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TABLE OF CONTENTS
/////////////////////////////////A////
Key Messages 3
About this Document 1 5
Section 1: Organizational Commitment to Health and Safety 9
Section 2: Responsibilities under OHS Legislation 13
i ry ' h*H ]q ? »' ^ 23
Section 4: Health, and Safety Management Systems 29
Section 5: Company Health and Safety Policy 33
Section 6: Hazard Identification, Assessment and Control 37
Section 7: Worksite Inspection 4?'
Section 8: Harmful' Substances and Workplace Hazardous
'Materials Information System (WHMIS) L. 51
Section 9: Worker Competency and Training 53
Section 10: Emergency Preparedness and Response Plan 59
Air : ' 1 ; of
Section 12: Workplace Violence 75
Section 13: Working Alone 81
Section 14: Incident Management and Investigation 83
Sec tion 15: Program Monitoring and Evaluation ..... 91
Section 16: Glossary 93
Section 17: Resources 95
Evaluation Form 97
Section 1
Management commitment is critical for developing a work site culture that allows your health and safety management system to succeed.
Section 2
There are minimum legislated requirements that employers and workers need to comply with. Know your responsibilities.
gecti.9.M:3
It is important to define your work sites and determine if you need to designate a prime contractor where there is more than one employer working at the work site at the same time.
Section 4
A health and safety management system is a formal process to help you achieve compliance and ensure you have a safe workplace.
Section 5
The best way for management to show they are committed to health and safety is to develop and display a health and safety policy statement.
Section 6
Conducting a detailed hazard identification, assessment and control process is critical to ensuring worker safety.
Section 7
Work site inspections are one way to ensure you haven’t overlooked any hazards at your worksite.
Section S
Workers must be trained and competent to deal with the harmful substances and chemicals they work with or are near.
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Recommended Practices in Health and Safety - A Guide for Building Owners & Managers 3
Section 9
Employers must provide training to ensure they have competent staff. Workers must use this training to accomplish tasks safely.
Section 10
Emergency planning is critical to everyone’s safety when the unthinkable happens.
Section 11
Training workers in first aid is the first step to ensuring prompt medical treatment.
Section 12
Identifying situations where workers may be exposed to violence, training them and putting in appropriate controls can minimize the risk to workers.
Section 13
Employers must consider working alone as a workplace hazard and ensure an effective system is in place to provide assistance to employees working alone if there is an emergency, injury or illness.
Section 14
Prompt reporting and thorough investigation of all incidents allows an employer to identify root causes and implement controls aimed at preventing the incident from recurring.
Section 15
Safety management system evaluation will help employers ensure that the system elements in place are effective and identify areas where improvement is required.
4 Recommended Practices in Health and Safety - A Guide for Building Owners & Managers
This document was developed with the unique needs of building owners and managers in Alberta in mind. Recommended Practices in Health and Safety: A Guide for Building Owners and Managers includes the information most commercial building owners or managers need to begin to create a safe and healthy workplace for their staff, including:
• an overview of their legal obligations under the Occupational Health and Safety (OHS) Act, Regulation and Code
• the importance of management and organizational commitment to health and safety including promotion of the Partnerships Certificate of Recognition (COR) Program
• the need for employee involvement in health and safety planning
• sources of information and support to help them set up a successful health and safety plan for their specific needs.
The users of this document are intended to be, but not limited to:
• Employers and workers of property management companies
• Including members of Building Owners and Managers Association (BOMA) and Building Operators Association (BOA) Calgaray and others in the building management industry
• Service provider companies which may include, but are not limited to:
• Construction contractors
■ Custodial companies
■ Vendors and suppliers
■ Electrical contractors
■ Mechanical contractors
• Materials suppliers Environmental consultants
• Property tenants
Not all requirements under the OHS Act, Regulations and Code are discussed in this resource. This resource is not intended to be legal advice nor is it a definitive guide to the legislation. You are advised to review the legislation thoroughly and to consult a lawyer if you have any specific legal issues. In case of inconsistency between this resource and the occupational health and safety legislation or any other legislation, the legislation will always prevail. For more detailed information, refer to the OHS Act, Regulation or Code, and explanation guide.
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The Alberta OHS legislation referenced in this document is highlighted inside yellow boxes. These boxes contain the minimum requirements every work site must meet, although many businesses do exceed these.
LEGISLATEDREQUIREMENTS Other pieces of legislation that relate to work site health and safety are
highlighted inside blue boxes.
LEGISLATED REQUIREMENTS
Other legislation that may apply to your worksite
• Employment Standards Code: http://www.employment.alberta.ca/SFW/1698.html
• Alberta Human Rights Legislation: www.albertahumanrights.ab.ca/
• Workers’ Compensation Board: www.wcb.ab.ca
• Alberta Building Code:
http://www.lrc.education.gov.ab.ca/pro/resources/item.htm?item-no=683161
Copyright and Terms of Use
This material, including copyright and marks under the Trade Marks Act (Canada), is owned by the Government of Alberta and protected by law.
This material may be used, reproduced, stored or transmitted for non-commercial purpose. However, Crown copyright is to be acknowledged. If it is to be used, reproduced, stored or transmitted for commercial purposes, written consent of the Minister is necessary.
Disclaimer
The information provided in this Recommended Practices Guide is solely for the user’s information and convenience and, while thought to be accurate and functional, it is provided without warranty of any kind. If in doubt, please refer to the current edition of the Act, Regulation and Code. The Crown, its agents, employees or contractors will not be liable to you for any damages, direct or indirect, arising out of your use of the information contained in this Guide.
This Recommended Practices Guide is current to July 1, 2009.
• All references to the Occupational Health and Safety Act refer to the Occupational Health and Safety Act, Chapter 0-2, R.S A. 2000.
• All references to the Occupational Health and Safety Regulation refer to the Occupational Health and Safety Regulation, AR 62/2003.
• All references to the Occupational Health and Safety Code refer to the Occupational Health and Safety Code, 2009.
• All references to the Criminal Code of Canada refer to the Criminal Code of Canada, (R.S., 1985, c.C-46)
• All references to the Canada Labour Code Part II refer to the Canada Labour Code (R.S., 1985, c. L-2)
6 Recommended Practices in Health and Safety - A Guide for Building Owners & Managers
Acknowledgements
This Recommended Practices in Health and Safety: A Guide for Building Owners and Managers has been developed in consultation with The Building Owners and Managers Association of Calgary (BOMA Calgary), the Building Operators Association of Calgary (BOA Calgary), the Alberta Association for Safety Partnerships (AASP) and the Alberta Government - Employment and Immigration (AEI), Occupational Health and Safety and Alberta Infrastructure.
We acknowledge the valuable contributions of the organizations and their representatives who participated in this project.
• 20 VIC Management
• BGE Service and Supply Limited
• Brookfield Properties Corporation
• Cadillac Fairview Corporation Ltd.
• Calgary TELUS Convention Centre
• CB Richard Ellis
• GE Water Technologies Inc.
• GWL Realty Advisors Inc.
• MacKenzie Management Consulting Inc.
• Oxford Properties Group
• Realex Property Management
• Siemans
• Tillyard Management
• Tonko Realty Advisors Ltd.
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8 Rec
ORGANIZATIONAL COMMITMENT TO HEALTH + SAFETY
////A/////////////////////////////////,
Why should we pay attention to health and safety?
It is the right thing to do.
Protecting workers from injury and illness is the right thing to do.
It’s the law.
Occupational health and safety is about the prevention of workplace injury or illness. Because it is such an important issue, there are laws in place to ensure that Albertans have a safe and healthy place to work.
Breaching the obligations set out in the OHS Act can result in a fine of up to $500 000 for a first offense, six months in jail or both. For subsequence offences the penalty can rise to a fine of $1 000 000, a one year jail sentence or both.
Reference: OHS Act, section 41
Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.
LEGISLATED REQUIREMENTS
Reference: Criminal Code of Canada, section 217 (1)
Health and Safety is also good business.
Informed employers also realize that health and safety is good business - and that health and safety pays in more ways than one.
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DID YOU KNOW?
More Business, Better Business
A safe and healthy business is a well-managed business. That’s why:
• many companies check to ensure that suppliers have a good health and safety record before they contract them for work or to provide services
• financial institutions are interested in a firm’s health and safety record when considering a loan application
• a good health and safety record shows that your building is a desirable place to work and can increase your tenancy rates
• a Certificate of Recognition (COR) is a pre-bid requirement on many contracts An unsafe business exposes you to liabilities that others don’t want to assume.
More Motivated Workers
An active commitment to health and safety lets workers know that they matter most. You have already invested in your workers through training and on-the-job experience. It makes sense to keep them in their jobs by preventing injury and illness.
Better Quality
Many businesses, large and small, have found that the quality of their products and services improved.
Many factors contribute to improved quality, such as
• training
• effective communication
• worker involvement
• a system for ensuring standards are met
Like quality, health and safety has to start at the top with management commitment.
This document is meant to provide information and strategies to help building owners and managers meet the requirements of the legislation and provide for the health and safety of their workers.
The lost time claims costs for our industry was $1 431 248 in 2008 in Alberta. This is an increase of more than 200% from 2007. Those are only the direct costs related to compensation, treatment and rehabilitation of the workers. This doesn't include the costs to their family or the business. It all adds up.
4403 days of work were lost to our workers in 2008 because of workplace injuries. We can do better for our workers. The average cost per claim was $7 228.53 (2008). Some were less, but some were much more; eleven claims cost more than $25 000.
Reference: WCB Alberta Industry Synopsis. Industry: 89702 Property Management. Run date: 7/7/2009.
10
Recommended Practices in Health and Safety - A Guide for Building Owners & Managers
Health and Safety in Our Industry
The most frequently compensated mechanisms1 of disabling injury to workers employed in property management over the past five years (2004 - 2008) have been:
|
Type of Incident |
Percentage of Disabling Injuries |
|
Falls |
23.5% |
|
Overexertion |
22.3% , : :« : . .. . . ! . ? . |
|
Bodily reaction and exertion |
17.0% |
|
Struck by an object |
9.0% |
|
Slipping |
6.4% |
|
These injuries occurred most commonly to the following areas of the body: |
|
|
Part of Body |
Percentage of Disabling Injuries |
|
Back, including spine, spinal cord |
25.4% |
|
Wrist(s)/Hand(s)/Finger(s) |
16.3% |
|
Leg(s) |
12.8% |
|
Trunk |
12.5% |
|
Ankle(s) and Foot (Feet) except toes |
10.4% |
|
The most common natures of injury for these workers are: |
|
|
Nature of Injury |
Percentage of Disabling Injuries |
|
Sprains, strains and tears |
50.3% |
|
Other traumatic injuries and diseases |
11.0% |
|
Surface wounds and bruises |
10.5% |
|
Fractures and Dislocations |
9.1% |
|
Open wound |
8.8% |
Measuring Your Commitment and Involvement
As an employer, you should take every possible opportunity to show your workers that you are committed to health and safety practices by becoming actively involved. Talk to your workers about your health and safety practices. Offer your suggestions for improvements, and solicit theirs. Make your workers feel comfortable coming to you to discuss their concerns. At meetings, make sure health and safety is discussed and take an active role.
1 Reference: WCB Alberta Industry Synopsis. Industry: 89702 Property Management. Run date: 7/7/2009.
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Take this quiz to see how committed you really are.
To determine the extent of your commitment to, and involvement
in, health and safety, read the questions in the following list: Yes No
Do you set realistic health and safety goals, assign responsibilities and hold people accountable for them?
Do you hold yourself accountable for all your health and safety responsibilities?
Do you have a joint worksite health and safety committee?
Is health and safety discussed at alt your meetings?
Are your workers given the opportunity to express their concerns? Do they feel comfortable about doing this?
Do you follow up on the concerns raised by your workers?
Do you do regular maintenance of equipment or machinery?
Do you enforce proper work procedures regardless of the work schedule?
Do you ensure that proper safety procedures are reviewed before the job starts?
Are health and safety concerns considered in budget planning?
Do you take an active role in all aspects of your health and safety system?
This is not a comprehensive list. It should only be considered an indicator of your commitment to good health and safety practices.
If you answered:
Yes to all of these questions - you are probably very committed and involved in your program.
Yes to only some of them - you may need to reassess your commitment in the specific areas where you did not answer yes.
You need to be fully committed and demonstrate that by being involved in all aspects of your health and safety program. This publication will help you answer yes.
This form is for example purposes only. Completing this form alone will not necessarily put you in compliance with the legislation. It is important and necessary that you customize this document to meet the unique circumstances of your worksite. Further, it is essential that this document is not only complete, hut is used, communicated, and implemented in accordance with the legislation. The Crown, its agents, employees or contractors will not be liable to you for any damages, direct or indirect, arising out of your use of this form.
Resources for a Improving Organizational Commitment Alberta Association for Safety Partnerships:
http:/A/vww.safetypartnershipsaasp.com/aasp_tmpl.php?content=home
12 Recommended Practices in Health and Safety - A Guide for Building Owners & Managers
2 RESPONSIBILITIES UNDER OHS LEGISLATION
A///////////A//A/////////////////////A
What are my Responsibilities under the OHS Legislation?
Whether your management company is big or small, based at one location or many, you are legally responsible to make sure that the working environment is a safe and healthy place to work.
Availability of Legislation
A current paper or electronic copy of the OHS Act, OHS Regulation and OHS Code must be readily available to all workers.
Reference: OHS Code, section 2.1
In Alberta, the requirements for workplace health and safety are outlined in the Occupational Health and Safety Act (OHS Act), Regulation (OHS Regulation), and Code (OHS Code). These documents are available for viewing or downloading on the Alberta Employment and Immigration (AEI), Occupational Health and Safety (OHS) web site at: www.worksafely.org. Printed copies may be purchased from the Queen’s Printer at:
Phone: 780-427-4952 Fax: 780-452-0668
Call any Government of Alberta office toll-free Dial 310-0000, then the area code and telephone number you want to reach
www.qp.gov.ab.ca or at:
Main Floor, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K2P7
What if I have questions about the legislation?
If you have questions about the legislation, check the Work Safe Alberta website at: www.employment.alberta.ca or call the Occupational Health and Safety Contact Centre at 1-866-415-8690 (Toll free in Alberta), 780-415-8690 (Edmonton and surrounding area).
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|
Employer Obligations Under the OHS Act and OHS Regulation, employers are responsible for ensuring the health and safety of all workers at the work site. There are also more specific requirements of employers depending on the hazards and the work that is to be done, in the OHS Code. |
|
|
LEGISLATED REQUIREMENTS |
Who is an Employer? Employer means • a person who is self employed in an occupation • a person who employs one or more workers • a person designated by an employer as the employer's representative • a director or officer of a corporation who oversees the occupational health and safety of the workers employed by the corporation. Reference: OHS Act, section l(k) |
|
LEGISLATED REQUIREMENTS |
Employer Responsibilities Under the OHS Act, employers are responsible for ensuring the health and safety of all workers at the work site. There are also specific requirements of employers depending on the hazards and the work that is to be done. These include, but are not limited to: : Every employer shall ensure, as far as it is reasonably practicable for the employer to do so, the health and safety of • workers engaged in the work of that employer, and • those workers not engaged in the work of that employer but present at the work site at which that work is being carried out, and that the workers engaged in the work of that employer are aware of their responsibilities and duties under this Act, the regulations and the adopted code. Reference: OHS Act, section 2(1) Under the OHS Regulation, there are more specific requirements of employers that include but are not limited to: |
|
LEGISLATED REQUIREMENTS |
Equipment An employer must ensure that all equipment used at a work site • is maintained in a condition that will not compromise the health or safety of workers using or transporting it, • will safely perform the function for which it is intended or was designed, • is of adequate strength for its purpose, and • is free from obvious defects. If a worker is required under the Act to use or wear specific equipment, the employer must ensure that the worker uses or wears the equipment at the work site. Reference: OHS Regulation section 12 |
14 Recommended Practices in Health and Safety - A Guide for Building Owners & Managers
General Protection of Workers
LEGISLATED REQUIREMENTS
If work is to be done that may endanger a worker, the employer must ensure that the work is done
■ by a worker who is competent to do the work, or
• by a worker who is working under the direct supervision of a worker who is competent to do the work.
An employer who develops or implements a procedure or other measure respecting the work at a work site must ensure that all workers who are affected by the procedure or measure are familiar with it before the work is begun.
An employer must ensure that workers who may be required to use safety equipment or protective equipment are competent in the application, care, use, maintenance and limitations of that equipment.
If a regulation or an adopted code imposes a duty on a worker, the worker's employer must ensure that the worker performs that duty.
Reference: OHS Regulation, section 13(1-3)
Safety training
An employer must ensure that a worker is trained in the safe operation of the equipment the worker is required to operate.
An employer must ensure that the training includes the following
• the selection of the appropriate equipment
• the limitations of the equipment
• an operator's pre use inspection
• the use of the equipment
• the operator skills required by the manufacturer's specifications for the equipment
• the basic mechanical and maintenance requirements of the equipment
• loading and unloading the equipment if doing so is a job requirement
• the hazards specific to the operation of the equipment at the work site.
If a worker may be exposed to a harmful substance at a work site, an employer must
• establish procedures that minimize the worker's exposure to the harmful substance, and
• ensure that a worker who may be exposed to the harmful substance
■ is trained in the procedures,
■ applies the training, and
■ is informed of the health hazards associated with exposure to the harmful substance.
Reference: OHS Regulation, section 15
Employers are required by the Alberta OHS legislation to ensure, as far as reasonably practicable/reasonably achievable, the health and safety of both the workers engaged in the work of that employer and those workers not engaged in the work of that employer, but present at the employer’s work site at which that work is being carried out.
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IT MAKES SENSE
What do “reasonably practicable and reasonably achievable” mean?
“Reasonably practicable” is a legally defined term that is assessed using the “reasonable person test” What would a dozen of your peers consider reasonable in a similar set of circumstances? Your peers would likely review what you did and compare it against what they do in their own operations. Some of them might do more, others less. The result would be a balanced and wise judgment that could be defended to others.
Reasonably Practicable is an OHS legal term that has been tested in the Canadian Courts and has supported a high standard for effective workplace protection. Understanding of the term reasonably achievable comes from the Canadian Nuclear Safety Commission Regulatory Guide (2004), for “Keeping Radiation Exposures and Doses As Low as Reasonably Achievable (ALARA)”. Though the term reasonably achievable has not been given definite meaning by the Canadian Court system, it is generally accepted in industry and by regulators to encompass the same considerations as the concept of “reasonably practicable”.
Refer to http://employment.alberta.ca/documents/WHS/WHS-PUB_li015.pdf
Worker Responsibilities
Safety is not just the employer’s job. Workers have many responsibilities as well.
These may include but are not limited to:
LESlSl AT£D REQ-J^E ?-AB Workers must
• take reasonable care to protect the health and safety of themselves and other workers
• cooperate with the employer for the purposes of protecting health and safety
• immediately report to their employer any equipment that is in a condition that will compromise the health or safety of workers using or transporting it, will not perform the function for which it is intended or was designed, is not strong enough for its purpose, or has an obvious defect
■ follow health and safety work procedures developed by their employer
■ participate in and apply training provided by the employer regarding safe operations of equipment or harmful substances they may be exposed to
■ wear personal protective equipment required by their employer
• refuse to do work that may put them or another worker in "imminent danger".
Reference: OHS Act, sections 2(2), 35. OHS Regulation, sections 14, 15
Imminent Danger
Both the employers and workers have specific roles in regard to the workers’ responsibility to refuse work where an imminent danger exists.
LEGISLATED REGI
Imminent danger means "a danger that is not normal for that occupation, or a danger under which a person engaged in that occupation would not normally carry out the person's work".
Reference: OHS Act, section 35 (2)
16 Recommended Practices in Health and Safety - A Guide for Building Owners & Managers
Worker Responsibilities
No worker shall
• carry out any work, if on reasonable and probable grounds, the worker believes that there exists an imminent danger to the health or safety of that worker
■ carry out any work if, on reasonable and probable grounds, the worker believes that it will cause to exist an imminent danger to the health or safety of that worker or another worker present at the work site
• operate any tool, appliance or equipment if, on reasonable and probable grounds, the worker believes that it will cause to exist an imminent danger to the health or safety of that worker or another worker present at the work site
A worker who refuses to carry out work or operate a tool, appliance or equipment shall, as soon as practicable, notify the employer at the work site of the worker's refusal and the reason for refusal.
Reference: OHS Act, section 35
Employer Responsibilities
On being notified of refusal to work under imminent danger, the employer shall
• investigate and take action to eliminate the imminent danger
• ensure that no worker is assigned to use or operate the tool, appliance or equipment or perform the work for which a worker has made notification of refusal to work unless
■ the worker to be assigned is not exposed to imminent danger or
■ the imminent danger has been eliminated
• prepare a written record of the worker's notification, the investigation and action taken
• give the worker who gave the notification a copy of the record.
Workers cannot be disciplined for refusing this work.
Reference: OHS Act, sections 35 (4), 36
During a workplace inspection, it is determined that some piping needs to be replaced.
The maintenance supervisor assigns a junior technician to remove all the insulation on the pipe so contractors can come in and replace the piping on the weekend. The junior technician, having recently seen a television program on the dangers of asbestos, wonders if the insulation could contain some asbestos. He knows removing asbestos requires a lot of technical knowledge, which he doesn't have and asbestos insulation removal is not a part of his normal duties.
Because the danger of asbestos is not normal for this occupation, the maintenance worker informs the employer of his refusal to do the work and why. The employer hadn't considered the possibility of there being asbestos so he investigates and take action to eliminate the imminent danger.
LEGISLATED REQUIREMENTS
LEGISLATED REQUIREMENTS
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One morning, a building manager is startled by an alarm coming from the refrigerant room. He goes down and checks through the window in the door and it appears that there has been some sort of mechanical failure. He contacts the building owner who tells him to go in and fix it before the problem gets worse.
Although the building manager is competent at inspection of the cooling unit, fixing the leak could present imminent danger to the worker as it could pose a danger not normal for the occupation.
The maintenance worker refuses to carry out the work and informs the employer of the refusal and the reason for the refusal. Upon consideration of this information, the building owner realizes the potential danger of what he has asked and hires a hazardous materials response team to come and assess the situation and make any required repairs.
Legal Consequences of Non- Compliance
Provincial Legislation
Under Alberta’s OHS Act the following penalties can be applied:
A person who fails to comply with the Act, an order made under the Act, Regulation or Code, or an acceptance, is guilty of an offence and liable
• The first time
• to a fine of not more than $500 000, and further fine of not more than $30 000 for each day during which the offence continues or
• to imprisonment for a term not exceeding 6 months, or to both fines and imprisonment
• The second time
■ to a fine of not more than $1 000 000, and further fine of not more than $60 000 for each day during which the offence continues after the first day or
• to imprisonment for a term not exceeding 12 months, or to both fines and imprisonment. A person who fails to comply with an order is guilty of an offence and liable to a fine of not more than $1 000 000 or imprisonment for a term not exceeding 12 months or to both fine and imprisonment.
A person who knowingly makes any false statement or knowingly gives false information to an officer or a peace officer engaged in an inspection or investigation is guilty of an offence and liable to a fine of not more than $1000 or to imprisonment for a term not exceeding 6 months or to both fine and imprisonment.
A prosecution under this Act may be started within 2 years after the action of non-compliance.
Reference: OHS Act, section 41
The court also has powers to apply alternate penalties where appropriate.
18
Recommended Practices in Health and Safety - A Guide for Building Owners & Managers
Federal Legislation
The Criminal Code of Canada was amended in 2004 by Bill C-45 to allow criminal charges to be laid in specific circumstances where a workplace injury or fatality has occurred and focuses to:
• Establish criminal liability to organizations for the acts of their representatives
• Establish a legal duty for all persons “directing the work of others” to take reasonable steps to ensure their safety
• Set factors considered in sentencing and provide optional conditions of probation.
The Criminal Code holds organizations responsible for acts or omissions which result in workplace fatalities. Organizations are defined in the Criminal Code as:
(a) a public body, body corporate, society, company, firm, partnership, trade union or municipality, or
(b) an association of persons that
(i) is created for a common purpose,
(ii) has an operational structure, and
(iii) holds itself out to the public as an association of persons.
Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task. Reference: Criminal Code of Canada, section 217(1)
LEGISLATED REQUIREMENTS
Charges can be laid against senior officers or other representatives of the organization. It is not necessary for a single person to have carried out the offense for it to be considered one; the actions of several representatives, acting independently of one another, can be combined and treated as an offence by the organization.
Three employees each disable one of three linked safety switches without informing anyone of their activities. These three employees each think there is no danger because they think the other two switches are on. The individual employees would not likely be held criminally responsible for any injuries because they lack the guilty mindset.
The organization, however, could be held criminally responsible because it was three of their representatives who disabled the switches. If it was found that the organization had not properly trained these employees, or that they maintained a workplace culture which encouraged unsafe behaviour, a conviction could result.
Sections of the Occupational Health and .
Safety Code
Specific requirements for health and safety are included throughout the OHS Act, Regulations and Code. Parts of the OHS Code that can apply to all industries include, but are not limited to:
For more detail and explanation of each part of the legislation, refer to the OHS Code and the OHS Code Explanation Guide available at: http://employment.alberta.ca/ SFW/307.html
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1 Definitions and General Application
2 Hazard Assessment, Elimination and Control (see Section 6 of this document)
3 Specifications and Certifications
4 Chemical Hazards, Biological Hazards and Harmful Substances (see Section 8 of this document)
5 Confined Spaces
6 Cranes, Hoists and Lifting Devices
7 Emergency Preparedness and Response (see Section 10 of this document)
8 Entrances, Walkways, Stairways
9 Fall Protection
10 Fire and Explosion Hazards
11 First Aid (see Section 11 of this document)
12 General Safety Precautions
13 Joint Work Site Health and Safety Committee
14 Lifting and Handling Loads
15 Managing the Control of Hazardous Energy
16 Noise Exposure
17 Overhead Power Lines
18 Personal Protective Equipment
19 Powered Mobile Equipment
20 Radiation Exposure
21 Rigging
22 Safeguards
23 Scaffolds and Temporary Work Platforms
24 Toilets and Washing Facilities
25 Tools, Equipment and Machinery .
26 Ventilation Systems
27 Violence (see Section 12 of this document)
28 Working Alone (see Section 13 of this document)
29 Workplace Hazardous Materials Information System (WHMIS)
(see Section 8 of this document)
30 Demolition
20 Recommended Practices in Health and Safety - A Guide for Building Owners & Managers
Parts of the OHS Code that apply to specific industries include, but are not limited to:
|
Part |
Topic |
|
31 |
Diving Operations |
|
32 |
Excavating and Tunnelling |
|
33 |
Explosives |
|
34 |
Forestry |
|
35 |
Health Care and Industries with Biological Hazards |
|
36 |
Mining |
|
37 |
Oil and Gas Wells |
|
39 |
Tree Care Operations |
|
40 |
Utility Workers - Electrical |
|
41 |
Work Requiring Rope Access |
What is the role of an Occupational Health and Safety (OHS) Officer?
The role of an OHS Officer is to ensure that employers are meeting the minimum legislated standards required in the OHS Act, Regulation and Code. Officers typically do this through a combination of education and inspection at worksites.
OHS Officers may visit work sites for a variety of reasons, including but not limited to:
• To address complaints received about possible health and safety concerns
• To investigate a serious incident or worker fatality
• To respond to a reportable incident under Section 18 of the OHS Act
• To meet with an employer as part of the Occupational Health and Safety Employer Injury and Illness Prevention Program
» To conduct a presentation to provide information on the legislation
• To conduct an inspection as a part of a strategic inspection initiative
• To conduct an unannounced inspection of a worksite.
An officer may
• at any reasonable hour enter into any work site and inspect that work site
• require the production of any documents that relate to the health and safety of workers; examine them, make copies of them or remove them temporarily for the purpose of making copies
• inspect, seize or take samples of any material, product, tool, appliance or equipment being produced, used or on the work site that is being inspected
• make tests and take photographs or recordings in respect of any work site
• interview and obtain statements from persons at the work site.
Reference: OHS Act, section 8
BP006 08/2009
Recommended Practices in Health and Safety - A Guide for Building Owners & Managers 21
The Officer may write orders to the employer to correct any deficiencies related to the legislation and follow-up at a later date to ensure compliance. If an OHS Officer sees something at a work site that could immediately be dangerous to workers, they can write a stop work order or stop use order for a particular piece of equipment.
When an officer believes that the work is unsafe or unhealthy at a work site, the officer may write an order for the person responsible for the work
• to stop the work that is specified in the order, and
• to take measures to ensure that the work will be carried out in a healthy and safe manner. Reference: OHS Act, section 9
OHS Officers do have authority to enforce the OHS Act, Regulation and Code,
they cannot:
• Assist employers in writing or comment on the quality of health and safety policies and procedures. This is the employer’s responsibility.
• Grant acceptances to legislated requirements. This must be done by making written application to the Workplace Policy and Legislation Branch.
• Assist employers in conducting investigations.
• Have any involvement or influence with the Workers’ Compensation Board.
If you would like another person to speak to about the requirements of an OHS Officer that has contacted you, please call the Occupational Health and Safety Contact Centre (1-866-415-8690). After hours, please call the same number. The Officer on call can connect you with a Compliance Program Manager.
Resources for OHS Laws
• eLearning tool on the legislation at:
http://employment.alberta.ca/whs/learning/Legislation/Legislation.htm
• OHS Act: http:/'www.qp.alberta.ca/574.cfm?page=002.cfm&leg_ type=Acts&isbncln=0779749200
• OHS Regulation: http:/A/vww.qp.alberta.ca/574.cfm?page=2003_062.cfm&leg_ type=Regs&isbncln=077971752X
• OHS Code:
http://www.employment.alberta.ca/documents/WHS/WHS-LEG_ohsc_2009.pdf
° OHS Code Explanation Guide:
http://www.employment.alberta.ca/SFW/3969.html
• Employer's Guide: Occupational Health and Safety Act:
http://employment.alberta.ca/documents/WHS/WHS-PUB_li009.pdf
• Worker's Guide: Occupational Health and Safety Act:
http://employment.alberta.ca/documents/WHS/WHS-PUB_M008.pdf
• Due Diligence:
http://employment.alberta.ca/documents/WHS/WHS-PUB_M015.pdf
• Reporting Injuries and Incidents:
http://employment.alberta.ca/documents/WHS/WHS-PUB_M016.pdf
• Bill C-45: The Westray Bill: http://'www.ccohs.ca/oshanswers/legisl/billc45.html
• A Plain Language Guide to Bill C-45: Amendments to the Criminal Code Affecting the Criminal Liability of Organizations:
http://www.justice.gc.ca/eng/dept-min/pub/c45/index.html#toc
22 Recommended Practices in Health and Safety - A Guide for Building Owners & Managers
MULTIPLE EMPLOYE
environment!
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It can become quite confusing as to who is in charge where there are several employers working close to each other at the same time such as in a shopping mall or office tower. If in doubt, ensure you consult all your legal contracts such as leases and your legal representation,