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Occupational Health and Safety Overview An employee may refuse work until: The employer remedies the situation to the employee s satisfaction. – PowerPoint PPT presentation

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Title: OH

  • Occupational Health and Safety Overview

Federal or Provincial Jurisdiction?
  • Manufacturing
  • Fishing
  • Restaurants
  • Education
  • Public service (provincial)
  • Credit unions
  • Tourism
  • Logging
  • Shops, stores
  • Provincial Crown corporations
  • Health care
  • Local trucking
  • Airlines
  • Rail
  • Cross border trucking
  • Chartered banks
  • Broadcasting
  • Shipping
  • Telecommunication
  • Post office
  • Federal public service
  • Aircraft manufacturing
  • First Nations commercial business
  • Commercial fishing
  • Provincial
  • Federal

Workplace Safety Issues in Nova Scotia
  • 9,000 injuries per year
  • Cost NS 100,000 per year
  • 1,000 affected indirectly yearly

Nova Scotia Labour and Workplace Development
  • Oversees the Occupation Health and Safety Act
  • Act a written law
  • Regulations written laws that fall under Acts
    and give explanations and details
  • 1996 OHS Act enacted in Canada
  • Why to ensure that we have safe and healthy
    work spaces both indoors and outdoors and that
    citizens are protected in their work, home and
    play environments (www.gov.ns.ca/lwd)

NS Labour and Workforce Development
  • 10 main divisions include OHS
  • OHS Division established to
  • Promote and enforce standards to reduce
    occupational injuries and illnesses
  • Improve understanding of standards
  • Improve health and safety conditions through
  • Research
  • Inspection
  • Investigation
  • Enforcement

OHS Division concentrates on
  • Developing safe and healthy workplaces
  • Creating safety standards for protecting public
  • fences, signage
  • Improving provision of service
  • Promoting responsibility of employers and
  • workplace policy guides brochures

  • Inspecting
  • visiting worksites
  • Educating
  • Making public aware of role of Joint Health and
    Safety Committees and NSLWD
  • Enforcing
  • Writing tickets, stop words, compliance orders
    and prosecution

What do companies need to do?
  • If a company has 5 19 employees
  • Write a OHS policy
  • Appoint a health and safety representative

A Health and Safety Representative
  • Selected by non-managerial staff
  • Consults with employer about health and safety
  • Allowed time off with pay

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

  • Demonstrate available resources
  • Inform employees of legal rights and
  • Select an OHS Representative
  • Be signed by a senior management person
  • Be reviewed annually and updated for currency
  • Be put in writing, posted in the workplace, and
    be available upon request

Duties of the HS Rep
  • Regularly inspect to identify hazards
  • Ensure health and safety requirements are met
  • Make sure health and safety complaints are dealt
  • Offer advice on OHS issues
  • Ensure policies and programs are in compliance
    with the Act

  • If a company has 20 employees
  • DEVELOP an OHS program
  • Establish committee
  • Develop rules and procedures
  • Make copy available to members
  • Post minutes
  • Inform employees of hazards
  • Make inspection reports available
  • Respond to inquiries within 20 days

OHS Program must
  • Be prepared in consultation with a committee or
  • Designate health and safety responsibilities and
    accountability for health and safety
  • Include written safe work procedures
  • Have a system to identify, assess and control
    hazards including
  • A regular schedule
  • A reporting method
  • A procedure and timeline
  • Monitoring, follow up, and control for identified

  • Detail a training and supervision schedule
  • Include a reporting system
  • Be put in writing, posted in the workplace, and
    available upon request
  • Include evaluation of program use and
  • Create a Joint Occupational Health
    and Safety Committee

Whos Who?
  • Owner
  • Company or person who OWNS property
  • Employer
  • Responsible to hire a person(s) to do a job
  • Employee
  • Hired to do a job

Roles and Responsibilities
  • EVERYONE in a workplace SHARES responsibility for
    health and safety
  • DUE DILIGENCE must be shown by all parties
  • Due diligence is doing the right thing so the
    wrong thing wont happen
  • If something does happen and someone is injured,
    it is up to the employer/employee to prove they
    showed due diligence

  • Follow safety procedures
  • Use safety devices provided
  • Wear proper safety gear
  • Report any unsafe equipment
  • Maintain land/premises
  • Maintain equipment
  • Install safety devices on equipment
  • Ensure employees know proper use of safety
  • Provide safety gear for workers
  • Employer
  • Employee

  • Provide safety instruction
  • Do job training
  • Familiarize workers with health and safety
  • Provide information, facilities, and supervision
  • Use safety procedures
  • Report anything dangerous in the workplace
  • Employer
  • Employee

  • Ensure employees are not exposed to workplace
  • Consult and cooperate with OHS Act, committee,
    representatives, and/or others functioning under
    the act
  • Comply with the OHS Act and ensure that
    employees do too
  • Create a policy or program if required
  • Cooperate with employer and other employees
  • Consult and cooperate with OHS Act, committee,
    and representatives and/or others functioning
    under the act
  • Comply with the OHS Act
  • Cooperate with and/or participate in committee or
    as representative
  • Employer
  • Employee

  • Within 7 days of fire or accidents causing injury
  • Within 24 hours of accidental explosion (whether
    there are injuries or not)
  • Within 24 hours of a fatal or serious workplace
  • DO NOT DISTURB the accident scene except as
    necessary to prevent further injuries
  • Notify Workers Compensation within 5 working days
    of a workplace injury.
  • Failure to do so may result in 100/day fines
    every day thereafter.
  • Report any workplace injury or danger immediately
    to a supervisor
  • If the supervisor doesnt fix the hazard, report
    to the committee or representative
  • If they dont fix the hazard, report it to NSLWD
    (OHS Division)
  • Employer
  • Employee

A Safety Officer has all the powers of a Peace
Officer under the criminal code and may
  • inspect
  • investigate a complaint
  • obtain records
  • conduct an investigation
  • take samples
  • seize evidence
  • question the employers and/or employees
  • examine a person
  • compel statements from individuals regarding
    workplace accidents

  • An employer or employee may not hinder a Safety
  • Examples of orders a Safety Officer may issue
  • to suppliers if equipment is determined to be
  • to employers to conduct tests, assessments, or
    obtain reports.
  • to a person who has to do something to comply
    with an order.
  • to a person to stop work when a hazard or danger
    is present.
  • that an employee who has been terminated be
    returned to work.

What if an order isnt followed?
  • A fine or a penalty
  • Arrest
  • Courts may also add penalties such as
  • Up to 2 years in prison
  • Additional fines of up to 25 000 per day
  • Fines to repay employees their benefits

What if you dont agree?
  • A decision made by a Safety Officer can be
  • Appeal must be made in writing with 14 days
  • Appeal goes to the Executive Director of NSLWD
  • His/her decision may also be appealed to an
    Independent Appeal Council
  • It must be made in writing within 21 days of
    directors decision.

The Joint Health and Safety Committee
Whos on it?
  • number of people must be agreed upon by both the
    employer and employees
  • at least ½ must be non-managerial staff
  • employees selected by fellow employees or their
  • employees allowed time off work with pay to
    participate in Committee business
  • Usually 2 co-chairs - one management / one

What does the JHS committee do?
  • Regularly inspects to identify hazards
  • Ensures health and safety requirements are being
  • Ensures health and safety complaints are dealt
  • Offers advice to the employer on OHS issues
  • Ensures policies and programs are in compliance
    with the Act
  • Meets at least once a month (unless members agree
  • Keeps records and minutes of meetings
  • Acts as an advisory body

The 4 Rs Workers Rights
  • The Right to KNOW
  • The Right to REFUSE
  • The Right to PARTICIPATE
  • The Right to COMPLAIN

The Right to Know
  • Names contact information for Committee members
    or Representative
  • Most recent minutes
  • Copy of the OHS Act
  • Copy of workplace regulations
  • Nova Scotia Labour Workforce Development phone
  • The workplace policy or program as applicable
  • Any orders received from NSLWD, the notice of
    compliance, and any notice of appeal or decision

  • Any information on employees rights and
    responsibilities as advised by an officer
  • A response from the Committee or Representative
    to a written request or recommendation within 21
    days (or a written explanation as to why the
    information cannot be provided)
  • Notification of upcoming inspection, monitoring,
    and testing
  • Results of inspections, monitoring, and testing
    (or give a reason why this cannot be provided)
  • Permission to observe any OHS monitoring,
    sampling, evaluation, or inspection.
  • Explanation of inspections or testing at the

The Right to Refuse
  • An employee may refuse work that he/she feels is
    unhealthy or unsafe BUT must
  • Report to a supervisor that they refuse to do the
    work and explain why.
  • Report to the Committee or Representative if the
    situation is not remedied to his/her
  • Report to Nova Scotia Labour Workforce
    Development (OHS Division) if the situation is
    not remedied to his/her satisfaction.

An employee may refuse work until
  • The employer remedies the situation to the
    employees satisfaction.
  • The Committee has investigated the work refusal
    and all members unanimously agree that the
    employee return to work.
  • OHS Officer inspects and advises the employee to
    return to work.
  • Note The employee is entitled to receive
    regular pay and benefits during the investigation

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

The Right to Complain
  • An employer cannot treat you unfairly if you
  • Comply with the OHS Act
  • Contact NSLWD
  • Speak with a member of the JHSC
  • Refuse work
  • Testify in court regarding a violation
  • Tell the Safety Rep, JHSC or Safety Officer about
    a violation
  • Note UNFAIR TREATMENT - file a complaint within
    30 days to NSLWD Officer and receive regular pay
    and benefits

The Employers Rights
  • The Right To Know
  • Immediately be informed of hazards at the
  • The Right To Refuse
  • Assign the employee to other work but not in such
    a way that would be considered discriminatory
  • Give the work to another employee so long as s/he
    is aware of the first persons refusal, reason
    for refusing and his/her own right to refuse.
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