basics

• 4 main factors the courts would use to determine
  if a company showed due diligence.
• Preventability If a company has an opportunity
  to prevent an incident from happening, it must
  take all reasonable steps to do so.

12
Due Diligence Basics

• 4 main factors the courts would use to determine
  if a company showed due diligence.
• Control Courts will consider who had control
  over the situation that is, who was present and
  could have prevented what went wrong.

13
Due Diligence

• Being able to apply due diligence principles to
  real-life situations is the essence of
  compliance.

14
Due Diligence

• Due diligence is the level of judgment, care,
  prudence, determination, and activity that a
  person would reasonably be expected to do under
  particular circumstances
• Applied to occupational health and safety, due
  diligence means that employers shall take all
  reasonable precautions, under the particular
  circumstances, to prevent injuries or accidents
  in the workplace

14
14
15
Due Diligence

• To exercise due diligence, an employer must
  implement a plan to identify possible workplace
  hazards and carry out the appropriate corrective
  action to prevent accidents or injuries arising
  from these hazards

15
15
16
Westray Coal Mine Disaster

• Westray Mine was a coal mine in Plymouth Nova
  Scotia
• May 9, 1992, there was a methane explosion
• 26 miners were killed

16
17
Westray Coal Mine Disaster

• Legal response
• 52 charges laid by OHS withdrawn
• Charges laid stayedtechnicality
• Public Inquiry held
• Political response
• Bill C-45 passed in 2004

17
17
18
Bill C-45

• Duty of supervision is now clearly under the
  Criminal Code
• 217.1 Everyone who undertakes, or has the
  authority, to direct how another person does work
  or performs a task is under a legal duty to take
  reasonable steps to prevent bodily harm to that
  person, or any other person, arising from that
  work or task

18
19
Prosecutions Under Bill C-45

• Only one prosecution to-date
• On October 11, 2005 a 23 year old worker crushed
  in a machine that stacked patio blocks
• Light curtain disabled
• Inadequate training
• No work procedures, .
• Why not more successful prosecutions?
• Must demonstrate a wanton or reckless
  disregard for the safety of others

19
19
20
How to Show Due Diligence

• 1. Identify, assess, and control hazards
• 2. Prepare for emergencies (fire, accident, etc)
• 3. Assign responsibilities and accountabilities
  (workers)
• 4. Conduct regular inspections (walkabout)
• 5. Control chemicals and biological substances

21
How to Show Due Diligence

• 6. Demonstrate commitment (verbally or in
  writing)
• 7. Orientate and train workers
• 8. Investigate accidents and near misses
• 9. Involve your workers
• 10. Evaluate your system regularly

22
Lack of Due Diligence

• Should have known about a hazard, but did nothing
  to find out
• Knew about a hazard, but took no steps to correct
  it
• Knew about a hazard, but took no steps to refer
  it to someone who could correct it
• Knew about a hazard (or should have known about
  it) and did not warn or advise workers about it

23
(No Transcript)
24
Lack of Due Diligence

• Did not follow a rule or procedure (or did not
  require workers to follow it)
• Believed a worker was entitled to "assume the
  risk", and so did not engage in rule enforcement
• Did not engage in any safety talks, safety
  promotion activities, or job observation
• Discouraged reports of hazards by workers
• Source Strahlendorf, 1996

25
Workplace Hazardous Material Information Syste
m
WHMIS
26
WHMIS

• WHMIS Required 3 Key Elements
• Training
• Labelling
• - Supplier
• - Work Place
• MSDS www.usask.ca/wsep
• - Refer to CCOHS for MSDS quick link

27
TOLUENE SULFONIC ACID
ABC Chemicals 123 Chemical Drive Chemical
City 1-800-CHE-MICAL
Refer to Material Safety Data Sheet
FRANCAIS AU VERSO
28
MSDS

• Identifies the hazards of the agent
• WHMIS compliance labelled MSDSs must be available
  for all agents or it cannot be used in the
  workplace
• Assists in developing safe working procedures
• Emergency response plans
• First aid

29
(No Transcript)
30
Confined Space

• Confined spaces have the following definition
• A confined space is an enclosed or partially
  enclosed space that is not primarily designed or
  intended for human occupancy, except for the
  purpose of doing work.
• It has a restricted means of entrance or exit.

31
Confined Space

• A hazardous confined space may be created by
• the design, construction or atmosphere of the
  space.
• the materials or substance within
• the work activities or processes used. Or any
  other conditions
• Procedures Training are required before any
  worker enters a confined space

32
(No Transcript)
33
Value Proposition

• Employer
• HSE risks and liability will be reduced
• Safety culture developed
• Workers enjoy coming to work
• Increase of productivity
• Economically beneficial

34
Value Proposition

• Supervisor
• Fewer hazards moral obligation
• Legal obligations will be met (OHS Act and
  Criminal Code) due diligence

35
Value Proposition

• Worker
• Hazards will be identified, safe work environment
• Hazards will be proactively and effectively
  managed

36
Safety Culture

• Its first and foremost a mindset, a set of
  shared values among all the members of a company
  and a way of looking at the workplace and making
  management of its safety a priority.

37
Goal

• Elevate safety culture and philosophy
• Proactive thinking
• Strategic direction
• Reduce HSE risks and liabilities

38
(No Transcript)
39
Review
Modern Safety System
Due Diligence
HSE General
Regulations
100
100
100
100
200
200
200
200
300
300
300
300
400
400
400
400