Notes_CHAPTER_11_-_OCCUPATIONAL_HEALTH_AND_SAFETY_2010-03_

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Unformatted text preview: CONCORDIA UNIVERSITY FACULTY OF ENGINEERING AND COMPUTER SCIENCE ENGR 201 PROFESSIONAL PRACTICE AND RESPONSIBILITY PROFESSOR : REMI ALAURENT, ENG. CHAPTER 11 OCCUPATIONAL HEALTH AND SAFETY ISSUES FOR ENGINEERING PROJECTS : QUEBEC AND CANADIAN LEGISLATION 1. Occupational health and safety (OH&S) responsibilities in Canada Page 1 2. An Act respecting occupational health and safety (Quebec) Page 11 3. The Canadian Labour Code Page 14 4. Regulations Page 20 5. The Canadian Centre for Occupational Health and Safety (CCOHS) Page 23 TOPIC 1 : OH&S RESPONSIBILITIES IN CANADA JURISDICTION Jurisdiction respecting occupational health and safety (OH&S) is shared between the federal, provincial and territorial authorities. Rev. 2010-03 © Concordia University, 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 In general, the authority rests with the provinces and territories and about 90% of canadian workers come under the legislation of the province / territory where they work. According to the Canada Labour Code [R.S. 1985, c. L-2], the federal government has authority on about 10% of the work force: persons employed in the public service of Canada to the extent provided for under section 11 of the Financial Administration Act employees of any corporation established to perform any function or duty on behalf of the Government of Canada employees who are employed on or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut; these businesses include: airports banks canals exploration and development of petroleum on lands subject to federal jurisdiction ferries, tunnels and bridges grain elevators licensed by the Canadian Grain Commission, and certain feed mills and feed warehouses, flour mills and grain seed cleaning plants highway transport pipelines radio and television broadcasting and cable systems railways shipping and shipping services employees of any Canadian carrier, as defined in section 2 of the Telecommunications Act, that is an agent of Her Majesty in right of a province. GENERAL RESPONSIBILITIES The Canadian Centre for Occupational Safety and Health (CCOSH) has summarized general responsibilities in a Q&A format as follows PAGE 2 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 1. Are there any similarities in OH&S legislation across Canada? Many basic elements (e.g., rights and responsibilities of workers, responsibilities of employers, supervisors, etc.) are similar in all the jurisdictions across Canada. However, the details of the OH&S legislation and how the laws are enforced vary from one jurisdiction to another. In addition, provisions in the regulations may be "mandatory", "discretionary" or "as directed by the Minister". 2. What are general responsibilities of governments? General responsibilities of governments for occupational health and safety include: enforcement of occupational health and safety legislation workplace inspections dissemination of information promotion of training, education and research resolution of OH&S disputes. 3. What are the employees rights and responsibilities? Employees responsibilities include the following: responsibility to work in compliance with OH&S acts and regulations responsibility to use personal protective equipment and clothing as directed by the employer responsibility to report workplace hazards and dangers responsibility to work in a manner as required by the employer and use the prescribed safety equipment. Employees have the following three basic rights: right to refuse unsafe work right to participate in the workplace health and safety activities through Joint Health and Safety Committee (JHSC) or as a worker health and safety representative right to know, or the right to be informed about, actual and potential dangers in the workplace 4. What are the supervisor's responsibilities? As a supervisor, he or she: must ensure that workers use prescribed protective equipment devices must advise workers of potential and actual hazards must take every reasonable precaution in the circumstances for the protection of workers. PAGE 3 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 5. What does legislation say about forming health and safety committees? Generally, legislation in different jurisdictions across Canada state that health and safety committees or joint health and safety committees: must be composed of one-half management and at least one-half labour representatives must meet regularly - some jurisdictions require committee meetings at least once every three months while others require monthly meetings must be co-chaired by one management chairperson and worker chairperson employee representatives are elected or selected by the workers or their union. 6. What is the role of health and safety committee? The role of health and safety committees or joint health and safety committees include: act as an advisory body identify hazards and obtain information about them recommend corrective actions assist in resolving work refusal cases participate in accident investigations and workplace inspections make recommendations to the management regarding actions required to resolve health and safety concerns. 7. What happens when there is a refusal for unsafe work? An employee can refuse work if he/she believes that the situation is unsafe to either himself/herself or his/her co-workers. When a worker believes that a work refusal should be initiated, then the employee must report to his/her supervisor that he/she is refusing to work and state why he/she believes the situation is unsafe the employee, supervisor, and a JHSC member or employee representative will investigate the employee returns to work if the problem is resolved with mutual agreement if the problem is not resolved, a government health and safety inspector is called inspector investigates and gives decision in writing. If you have specific concerns about what regulations require employers and workers to do, you should consult local authorities in your jurisdiction. This is especially true if your questions deal with the content, interpretation, compliance and enforcement of the legislation, and how it applies in your own workplace situation. Local offices are usually listed in telephone directory "Blue Pages" or under separate federal and provincial government headings in other telephone directories. Adapted from the CCOHS web page http://www.ccohs.ca/oshanswers/legisl/responsi.html Copyright ©1997-2001 Canadian Centre for Occupational Health & Safety PAGE 4 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 DUE DILIGENCE The Canadian Centre for Occupational Health and Safety (CCOHS) has summarized "due diligence" in a Q&A format as follows 1. What is meant by due diligence? Due diligence is the level of judgement, care, prudence, determination, and activity that a person would reasonably be expected to do under particular circumstances. Applied to occupational health and safety, due diligence means that employers shall take all reasonable precautions, under the particular circumstances, to prevent injuries or accidents in the workplace. This duty applies to situations that are not addressed elsewhere in the occupational health and safety legislation. To exercise due diligence, an employer must implement a plan to identify possible workplace hazards and carry out the appropriate corrective action to prevent accidents or injuries arising from these hazards. 2. Why does due diligence have special significance? "Due diligence" is important as a legal defense for a person charged under occupational health and safety legislation. If charged, a defendant may be found not guilty if he or she can prove that due diligence was exercised. In other words, the defendant must be able to prove that all precautions, reasonable under the circumstances, were taken to protect the health and safety of workers. 3. How does an employer establish a due diligence program? The conditions for establishing due diligence include several criteria: The employer must have in place written OH&S policies, practices, and procedures. These would demonstrate that the employer carried out workplace safety audits, identified hazardous practices and hazardous conditions and made necessary changes to correct these conditions, and provided employees with information to enable them to work safely. The employer must provide the appropriate training and education to the employees so that they understand and carry out their work according to the established polices, practices, and procedures. The employer must train the supervisors to ensure they are competent persons, as defined in legislation. The employer must monitor the workplace and ensure that employees are following the policies, practices and procedures. Written documentation of progressive disciplining for PAGE 5 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 breaches of safety rules is considered due diligence. There are obviously many requirements for the employer but workers also have responsibilities. They have a duty to take reasonable care to ensure the safety of themselves and their coworkers - this includes following safe work practices and complying with regulations. The employer should have an accident investigation and reporting system in place. Employees should be encouraged to report "near misses" and these should be investigated also. Incorporating information from these investigations into revised, improved policies, practices and procedures will also establish the employer is practicing due diligence. The employer should document, in writing, all of the above steps: this will give the employer a history of how the company's occupational health and safety program has progressed over time. Second, it will provide up-to-date documentation that can be used as a defense to charges in case an accident occurs despite an employer's due diligence efforts. All of the elements of a "due diligence program" must be in effect before any accident or injury occurs. If employers have questions about due diligence, they should seek legal advice for their jurisdiction to ensure that all appropriate due diligence requirements are in place. 4. What is an example of a due diligence checklist? 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. CHECKLIST Do you know and understand your safety and health responsibilities? Do you have definite procedures in place to identify and control hazards? Have you integrated safety into all aspects of your work? Do you set objectives for safety and health just as you do for quality, production, and sales? Have you committed appropriate resources to safety and health? Have you explained safety and health responsibilities to all employees and made sure that they understand it? Have employees been trained to work safely and use proper protective equipment? Is there a hazard reporting procedure in place that encourages employees to report all unsafe conditions and unsafe practices to their supervisors? Are managers, supervisors, and workers held accountable for safety and health just as they are held accountable for quality? Is safety a factor when acquiring new equipment or changing a process? Do you keep records of your program activities and improvements? Do you keep records of the training each employee has received? Do your records show that you take disciplinary action when an employee violates safety procedures? Do you review your OSH program at least once a year and make improvements as needed? Adapted from the CCOHS web page http://www.ccohs.ca/oshanswers/legisl/responsi.html Copyright ©1997-2001 Canadian Centre for Occupational Health & Safety PAGE 6 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHMIS) The Canadian Centre for Occupational Health and Safety (CCOHS) has summarized WHMIS in a Q&A format as follows 1. What is WHMIS? WHMIS is a short form for Workplace Hazardous Materials Information System. It is a comprehensive plan for providing information on the safe use of hazardous materials used in Canadian workplaces. Information is provided by means of product labels, material safety data sheets (MSDS) and worker education programs. 2. What are the main parts of WHMIS? The main components of WHMIS are hazard identification and product classification, labelling, material safety data sheets, and worker training and education. 3. Why was WHMIS created? It was created in response to the Canadian workers' right to know about the safety and health hazards that may be associated with the materials or chemicals they use at work. Exposure to hazardous materials can cause or contribute to many serious health effects such as effects on the nervous system, kidney or lung damage, sterility, cancer, burns and rashes. Some hazardous materials are safety hazards and can cause fires or explosions. WHMIS was created to help stop the injuries, illnesses, deaths, medical costs, and fires caused by hazardous materials. 4. How was WHMIS developed? WHMIS was developed by a tripartite steering committee with representatives from government, industry and labour to ensure that the best interests of everyone were considered. 5. Is WHMIS a law? Yes. WHMIS became law through a series of complementary federal, provincial and territorial legislation that became effective October 31, 1988. The majority of the "information" requirements (and exemptions) of WHMIS legislation were incorporated into the HAZARDOUS PRODUCTS ACT and the HAZARDOUS MATERIALS INFORMATION REVIEW ACT. These apply to all of Canada. PAGE 7 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 Regulations made under these acts include: Controlled Products Regulations, Ingredient Disclosure List, Hazardous Materials Information Review Act Appeal Board Procedures Regulations, Hazardous Materials Information Review Regulations. The occupational health and safety components of WHMIS that apply to federal employees and others covered by the Canada Labour Code (CLC) are specified in the CLC and the Canadian Occupational Safety and Health Regulations (Part X). The following acts and regulations apply to workers and employers covered by the provincial jurisdictions: British Columbia Alberta Saskatchewan Manitoba Ontario Quebec New Brunswick Nova Scotia Prince Edward Island Newfoundland Yukon Territories Northwest Territories & Nunavut PAGE 8 OF 25 Workers' Compensation Act Occupational Health and Safety Regulation, Part 5 Occupational Health and Safety Act Chemical Hazards Regulation, Part 2 Occupational Health and Safety Act Occupational Health and Safety Regulations, Part XXII The Workplace Safety and Health Act Workplace Hazardous Materials Information System Regulation Occupational Health and Safety Act Workplace Hazardous Materials Information System (WHMIS) Regulation Act Respecting Occupational Health and Safety Regulation Respecting Information on Controlled Products Occupational Health and Safety Act Workplace Hazardous Materials Information System Regulation Occupational Health and Safety Act Workplace Hazardous Materials Information System (WHMIS) Regulations Occupational Health and Safety Act Workplace Hazardous Materials Information System Regulations Occupational Health and Safety Act Workplace Hazardous Materials Information System (WHMIS) Regulations Occupational Health and Safety Act Workplace Hazardous Materials Information System Regulations Safety Act Work Site Hazardous Materials Information System Regulations © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 6. What are the duties under WHMIS? Suppliers, employers and workers all have specified responsibilities in the Hazardous Products Act. Suppliers: Canadian suppliers are those who sell or import products. When this product is considered a "controlled product" according to the WHMIS legislation, a supplier must label the product or container, and they must provide a material safety data sheet (MSDS) to their customers. The purpose of the labels is to clearly identify the contents of the hazardous material, and the MSDS is to explain what those hazards are. Employers: Employers are required to establish education and training programs for workers exposed to hazardous products in the workplace. Employers must also make sure that the products are labelled and that an MSDS is present for each product and that they are readily available to workers. Workers: Workers are required to participate in the training programs and to use this information to help them work safely with hazardous materials. They may also inform employers when labels on containers have been accidentally removed or if the label is no longer readable. 7. What are controlled products? Controlled products is the name given to products, materials, and substances that are regulated by WHMIS legislation. All controlled products fall into one or more of six WHMIS classes. 8. Who enforces WHMIS? WHMIS is enforced by the Labour Branch of Human Resources Development Canada for federal workplaces and by the provincial or territorial agencies responsible for occupational health and safety for most other workplaces. 9. Does CCOHS have more information about WHMIS? OSH Answers has several other documents about WHMIS dealing with various aspects including creating and understanding WHMIS-compliant MSDSs: WHMIS - Classification WHMIS - Education and Training WHMIS - Labelling Requirements Material Safety Data Sheets (MSDSs) - Creating Material Safety Data Sheets (MSDSs) - General 10. How do I get more information? If you have specific questions on the legislation, or enforcement that affect your workplace, you should contact the local office of the OH&S agency in your jurisdiction. PAGE 9 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 You can also search for WHMIS information on the web site of the occupational health and safety agency in your jurisdiction. You can quickly find your jurisdiction's web site by visiting the CanOSH Jurisdiction web page and click on the map or the name on the list. You can also read the WHMIS Reference Manual (and lots of other WHMIS-related information) by following the links on the Workplace Hazardous Materials Information System (WHMIS) web page on the Product Safety Bureau section on the Health Canada web site. Adapted from the CCOHS web page http://www.ccohs.ca/oshanswers/legisl/responsi.html Copyright ©1997-2001 Canadian Centre for Occupational Health & Safety THE GLOBALLY HARMONIZED SYSTEM OF CLASSIFICATION AND LABELLING OF CHEMICALS (GHS) Overview Canada has worked with other countries to harmonize existing hazard communication systems on chemicals in order to develop a single, globally harmonized system to address classification of chemicals according to their hazards and communicate the related information through labels and safety data sheets. After more than a decade of work, the new global system, the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), was adopted by the UN Economic and Social Council (ECOSOC) in July 2003. The first revised edition of the GHS (GHS Rev.1) was published in 2005 and included the amendments to the first edition adopted by the Committee of Experts at its second session (10 December 2004). At its third session (14 December 2006), the Committee of Experts adopted a set of amendments to the first revised edition of the GHS, which are included in the second revised edition of the GHS (published in July 2007). More work followed and the third revised edition was published in July 2009. This GHS system is now ready for worldwide implementation. Many countries, including Canada, are beginning the task of harmonizing existing regulatory regimes within the GHS framework. In Canada, it is PAGE 10 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 done since February 2008 for transportation of dangerous goods but not for workplace safety. While governments, regional institutions and international organizations are the primary audiences for the GHS, it also contains sufficient context and guidance for those in industry who will ultimately be implementing the requirements which have been adopted. The Plan of Implementation of the World Summit on Sustainable Development (WSSD), adopted in Johannesburg in 2002, encourages countries to implement the GHS as soon as possible with a view to having the system fully operational by 2008. This was somewhat optimistic. Details HTTP://WWW.UNECE.ORG/TRANS/DANGER/PUBLI/GHS/GHS_WELCOM E_E.HTML HTTP://WWW.HC-SC.GC.CA/EWH-SEMT/OCCUP-TRAVAIL/WHMISSIMDUT/GHS-SGH_E.HTML HTTP://WWW.UNECE.ORG/TRANS/DANGER/PUBLI/GHS/GHS_REV03/0 3FILES_E.HTML TOPIC 2 : AN ACT RESPECTING OCCUPATIONAL HEALTH AND SAFETY (QUEBEC) SUMMARY A very important piece of legislation : it applies to most workers in the province and has an impact on their everyday life. A very progressive act when it was enacted in 1979, as it introduced new concepts : PAGE 11 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 2. The object of this act is the elimination, at the source, of dangers to the health, safety and physical well-being of workers. This act provides mechanisms for the participation of workers, workers' associations, employers and employers' associations in the realization of its object. 3. The fact that collective or individual means of protection or safety equipment are put at the disposal of workers where necessary to meet their special needs must in no way reduce the effort expended to eliminate, at the source, dangers to the health, safety and physical wellbeing of workers. The act gave the worker many rights, including the right of refusal to do anything believed to be dangerous, to participate in health and safety committees, to be assisted by a safety representative, etc. It described the worker's obligations in one section : 49. A worker must 1) become familiar with the prevention programme applicable to him; 2) take the necessary measures to ensure his health, safety or physical well-being; 3) see that he does not endanger the health, safety or physical well-being of other persons at or near his workplace; 4) undergo the medical examinations required by this act and the regulations; 5) participate in the identification and elimination of risks of work accidents or occupational diseases at his workplace; 6) cooperate with the health and safety committee and, where such is the case, with the jobsite committee and with any person responsible for the application of this act and the regulations. THE EMPLOYER'S BURDEN While the workers are being granted many rights, the employer's rights were overshadowed by its obligations : § 1. — General rights Employer's rights. 50. Every employer is entitled, in particular, in accordance with this act and the regulations, to training, information and counselling services in matters of occupational health and safety. § 2. — General obligations Employer's obligations. 51. Every employer must take the necessary measures to protect the health and ensure the safety and physical well-being of his worker. He must, in particular, 1) see that the establishments under his authority are so equipped and laid out as to ensure the protection of the worker; 2) designate members of his personnel to be responsible for health and safety matters and post their names in a conspicuous place easily accessible to the worker; 3) ensure that the organization of the work and the working procedures and techniques do PAGE 12 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 not adversely affect the safety or health of the worker; 4) supervise the maintenance of the workplace, provide sanitary installations, drinking water, adequate lighting, ventilation and heating and see that meals are eaten in sanitary quarters at the workplace; 5) use methods and techniques intended for the identification, control and elimination of risks to the safety or health of the worker; 6) take the fire prevention measures prescribed by regulation; 7) supply safety equipment and see that it is kept in good condition; 8) see that no contaminant emitted or dangerous substance used adversely affects the health or safety of any person at a workplace; 9) give the worker adequate information as to the risks connected with his work and provide him with the appropriate training, assistance or supervision to ensure that he possesses the skill and knowledge required to safely perform the work assigned to him; 10) post up in a conspicuous place easily accessible to the worker all information transmitted by the Commission, the regional board and the physician in charge, and put that information at the disposal of the workers, the health and safety committee and of the certified association; 11) provide the worker, free of charge, with all the individual protective health and safety devices or equipment selected by the health and safety committee in accordance with paragraph 4 of section 78 or, as the case may be, the individual or common protective devices or equipment determined by regulation, and require that the worker use these devices and equipment in the course of work; 12) allow workers to undergo the medical examinations during employment required under this act and the regulations; 13) give, to the workers, the health and safety committee, the certified association, the public health director and the Commission, the list of the dangerous substances used in the establishment and of the contaminants that may be emitted; 14) cooperate with the health and safety committee, or as the case may be, the job-site committee and with any person responsible for the application of this act and the regulations and provide them with all necessary information; 15) put at the disposal of the health and safety committee the equipment, premises and clerical personnel necessary for the carrying out of its functions. Register of risks. 52. Every employer shall, in accordance with the regulations, keep and maintain a register of risks connected with certain jobs, identifying, in particular, the contaminants and dangerous substances connected with certain jobs, and a register of the risks connected with the kind of work performed by each worker in his employ. PREVENTION PROGRAMMES The Act established the basis of prevention programmes, to be gradually required in various industries according to the risks they represented : § 3. — Prevention programme Prevention programme. 58. Every employer who has an establishment of a category identified for that purpose by PAGE 13 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 regulation must see that a prevention programme for each establishment under his authority is implemented, taking into account the responsibilities of the health and safety committee, if any. Object. 59. The object of a prevention programme is to eliminate, at the source, risks to the health, safety and physical well-being of workers. Content. Such a programme, in addition to any component prescribed by regulation, must contain, in particular, 1) programmes for the adaptation of the establishment to the standards prescribed by the regulations respecting the layout of workplaces, work organization, equipment, material, contaminants, dangerous substances, processes and collective safety measures and equipment; 2) measures of supervision of the quality of the work environment and of preventive maintenance; 3) the specific standards of sanitation and safety for the establishment; 4) the terms and conditions of implementation of any other rule relating to health and safety in the establishment, which must include, as a minimum, the contents of the regulations applicable to the establishment; 5) identification of the individual protective devices and equipment which, while in compliance with the regulations, are best adapted to meet the needs of the workers of the establishment; 6) training and information programmes, for the workers, in matters of health and safety. Content. The components contemplated in subparagraphs 5 and 6 of the second paragraph are determined by the health and safety committee, if any, in accordance with paragraphs 3 and 4 of section 78. WHMIS Sections 62.1 to 62.22 implement WHMIS in Québec, along the lines that were originally established by the federal government and the provinces and territories. TOPIC 3 : THE CANADA LABOUR CODE SUMMARY A wide-ranging act, covering industrial relations (part I), occupational health and safety (part II) as well as standard hours, wages, vacations and holidays (part III). CONTENTS RESPECTING OCCUPATIONAL HEALTH AND SAFETY PAGE 14 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 Part II (sections 122 to 160) defines employer and employee duties, establishes complaints resolution processes and establishes health and safety officers. Section 125 is an impressive "grocery list" of employer duties while section 125.1 deals with hazardous substances at work. Some of the most interesting sections are : 122.1 The purpose of this Part is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment to which this Part applies. 122.2 Preventive measures should consist first of the elimination of hazards, then the reduction of hazards and finally, the provision of personal protective equipment, clothing, devices or materials, all with the goal of ensuring the health and safety of employees. 124. Every employer shall ensure that the health and safety at work of every person employed by the employer is protected. 125. (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, (a) ensure that all permanent and temporary buildings and structures meet the prescribed standards; (b) install guards, guard-rails, barricades and fences in accordance with prescribed standards; (c) investigate, record and report in the manner and to the authorities as prescribed all accidents, occupational diseases and other hazardous occurrences known to the employer; (d) post at a place accessible to every employee and at every place directed by a health and safety officer (i) a copy of this Part, (ii) a statement of the employer's general policy concerning the health and safety at work of employees, and (iii) any other printed material related to health and safety that may be directed by a health and safety officer or that is prescribed; (e) make readily available to employees for examination, in printed or electronic form, a copy of the regulations made under this Part that apply to the work place; (f) if a copy of the regulations is made available in electronic form, provide appropriate training to employees to enable them to have access to the regulations and, on the request of an employee, make a printed copy of the regulations available; (g) keep and maintain in prescribed form and manner prescribed health and safety records; (h) provide prescribed first-aid facilities and health services; (i) provide prescribed sanitary and personal facilities; (j) provide, in accordance with prescribed standards, potable water; PAGE 15 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 (k) ensure that the vehicles and mobile equipment used by the employees in the course of their employment meet prescribed standards; (l) provide every person granted access to the work place by the employer with prescribed safety materials, equipment, devices and clothing; (m) ensure that the use, operation and maintenance of the following are in accordance with prescribed standards: (i) boilers and pressure vessels, (ii) escalators, elevators and other devices for moving persons or freight, (iii) all equipment for the generation, distribution or use of electricity, (iv) gas or oil burning equipment or other heat generating equipment, and (v) heating, ventilation and air-conditioning systems; (n) ensure that the levels of ventilation, lighting, temperature, humidity, sound and vibration are in accordance with prescribed standards; (o) comply with prescribed standards relating to fire safety and emergency measures; (p) ensure, in the prescribed manner, that employees have safe entry to, exit from and occupancy of the work place; (q) provide, in the prescribed manner, each employee with the information, instruction, training and supervision necessary to ensure their health and safety at work; (r) maintain all installed guards, guard-rails, barricades and fences in accordance with prescribed standards; (s) ensure that each employee is made aware of every known or foreseeable health or safety hazard in the area where the employee works; (t) ensure that the machinery, equipment and tools used by the employees in the course of their employment meet prescribed health, safety and ergonomic standards and are safe under all conditions of their intended use; (u) ensure that the work place, work spaces and procedures meet prescribed ergonomic standards; (v) adopt and implement prescribed safety codes and safety standards; (w) ensure that every person granted access to the work place by the employer is familiar with and uses in the prescribed circumstances and manner all prescribed safety materials, equipment, devices and clothing; (x) comply with every oral or written direction given to the employer by an appeals officer or a health and safety officer concerning the health and safety of employees; (y) ensure that the activities of every person granted access to the work place do not endanger the health and safety of employees; (z) 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; (z.01) ensure that members of policy and work place committees and health and safety representatives receive the prescribed training in health and safety and are informed of their responsibilities under this Part; (z.02) respond as soon as possible to reports made by employees under paragraph 126(1)(g); (z.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; (z.04) where the program referred to in paragraph (z.03) does not cover certain hazards unique to a work place, develop, implement and monitor, in consultation with the work PAGE 16 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 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; (z.05) consult the policy committee or, if there is no policy committee, the work place committee or the health and safety representative to plan the implementation of changes that might affect occupational health and safety, including work processes and procedures; (z.06) consult the work place committee or the health and safety representative in the implementation of changes that might affect occupational health and safety, including work processes and procedures; (z.07) ensure the availability in the work place of premises, equipment and personnel necessary for the operation of the policy and work place committees; (z.08) cooperate with the policy and work place committees or the health and safety representative in the execution of their duties under this Part; (z.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; (z.10) respond in writing to recommendations made by the policy and work place committees or the health and safety representative within thirty days after receiving them, indicating what, if any, action will be taken and when it will be taken; (z.11) provide to the policy committee, if any, and to the work place committee or the health and safety representative, a copy of any report on hazards in the work place, including an assessment of those hazards; (z.12) ensure that the work place committee or the health and safety representative inspects each month all or part of the work place, so that every part of the work place is inspected at least once each year; (z.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; (z.14) take all reasonable care to ensure that all of the persons granted access to the work place, other than the employer's employees, are informed of every known or foreseeable health or safety hazard to which they are likely to be exposed in the work place; (z.15) meet with the health and safety representative as necessary to address health and safety matters; (z.16) take the prescribed steps to prevent and protect against violence in the work place; (z.17) post and keep posted, in a conspicuous place or places where they are likely to come to the attention of employees, the names, work place telephone numbers and work locations of all of the members of work place committees or of the health and safety representative; (z.18) provide, within thirty days after receiving a request, or as soon as possible after that, the information requested from the employer by a policy committee under subsection 134.1(5) or (6), by a work place committee under subsection 135(8) or (9) or by a health and safety representative under subsection 136(6) or (7); and (z.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. (2) Paragraph (1)(z.17) does not apply to an employer who controls PAGE 17 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 (a) a single work place at which fewer than twenty employees are normally employed, if all of those employees and the health and safety representative normally work at the same time and in the same location; or (b) a single work place at which only one employee is normally employed. 125.1 Without restricting the generality of section 124 or limiting the duties of an employer under section 125 but subject to any exceptions that may be prescribed, 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, (a) ensure that concentrations of hazardous substances in the work place are controlled in accordance with prescribed standards; (b) ensure that all hazardous substances in the work place are stored and handled in the manner prescribed; (c) ensure that all hazardous substances in the work place, other than controlled products, are identified in the manner prescribed; (d) subject to the Hazardous Materials Information Review Act, ensure that each controlled product in the work place or each container in the work place in which a controlled product is contained has applied to it a label that discloses prescribed information and has displayed on it, in the manner prescribed, all applicable prescribed hazard symbols; (e) subject to the Hazardous Materials Information Review Act, make available to every employee, in the prescribed manner, a material safety data sheet that discloses the following information with respect to each controlled product to which the employee may be exposed, namely, (i) if the controlled product is a pure substance, its chemical identity, and if it is not a pure substance, the chemical identity of any ingredient of it that is a controlled product and the concentration of that ingredient, (ii) if the controlled product contains an ingredient that is included in the Ingredient Disclosure List and the ingredient is in a concentration that is equal to or greater than the concentration specified in the Ingredient Disclosure List for that ingredient, the chemical identity and concentration of that ingredient, (iii) the chemical identity of any ingredient of the controlled product that the employer believes on reasonable grounds may be harmful to an employee and the concentration of that ingredient, (iv) the chemical identity of any ingredient of the controlled product the toxicological properties of which are not known to the employer and the concentration of that ingredient, and (v) any other information with respect to the controlled product that may be prescribed; (f) where employees may be exposed to hazardous substances, investigate and assess the exposure in the manner prescribed, with the assistance of the work place committee or the health and safety representative; and (g) ensure that all records of exposure to hazardous substances are kept and maintained in the prescribed manner and that personal records of exposure are made available to the affected employees. 126. (1) While at work, every employee shall PAGE 18 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 (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; (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; (i) 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. (2) Nothing in subsection (1) relieves an employer from any duty imposed on the employer under this Part. (3) No employee is personally liable for anything done or omitted to be done in good faith by the employee when the employee is assisting the employer, as requested by the employer, in providing first-aid or in carrying out any other emergency measures. The Act also provides for the establishment of Policy Health and Safety Committees when there are more than 300 employees (section 134.1), Work Place Health and Safety Committees when there are more than 20 employees – unless exempted by the Minister (section 135) or Health and Safety Representative when there are less than 20 employees (section 136). Section 148 provides for the punishment of offences by fines of up to one million dollars or imprisonment for a term of no more than two years. PAGE 19 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 TOPIC 4 : REGULATIONS UNDER THE ACT RESPECTING OCCUPATIONAL HEALTH AND SAFETY 61 regulations, most taken under section 223 which lists more than fourty subjects. The regulations respecting safety deal with "ordinary" workplaces as well as with construction sites, mines and quarries, foundries, shipyards etc. and with special topics such as working with explosives, concrete pumps and distribution masts, ice cutting, forestry operations, work in the vicinity of power lines, concrete formwork etc. Two regulations that stand out in importance are : The Regulation respecting occupational health and safety (R.Q., S2.1, r.19.01) Mainly a merger of two older regulations respecting industrial establishments and the quality of the work environment, it covers a wide range of conditions, machines and hazards over its 394 sections... The purpose of this Regulation is to establish standards pertaining in particular to the quality of air, temperature, humidity, heat stress, lighting, noise and other contaminants, sanitary facilities, ventilation, hygiene, sanitation and cleanliness in establishments, area conditions, storage and handling of dangerous substances, machine and tool safety, certain high risk tasks, individual protective equipment and the transportation of workers to ensure the quality of the work environment, to safeguard the health of workers and to ensure their safety and physical well-being. A PAGE 20 OF 25 few sections require certain work by an engineeer, such as : 31 : gangways and stationary platforms 245 : hoisting devices 278 : protective structures of self-propelling vehicles (ROPS) © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 348 : horizontal lifelines and anchorage points The Safety Code for the Construction industry (R.Q., S-2.1, r.6) A general regulation covering every aspect of construction, usual or unusual. Many sections require plans, drawings, specifications, procedures or statements by an engineer. A few exemples : 2.4.1 [...] (2) Before work mentioned in subsection 1 begins, the employer shall send to the Commission all plans including the installation and disassembling procedures signed and sealed by an engineer of the manufacturer, respecting: (a) the shoring of an excavation or trench 6 metres or deeper; (b) the shoring of concrete formwork; (c) any work which has to be done in compressed air and respecting the air lock; (d) any wood scaffolding 9 metres or more in height; (e) any metal scaffolding 18 metres or more in height; (f) any outrigger scaffolding or suspended outrigger scaffolding extending out more than 2,4 metres from the finished face of a building; (g) any temporary runway or platform designed to support workers and that is part of the forms; (h) any platform, bucket or basket attached to a hoisting device for the transport of persons; (i) any scaffolding used or installed on a vehicle or any equipment which may be moved; (j) any anchoring device used for the installation of prefabricated concrete slabs or prefabricated buildings; (k) any spreader bar used for the installation of prefabricated concrete slabs or prefabricated buildings; (l) any suspended scaffolding or boatswain's chair. (3) Before installing or putting up tower cranes, hoists or job-site elevators, the employer shall send to the Commission the installation plans signed and sealed by an engineer. These plans shall also include the disassembling procedure. (4) The copies of the compliance certificate signed by an engineer shall be sent to the Commission before the work begins. Sections relating to... 2.10.12 (3)(c) : horizontal life lines and anchorage systems 2.15.4 : boom of a horizontal hoisting apparatus 3.3.5 : statement about the soundness of a construction or an installation 3.10.3.3 (b) : earth-moving machineries used for lifting purposes 3.15.3 (1) and (3) : shoring and safety of trenches and excavations 3.15.7 : caissons PAGE 21 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 3.18.1 (1) and 3.18.2.2 (a) : demolition procedures 6.1.3 (8), 6.2.1 (a), 6.4.1 (c) and (d), 6.7.1 (3) and 6.9.1 : shoring of concrete formwork 9.4.1 : air locks UNDER THE CANADA LABOUR CODE Section 157 of the Canada Labour Code provides that : (1) Subject to this section, the Governor in Council may make regulations (a) prescribing anything that by this Part is to be prescribed; (a.1) restricting or prohibiting any activity or thing that any provision of this Part contemplates being the subject of regulations; and (b) respecting such other matters or things as are necessary to carry out the provisions of this Part. [...] (4) Regulations made under this section may be made applicable to all employment to which this Part applies, to one or more classes of employment to which this Part applies or to such employment in one or more work places. (5) Regulations made under this section incorporating a standard by reference may incorporate the standard as enacted or adopted at a certain date, as amended to a certain date or as amended from time to time. (6) Regulations made under this section that prescribe or incorporate a standard but that require the standard to be complied with only to the extent that compliance is practicable or reasonably practicable in circumstances governed by the standard may require the employer to report to a safety officer the reason that full compliance is not practicable or reasonably practicable in particular circumstances. Twenty two regulations have been adopted under that act, many respecting industrial relations and hours of work. Regulations with respect to safety and health are mainly about marine, oil and gas, on board trains, and Cape Breton coal mines (now defunct). The Canadian Occupational Health and Safety Regulations [SOR/86304] is an all-encompassing regulation that covers permanent structures, construction, boilers and pressure vessels, lighting, sound, electrical safety, sanitation, hazardous substances, confined spaces, tools and machinery, etc. PAGE 22 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 TOPIC 5: THE CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND SAFETY The Canadian Centre for Occupational Health and Safety (CCOHS) is a Canadian federal government agency based in Hamilton (Ontario), which serves to support the vision of eliminating all Canadian workrelated illnesses and injuries. Established in 1978, CCOHS is a federal departmental corporation reporting to the Parliament of Canada through the federal Minister of Labour. The Centre is governed by a Council representing three key stakeholder groups: government (federal, provincial and territorial), employers, and workers - a structure that mandates the CCOHS’ impartial approach to information dissemination. Objects, activities and powers of the Centre: (a) to promote health and safety in the workplace in Canada and the physical and mental health of working people in Canada; (b) to facilitate (i) consultation and cooperation among federal, provincial and territorial jurisdictions, and (ii) participation by labour and management in the establishment and maintenance of high standards of occupational health and safety appropriate to the Canadian situation; (c) to assist in the development and maintenance of policies and programs aimed at the reduction or elimination of occupational hazards; and (d) to serve as a national centre for statistics and other information relating to occupational health and safety. The Centre may, in furtherance of its objects : (a) promote, assist, initiate and evaluate research; (b) establish and operate systems and facilities for collecting, recording, processing, analysing, evaluating and disseminating statistics and other information; (c) publish and otherwise disseminate scientific, technological and other information; PAGE 23 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 (d) provide advice, information and service relating to existing or anticipated occupational health and safety problems to workers, trade unions, employers and government, to national, provincial and international organizations and to the public; (e) support and facilitate the training of personnel in and for the field of occupational health and safety; (f) sponsor and support public meetings, conferences and seminars; (g) expend, for the purposes of this Act, any money appropriated by Parliament for the work of the Centre or received by the Centre through the conduct of its operations; (h) give recognition to public or private organizations or individuals for outstanding contributions in the field of occupational health and safety; and (i) do such other things as are conducive to the carrying out of its objects. The Centre shall consider briefs and other written representations submitted to it on matters relating to occupational health and safety and may arrange public forums relating thereto. REQUIRED READING None SUGGESTED READING An Act respecting occupational health and safety (R.S.Q., chapter S-2.1) http://www.canlii.org/en/qc/laws/stat/rsq-c-s-2.1/latest/rsq-c-s2.1.html Safety code for the construction industry (R.Q., c. S-2.1, r.6) http://www.canlii.org/en/qc/laws/regu/rq-c-s-2.1-r6/latest/rq-c-s-2.1r6.html PAGE 24 OF 25 © Concordia University 2003 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 11 Regulation respecting occupational health and safety (R.Q., c. S-2.1, r. 19.01) http://www.canlii.org/en/qc/laws/regu/oc-885-2001-2001-go-23888/latest/oc-885-2001-2001-go-2-3888.html Part II (sections 122 to 160) of the Canada Labour Code, [R.S. 1985, c. L-2] http://www.canlii.org/ca/sta/l-2/ Canadian Occupational Health and Safety Regulations [SOR/86-304] http://www.canlii.org/ca/regu/sor86-304/whole.html A FEW REFERENCES Canadian Centre for Occupational Health and Safety : http://www.ccohs.ca/ Regulations in Québec : see http://www.canlii.org/qc/laws/sta/s-2.1/index.html Regulations in Canada: see http://www.canlii.org/ca/sta/l-2/regulations.html PAGE 25 OF 25 © Concordia University 2003 ...
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