Introduction Ohs Program

INTRODUCTION TO

AN OCCUPATIONAL

HEALTH AND SAFETY

PROGRAM

The

Workplace

Health, Safety and

Compensation

Commission is developing

resource materials to help

workplace partiesemployers,

workersincluding supervisors and

managers, and occupational health

and safety committeescarry out their

responsibilities for health and safety in

the workplace. This booklet,

, is designed to provide work-

place parties with an understanding of an

occupational health and safety program

and the commitment required to make it

effective. It gives a brief overview of

the legislative requirements for

provincially and federally regulated

workplaces, roles and responsibil-

ities of the workplace parties,

and a description of an

occupational health and

safety program.

Introduction

to an Occupational Health and Safety

Program

PURPOSE OF THIS GUIDE

Sources of InformationWorkplace Health, Safety and

Compensation Commission

Prevention Services

Department of Government Services

Occupational Health and Safety Branch

Human Resources and Social

Development

Labour Program, Newfoundland and

Labrador Office

Phone: (709) 778-1552

Toll free 1 800 563-9000;

or

Phone: (709) 729-2706

Or toll free 1-800-563-5471

or

Phone: (709) 772-5022

(call collect outside St. John's)

OCCU

PATIO

NA

LH

EA

LTHA

ND

SA

FETY

PRO

GRA

M

May 2006

www.safeworknl.com

DISCLAIMER

The Workplace Health, Safety and Compensation Commission(the Commission) provides information andhealth and safety advisory services for most aspects of occupational health and safety programming.

The information presented is subject to a disclaimer. It is intended to provide examples of general use and maynot apply to every circumstance. While all reasonable efforts have been made to ensure the accuracy of theinformation presented, the Commission does not and cannot guarantee the accuracy thereof. The Commissiondoes not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness ofthe information presented nor for any actions taken in reliance thereon. The Commission shall not be liable forany damage or loss arising out of the use of the information or the application of the concepts contained therein.All those using the information do so at their own risk and shall be deemed to indemnify the Commission fromany loss or damage arising from the use of the information.

The information presented is subject to jurisdictional variation and is always subject to change. Individuals ororganizations responsible for working with the information presented are responsible for ensuring that allapplicable standards and regulations are fulfilled. The information presented cannot and should not beconsidered a definitive guide to government regulations nor does it relieve individuals or organizations using theinformation from their responsibilities under any or all applicable legislation.

For official copies of the and the Occupational Health and SafetyRegulations please contact:Office of the Queen's PrinterGround FloorConfederation Building, East BlockSt. John's, Newfoundland and LabradorTelephone: (709) 729-3649

Unofficial copies are available on-line at:

For an official copy of the please contact:

Ottawa, Ontario K1A 0S9

Telephone: (613) 941-5995 or 1-800-635-7943FAX: (613) 654-5779 or 1-800-565-7757Internet:


Provincial legislation contact information

Federal legislation contact information

Occupational Health and Safety Act

Canada Labour Code

http://www.gs.gov.nl.ca/ohs/legislation.stm

Canadian Government Publishing, Communication Canada

http://publications.gc.ca

http://laws.justice.gc.ca/en/l-2/17632.html

June, 2006

Introduction

More Information

OH&S Program

Parts of an OH&S ProgramConclusion

Inside this Guide

Introduction

More Information

OH&S Program

Parts of an OH&S Program

.............................................1

.....................................2

........................................3

.......................10

Requirements for an OH&S Program........3

Role of Workplace Parties ........................6

Leadership and Administration ...............10

Communication .......................................11

OH&S Committees..................................11

Education and Training ............................12

Safe Work Practices and Procedures .......13

Hazard Recognition, Evaluation and

Control ....................................................14

Workplace Inspections ............................14

Provincially Regulated Employers..........3

Federally Regulated Employers .............4

Penalties for Not Complying with

Legislation ............................................6

The Internal Responsibility System ........6

Employers are to ..................................7

Managers and Supervisors are to .........8

All Workers including Managers and

Supervisors are to ................................8

OH&S Committees are to.....................9

Introduction

More Information

OH&S Program


Accident/Incident Investigations..............15

Emergency Preparedness/Response ........16

Disability Management ............................17

Glossary.................................21

References to Legislation .......25

Conclusion ...............................................18

Appendix A -

Appendix B -

Conclusion

Introduction

Prevention of workplace accidents and injuries is

the aim of an effective occupational health and

safety (OH&S) program. Having a safe work

environment where prevention is the key to an

organization's success is important to all workplace

parties employers, workers including

supervisors and managers, and OH&S committees.

When all workplace parties work co-operatively to

incorporate safe work practices and procedures

into their daily work activities, the savings in

human and financial costs are immeasurable.

When workplace accidents and injuries occur, the

costs are high for workers and employers. For

example, workers may sustain an injury or illness leading to pain and

suffering, a disruption in their daily lives, a loss in their regular wages, and a

negative impact on their families. Employers also experience loss; for example,

a decrease in worker morale and the loss of experienced workers; an increase in

costs arising from repair and/or replacement of equipment, materials, and

product; and administrative costs such as time to hire or re-train replacement

workers. Development, implementation and evaluation of an OH&S program

will be instrumental in preventing workplace accidents and injuries and the

associated costs for both employers and workers.

This booklet is designed to provide all workplace parties with a basic overview

of an OH&S program. It gives an outline of the legislative requirements for

provincially and federally regulated workplaces, the roles and responsibilities

of workplace parties, and a description of an OH&S program.

For commonly used OH&S terms, please refer to .Appendix A Glossary

1

Introduction to an Occupational Health & Safety Program

More Information

For more information on building a health and safety program, there are

several booklets and information resources available in this series.

:

Introduction to an OH&S Program

Leadership and Administration

OH&S Committees

Education & Training

Safe Work Practices and Procedures

Hazard Recognition, Evaluation and Control

Workplace Inspections

Accident and Incident Investigation

Disability Management

Ergonomics and the OH&S Program

Worker Health and Safety Representative/Workplace Health and Safety

Designate

Look for these fact sheets in the near future:

Communication

Emergency Preparedness

Look for these booklets in the near future:

Fact Sheets

Booklets:

Guide to Writing an Occupational Health &Safety Policy

Occupational Health & Safety Committees

Introduction to an Occupational Health and Safety Program


Accident/Incident Investigations

Communication

Emergency Preparedness


2

Occupational Health and Safety

Program

An OH&S program is a process for managing health and safety issues in the

workplace. It leads to the prevention of injury, illness and property damage

and a decrease in the associated human and financial costs. An OH&S

program must be communicated on a continuous basis and tailored to the

specific needs of the workplace. When the OH&S program is effective, it is

the most important means of creating a positive health and safety culture.

The requirement for an OH&S program may differ depending on whether a

workplace is provincially or federally regulated.

The majority of employers in Newfoundland and Labrador must follow

provincial legislation:

and

Occupational Health and Safety Regulations.

Under , in workplaces where 10 or more workers

are employed, the employer is required to establish and maintain an

OH&S program in consultation with the OH&S committee. In

workplaces where less than 10 workers are employed, the employer is

required to ensure a worker health and safety (WH&S) representative is

in place to monitor the health, safety and welfare of workers. And in

workplaces with less than six workers employed and where it is

Contact information for

obtaining provincial and federal OH&S legislation can be found at the

beginning of this booklet and in Appendix B References to

Legislation.

provincial legislation

Provincially Regulated Employers


Requirements for an OH&S Program

The legislative references in Appendix B refer to the content in

this booklet and may not be complete. Workplace parties must

refer to the appropriate legislation to find complete

information regarding legislative requirements for developing

an OH&S program.

3


impractical to assign a WH&S representative, the employer may

designate a workplace health and safety designate to monitor the

health, safety and welfare of workers.

Employers that are must follow the

. Under this legislation, employers are responsible for

developing, implementing and monitoring a prescribed program for the

prevention of hazards in the workplace in consultation with the health

and safety committee, policy committee or the health and safety

representative.

The applies to the following inter-provincial and international

industries:

railways;

highway transport;

telephone and telegraph systems;

pipelines;

canals;

ferries, tunnels and bridges;

shipping and shipping services;

radio and television broadcasting and cable systems;

airports;

banks;

grain elevators licensed by the Canadian Grain Commission, and

certain feed mills and feed warehouses, flour mills, and grain seed

cleaning plants;

the federal public service and persons employed by the public

service and about 40 Crown corporations and agencies;

employment in the operation of ships, trains and aircraft; and

the exploration and development of petroleum on lands subject to

federal jurisdiction.

Federally Regulated Employers

federally regulated Canada Labour

Code-Part II (Code)

Code

Note: Part II of the Canada Labour Code does not apply to certain

undertakings by the Nuclear Safety and Control Act.


4

Both provincial and federal legislation are minimum guides for

developing OH&S policies and

procedures in workplaces.

Therefore, best practices and

industry standards should also

be incorporated into all areas of

the workplace to increase the

effectiveness of the OH&S

program. Best practices are

standards that exceed basic

OH&S legislative requirements

and are aimed at doing work in

the safest possible way.

For the purpose of this booklet, the duties and responsibilities of OH&S

committees will also include those of worker health and safety

representatives and workplace health and safety designates in

provincially regulated workplaces and health and safety representatives

in federally regulated workplaces.

The following table suggests legislation that refers to the duties of

employers, workers and OH&S committees, and requirements for an

OH&S program.

contains details of the

following legislation.

Appendix B References to Legislation

OH&S Act OH&S Regulations Canada Labour Code Part II

Sections Sections Sections

2 (f), (j), (m), and (n)4567

36.13739

41 (1)42.1 (1), (2), (3)

4454

2 (f), (j)456

21

124125 (1) (z), (z.03), (z.04),

(z.09), (z.13), (z.19)126

134.1 (1)135 (1)

136 (1), (2)

5


Employers must also comply with industry-specific or hazard-specific

legislation. Some of these fall under: Asbestos Abatement Regulations;

Asbestos Exposure Code Regulations; OH&S First Aid Regulations;

Workplace Hazardous Materials Information System (WHMIS)

Regulations; Radiation Health and Safety Act and Regulations; Mines

Safety of Workers Regulations, and

and Regulations.

Under provincial and federal OH&S legislation:

People and corporations who do not comply with the provisions for

health and safety can be held legally responsible. If a person or

corporation is found guilty of a health and safety offence, penalties

may include fines, creative sentencing and/or imprisonment.

Under the :

On October 31, 2003, the Government of Canada passed Bill C-45

(now section 217.1 of the Duties of

persons directing work) which helps to ensure Canadian

organizations are held criminally responsible when they commit

criminal offences in relation to health and safety in the workplace.

Developing and maintaining an effective OH&S program is a shared

responsibility of all workplace parties based on their level

of authority in the workplace. It means

everyone works co-operatively, shows

ownership for the program and is

committed to preventing injury, illness and

property damage in the workplace. This

shared responsibility is known as the

.

The OH&S legislation in Canada is based

on the philosophy of the internal

Workplace Health, Safety and

Compensation Act

Criminal Code of Canada

Criminal Code of Canada

Penalties for Non-Compliance

Internal Responsibility System

Internal Responsibility System

Role of Workplace Parties

We all have responsibility

for OH&S.


6

responsibility system (IRS). The IRS is more than a group of people

working together to improve workplace health and safety; it is more than

workers' three basic rights; and it is more than a partnership between

labour, industry and government to ensure workplace health and safety. It

is every individual taking personal responsibility and accountability for

workplace health and safety: the employer must take reasonable measures

to ensure the health, safety and welfare of workers; and workers must

take reasonable care to protect their own health and safety and that of

workers and others at or near the workplace.

Employers, workers and OH&S committees all have duties under OH&S

legislation. To meet their legislative requirements for establishing and

maintaining an OH&S program, employers need to identify the OH&S

roles and responsibilities for the workplace parties in their specific

workplaces. Following are examples of roles and responsibilities based on

legislative requirements and best practice.

demonstrate leadership by allocating sufficient

resources to establish an effective OH&S program

in consultation with the OH&S committee;

ensure the OH&S program is implemented,

monitored, evaluated and revised as appropriate;

review the OH&S program to ensure it fits with the IRS;

ensure all workers are provided with the education and training

needed to understand their responsibility to take reasonable care to

protect their own health and safety and the health and safety of others

at or near the workplace;

provide and maintain a workplace with safe equipment, systems and

tools;

provide orientation, information, training, supervision and facilities to

ensure the health, safety and welfare of workers;

make sure all workers are familiar with hazards they may be exposed

to in their work;

ensure the safety of those visiting the workplace;

provide instruction in the operation of protective devices and

equipment;

consult and co-operate with the OH&S committee on all OH&S

matters;

Employers are to

7


respond to recommendations of the OH&S committee;

provide the OH&S committee with periodic updates on the

implementation of recommendations;

carry out formal workplace inspections;

consult with the OH&S committee about scheduling workplace

inspections;

ensure the OH&S committee participates in workplace inspections;

provide, when requested, the written OH&S program to the OH&S

committee, a worker or an officer; and

report accidents that result in or have the potential to result in

serious injuries or death to the assistant deputy minister and the

OH&S committee.

lead by example;

ensure workers take reasonable care to protect their own health and

safety and the health and safety of others at or near the workplace;

ensure the IRS is functioning;

include OH&S responsibilities in worker hiring and orientation;

encourage workers to report OH&S unsafe conditions to their

immediate supervisor as soon as possible;

respond appropriately to reports of OH&S concerns and unsafe

conditions;

arrange safety talks;

demonstrate leadership by using safe work practices and

procedures;

observe work to ensure safe work practices and procedures are

followed;

bring unresolved OH&S concerns to management; and

include OH&S responsibilities in worker hiring and orientation.

take reasonable care to protect their own health and safety and the

health and safety of others at or near the workplace;

report unsafe conditions to their supervisor as soon as possible; and

if it is not resolved, report it to the OH&S committee;

Managers and Supervisors are to

All Workers including Managers and Supervisors are to


8

co-operate with others in the workplace to resolve OH&S concerns;

use safety devises and equipment and follow safe work practices and

procedures;

consult and co-operate with the OH&S committee;

use protective clothing, equipment and devices in accordance with

instructions for use and training provided; and

participate in health and safety training.

co-operate with the employer in establishing of an OH&S program ;

establish and promote health and safety educational programs for

workers;

support the IRS by encouraging all workers to take reasonable care to

protect their own health and safety and the health and safety of others

at or near the workplace;

monitor the health, safety and welfare of workers employed at the

workplace;

monitor and evaluate all parts of the OH&S program to ensure they are

in place and effective;

participate in workplace inspections;

participate in training provided for OH&S committees;

establish and promote OH&S education and training for workers;

encourage workers to report unsafe conditions to their supervisor, and

if it is not resolved, report it to the OH&S committee;

review all workplace inspection reports, accident/incident investigation

reports, hazard assessments, etc. and make recommendations to

employers for corrective action;

identify workplace aspects that may be unhealthy or unsafe;

participate in the right to refuse unsafe work as required;

receive concerns from workers about their health and safety;

maintain records of worker health and safety complaints;

attend committee meetings;

hold meetings at least once every three months; and

record minutes, post in the workplace and file with the Workplace

Health, Safety and Compensation Commission (the Commission).

OH&S Committees are to

Report unsafe

work conditions to

your supervisor as

soon as possible!

9



There are several aspects and components common to all OH&S programs.

It is important to remember that each part of the program must be tailored

to meet the individual needs of a specific workplace. Consideration must

also be given to how all the individual parts of the program interact with

each other.

One aspect of OH&S that needs to be included in all parts of an OH&S

program is ergonomics. Often, employers and workers think of ergonomics

and OH&S as two distinct items requiring two separate committees and/or

programs. However, resources including time, funding and people do not

always allow the opportunity for both an OH&S committee and an

ergonomics or soft tissue injury prevention committee. Therefore,

ergonomics can be incorporated into each part of an OH&S program. If

ergonomics is not addressed in some form, soft tissue injuries will increase

leading to increased costs to both the employer and workers.

It is important to regularly review the OH&S program to ensure changes,

revisions and updates are made, especially when there are changes to

equipment, tools, work processes, or when hazards are identified. When an

OH&S program is in place, and when safe work practices and procedures

become a part of how work is done, then a positive health and safety

culture can begin to develop and grow.

Establishing and maintaining an effective OH&S program in the workplace

depends on strong leadership. The leadership comes from two main groups

the employer and the OH&S committee. The employer must provide the

financial and human resources needed to establish and monitor the

program; they must ensure workplace parties are involved and take their

health and safety responsibilities seriously; and they must ensure

ergonomics is incorporated into all parts of the OH&S program. The

employer must also consult with the OH&S committee in the establishment

of the OH&S program.

OH&S committees also have an important leadership role. By being

involved and participating in establishing and evaluating the OH&S

program, they demonstrate leadership.

Leadership and Administration


10

Excellent ways of getting the OH&S program started and of ensuring all

workplace parties feel ownership are to:

develop an OH&S policy;

involve workers at all levels in developing the OH&S policy;

ensure the OH&S policy outlines the need for co-operation and

commitment to OH&S including ergonomics;

include the responsibilities of all workplace parties;

communicate the policy to all workplace parties; and

post the policy.

It takes a strong team and tremendous effort to incorporate the OH&S

program into all daily activities in the workplace. It is only with this kind of

effort and co-operation that the OH&S program can be effective and lead to

an environment where a positive health and safety culture can grow.

Effective communication is essential to

the success of an OH&S program. To

ensure effective communication, health

and safety information must flow

between all workplace parties.

Employers, all workers and OH&S

committee members all have a right to

express their ideas or concerns regarding

OH&S. This can be accomplished

through the development and

implementation of communication

procedures for each part of the OH&S program.

It is important to be aware of the barriers to effective communication and

how to overcome them. OH&S communication is successful when all

workplace parties integrate OH&S into every part of their work activities.

An OH&S committee is an advisory group made up of representatives of the

employer and the workers in a workplace. The committee is an important

communication link between workers and management. As part of the

internal responsibility system, the OH&S committee works closely with the

employer to promote a positive health and safety culture. It is important for

Communication

OH&S Committees

OH&S Goalsdecreasedevelop

perform

injuriessafe work

procedureshazard

assessments on alljob tasks

11


the OH&S committee to be educated and trained in the area of ergonomics

so that they can monitor how it is incorporated into activities such as

accident/incident investigations, workplace inspections, etc.

In where 10 or more workers are

employed, the employer is required to establish an OH&S committee. In

for each workplace controlled by the employer at which twenty or more

employees are normally employed, the employer is required to

establish a workplace health and safety committee; and

for each workplace that normally employs directly three hundred or

more employees, the employer shall establish a policy health and safety

committee.

All workers must be familiar with safe work practices and procedures so

they can do their jobs as safely as possible. A program where new workers

receive a safe-work orientation, where all other workers receive ongoing

education and training, and where workplace parties know and take their

OH&S responsibilities seriously are all essential to building a positive

health and safety culture.

Education and training should take place on a regular basis and at every

level of the workplace. Education and training is needed when:

Education and training in ergonomics is also important for all workplace

parties and should include implementation of suitable and practical

controls for ergonomic risks.

provincially-regulated workplaces,

federally regulated workplaces,

new workers start their jobs;

workers return to work after extended absences;

workers are assigned new job tasks;

changes are made to processes and procedures or to substances,

equipment or tools used;

hazards are recognized through workplace inspections,

accident/incident investigations, hazard assessments, etc.; and

trends indicate it.

Education and Training


12

A process for education and training should be in place to ensure those

contracted to do work know the safe work practices and procedures to be

followed in the workplace.

Safe work practices and procedures are aimed at

ensuring work is carried out in the safest and

healthiest way possible. Incorporating ergonomics

into safe work practices and procedures, in particular

for jobs that involve risk factors such as excessive

force, duration, repetition and awkward positions,

will help to reduce and prevent soft tissue injuries.

Because they know their job tasks better than anyone

else, those carrying out the work should be involved

in developing safe work practices and procedures.

They should also be involved in reviewing and

revising them on a regular basis or when there are

changes to work processes, equipment and tools.

Being involved in this way gives everyone a sense of

ownership for both their own work and the OH&S

program.

An effective OH&S program ensures all workplace

parties are educated in their responsibilities for

following safe work practices and procedures and are

trained in how to protect their own health and safety

and the health and safety of others at or near the workplace. Ensuring all

workplace parties take this responsibility seriously demonstrates that the

employer is serious about the prevention of workplace injury and illness.

Making safe work practices and procedures a part of all job tasks leads to an

environment where a positive health and safety culture can grow.

Safe Work Practices and Procedures

OH&S

13


Hazard Recognition, Evaluation

and Control


Hazards exist in all workplaces. Employers are

required to include a system for the

recognition, evaluation, and control of hazards

in their OH&S program. The ability to

adequately recognize, evaluate and control

hazards can have a major impact on

preventing injuries, illness and property

damage in the workplace. Ergonomic

considerations should be a part of each step in

a hazard assessment. A hazard assessment is

made up of three steps:

When a control is implemented, a process to monitor and evaluate its

effectiveness should also be put in place.

Workplace inspections are regular examinations of the workplace

conducted to ensure a healthy and safe work environment. They provide

opportunities to find and correct existing and potential hazards thus

preventing injury, illness and property damage.

Employers are required to develop procedures and schedules for regular

workplace inspections.

Employers must consult with their OH&S committees about scheduling

workplace inspections and ensure their committees actively participate in

conducting the inspections.

ways of

recognizing hazards include: conducting

workplace inspections and

accident/incident investigations, reviewing material safety data sheets

(MSDSs), completing task analyses, and observing work processes;

this means finding out how severe the hazard is

and the likelihood of injury, illness or property damage occurring; and

or corrective action implementing a means of totally

eliminating the hazard or reducing the chances of it causing illness,

injury or property damage.

hazard recognition

hazard evaluation

hazard control


14

The OH&S committee should also

to:

Workplace accidents and incidents are preventable; but if an accident or

incident occurs, an investigation should be conducted to find the root

cause(s) and recommend controls/corrective actions to prevent it from

happening again. Incidents or near misses are warning signs that something

is wrong in the workplace. If they are not addressed, an accident will likely

result; therefore, it is important to investigate incidents as well as accidents.

Ergonomic considerations should be a part of all accidents/incidents

investigations. Employers are required to have procedures in place for

investigating hazardous occurrences.

The OH&S committee should review all accident/incident investigation

reports to:

review all formal workplace inspection

reports

ensure workplace inspections are carried

out as required;

identify hazard trends;

identify specific areas of the workplace that

require close monitoring;

develop recommendations for

controls/corrective actions and forward

them to the employer; and

monitor the implementation and

effectiveness of controls/corrective actions.

ensure accidents/incident investigations are being carried out;

identify trends in incidents and in injury, illness and property damage

including ergonomic trends;

identify specific areas of the workplace that require close monitoring;

review the recommendations for controls/corrective actions and forward

them to the employer;

make other recommendations as appropriate; and

monitor the implementation and effectiveness of controls/corrective

actions.

Accident/Incident Investigations

Checklist Items Location Conditions/Notes

Ventilation System

System meets standards

System free from dust, fumes, etc

System controls smoke, dust andfumes

Complaints of headaches, skin or eyeirritation

Exhaust systems are prevented formreturning to the workplace

Lighting

Adequate illumination during the day

Adequate illumination during the night

Glare from light source

Effect from moving equipment(e.g.fans) or trees

Stairs

Free from objects

Safe angle

Free from clutter

Adequate lighting

Safe riser height and width

Railing available

Exits

Signage present

Width/wheelchair accessibility

Ice controls

Direction of openings

Mechanical hardware

Door kept closed

Ergonomics

Excessive force when lifting, pushingor pulling heavy loads

Repetitive movements required

High paced production

Awkward postures used

Workers using proper liftingtechniques

Workplace Inspections Checklist

15


Emergency Preparedness/Response

An emergency can happen at any time and can result in mass confusion.

Having an effective emergency preparedness/response plan can minimize

loss and enhance a quick return to normal operations. Employers are

required to include an emergency response plan in their OH&S program.

Types of emergencies may include fires, bomb threats, hostage situations,

floods, and armed robberies. The emergency response plan should ensure

workers are trained in their responsibilities, detail available organizational

resources, include ergonomic considerations such as ensuring signs and

equipment are easily accessible, and list outside organizations which can

offer aid. An effective emergency response plan minimizes loss to people,

equipment, materials and the environment.

All workplace parties should be aware of the

emergency preparedness/response plan and

should know the role they play in it. Managers

and supervisors should regularly schedule a

review of the plan during staff meetings or at safety/toolbox meetings, etc.

Periodically, emergency preparedness/response drills should be co-

ordinated and carried out with local responders (fire fighters, police

officers, and emergency medical personnel) to

increase workers awareness and familiarity with

the emergency preparedness/response plan.

There is an effective response for every situation;

but being prepared means having trained people,

adequate equipment and organized systems. It is

essential to plan ahead, predict what could go

wrong and practice appropriate responses.


16

Disability Management

Disability management has two components:

1. It is a workplace prevention plan that aims to prevent disability from

occurring in the first place.

2. If a disability occurs, it aims to intervene to assist the disabled worker to

return to work as safely and as quickly as possible.

Since the early 1900s, the scope of services included in disability management

has expanded greatly. Initially, the focus was on return-to-work programs for

those who sustained an occupational injury or illness. The focus has now

shifted to include disability prevention and benefits for those with

occupational and non-occupational disabilities. Disability management

programs may include health promotion, employee assistance programs

(EAP), disease management, data management and case management

services. These are all aimed at improving physical, psychological and social

health of the workforce; encouraging job retention; and easing the human and

financial costs of disability for both employers and workers.

A disability management program benefits workers and employers because,

from a prevention viewpoint, it aims to find signs of disability early and

resolve them before disability occurs; and from a disability perspective, it

aims to provide a smooth transition back to the workplace after an illness or

injury.

When assisting disabled workers to return to work, ergonomic considerations

are an important part of the plan. They include such aspects as:

describing the physical demands of the job so that physicians and/or

health care providers can better determine a worker's return-to-work

capabilities;

having workers review the physical demands of the job to ensure they can

perform the job safely;

listing essential tasks of the workplace to assist workers in early and safe

return to work; and

allowing flexibility so that adjustments or accommodations to the work

environment, duties and/or hours of work may be made.

17


Conclusion

The employer and the OH&S committee should continuously monitor the

OH&S program to ensure its effectiveness. Provincial employers are

required to review and, where necessary, revise the OH&S program at least

every three years where there is a change in circumstances that may affect

the health and safety of workers, or when an officer requests a review.

All parts of an OH&S program are inter-related. Therefore, when there is a

change in one part, all other parts are affected. The following is an example

of this.

Example: A hazard was recognized as the result of an

accident/incident investigation


18

Other parts of the program affected:

hazard is recognized

hazard is evaluated

the OH&S committee

control the hazard

leadership;

hazard control

safe work procedure

communicated to workers;

trained

trained

training control the hazard

orientation training

workplace inspection checklist

emergency preparedness/response plan

disability management

through an accident/incident investigation;

, including ergonomic risks;

reviews the accident/incident investigation

report and sends recommendations to the employer;

the employer provides resources to thus

demonstrating

is put in place;

a is developed for the use of the control;

the hazard and how to control it are

workers are in the need to use the control;

workers are on how to use the control;

appropriate on how to is added to

OH&S ;

the control is added to the to

monitor it for effectiveness;

the accident/incident investigation report is reviewed to determine

any affect on the ; and

if a worker(s) was injured, the program

ensures the worker returns to work as safely and quickly as

possible.

The OH&S program is also part of the overall organizational system and

should be incorporated into such areas as purchasing, budgeting, finance,

facilities management, maintenance, etc. This means that when changes are

made in business operations in the workplace, an analysis should be done to

determine the potential impact, including ergonomic impact, on the

components of the OH&S program.

This booklet provides an overview of the parts commonly found in most

OH&S programs. All workplace parties have a part to play in making sure

the program is successful. Employers and OH&S committees have an added

responsibility to show leadership by working co-operatively to ensure the

program is established, monitored, evaluated, revised where appropriate

and communicated to all workplace parties.

The OH&S program can be effective if all workplace parties work together to

make it happen!

19


Appendix A

Appendix B

APPENDICES

Appendix A

Appendix B

Glossary.................................................23

References to Legislation.......................27

Appendix A

Appendix B

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Appendix A - Glossary

Accident

Basic/root cause

Best practice

Controls

Direct

Due Diligence

Employer

Ergonomics

an unplanned event that results in a personal injury

or illness, damage or loss of property, process or

environment.

see root/basic cause

performance standards developed by employers,

workers and OH&S professionals which exceed

basic OH&S legislative requirements and which

strive toward doing work in the safest possible way.

measures that are implemented to eliminate or

minimize hazards in the workplace. These controls

are established as either engineering (first line of

defence), administrative, or personal protective

equipment (used as a last resort).

those unsafe objects, conditions or behaviours

occurs when actions normally considered reasonable

in a particular circumstance are taken. In cases

where a serious workplace injury occurs and legal

action is taken, a due diligence defence can be

mounted if the person charged did everything a

reasonable person would do in the same situation to

prevent the injury.

a person who employs one or more workers [

section 2 (f)].

a science that seeks to adapt work or working

conditions to suit the worker. The aim is the

evaluation and design of facilities, environments,

jobs, training methods and equipment to match the

capabilities and limitations of workers and reduce

the potential for fatigue, error or unsafe acts.

(immediate)

cause

which occur immediately before an accident/

incident; for example, inadequate guards and

barriers, defective tools, and improper lifting. These

are not the root cause.

OH&S

Act,

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Formal

Hazard

Informal

Internal

Occupation

OH&S committee

regularly scheduled examinations carried out as a

dangerous object, event, behaviour or condition which

has the potential to cause injury, illness or property

damage.

daily routines used as a means of preventing injury,

A philosophy guiding OH&S legislation in all

employment, business, calling or pursuit but does not

include an endeavour that is not included in one of the

classes of occupations in the current Canadian

Classification and Dictionary of Occupations, [OH&S

Regulations, section 2(f)].

a committee required to be established by the employer

in workplaces with 10 or more workers. The OH&S

committee must consist of representatives of the

employer and the workers at the workplace. Sections 37,

38, 38.1, 39, 40 and 45 of the describe the

composition and duties of the committee, and the

training and meeting requirements. Further requirements

for OH&S committees can be found in section 21 of the

OH&S Regulations.

workplace

inspections

Incident (near

miss; potential

accident)

workplace

inspections

responsibility

system

means of preventing injury, illness and property

damage and of ensuring a safe and healthy workplace.

They are formally documented with the use of a checklist

and a report that includes recommendations for

corrective actions.

an undesired event that could have resulted in injury,

illness or damage to property, process or environment.

illness and property damage and of ensuring a safe and

healthy workplace; for example, a supervisors walk-

through or a workers routine equipment check. Informal

inspections are usually not scheduled or documented and

do not require a checklist.

Canadian jurisdictions. It is a system where all

workplace parties employers, workers including

supervisors and managers, and OH&S committees

share in the responsibility for workplace health and

safety to the degree of each partys authority and ability

to do so.

OH&S Act

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Procedures (in

Risk

Root/basic cause

Serious accident

Serious injury

Supervisor

step by step way for completing of the OH&S

program components.

section 2 (j)

relation to the

OH&S program)

chance of loss based on:

(a) the of an injury, illness, damage or

loss of property, process or environment; and

(b) the of the injury, illness,

damage or loss of property, process or

environment.

the real cause of an accident/incident and the reason

why it occurred; for example, inadequate design, lack

of knowledge or skill, physical and physiological

stress, etc. The root cause is usually not immediately

evident and requires investigation.

an accident resulting in death, permanent or temporary

disability, excessive property damage, or accidental

release of pollutants with significant effects. More

specifically, serious accidents are those accidents

meriting in-depth investigation and are defined in the

section 54(3).

a fracture of the skull, spine, pelvis, femur, humerus,

fibula, tibia, radius or ulna; an amputation of a major

part of a hand or foot; the loss of sight of a eye; a

serious internal hemorrhage; a burn that requires

medical attention; an injury caused directly or

indirectly by explosives; an asphyxiation or poisoning

by gas resulting in a partial or total loss of physical

control; or any other injury likely to endanger life or

cause permanent injury. A serious injury does not

include injures to a worker of a nature that may be

treated through first aid or medical treatment and the

worker is able to return to his or her work either

immediately after the treatment or at his or her next

scheduled shift [ section 54(3)].

includes a superintendent, foreman or other worker

authorized or delegated to exercise direction and

control over workers of an employer [OH&S

Regulations, ].

probability

possible severity

OH&S Act,

OH&S Act,

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Unsafe act

Unsafe condition

Worker

Workplace Health,

Workplace parties

departure from an accepted, normal or correct procedure

or practice which has actually produced injury or

property damage or which has the potential for

producing such loss.

departure from a standardized, accepted or normal

physical state to create circumstances which increase the

likelihood of an accident.

a person engaged in an occupation [ ,

].

an employer-funded no-fault insurance system that

those who perform work or are responsible for the

performance of work in a workplace. They include

employers, workers including managers and supervisors,

and the OH&S committee.

OH&S Act section 2

(m)

a place where a worker or self-employed person is

engaged in an occupation and includes a vehicle or

mobile equipment used by a worker in an occupation

[ , section 2 (n)]

promotes safe and healthy workplaces, provides return-

to-work programs and offers compensation to injured

workers and their dependants.

Workplace

Safety and

Compensation

Commission

OH&S Act .

25

Appendix B References to Legislation

Important Note: The legislative references included in this section

are not official versions. For official versions of the

legislation, please see below.

The legislative references in Appendix B refer to the

content in this booklet and may not be complete.

Workplace parties must refer to the appropriate

legislation to find complete information regarding

legislative requirements for developing an OH&S

program.

Provincial legislation contact information:

Federal legislation contact information:

For official copies of the and the

Occupational Health and Safety Regulations please contact:

Office of the Queen's Printer

Ground Floor

Confederation Building, East Block

St. John's, Newfoundland and Labrador

Telephone: (709) 729-3649


For an official copy of the please contact:

Ottawa, Ontario K1A 0S9

Telephone: (709) 772-5571

Bookstores: (613) 954-5779 or 1-800-667-2868

FAX: (613) 654-5779 or 1-800-565-7757

Internet:



Canada Labour Code

http://www.gs.gov.nl.ca/ohs/legislation.stm

Canadian Government Publishing, Communication Canada

http://publications.gc.ca

http://laws.justice.gc.ca/en/l-2/17632.html

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OH&S Act

2. Definitions

4. Employers general duty

5. Specific duties of employers

In this Act

(f) employer means a person who employs 1 or more workers;

(j) principal contractor means the person primarily responsible for the carrying

out of a project and includes the person who owns the thing in respect of

which the project is being carried out;

(m) worker means a person engaged in an occupation; and

(n) workplace means a place where a worker or self-employed person is

engaged in an occupation and includes a vehicle or mobile equipment used

by a worker in an occupation.

An employer shall ensure, where it is reasonably practicable, the health, safety

and welfare of his or her workers.

Without limiting the generality of section 4, an employer

(a) shall, where it is reasonably practicable, provide and maintain a workplace

and the necessary equipment, systems and tools that are safe and without

risk to the health of his or her workers;

(b) shall, where it is reasonably practicable, provide the information, instruction,

training and supervision and facilities that are necessary to ensure the health,

safety and welfare of his or her workers;

(c) shall ensure that his or her workers, and particularly his or her supervisors,

are made familiar with health or safety hazards that may be met by them in

the workplace;

(d) shall, where it is reasonably practicable, conduct his or her undertaking so

that persons not in his or her employ are not exposed to health or safety

hazards as a result of the undertaking;

(e) shall ensure that his or her workers are given operating instruction in the use

of devices and equipment provided for their protection;

(f) shall consult and co-operate with the occupational health and safety

committee, the worker health and safety representative or the workplace

health and safety designate, where the employer is not the workplace health

and safety designate, on all matters respecting occupational health and safety

at the workplace;

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(f.1) shall respond in writing within 30 days to a recommendation of

(i) the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or

(iii) where the employer is not the workplace health and safety designate,

the workplace health and safety designate at the workplace

indicating that the recommendation has been accepted or that it has been

rejected, with a reason for the rejection;

(f.2) shall provide periodic written updates to



(iii) where the employer is not the workplace health and safety designate,

the workplace health and safety designate at the workplace

on the implementation of a recommendation accepted by the employer until

the implementation is complete;

(f.3) shall consult with



(iii) where the employer is not the workplace health and safety designate, the

workplace health and safety designate at the workplace

about the scheduling of workplace inspections that are required by the

regulations, and ensure that the committee, the worker health and safety

representative or the workplace health and safety designate participates in

the inspection; and

(g) shall co-operate with a person exercising a duty imposed by this Act or

regulations.

A worker, while at work, shall take reasonable care to protect his or her own health

and safety and that of workers and other persons at or near the workplace.

A worker

(a) shall co-operate with his or her employer and with other workers in the

workplace to protect

(i) his or her own health and safety,

(ii) the health and safety of other workers engaged in the work of the

employer,

6. Workers' general duty

7. Specific duties of workers

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(iii) the health and safety of other workers or persons not engaged in the

work of the employer but present at or near the workplace;

(a.1) shall use devices and equipment provided for his or her protection in

accordance with the instructions for use and training provided with

respect to the devices and equipment;

(b) shall consult and co-operate with the occupational health and safety

committee, the worker health and safety representative or the workplace

health and safety designate at the workplace; and

(c) shall co-operate with a person exercising a duty imposed by this Act or

regulations.

(1) Where 10 or more workers are employed at a workplace, the employer shall

establish and maintain an occupational health and safety program in

accordance with the regulations.

(2) An occupational health and safety program shall be established in

consultation with the occupational health and safety committee at the

workplace.

(3) An occupational health and safety program shall include those documents

that may be prescribed in the regulations.

(4) An occupational health and safety program shall be in writing and shall,

when requested, be provided to the occupational health and safety

committee, a worker at the workplace and an officer.

Where 10 or more workers are employed at a workplace, the employer shall

establish an occupational health and safety committee to monitor the health,

safety and welfare of the workers employed at the workplace.

A committee established under section 37

(a) shall seek to identify aspects of the workplace that may be unhealthy or

unsafe;

(a.1) shall participate in a workplace inspection that an employer is required by

the regulations to conduct;

(b) may make recommendations to principal contractors, employers, workers,

self-employed persons and the assistant deputy minister or an officer for the

enforcement of standards to protect the health, safety and welfare of workers

at the workplace;

36.1 Health and safety program

37. Committees

39. Duties of committees


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(c) shall receive complaints from workers as to their concerns about the health

and safety of the workplace and their welfare;

(d) shall establish and promote health and safety educational programs for

workers;

(e) shall maintain records as to the receipt and disposition of complaints received

from workers under paragraph (c);

(f) shall co-operate with the assistant deputy minister or an officer who is

exercising his or her duties under the Act; and

(g) shall perform those other duties and follow those procedures that may be

prescribed by the regulations.

(1) Where less than 10 workers are employed at a workplace, the employer shall

ensure that a worker not connected with the management of the workplace is

designated as the worker health and safety representative to monitor the health,

safety and welfare of workers employed at the workplace.

(1) Notwithstanding section 41, where less than 6 persons are engaged at a

workplace and the designation of a worker health and safety representative is

impracticable, the employer may designate a workplace health and safety

designate to monitor the health, safety and welfare of workers employed at the

workplace.

(2) The workplace health and safety designate may be either

(a) a worker connected with the management of the workplace; or

(b) the employer, if the designation of a worker connected with the management

of the workplace is not practicable.

(3) the workplace health and safety designate shall be appointed by the employer.

(1) A worker health and safety representative or the workplace health and safety

designate has the same duties as those imposed upon a committee under

section 39, where that is reasonably practicable.

(2) A worker health and safety representative or the workplace health and safety

designate, where the workplace health and safety designate is not the

employer, shall consult with his or her employer while performing his or her

duties under subsection (1).

(3) Where the workplace health and safety designate is the employer, he or she

shall consult with the workers while performing his or her duties under

subsection (1).

41. Worker representative

42.1 Workplace designate

44. Duties of representatives

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54. Reporting accidents

2. Definitions

(1) Where an accident takes place at a workplace

(a) that results in serious injury to a person or results in the death of a person; or

(b) that had, or continues to have, the reasonable potential of causing serious

injury to or the death of a person the employer, or principal contractor shall

immediately notify the assistant deputy minister of the accident.

(2) Where an accident is reported under subsection (1), notification shall

immediately be given to the committee, the worker health and safety

representative or the workplace health and safety designate.

(3) In this section and section 55 "serious injury" means

(a) a fracture of the skull, spine, pelvis, femur, humerus, fibula or tibia, or

radius or ulna;

(b) an amputation of a major part of a hand or foot;

(c) the loss of sight of an eye;

(d) a serious internal hemorrhage;

(e) a burn that requires medical attention;

(f) an injury caused directly or indirectly by explosives;

(g) an asphyxiation or poisoning by gas resulting in a partial or total loss

of physical control; or

(h) another injury likely to endanger life or cause permanent injury,

but does not include injuries to a worker of a nature that may be treated through

first aid or medical treatment and the worker is able to return to his or her work

either immediately after the treatment or at his or her next scheduled shift.

In these regulations

(f) occupation means employment, business, calling or pursuit but does not

include an endeavour that is not included in one of the classes of occupations

in the current Canadian Classification and Dictionary of Occupations.

(j) supervisor includes a superintendent, foreman or other worker authorized

or delegated to exercise direction and control over workers of an employer.

OH&S Regulations

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4. Occupational health and safety program

(1) An occupational health and safety program required under section 36.1 of the

Act shall be signed by the employer and by the person or persons responsible for

the management of the employer's operations in the province and shall include:

(a) a statement of the employer's commitment to cooperate with the occupational

health and safety committee and workers in the workplace in carrying out their

collective responsibility for occupational health and safety;

(b) a statement of the respective responsibilities of the employer, supervisors, the

occupational health and safety committee and workers in carrying out their

collective responsibility for occupational health and safety;

(c) procedures to identify the need for and for the preparation of, written work

procedures to implement health and safety practices, including practices

required by the Act and the regulations, or by order of an officer;

(d) a plan for orienting and training workers and supervisors in workplace and

job-specific safe work practices, plans, policies and procedures, including for

emergency response, that are necessary to eliminate, reduce or control hazards;

(e) provision for establishing and operating an occupational health and safety

committee, including

(i) maintenance of membership records,

(ii) procedural rules,

(iii) access for the committee to management staff with the authority to resolve

health and safety issues and to access information about the employer's

operations required under the Act and the regulations, and

(iv) a plan for training committee members as required under the Act.

(f) a system for the recognition, evaluation and control of hazards that includes:

(i) evaluation and monitoring of the workplace to identify potential

hazards and the associated risks,

(ii) procedures and schedules for regular inspections by management and

committee members,

(iii) procedures for the identification, reporting and control or correction of

hazards,

(iv) procedures for the prompt investigation of hazardous occurrences to

determine the cause of the occurrence and the actions necessary to

prevent a recurrence,

(v) identification of the circumstances where the employer is required to

report hazards to the committee and the procedures for doing so, and

(vi) measures for the accountability of persons responsible for the reporting

and correction of hazards;

31

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(g) a plan for the control of biological and chemical substances handled, used,

stored, produced or disposed of at the workplace and where appropriate, the

monitoring of the work environment to ensure the health and safety of workers

and other persons at or near the workplace;

(h) a system to ensure that persons contracted by the employer or for the

employer's benefit comply with the program developed under this section and

the Act and regulations;

(i) an emergency response plan;

(j) maintenance of records and statistics, including occupational health and

safety committee minutes, reports of occupational health and safety

inspections and investigations, with procedures to allow access to them

by persons entitled to receive them under the Act; and

(k) provision for monitoring the implementation and effectiveness of the program.

(2) An employer that is required to establish and maintain an occupational health

and safety program under section 36.1 of the Act shall

(a) implement the occupational health and safety program; and

(b) review and, where necessary, revise the occupational health and safety

program

(i) at least every 3 years,

(ii) where there is a change of circumstances that may affect the health and

safety of workers, and

(iii) where an officer requests a review.

(1) An employer shall make arrangements for the regular inspection of all

buildings, structures, excavations, machinery and equipment to ensure so far

as is reasonably practicable that they are capable of withstanding the stresses

likely to be imposed upon them and of safely performing the functions for

which they are used.

(2) An employer shall ensure that necessary protective clothing and devices are

used for the health and safety of his or her workers.

(3) An employer shall, before commencing a new project of construction or an

industrial enterprise which is intended to continue for 30 days or more,

(a) send to the assistant deputy minister a written notice containing the name

of the plant or construction site, where it is situated, the mail address to

which correspondence should be directed, the nature of the work, the

numbers of workers to be employed and the name of the firm under which

the business is to be carried out; and

5. General duties of employers

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(b) in the case of a plant, provide the assistant deputy minister upon request

with plans showing the plant buildings and the main disposition of

equipment and information relevant to processes and the nature of a

substance which may be used.

(4) The employer shall ensure that safety procedures are followed at all

workplaces.

Every worker shall

(a) make proper use of all necessary safeguards, safety devices and appliances

(i) designated and provided for his or her protection by his or her employer, or

(ii) required under the regulations to be used and worn by him or her; and

(b) report immediately to his or her employer or supervisor a hazardous

condition that may come to his or her attention.

(1) An employer shall ensure that

(a) an occupational health and safety committee is established;

(b) a worker health and safety representative is appointed; or

(c) a workplace health and safety designate is designated

under the Act.

(2) Minutes of all regular meetings and special committee meetings shall be

recorded in the form prescribed by the commission and one copy shall be kept

on file with the committee, one copy shall be filed with the commission and

one copy shall be posted in the workplace.

(3) A worker health and safety representative or workplace health and safety

designate shall report to the commission in a form prescribed by the

commission.

(4) The occupational health and safety committee at a workplace shall meet within

2 weeks of its formation and shall then select co-chairpersons as required in

subsection 38(6) of the Act, and notify the commission.

(5) A quorum shall consist of one-half of the membership of the committee

provided that both employer and worker members are represented.

(6) Rep. by 100/98 s5

(7) At a workplace, the assistant deputy minister may by reason of particular

hazards and complexity of operations of large number of workers involved,

require meetings of a committee to be held at least monthly.

6. General duties of worker

21. Health and safety committee

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(8) A representative of the employer and

(a) the workers of the occupational health and safety committee;

(b) the worker health and safety representative; or

(c) the workplace health and safety designate, except where the workplace

health and safety designate is the employer,

have the right to accompany an officer of the division when the health and safety

inspections are being conducted.

(9) Copies of all health and safety inspection reports made by an officer of the

division, which in the opinion of the division warrant circulation, shall be

circulated to the employer and

(a) the occupational health and safety committee;

(b) the worker health and safety representative; or

(c) the workplace health and safety designate.

(10) Reports not previously circulated but subsequently requested by the

employer, the occupational health and safety committee, the worker health

and safety representative or the workplace health and safety designate

shall be provided.

Every employer shall ensure that the health and safety at work of every person

employed by the employer is protected

(1) Without restricting the generality of section 124, every employer shall, in

respect of every work place controlled by the employer and, in respect of

every work activity carried out by an employee in a work place that is not

controlled by the employer, to the extent that the employer controls the

activity,

( ) ensure that employees who have supervisory or managerial

responsibilities are adequately trained in health and safety and are

informed of the responsibilities they have under this Part where they act

on behalf of their employer;

Canada Labour Code, Part II

Duties of Employers

124.

125. Specific duties of employer

General duty of employer

z

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( .03) develop, implement and monitor, in consultation with the policy

committee or, if there is no policy committee, with the work place

committee or the health and safety representative, a prescribed program

for the prevention of hazards in the work place appropriate to its size and

the nature of the hazards in it that also provides for the education of

employees in health and safety matters;

( .04) where the program referred to in paragraph ( .03) does not cover certain

hazards unique to a work place, develop, implement and monitor, in

consultation with the work place committee or the health and safety

representative, a prescribed program for the prevention of those hazards

that also provides for the education of employees in health and safety

matters related to those hazards;

( .09) develop health and safety policies and programs in consultation with

the policy committee or, if there is no policy committee, with the work

place committee or the health and safety representative;

( .13) when necessary, develop, implement and monitor a program for the

provision of personal protective equipment, clothing, devices or

materials, in consultation, except in emergencies, with the policy

committee or, if there is no policy committee, with the work place

committee or the health and safety representative;

( .19) consult with the work place committee or the health and safety

representative on the implementation and monitoring of programs

developed in consultation with the policy committee

(1) While at work, every employee shall

(a) use any safety materials, equipment, devices and clothing that are

intended for the employee's protection and furnished to the employee by

the employer or that are prescribed;

(b) follow prescribed procedures with respect to the health and safety of

employees;

(c) take all reasonable and necessary precautions to ensure the health and

safety of the employee, the other employees and any person likely to be

affected by the employee's acts or omissions;

(d) comply with all instructions from the employer concerning the health and

safety of employees;

z

z z

z

z

z

Duties of Employees

126. Health and safety matters

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(e) cooperate with any person carrying out a duty imposed under this Part;

(f) cooperate with the policy and work place committees or the health and

safety representative;

(g) report to the employer any thing or circumstance in a work place that is

likely to be hazardous to the health or safety of the employee, or that of

the other employees or other persons granted access to the work place by

the employer;

(h) report in the prescribed manner every accident or other occurrence

arising in the course of or in connection with the employee's work that

has caused injury to the employee or to any other person;

( ) comply with every oral or written direction of a health and safety officer

or an appeals officer concerning the health and safety of employees; and

(j) report to the employer any situation that the employee believes to be a

contravention of this Part by the employer, another employee or any

other person.

(1) For the purposes of addressing health and safety matters that apply to the

work, undertaking or business of an employer, every employer who normally

employs directly three hundred or more employees shall establish a policy

health and safety committee and, subject to section 135.1, select and appoint its

members.

(1) For the purposes of addressing health and safety matters that apply to

individual work places, and subject to this section, every employer shall, for each

work place controlled by the employer at which twenty or more employees are

normally employed, establish a work place health and safety committee and,

subject to section 135.1, select and appoint its members.

Every employer shall, for each work place controlled by the employer at

which fewer than twenty employees are normally employed or for which

an employer is not required to establish a work place committee, appoint

the person selected in accordance with subsection (2) as the health and

safety representative for that work place.

i

Policy Health and Safety Committees

Work Place Health and Safety Committees

Health and Safety Representatives

134.1

135.

136. (1)

Establishment mandatory

Establishment mandatory

Appointment of health and safety representative

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136. (2) Selection of person to be appointed

The health and safety representative for a work place shall be selected as

follows:

( ) the employees at the work place who do not exercise managerial

functions shall select from among those employees the person to be

appointed; or

( ) if those employees are represented by a trade union, the trade union

shall select the person to be appointed, in consultation with any employees

who are not so represented, and subject to any regulations made under

subsection (11).

The employees or the trade union shall advise the employer in writing of the name

of the person so selected.

a

b

St. John's

Grand Falls-Windsor

Corner Brook

Department of Government Services

OH&S Branch

Human Resources and Social Development

Newfoundland & Labrador Employers Council

Newfoundland and Labrador Federation of Labour

146-148 Forest Road

P.O. Box 9000

St. John's, NL A1A 3B8

Prevention Services Inquiries (709) 778-1552

Prevention Services Fax (709) 778-1564

Toll Free 1 800 563-9000

26 High Street

P.O. Box 850

Grand Falls Windsor, NL A2A 2P7

Telephone: (709) 489-1600

Fax (709) 489-1616

Toll Free 1 800 563-3448

Suite 201, Fortis Towers

4 Herald Avenue

P.O. Box 474

Corner Brook, NL A2H 6E6

Telephone: (709) 637-2700

Fax (709) 639-1018

Toll Free 1 800 563-2772

(709) 729-2706

Toll Free: 1-800-563-5471

Labour Program, Newfoundland and Labrador Office

Phone: (709) 772-5022 (call collect outside St. Johns)

(709) 368-6532

Toll Free: 1-888-738-5900

www.whscc.nf.ca

(709) 754-1660

HOW TO REACH US

Introduction Ohs Program

Documents

Transcript of Introduction Ohs Program