Critical First Steps to Developing your Workplace Programs

Critical First Steps to Developing your Workplace Programs There are some critical first steps you need to take for Health and Safety, Employment Standards and Human Rights. At a minimum have you: ð       Posted a copy of the Occupational Health and Safety Act where workers can access it? ð       Posted all required posters from WSIB, ESA, Ministry of Labour ð       Identified hazards in your workplace, developed policies, procedures and programs and trained your workers on them? ð       Know what your responsibilities are to maintain a healthy and safe workplace? ð       Knowledge of what your first aid requirements are? ð       Developed and posted a copy of your health and safety policy statement (employers with 6+ employees)? ð       Trained your workers to work safely? ð       Insist your workers use personal protective equipment when necessary? ð       Instructed your workers on what to do in case of an emergency? ð       Inspected your workplace on a regular basis ð       Facilitated the election (from amongst your workforce) of a health and safety representative (for firms with 6-19 employees and no designated substance) ð       Formed a joint health and safety committee (JHSC) for your workplace (employers with 20+ workers, or when you have designated substance)? ð       Bill 168 legislated requirements ð       AODA Compliance Obligations ð       ESA Compliance Obligations ð       Human Rights Compliance Obligations

Workplace MSD Injuries

MSD's (Musculoskeletal disorders are the number one type of work-related lost time injury in the province of Ontario making up over 40%  of all injuries. Workplace MSD claims cost employers millions of dollars in direct costs and billions of dollars in indirect costs. 

By implementing an MSD prevention program in your workplaces some of the benefits you will achieve are:

·         reduce the number of reported MSDs thereby reducing the number of Ministry of Labour visits and WSIB claims

·         reduce costs - both direct and indirect costs

·         create a safer workplace

·         have healthier employees

·         less loss time injuries and

·         lower recruitment costs (recruitment, orientation, training, morale etc.)

  The costs of MSD Claims equated to an hourly cost per employee vary based on the annual salary.  For example, an employee who earns an annual salary of 15,000 would cost approximately $10.10 per hour; an employee who earns $75,000 annual salary would cost approximately $50.48 per hour.  

Be proactive and implement an ergonomic program in your workplace. Train and advise your workers.  Ensure that they participate in the program through early reporting of MSD symptoms or concerns.  Regularly identify and assess risk factors.  Implement controls to reduce workers' exposure to MSD risk factors.  To ensure preventive measures are working - follow up.

Ministry of Labour blitzes are planned to continue. MSD programs and prevention best practices do not have to be complex systems.   Ensure your return to work policy; procedures and program are up to date with MSD requirements under the Ministry of Labour and OHSA guidelines.  If you have an effective health and safety program you already have a solid foundation to develop your MSD prevention program.

Lynne Bard, BA (Honours), C.H.R.P., CES

Human Resources, Safety & Risk Management Experts

Taking the Complexity out of Compliance

President

Beyond Rewards Inc.

Phone: 519-821-7440

Cell: 519-830-7480

mail: lbard@beyondrewards.ca

Health & Safety for Small Business

Need to know: Health & Safety

Health and safety is about preventing people from being harmed at work or becoming ill through work, the law states that we must not put ourselves; other workers or the public in danger and this applies to all businesses of all sizes.

That said, many of us run our small businesses from our homes.  Our homes are often overlooked when it comes to safety in fact safety gets thrown out the window when we are at home.  Did you know that 66% of accidents happen at home?  Conduct a health and safety audit on your home to see where you fall short when it comes to safety at home.

In addition, under the Occupational Health and Safety Act, a self employed person must abide by the sections of the act that pertain to them.

^{[ 5 ]} Self-employed people are required to notify a director of the Ministry of Labour, in writing, if they sustain an occupational injury or illness.

Outlined below are the OHSA obligations of an employer under the General Duties of Employers Clauses and Prescribed Duties of an Employer both under Section 25 & 26 of the act.  Please note that under the act, Self Employed Persons must follow (with necessary modifications the following sections of the act:  

4.  Subsection 25 (1), clauses 26 (1) (c), (e), (f) and (g), subsection 33 (1) and sections 34, 37, 38, 39, 40, 41, 51, 52, 54, 57, 59, 60, 61, 62, 66, 67, 68 and 69, and the regulations in relation thereto, apply with necessary modifications to a self-employed person. 2001, c. 9, Sched. I, s. 3 (1).

 General Duties of Employers

An Ontario employer, who is covered by the Act, has an obligation to:

• instruct, inform and supervise workers to protect their health and safety [section 25(2)(a)];
• assist in a medical emergency by providing any information–including confidential business information–to a qualified medical practitioner who requests the information in order to diagnose or treat any person [section 25(2)(b)];
• Appoint competent persons as supervisors [section 25(2)(c)]. "Competent person" has a very specific meaning under the Act. He or she must:
• be qualified–through knowledge, training and experience–to organize the work and its performance;
• be familiar with the Act and the regulations that apply to the work being performed in the workplace;
• know about any actual or potential danger to health and safety in the workplace; ^{[ 1 ]}
• inform a worker, or a person in authority over a worker, about any hazard in the work and train that worker in the handling, storage, use, disposal and transport of any equipment, substances, tools, material, etc. [section 25(2)(d)];
• help committees and health and safety representatives to carry out their duties [section 25(2)(e)];
• not employ workers who are under such age as may be prescribed or knowingly permit underage persons to be in or near the workplace [sections 25(2)(f) and (g)]; ^{[ 2 ]}
• take every precaution reasonable in the circumstances for the protection of a worker [section 25(2)(h)];
• Post in the workplace a copy of the Occupational Health and Safety Act, as well as explanatory material prepared by the ministry that outlines the rights, responsibilities and duties of workers. This material must be in English and the majority language in the workplace [section 25(2)(i)];
• Prepare a written occupational health and safety policy, review that policy at least once a year and set up a program to implement it [section 25(2)(j)]. ^{[ 3 ]} For guidance on how to do this, see Appendix A;
• post a copy of the occupational health and safety policy in the workplace, where workers will be most likely to see it [section 25 (2)(k)];
• Provide the joint committee or the health and safety representative with the results of any occupational health and safety report that the employer has. If the report is in writing, the employer must also provide a copy of the relevant parts of the report [section 25(2)(1)];
• Advise workers of the results of such a report. If the report is in writing, the employer must, on request, make available to workers copies of those portions that concern occupational health and safety [section 25(2)(m)]; and
• ensure that every part of the physical structure of the workplace can support all loads to which it may be subjected, in accordance with the Building Code Act and any standards prescribed by the ministry [section 25(1)(e)]. This duty also applies to the self-employed.

Prescribed Duties of Employers

The word "prescribed" appears in many sections of the Act. It means that a regulation must exist in order to put into effect the requirements of that section. Where there is no regulation, the requirements of that section are not in force. 

Employers and supervisors have an obligation to know which regulations apply to their workplaces. If there is any uncertainty, an inspector should be consulted. 

Here is a list of duties of employers, under the Act, which may be prescribed. The first seven duties also apply to the self-employed. Where there is a regulation, an employer must:  

1. provide and maintain in good condition any prescribed equipment, materials and protective devices [sections 25(1)(a) and (b)];
2. ensure that the above are used in accordance with the regulations [section 25(1)(d)];
3. carry out any measures and procedures that are prescribed for the workplace [section 25(1)(c)];
4. keep and maintain accurate records, as prescribed, of the handling, storage, use and disposal of biological, chemical or physical agents [section 26(1)(c)];
5. notify a director of the Ministry of Labour of the use or introduction into a workplace of any prescribed biological, chemical or physical agents [section 26(1)(e)];
6. monitor, as prescribed, the levels of biological, chemical, or physical agents and keep and post accurate records of these levels [section 26(1)(f)];
7. comply with a prescribed standard that limits the exposure of a worker to biological, chemical or physical agents [section 26(1)(g)];
8. keep, maintain and make available to workers prescribed records of worker exposure to chemical, biological or physical agents [section 26(1)(d)];
9. establish and maintain an occupational health service for workers, as prescribed [sections 26(1)(a) and (b)];
10. provide prescribed medical surveillance programs and safety-related medical examinations and tests, for the benefit of workers [sections 26(1)(h) and (i)]; ^{[ 4 ]}
11. ensure, where prescribed, that only workers who have taken any prescribed medical examinations, tests or X-rays and who have been found physically fit to work, be allowed to work or be in a workplace [section 26(1)(j)];
12. where so prescribed, provide a worker with written instructions on the measures and procedures to be taken for his or her protection [section 26(1)(k)]; and
13. Carry out any prescribed training programs for workers, supervisors and committee members [section 26(1)(l)].

When hiring contractors or self employed persons must provide a copy of WSIB Certificate and insurance for general liability to you or sign WSIB exemption form - 1158A General Independent Operators Questionnaire. Critical First Steps Checklist There are some critical first steps you need to take. At a minimum have you: ð       Posted a copy of the Occupational Health and Safety Act where workers can access it? ð       Identified hazards in your workplace and told your workers about them? ð       Know what your responsibilities are to maintain a healthy and safe workplace? ð       Posted a copy of the In Case of Injury at Work poster? visit the WSIB site to obtain the poster ð       Knowledge of what your first aid requirements are? ð       Developed and posted a copy of your health and safety policy (employers with 6+ employees)? ð       Trained your workers to work safely? ð       Insist your workers use personal protective equipment when necessary? ð       Instructed your workers on what to do in case of an emergency? ð       Inspected your workplace on a regular basis (employers with 6+ employees)? ð       Facilitated the election (from amongst your workforce) of a health and safety representative (for firms with 6-19 employees and no designated substance) ð       Formed a joint health and safety committee (JHSC) for your workplace (employers with 20+ workers, or when you have designated substance)? ð       Bill 168 legislated requirements ð       AODA

Lynne Bard, BA (Honours), C.H.R.P., CES

Human Resources, Safety & Risk Management Experts

Taking the Complexity out of Compliance

President

Beyond Rewards Inc.

Phone: 519-821-7440

Cell: 519-830-7480

mail: lbard@beyondrewards.ca