OH

1
OHS

• Occupational Health and Safety Overview

2
Federal or Provincial Jurisdiction?

• 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

• Provincial

• Federal

3
Workplace Safety Issues in Nova Scotia

• 9,000 injuries per year
• Cost NS 100,000 per year
• 1,000 affected indirectly yearly

4
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)

5
NS Labour and Workforce Development

• 10 main divisions include OHS
• OHS 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

6
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

7
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

8
What do companies need to do?

• If a company has 5 19 employees
• Write a OHS policy
• Appoint a health and safety representative

9
A Health and Safety Representative

• Selected by non-managerial staff
• Consults with employer about health and safety
  issues
• Allowed time off with pay

10
An OHS Policy must

• Be prepared in consultation with a committee or
  representative
• Indicate employer commitment to OHS
• Commit to eliminate/prevent injuries and illness
  
• Detail employers plans to implement commitment
  and practices through training, supervising, and
  enforcement
• State each partys responsibilities

11
And

• Demonstrate available resources
• Inform employees of legal rights and
  responsibilities
• Select an OHS 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

12
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

13

• 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

14
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 method
• A procedure and timeline
• Monitoring, follow up, and control for identified
  hazards

15
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

16
Whos 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

17
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 wont happen
• If something does happen and someone is injured,
  it is up to the employer/employee to prove they
  showed due diligence

18
Equipment

• Follow safety procedures
• Use safety devices provided
• Wear proper safety gear
• Report any unsafe equipment

• Maintain land/premises
• Maintain equipment
• Install safety devices on equipment
• Ensure employees know proper use of safety
  equipment
• Provide safety gear for workers

• Employer

• Employee

19
Training

• 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

• Employer

• Employee

20
Co-operation

• Ensure employees are not exposed to workplace
  hazards
• Consult and cooperate with OHS Act, committee,
  representatives, and/or others functioning under
  the act
• Comply with the OHS Act and ensure that
  employees do too
• Create a policy or program if required

• Cooperate with employer and other employees
• Consult and cooperate with OHS Act, committee,
  and representatives and/or others functioning
  under the act
• Comply with the OHS Act
• Cooperate with and/or participate in committee or
  as representative

• Employer

• Employee

21
Notification

• 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 doesnt fix the hazard, report
  to the committee or representative
• If they dont fix the hazard, report it to NSLWD
  (OHS Division)

• Employer

• Employee

22
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

23

• 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.

24
What if an order isnt 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

25
What if you dont 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
  directors decision.

26
The Joint Health and Safety Committee
27
Whos 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

28
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

29
The 4 Rs Workers Rights

• The Right to KNOW
• The Right to REFUSE
• The Right to PARTICIPATE
• The Right to COMPLAIN

30
The Right to Know
31

• 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
  

32

• 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 OHS monitoring,
  sampling, evaluation, or inspection.
• Explanation of inspections or testing at the
  worksite.

33
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.

34
An employee may refuse work until

• The employer remedies the situation to the
  employees 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

35
The Right to Participate

• An employee has the right to
• Participate as a Safety Representative or on a
  Joint Health and Safety Committee
• To report unsafe conditions
• To voice opinions on unsafe conditions

36
The Right to Complain

• An employer cannot treat you unfairly if you
• Comply with the OHS Act
• Contact NSLWD
• Speak with a member of the JHSC
• Refuse work
• Testify in court regarding a violation
• Tell 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

37
The Employers Rights

• The 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 persons refusal, reason
  for refusing and his/her own right to refuse.