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Title: Occupational%20Health%20and%20Safety%20Committees


1
Occupational Health and Safety Committees
  • Joint Training Initiative

2
Introduction
  • Your name?
  • Your workplace?
  • Member of OHS Committee for how long?
  • Your role as a committee member?
  • Previous OHS training or experience?

3
Action Objective
  • To provide participants with a clear
    understanding of workplace committees members
    duties in order to be able to effectively perform
    those duties to reduce or eliminate workplace
    hazards.

4
Learning Objective
  • a) Participants will be able to understand the
    purpose and legal requirement of Policy and
    Workplace committees (including Representatives)
    under the NT/NU Acts

5
Learning Objectives
  • b) Participants will be able to assume the
    functions and responsibilities of workplace
    committees

6
Learning Objective
  • c) Participants will be able to will be able to
    use effective communication methods to render
    their committee efficient

7
Learning Objectives
  • d) Participants will be able to develop and
    implement a work plan aiming at the reduction,
    elimination and control of workplace hazards

8
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9
Legislative Framework
  • This module will introduce the concept of
    Occupational Health and Safety Laws and
    Regulations Understanding and interpreting laws
    and regulations is essential for workplace health
    and safety committee members.

10
Legislative Framework
  • ACT
  • State general duties, requirements and principles
  • REGULATIONS
  • Provide specific rules for many circumstances
  • Cannot exceed the general authority of the ACT

11
Reading Legislation
  • Punctuation
  • And vs. Or
  • May vs. Shall
  • As prescribe as prescribed in Regulation

12
Reading Legislation
  • 157. (3) (b) (i)
  • 157 section
  • (3) subsection
  • (b) paragraph
  • (i) subparagraph

13
Legislative Framework
  • Canada Labour Code, Part II (For Federal Workers)
  • NT/NU Occupational Safety and Health Regulations
  • Criminal Code

14
Legislative Framework
  • Collective Agreements
  • Corporate Policies, Codes of Practice,
    Guidelines, Workplace Procedures

15
NT/NU WSCC ACTS
  • Those members who do not fall the under the
    Canada Code are covered by our Acts which have
    similar, if not in some cases higher more
    stringent regulations.

16
WSCC General Safety Regulations
  • Overview of Sections in the Northwest and Nunavut
    Territorial WSCC Acts

17
WSCC General Safety Regulations
  • Part I INTERPRETATION
  • Definitions of some of the terms used throughout
    the regulations
  • PART II Personal Protective Equipment

18
WSCC
  • Part 1
  • Interpretation. 1(1)
  • Application. 2
  • Accident Prevention. 3 (a-h)

19
WSCC General Safety Act
  • PART III First Aid Service Requirements
  • PART IV Office Safety

20
WSCC General Safety Regulations
  • PART V Construction and Maintenance
  • Schedules of Threshold levels

21
WSCC General Safety Regulations
  • Program. 4-37
  • Accident prevention program. 4-8
  • Instructions to Workers. 9-10
  • Equipment and Work Process. 11-12
  • Improper Conduct. 13
  • Persons Working Alone. 14
  • Impaired Persons. 15-16

22
WSCC Safety Regulations
  • Entry and Exit from Work Areas. 17
  • Illumination. 18-19
  • Restricted Visibility. 20
  • Housekeeping. 23-29
  • Noise Hazards. 30-31
  • Radiation Hazards. 32-34
  • Reporting of Accidents. 35
  • Confined spaces. 36-37

23
WSCC Part 111
  • Personal Protective Equipment
  • General. 38-40
  • Foot ware. 41-42
  • Headgear.43- 45
  • Hand Protection.46- 47
  • Eye Protection. 48-50
  • Flotation. 51
  • Ventilation. 52-54
  • Respiratory. 55-56
  • Safety Belts Harnesses, Lanyards and Lifelines.
    57-59

24
WSCC Part IV
  • Office Safety
  • Employers Responsibility. 80
  • Work Areas. 81-87

25
WSCC General Safety Act
  • Construction and Maintenance
  • Safe Building Construction. 88
  • Handrails and Guard rails. 89-96
  • Guards and Protective Guards. 97-139
  • Maintenance of Machinery and Equipment 141-149
  • Miscellaneous Requirement. 150-153
  • Welding and Burning. 154-167
  • Explosive actuated tools. 168-199
  • Mobile Equipment. 200-214
  • Rollover Protection Structures. 215-242

26
WSCC General Safety Regulations PART V continued
  • Transporting Materials. 243-245
  • Ladders. 246-259
  • Stages and Scaffolding. 260-327
  • Trestles. 328-344
  • Boatswains Chairs. 345-348
  • Work on roofs. 349-352
  • Construction Procedures. 353-361
  • Industrial chimney and Hoists. 362-378
  • Electrical Installations. 379

27
Legislative Recourse OVERVIEW
  • Overview of the Legislation that covers all
    workers in the NWT/NU

28
Need to Know
  • You need to
  • know the laws your co-workers, and your employer
    must follow
  • know your legal rights in the workplace and
  • know what to do if you are in an unsafe work
    situation.

29
What is Workplace Health and Safety Legislation?
  • The main laws concerning workplace health and
    safety are
  • NWT and NU Safety Acts and Regulations
  • NWT and NU Mine Health and Safety Acts and
    Regulations
  • Canada Labour Code

30
Legislation
  • NWT Employment Standards and NU Labour Standards
    Act
  • NWT and NU Human Rights Acts and
  • Regulations covering Workplace Hazardous
    Materials Information System (WHMIS)
  • Most laws in Canada are called Acts.

31
The NWT and NU Safety Acts and Regulations
  • The Acts set out the basic rights and
    responsibilities of both workers and employers
    and include the
  • right to know about workplace hazards
  • right to participate in workplace health and
    safety and
  • right to refuse any unsafe work.

32
The NWT and NU Safety Acts and Regulations
continued
  • Other areas covered by the Safety Acts are
  • Duty of Employer
  • Duty of Worker
  • Joint Worksite Occupational Health and Safety
    Committees

33
The NWT and NU Safety Acts and Regulations
continued
  • Offences by employers, workers and the penalties
    imposed.
  • Powers and duties of WSCC Safety Officers

34
The NWT and NU Safety Acts and Regulations
continued
  • The Regulations cover broad subjects like
  • Workplace Hazardous Materials Information System
  • Environmental tobacco smoke
  • Personal protective clothing and equipment
  • Incident reporting
  • First Aid service requirements
  • Office safety and
  • Construction and maintenance.

35
What happens if the Safety Acts and Regulations
arent followed?
  • If a WSCC Safety Officer finds an employer or
    worker not following the Acts and Regulations,
    they have the power to
  • order them to comply with the law
  • issue a stop work order and/or
  • begin legal proceedings.

36
What happens if the Safety Acts and Regulations
arent followed? continued
  • Employer, supervisor, or manager
  • fined up to 500,000 and/or
  • imprisoned for up to 1 year
  • Worker
  • fined up to 50,000 and/or
  • imprisoned for up to 6 months
  • Condoned
  • if a worker knew about an offence and didnt
    report it, they can be fined up to 25,000 and/or
  • imprisoned for up to 1 month

37
Harassment Protection
  • POLICIES, GUIDELINES AND LEGAL PROVISIONS THAT
    PROVIDE US WITH THE RIGHT TO AN HARASSMENT-FREE
    WORKPLACE

38
NWT Human Rights Act http//nwthumanrights.ca/wp-
content/uploads/2010/01/NWT-Human-Rights-Act-2009.
pdf
  • Prohibited Grounds of Discrimination
  •  5. (1) For the purposes of this Act, the
    prohibited
  • grounds of discrimination are race, colour,
    ancestry,
  • nationality, ethnic origin, place of origin,
    creed,
  • religion, age, disability, sex, sexual
    orientation, gender
  • identity, marital status, family status, family
    affiliation,
  • political belief, political association, social
    condition
  • and a conviction for which a pardon has been
    granted

39
NWT Human Rights Act http//nwthumanrights.ca/wp-c
ontent/uploads/2010/01/NWT-Human-Rights-Act-2009.p
df
  • Employment
  • 7. (1) No person shall, on the basis of a
    prohibited
  • ground of discrimination,
  • (a) refuse to employ or refuse to continue to
    employ an individual or a class of individuals
    or
  • (b) discriminate against any individual or class
    of individuals in regard to employment or any
    term or condition of employment.

40
NWT Human Rights Act http//nwthumanrights.ca/wp-c
ontent/uploads/2010/01/NWT-Human-Rights-Act-2009.p
df
  • Harassment
  • Harassment 14. (1) No person shall, on the basis
    of a prohibited ground of discrimination, harass
    any individual or class of individuals
  • (a) in the provision of goods, services,
    facilities or accommodation
  • (b) in the provision of commercial premises or
    residential accommodation or
  • (c) in matters related to employment.

41
NWT Human Rights Act http//nwthumanrights.ca/wp-c
ontent/uploads/2010/01/NWT-Human-Rights-Act-2009.p
df
  • (2) In subsection (1), "harass", in respect of an
    individual or class of individuals, means engage
    in a course of vexatious comment or conduct that
    is known or ought reasonably to be known to be
    unwelcome by the individual or class

42
Collective Agreement
  • Article 32.01 Discrimination
  • The Employer and the Union agree that there
    shall be no discrimination, interference,
    restriction, harassment or coercion exercised or
    practiced with respect to any employee by reason
    of age sex, race, colour, creed, national or
    ethnic origin, marital status, family status,
    sexual orientation, disability, gender identity,
    conviction for which a pardon has been granted,
    religious or political affiliation, or any other
    grounds proscribed by applicable legislation, by
    reason of Union membership or activity, nor by
    exercising their rights under the collective
    Agreement.

43
Collective Agreement
  • Article 51 Sexual Harassment
  • 51.01 Every employee has the right to freedom
    from harassment in the workplace because of sex
    by his/her Employer or agent of the Employer or
    by another employee.

44
Collective Agreement
  • Article 40 Safety and Health
  • 40.01 The Employer shall continue to make all
    reasonable provisions for the occupational safety
    and health of employees

45
NWT and NU Safety Acts and Regulations
  • The duty of the employer is to
  • a)Maintain the workplace so the health and safety
    of workers and others is not likely to be
    endangered
  • b)Take all reasonable precautions, and adopt and
    carry out all reasonable techniques and
    procedures to ensure the health and safety of
    every person in the workplace

46
NWT and NU Safety Acts and Regulations
  • The Duty of the worker is to
  • a) Take all reasonable precautions to ensure his
    or her own safety and the safety of other persons
    in the workplace.

47
NWT NU Workers Compensation Act
  • Policy 03.09 Psychiatric and Psychological
    Disability
  • outlines how the WCB will accept and compensate
    for claims for psychiatric and psychological
    disability.
  • A worker may experience an event or series of
    events which leads to mental stress and
    psychiatric or psychological disability.
  • The event must satisfy criteria of
    work-relatedness, trauma and objective
    verification.
  • To be compensable, the psychiatric or
    psychological disability must result from
    physical or emotional reactions to workplace
    trauma and be diagnosed by a psychiatrist or
    psychologist.

48
NWT NU Workers Compensation Act
  • Work-related traumatic events do not include the
    usual pressures and tensions reasonably expected
    by the nature of the workers occupation and
    duties.
  •  
  • Section 12(b) of the Workers Compensation Act
    states that no person is entitled to compensation
    for mental stress arising out of labour relations
    between the worker and employer, including mental
    stress caused by wrongful dismissal, unless the
    act or omission was made with intent to harm the
    worker.

49
GNWT Harassment Free and Respectful Workplace
Policy
  • Scope
  • 1) This Policy applies to every employee in the
    public service of the GNWT, except the NWT Power
    Corp. The Policy applies to workplace harassment
    that occurs at or away from the work place during
    or outside working hours within the context of
    the employment relationship.
  • 2) This policy and resolution process does not
    apply to complaints from clients or public

50
GNWT Harassment Free and Respectful Workplace
Policy
  • Policy Statement
  • The GNWT recognizes the diversity of the
    Northwest Territories public service and is
    committed to providing work environment where
    every employee is treated with fairness, dignity
    and respect.

51
GNWT Harassment Free and Respectful Workplace
Policy
  • Policy Statement cont ..
  • The Northwest Territories Human Rights Act
    provides every person in the workplace the right
    to freedom from harassment that is related to
    (re grounds of discrimination in the Act)
  • The GNWT also recognizes other types of
    workplace harassment that affect an employees
    dignity, not covered by prohibited grounds under
    the Human Rights Act.

52
GNWT Harassment Free and Respectful Workplace
Policy
  • Policy Statement cont
  • Harassment in any form is unacceptable behaviour
    and will not be tolerated. The GNWT is committed
    to providing a work environment where there is
    respect amongst employees and to facilitating the
    resolution of workplace harassment complaints.

53
GNWT Harassment Free and Respectful Workplace
Policy
  • Principles
  • The GNWT will adhere to the following principles
    when implementing this Policy
  • 1) All employees in the NWT public services have
    the responsibility to respect the rights of
    others and prevent incidents of harassment in the
    workplace.
  • 2) Nothing in this policy reduces the
    responsibility of employees and managers to
    address inappropriate conduct in the workplace,
    regardless of whether or not a complaint has been
    made.

54
GNWT Harassment Free and Respectful Workplace
Policy
  • 4. Definitions / Workplace Harassment
  • Means any behaviour that satisfies one or more
    of the following definitions as defined in this
    policy (see page 4 of Policy)
  • Abuse of Authority
  • Harassment
  • Personal Harassment
  • Sexual Harassment

55
GNWT Guide to Applying the Harassment Free and
Respectful Workplace Policy
  • Introduction
  • The GNWT is committed to creating and
    maintaining a respectful workplace free of
    harassment and where all individuals are treated
    with fairness, dignity and respect

56
GNWT Guide to Applying the Harassment Free and
Respectful Workplace Policy
  • Workplace Harassment
  • The GNWT recognizes that conflicts occur, and
    the Harassment Free and Respectful Workplace
    Policy is not meant to interfere with everyday
    work interactions where some conflict is normal.
    Every employee is expected to demonstrate
    behaviour that creates and maintains a respectful
    workplace and to resolve issues in a manner that
    contributes to a healthy, productive, workplace.

57
Workplace Hazardous Materials Information System
(WHMIS)
  • WHMIS is a Canada-wide information system that
  • deals with the handling, use, storage, and
    disposal of hazardous materials.

58
WHMIS
  • applies to employers and workers that store,
    handle, and dispose of controlled products at a
    workplace.

59
WHMIS
  • It is important to note that the WHMIS and
    Dangerous Goods protocols are being revised.
  • This was to be done last year but has been
    delayed.
  • Once in place retraining will be required for all
    workers.

60
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61
Rights and Responsibilities
  • This module will introduce the concept of
    Accountability and Responsibility in OHS Roles
    and Responsibilities within Organizations. It
    will also outline OHS Responsibilities in the
    Organization.

62
Some key statistics
  • World
  • 270 million - workplace accidents / year
  • 160 million - occupational diseases / year
  • Canada
  • Close to 1 million claims / year
  • Close to ½ include lost time
  • 1000 fatalities / year
  • Social impact
  • Lifes changes for ever
  • Health, family, social, career

63
Internal Responsibility System
  • Canadian OHS law rests on the Internal
    Responsibility System
  • What does it mean?

64
How is the IRS suppose to work?
  • Workplace parties are more knowledgeable and have
    a greater vested interest regarding hazards that
    may exist in the workplace

65
IRS
  • The Internal Complaint Resolution Process must be
    used before other legal redress found in the OHS
    Legislation.

66
IRS and the Employer
  • Provide a healthy workplace
  • Set up programmes and procedures
  • Provide all workers with
  • Information
  • Instruction
  • Training
  • Supervision
  • Fix problems
  • Work with joint workplace committee

67
IRS and the Worker
  • Look after our OHS
  • Look after co-workers OHS
  • Follow established procedures
  • Report
  • Hazards
  • Symptoms
  • Use our rights
  • Take action to get problems fixed

68
IRS and the Government
  • Regulator Enforce Law
  • Prepare and implement new laws through a
    consultation process
  • Take those disobeying the law to court

69
Rights and Responsibilities
  • Employer Obligations
  • Workshop A Employer Responsibilities - Hand out
    2 from PSAC Learning activity 5 Part I Article
    3-37 WSCC Safety Regulations Duties of
    Employers.

70
Duties of Employers
  • Provide Employees with
  • Information hazards
  • Training
  • Instruction
  • Supervision
  • Safety Materials P.P.E. Maintenance
  • Investigating Recording Reporting
  • Comply with Directions

71
Rights and Responsibilities
  • Duties of Employees
  • Workshop B Hand out 3 from PSAC Learning
    activity 5 Section 5 (a-b) WSCC Act Duties of
    Employees

72
Employees Obligations
  • Use Safety Materials P.P.E.
  • Follow Procedures
  • Reasonable precautions for their safety anyone
    else
  • Cooperate
  • Report Hazards Work Place Work Activity
  • Report Accidents
  • Report Contravention

73
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74
Workplace Participation
  • This module will introduce the concept of joint
    participation in workplace occupational health
    and safety issues. The role and responsibilities
    of Workplace committees are addressed.
    Participants will understand that workers and
    employers must participate together to identify,
    communicate and resolve occupational health and
    safety issues.

75
Workplace Participation
  • Workshop C
  • Handout Scenario (Enforcement) 1 to 3 in chapter
    5, learning activity La1 (CLC course), create
    three (3) small groups and ask each group to
    answer all three (3) scenarios. Each group to
    identify a reporter who will report back to the
    whole group.

76
HS Policy Committees
  • It is the pivot of the Internal Responsibility
    System and the commitment towards a joint
    decision making mechanism
  • The objective of the Committee is to ensure that
    HS issues be settled by the head of the
    organization.

77
Policy Committee
  • Assist in the development of Policies and
    Programs
  • Deal with matters raised by members and referred
    by a Work Place Committee Representative
  • Participate in the development and monitoring
    prevention and education
  • Participates in inquiries, studies,
    investigations and inspections
  • Monitor data on work accidents, injuries and
    health hazards
  • Participate in the development and monitoring
    P.P.E., Clothing, Devices, Materials
  • Participates in the planning of the
    implementation, and the implementation, including
    work processes and Procedures

78
Workplace Participation
  • Workshop D
  • Distribute Handout 3 from PSAC learning activity
    7 for workplace committee workshop.
  • Option a) if large group, create small groups who
    will work on a few paragraph each. Have a
    reporter to report on a few paragraphs and move
    to the next.
  • Option b) is small group, have the whole group
    work together and ask participants to report back
    after having time to work together.

79
Workplace Participation
  • Workshop E
  • Distribute Handout chapter 3 LA2 (CLC course).
  • How Facilitate a group discussion. Ask a
    participant to read out loud Scenario 1
    facilitator to read the questions. Ask
    participants to take five (5) minutes to read the
    Canada Labour Code sections identified under this
    scenario and to discuss with the person sitting
    next to them (facilitator identifies (1,2 1,2
    1,2 etc.)).
  • Then facilitate a group discussion
  • on the scenario using scenario 1 discussion sheet
    as a guide.
  • Repeat same process for all three (3) scenarios.

80
Responsibilities Health and Safety Committee
members
  • Consider and address all Health Safety
    Complaints

81
Responsibilities H S Committee Members
  • Participate in the implementation and monitoring
    of prevention of work place hazards, including
    training

82
Responsibilities H S Committee Members
  • Participate in the implementation and monitoring
    of a program for the provision of personal
    protective equipment (PPE), clothing, devices, or
    materials

83
Responsibilities HS Committee Members
  • Participate in all inquiries, investigations,
    studies, and inspections (Health Safety), when
    appropriate gets the assistance of professionals
    or technically qualified people for advice

84
Records
  • Ensure records are maintained on work accidents,
    injuries and health hazards relating to the
    health and safety of employees

85
Responsibilities HS Committee members
  • Assist the employer in investigating and
    assessing the exposure of employees to hazardous
    substances

86
Responsibilities HS Committee members
  • Inspect the work place, at least once a year

87
Responsibilities HS Committee members
  • Participate in the implementation of changes that
    might affect occupational health and safety,
    including work processes and procedures and,
    where there is no policy committee, shall
    participate in the planning of the implementation
    of those changes

88
Compensation and Return to Work
  • This module will introduce the concept,
    legalities and processes to follow to be
    compensated in case an employee suffers from a
    workplace injury or illness and will address the
    challenges a person with a functional limitation
    who returns to work may live.

89
Workers Compensation Awareness
90
1918 1952
91
When injured at work!
92
STEPS WHEN A WORKER IS INJURED
  1. First Aid
  2. Control of accident scene
  3. Plan investigation
  4. Interview Witnesses
  5. Gather Physical Evidence
  6. ANALYSIS
  7. Report and Make recommendations
  8. FOLLOW-UP

93
How to get a claim approved by the Board?
94
How to get a claim approved by the Board?
  • Claiming Workers Compensation
  • When?
  • How?
  • What should I say / not say?
  • What if I need accommodation?
  • Where can I get help?

95
How to get a claim approved by the Board?
  • Definition of Acccident includes
  • A chance event occasioned by a physical or
    natural cause or
  • The biggest reason for the denial of these claims
    is a lack of proof that an injury happened
  • A disablement arising out of and in the course of
    employment
  • The major reason for the denial of these claims
    is lack of proof that the work caused the injury

96
Review and Appeals 
  • If you disagree with a decision that we make, you
    have two levels of appeal
  • Level 1 - Review Committee - an internal
    committee which hears your review. The Review
    Committee can confirm, reverse or vary the
    original decision.
  • Level 2 - Appeals Tribunal -  an external body
    made up of members appointed by the Minister
    responsible for the Workers' Safety and
    Compensation Commission. It can only hear appeals
    of decisions the Review Committee makes. The
    Appeals Tribunal can uphold, reverse or vary the
    Review Committees decision.  
  • Review Committee To request the review of a
    decision by the Review Committee, follow the
    Review Procedure and complete a Request for
    Review form. 
  • Please note, effective April 1, 2011, as per
    section 115 of the NWT and Nunavut Workers'
    Compensation Act(s), a request for review of a
    Commission decision must be made within three (3)
    years of the day of the original decision

97
WSCC Review Procedure  
  • Download and complete the Request for Review
    form, or write a letter to the Registrar of the
    Review Committee. Your letter should include
  • Your claim number or employer number
  • Date of the decision letter you want reviewed
  • Reason(s) why you disagree with the decision
  • What you feel the decision should be
  • If you want an oral hearing or a documentary
    review For an in-person hearing, you are
    responsible for your travel and accommodations
    costs.
  • Send your Request for Review to
  • Review Committee Registrar Workers' Safety
    Compensation Commission Box 8888 Yellowknife, NT 
    X1A 2R3
  • Or Fax Toll-free to 1 866 277-3677

98
The Review Committee Registrar will
  • Send you a letter of receipt
  • Confirm the type of herain granted
  • Schedule your hearing date.
  • The Review Commitee will
  • Hold the hearing within 30 business days of
    receiving your request
  • Make a decision within 20 business days of the
    hearing
  • Send you the final decision. Deferred reviews may
    take longer than 50 business days.  

99
Appeals Tribunal
  • To appeal a Review Committee decision, complete
    an Appeals Application Form and send it to the
    Appeals Tribunal Registrar 
  • Appeals Tribunal Registrar NWT and Nunavut
    Workers' Compensation Appeals Tribunal Suite
    1002 - 10th Floor Precambrian Building Box 20 -
    4920 52nd Street, Yellowknife NT X1A 3T1
    Phone(867) 669-4420 Toll Free
    1-888-777-8167 Fax (867) 766-4467
  • You can receive help with your review at any time
    by contacting the Workers' Advisor. There is no
    charge for their services.

100
How to get a claim approved by the Board?
  • Personal injury by an accident and/or disease
    arising out of and in the course of employment
  • Example
  • Do not say I fell and hurt myself.
  • Say I was walking through the office in the
    scanning division. I stepped on a marker that
    was on the floor. My right leg went forward and
    I lost my balance. I fell backwards. I hit my
    shoulder on the fax machine. I hurt my right
    shoulder on the machine. When I landed on the
    floor, I hurt my right wrist, my neck, and my
    right hip.

101
OTHER COMPENSATION OPTIONS
102
OTHER COMPENSATION OPTIONS
  • Sick leave credits
  • Sick leave advances
  • Employment Insurance sickness benefits (first 15
    weeks)
  • max. 42 300 / 55 (23 265 annual)

103
OTHER COMPENSATION OPTIONS
  • Release for Incapacity / Resignation / Medical
    Retirement
  • Disability Insurance (after 13 weeks) 70 / 66 /
    top up
  • Canada Pension Plan Total Disability Benefits
  • Public Service Superannuation Act
  • (2 X years)
  • Impact on Severance Pay

104
OTHER COMPENSATION OPTIONS
  • Social Services
  • WSIB max. 75 100 annual / 85
  • CSST max. 62 000 annual / 90
  • If you apply for these benefits you must let them
    know that you are also applying for WCB benefits.
    They will ask you to sign a form which is a
    promise to pay back the money you may receive
    from WCB.

105
WSCC Appeal Process
  • Review and Appeals 
  • If you disagree with a decision that we make, you
    have two levels of appeal
  • Level 1 - Review Committee - an internal
    committee which hears your review.  The Review
    Committee can confirm, reverse or vary the
    original decision.
  • Level 2 - Appeals Tribunal -  an external body
    made up of members appointed by the Minister
    responsible for the Workers' Safety and
    Compensation Commission. It can only hear appeals
    of decisions the Review Committee makes. The
    Appeals Tribunal can uphold, reverse or vary the
    Review Committees decision.  
  • Review Committee To request the review of a
    decision by the Review Committee, follow
    the Review Procedure and complete a Request for
    Review form. 
  • For an in-person hearing, you are responsible for
    your travel and accommodations costs.

106
WSCC Appeal Process
  • Please note, effective April 1, 2011, as per
    section 115 of the NWT and Nunavut Workers'
    Compensation Act(s), a request for review of a
    Commission decision must be made within three (3)
    years of the day of the original decision.
  • WSCC Review Procedure English  Français  
  • Download and complete the Request for
    Review form, or write a letter to the Registrar
    of the Review Committee. Your letter should
    include
  • Your claim number or employer number
  • Date of the decision letter you want reviewed
  • Reason(s) why you disagree with the decision
  • What you feel the decision should be
  • If you want an oral hearing or a documentary
    review

107
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108
Hazards and Danger
  • This module will introduce the concept of Right
    to Know, the Right to Participate and the Right
    to Refuse Dangerous Work. It will address the
    impact of the Internal Responsibility System in
    managing OHS issues and in the Regulators
    enforcement strategy.

109
Due Diligence
  • Prevention is the best form of Due Diligence
  • Accountability and responsibility
  • Continuous Improvement
  • Improve degree of vigilance
  • Actively Identify Hazards and Hazardous
    Situations
  • Legal Defence
  • Management Tool

110
Internal Complaint Resolution Process
  • 127.1
  • Worker believes contravention or accident likely
  • Complaint to supervisor
  • Supervisor Worker resolve issue case Closed
    Documented
  • Chairperson Work Place Health Safety Committee
  • Joint Investigation writing complaint justified
    or not Make recommendation
  • Employer respond in writing when and how to be
    resolved if danger must stop work
  • WSCC NT/NU Safety Dept writing justify
    Directive
  • Appeal Process

111
Right to Refuse Dangerous Work
  • Inform Employer
  • Employer agrees, takes action
  • Employer informs Work Place Committee of danger
    actions
  • If parties disagree
  • Inform Employer Union Representative
  • Joint investigation outcome
  • If no agreement between parties, notify Labour
    Health Safety Officer
  • Alternate Work Safe Place
  • WSCC Safety investigates all parties
  • WSCC Safety writing
  • Appeal Process

112
Right to Refuse Dangerous Work
  • 128.
  • Not a normal condition of employment Danger
  • Use or operation of a machine
  • Condition
  • Activity

113
Danger
  • Means any existing or potential hazard or
    condition or a current or future activity that
    could reasonably be expected to cause injury or
    illness to a person exposed to it before the
    hazard or condition can be corrected, or the
    activity altered, whether or not the injury or
    illness occurs immediately after exposure to the
    hazard, condition or activity, and includes any
    exposure to a hazardous substance that is likely
    to result in a chronic illness ( reproductive
    system).

114
Right To Refuse
  • (2) A worker may refuse to do any work where the
  • worker has reason to believe that
  • (a) there exists an unusual danger to the
  • health or safety of the worker
  • (b) the carrying out of the work is likely to
  • cause to exist an unusual danger to the
  • health or safety of the worker or of any
  • other person or
  • (c) the operation of any tool, appliance,
  • machine, device or thing is likely to cause
  • to exist an unusual danger to the health or
  • safety of the worker or of any other
  • person.

115
Right To Refuse
  • Reporting
  • refusal
  • to work
  • (3) On refusing to work, the worker shall
    promptly
  • report the circumstances of his or her refusal to
    the
  • employer or supervisor who shall without delay
  • investigate the report and take steps to
    eliminate the
  • unusual danger in the presence of the worker and
    a
  • representative of the worker's union, if there is
    such, or
  • another worker selected by the worker who shall
    be
  • made available and who shall attend without
    delay.

116
PREVENTION PROGRAM
  • What is a hazard prevention program?
  • A program developed for the prevention of hazards
    in the work place through either the elimination
    of hazards, the reduction of hazards and finally
    the use of personal protective equipment
  • The prevention program also applies to workers
    who work outside of the workplace their work
    activities are covered to the extent that the
    employer controls the activity
  • The prevention program should tie together all of
    the preventative measures found in the Acts and
    Regulations
  • Provides for an all-encompassing prevention
    system in the work place that deals with all
    hazards, including hazards not directly referred
    to in existing regulations

117
LEGISLATIVE AUTHORITY
  • 7. (1) The Chief Safety Officer may direct that a
    Joint
  • Work Site Health and Safety Committee be
    established
  • at any work site and where the Chief Safety
    Officer so
  • directs
  • (a) the employer of the workers at the work
  • site, or
  • .

118
LEGISLATIVE AUTHORITY
  • (b) the principal contractor, where the
  • workers of two or more employers are
  • employed at the same work site, or the
  • owner of the project, where there is no
  • principal contractor,
  • shall ensure that a Committee is established

119
RELATED LEGISLATIVE LANGUAGE
  • recommendations
  • to the principal contractor, the owner or the
    employer,
  • as the case may be, and the workers for the
  • improvement of the health and safety of workers
    at the
  • work site, and for this purpose, the Committee
    may seek
  • the advice of a safety officer and shall notify a
    safety
  • officer of any unsafe or unhealthy situation on
    which it
  • is unable to make a

120
Workplace Inspection Hazardous Occurrence
Investigation
  • This module will introduce the concept of
    Workplace Inspections and Hazardous Occurrence
    Investigation (accident investigation).

121
Workplace Inspection
122
Workplace Inspection
  • Every part of the workplace inspected at least
    once a year
  • Inspect on a monthly basis
  • Develop a checklist specific to work location
  • Focus on hazards
  • Divide workplace into distinct Sectors
  • Record and Identify Corrective Actions

123
Workplace Inspection
  1. Walking and working surfaces
  2. Stairs and ladders
  3. Exits
  4. Fire prevention and evacuation procedures
  5. Safety Devices
  6. Design
  7. Ergonomics

124
Workplace Inspection
  • Machine functioning
  • Electrical equipment
  • Lighting
  • Temperature
  • Physical layout
  • Housekeeping
  • Work clothes

125
Workplace Inspection
  • Sanitation and wellness
  • Bulletin board
  • Job training and job description
  • Confined spaces
  • Ventilation
  • P.P.E.
  • Storage of materials (incl. Hazardous)
  • Specific rules
  • First Aid

126
Hazardous Occurrence Investigation
  • Workshop F
  • Hazardous Occurrence Investigation. Create two
    teams, distribute the two (2) Hazardous
    Occurrences Investigation Scenarios, review
    questions with participants and ask participants
    to break into two teams for 15 minutes. They
    must assign a reporter who will report back to
    the group. Ensure the reporter reads the
    scenario to the group before reporting back the
    work of the small group

127
Investigation
  • Legal Requirement Accountability
  • Joint Investigation - Responsibility
  • Cause of Accident
  • Corrective Measures
  • Prevention Actions
  • Cost
  • Workers Compensation

128
Investigation
  • First Aid
  • Control of accident scene
  • Plan investigation
  • Interview Witnesses
  • Gather Physical Evidence
  • ANALYSIS
  • Report and Make recommendations
  • FOLLOW-UP

129
Investigation
  • WHY
  • Causes Direct and Indirect
  • Combination of factors
  • Cycle, timing, speed
  • Supervision or lack of
  • Training or lack of
  • Work procedures or lack of
  • Toxic substances

130
Investigation
  • Investigation Team
  • ANALYSIS REPORTING
  • Causes Collection of Facts
  • Tasks - Witnesses
  • Material - Phys. Evidence
  • Environment - Background
  • Personnel
  • Management

131
Getting the most out of your OHS Committees
  • This module will introduce the concept of how
    efficient committees function.

132
Workplace Committee
  • POWERS Duties
  • Consider and dispose of Health Safety
    Complaints
  • Participate in the implementation and monitoring
    of prevention of work place hazards
  • Participate in the development, implementation
    and monitoring of programs to prevent work place
    hazards (POLICY COMMITTEE)
  • Participate in all inquiries, investigations,
    studies, and inspections (Health Safety)

133
  • Participate in the implementation and monitoring
    of a program for the provision of personal
    protective equipment (PPE), clothing, devices, or
    materials, and if No Policy Committee,
    participate in the development of the program
  • Ensure records are kept
  • Assist the employer in investigating and
    assessing the exposure of employees to hazardous
    substances
  • Inspect the work place, at least least once a
    year
  • Participate in the development of Health and
    Safety Programs (if there is no Policy Committee)

134
Getting the most out of Workplace HS Committees
  • Key functions of WOHS committees
  • Meet regularly
  • Inspect workplace
  • Investigate accidents
  • Develop guidelines and procedures
  • Seek information from workers
  • Analyse information
  • Aks for further information
  • Make HS recommendations to employer
  • Intervene
  • ICRP
  • Follow-up

135
Co-Chairpersons
  • Help establish and formalize the Committee
    mandate
  • Establish the Calendar of Meetings
  • Chair Meetings
  • Keeping on track with agenda
  • Delegate Responsibilities
  • Ensure the Committee respects its obligations
  • Ensure that appropriate follow-up measures are
    taken

136
Sample Agenda
  • Agenda
  • Date
  • Time
  • Location
  • Name of Co-Chairs, Members, Secreatary
  • Previous Minutes
  • Inspections Reports
  • Hazardous Occurrence Reports
  • Policies, Procedures, Guidelines new or revised
  • Training
  • New Business
  • Next Meeting

137
Type of Issues
  • Information
  • Hazardours Substances Inventory
  • Hazardours Situations
  • Right to Refuse Dangerous Work
  • Internal Complaint Resoultion Process
  • Workers Compensation
  • Analysis Report
  • Sanitary Reports
  • Inspections Participation
  • Plans for the introduction of changes

138
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139
CULTURE
  • Culture Changing Behaviour
  • Hear an idea 10
  • Consciously decide 25
  • Decide when you will do it 40
  • Plan how you will do it 50
  • Commit to someone else 65
  • Have a specific appointment and report whether
    you have done it 95
  • Franklin Covey Company Dr. Nancy Moore

140
Sources of Conflict
  • Facts differentiate between perception,
    knowledge, interpretation
  • Methods how to achieve objectives
  • Goals what is it each side trying to achieve
  • Values principles and motivation

141
Handling a Conflict
  • Competing power oriented excellent mean to
    become enemies
  • Accommodating individual neglects his concerns
    to satisfy the concerns of another group. Useful
    when other point of view is superior

142
Handling a Conflict
  • Compromising mutually acceptable solution often
    a middle ground position practical but all
    parties give up something
  • Avoiding usually a useless tactic can be use as
    a temporary measure (emotions)

143
Handling a Conflict
  • Collaborating collaboration and commitment to
    resolve differences. It means digging into an
    issue to identify all concerns and to find
    alternatives which meets both sides needs.
    Trying to find a creative solution to deep-seated
    differences of opinion on goals, values,
    procedures or roles. It settles the issue.

144
Legislated Problem Solving Approach
  • CONSENSUS
  • Collect Facts
  • Determine Problems
  • Determine Causes
  • Determine Solutions
  • Retain One Solution
  • Develop Action Plan
  • Follow-up

145
Decision Making
  • Individual Decision The supervisor makes the
    decision and others who are involved in the issue
    are expected to abide by the decision
  • Minority Decision A few of those involved meet
    to consider the issue and they make a decision
    which is binding for all concerned

146
Decision Making
  • Majority Decision More than half of those
    involved in an issue make a decision that is
    binding for all concerned
  • Consensus Decision Each member of a group
    expresses a view and a decision is made to which
    all can commit themselves at least partly
  • Unanimous Decision each member fully agrees on
    the decision

147
Meeting Review
  • Did we achieve what matters most
  • What could have been done better
  • How did we establish and maintain focus
  • Did we use effective meeting methods
  • How could we improve
  • Were the right people at the meeting
  • Are there clear actions items or next steps to
    take
  • Accountability what reputation do you want your
    committee meetings to have?

148
Making Workplace OHS Committee Efficient
  • An Action Plan based on Strategic Thinking
  • Planned in advance
  • Flexible
  • Takes peoples experiences into account
  • Requires a commitment from people
  • Realistic
  • Maintains interest
  • Must have substance

149
Making Workplace OHS Committee Efficient
  • Elaboration of a strategy
  • Set a goal
  • Identify pertinent actitivities
  • Identify human resources available an required
  • Identify material resources available
  • Distribute tasks and responsibilities
  • Put in place a communications system as well as a
    decision making process
  • Set timelines
  • Evaluate and report

150
Making Workplace OHS Committee Efficient
  • What does an OHS Activist do?

151
Making Workplace OHS Committee Efficient
  • What does an OHS Activist do?

152
Making Workplace OHS Committee Efficient
  • The Activist
  • Represents members
  • Pushes for problems to be solved
  • Looks for problems (hazards or symptoms)
  • Take complaints and questions and gets answers
  • Organise workers when there is a common problem
  • Caucus with other union members
  • Liaise with other HS Activists
  • Connects the causes of injuries and illnesses to
    workplace conditions that need fixing
  • Encourages members to file complaints, use their
    rights

153
Making Workplace OHS Committee Efficient
  • The Activist
  • Learns about OHS issues important to the local
  • Knows the demography of the workplace
  • Reports to membership regularly
  • Makes recommendations about OHS bargaining issues
  • Keeps records
  • Organises information and training sessions or do
    other awareness-building activities

154
Making Workplace OHS Committee Efficient
  • So
  • Learn about HS
  • Show up for all meetings
  • Act! Do not just react
  • Talk to members
  • Talk to the union
  • Talk to our allies in the labour movement
  • Educate and mobilize
  • Delegate
  • Do not back down

155
Workshop - G
  • 1- What are the barriers which limit your
    influence on OHS decisions in your workplace?
  • 2- What tools do you have to influence health and
    safety decisions in your workplace?
  • 3- Which role can the Union and the Employer OHS
    Committee Representatives assume to improve OHS
    in the workplace. Do they play opponent,
    complementary or equal roles as OHS committee
    members?
  • Be ready to report back to the group

156
Workshop - H
  • Regroup participants in small groups, ask each
    group to identify a reporter
  • Develop three objectives for your OSH workplace
    committee. They must be precise, realistic, and
    measurable (objectives, planned results,
    timelines and resources). They must be attained
    by the end of the next fiscal year. Use action
    verbs and identify challenges we may encounter.
  • Identify a body within the organization where the
    plan developed will be presented and where the
    committee will report back on the challenges
    which lead to attaining (or not) the objectives.
  • Debrief

157
Challenge I
  • Each committee should develop three objectives,
    they must be precise, realistic, and measurable
    and they must be attained at the end of the year.
  • Use action verbs, identify planned results and
    explain challenges which you may encounter
  • Identify a body within the organization where the
    plan developed will be presented and where the
    committee will report back on the challenges
    which lead to attaining (or not) the objectives.

158
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