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PURPOSE OF THIS GUIDE

Sources of Information
Workplace Health, Safety and
Compensation Commission
Prevention Services
Phone: (709) 778-1552
Toll free 1 800 563-9000;
or
Department of Government Services
Occupational Health and Safety Branch
Phone: (709) 729-2706
Or toll free 1-800-563-5471
or
Human Resources and Social
Development
Labour Program, Newfoundland and
Labrador Office
Phone: (709) 772-5022
(call collect outside St. John's)

INTRODUCTION TO
AN OCCUPATIONAL
HEALTH AND SAFETY
PROGRAM

www.safeworknl.com
May 2006

OCCUPATIONAL HEALTH AND SAFETY PROGRAM

The
Workplace
Health, Safety and
Compensation
Commission is developing
resource materials to help
workplace partiesemployers,
workersincluding supervisors and
managers, and occupational health
and safety committeescarry out their
responsibilities for health and safety in
the workplace. This booklet, Introduction
to an Occupational Health and Safety
Program, is designed to provide workplace parties with an understanding of an
occupational health and safety program
and the commitment required to make it
effective. It gives a brief overview of
the legislative requirements for
provincially and federally regulated
workplaces, roles and responsibilities of the workplace parties,
and a description of an
occupational health and
safety program.

June, 2006

DISCLAIMER
The Workplace Health, Safety and Compensation Commission(the Commission) provides information and
health and safety advisory services for most aspects of occupational health and safety programming.
The information presented is subject to a disclaimer. It is intended to provide examples of general use and may
not apply to every circumstance. While all reasonable efforts have been made to ensure the accuracy of the
information presented, the Commission does not and cannot guarantee the accuracy thereof. The Commission
does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of
the information presented nor for any actions taken in reliance thereon. The Commission shall not be liable for
any damage or loss arising out of the use of the information or the application of the concepts contained therein.
All those using the information do so at their own risk and shall be deemed to indemnify the Commission from
any loss or damage arising from the use of the information.
The information presented is subject to jurisdictional variation and is always subject to change. Individuals or
organizations responsible for working with the information presented are responsible for ensuring that all
applicable standards and regulations are fulfilled. The information presented cannot and should not be
considered a definitive guide to government regulations nor does it relieve individuals or organizations using the
information from their responsibilities under any or all applicable legislation.
Provincial legislation contact information
For official copies of the Occupational Health and Safety Act and the Occupational Health and Safety
Regulations please contact:
Office of the Queen's Printer
Ground Floor
Confederation Building, East Block
St. John's, Newfoundland and Labrador
Telephone: (709) 729-3649
Unofficial copies are available on-line at: http://www.gs.gov.nl.ca/ohs/legislation.stm
Federal legislation contact information
For an official copy of the Canada Labour Code please contact:
Canadian Government Publishing, Communication Canada
Ottawa, Ontario K1A 0S9
Telephone: (613) 941-5995 or 1-800-635-7943
FAX: (613) 654-5779 or 1-800-565-7757
Internet: http://publications.gc.ca
Unofficial copies are available on-line at:
http://laws.justice.gc.ca/en/l-2/17632.html

Introduction .............................................1
More Information .....................................2
OH&S Program ........................................3
Requirements for an OH&S Program........3
Provincially Regulated Employers..........3
Federally Regulated Employers .............4

Inside this Guide

Penalties for Not Complying with


Legislation ............................................6

Role of Workplace Parties ........................6


The Internal Responsibility System ........6
Employers are to ..................................7
Managers and Supervisors are to .........8

Accident/Incident Investigations..............15

All Workers including Managers and


Supervisors are to ................................8

Emergency Preparedness/Response ........16

OH&S Committees are to.....................9

Disability Management ............................17

Conclusion ...............................................18
Parts of an OH&S Program .......................10
Leadership and Administration ...............10

Appendix A - Glossary.................................21

Communication .......................................11
OH&S Committees ..................................11
Education and Training ............................12
Safe Work Practices and Procedures .......13
Hazard Recognition, Evaluation and
Control ....................................................14
Workplace Inspections ............................14

Appendix B - References to Legislation .......25

Introduction to an Occupational Health & Safety Program

Introduction
Prevention of workplace accidents and injuries is
the aim of an effective occupational health and
safety (OH&S) program. Having a safe work
environment where prevention is the key to an
organization's success is important to all workplace
parties employers, workers including
supervisors and managers, and OH&S committees.
When all workplace parties work co-operatively to
incorporate safe work practices and procedures
into their daily work activities, the savings in
human and financial costs are immeasurable.
When workplace accidents and injuries occur, the
costs are high for workers and employers. For
example, workers may sustain an injury or illness leading to pain and
suffering, a disruption in their daily lives, a loss in their regular wages, and a
negative impact on their families. Employers also experience loss; for example,
a decrease in worker morale and the loss of experienced workers; an increase in
costs arising from repair and/or replacement of equipment, materials, and
product; and administrative costs such as time to hire or re-train replacement
workers. Development, implementation and evaluation of an OH&S program
will be instrumental in preventing workplace accidents and injuries and the
associated costs for both employers and workers.
This booklet is designed to provide all workplace parties with a basic overview
of an OH&S program. It gives an outline of the legislative requirements for
provincially and federally regulated workplaces, the roles and responsibilities
of workplace parties, and a description of an OH&S program.
For commonly used OH&S terms, please refer to Appendix A Glossary.

Introduction to an Occupational Health & Safety Program

More Information
For more information on building a health and safety program, there are
several booklets and information resources available in this series.

Fact Sheets:
+ Introduction to an OH&S Program
+ Leadership and Administration
+ OH&S Committees
+ Education & Training
+ Safe Work Practices and Procedures
+ Hazard Recognition, Evaluation and Control
+ Workplace Inspections
+ Accident and Incident Investigation
+ Disability Management
+ Ergonomics and the OH&S Program
+ Worker Health and Safety Representative/Workplace Health and Safety
Designate
Look for these fact sheets in the near future:
+ Communication
+ Emergency Preparedness
Booklets:
+ Guide to Writing an Occupational Health &Safety Policy
+ Occupational Health & Safety Committees
+ Introduction to an Occupational Health and Safety Program
+ Workplace Inspections
+ Accident/Incident Investigations
Look for these booklets in the near future:
+ Communication
+ Emergency Preparedness

Introduction to an Occupational Health & Safety Program

Occupational Health and Safety


Program
An OH&S program is a process for managing health and safety issues in the
workplace. It leads to the prevention of injury, illness and property damage
and a decrease in the associated human and financial costs. An OH&S
program must be communicated on a continuous basis and tailored to the
specific needs of the workplace. When the OH&S program is effective, it is
the most important means of creating a positive health and safety culture.

Requirements for an OH&S Program


The requirement for an OH&S program may differ depending on whether a
workplace is provincially or federally regulated. Contact information for
obtaining provincial and federal OH&S legislation can be found at the
beginning of this booklet and in Appendix B References to
Legislation.

The legislative references in Appendix B refer to the content in


this booklet and may not be complete. Workplace parties must
refer to the appropriate legislation to find complete
information regarding legislative requirements for developing
an OH&S program.
Provincially Regulated Employers
The majority of employers in Newfoundland and Labrador must follow
provincial legislation:
Occupational Health and Safety Act and
Occupational Health and Safety Regulations.
Under provincial legislation, in workplaces where 10 or more workers
are employed, the employer is required to establish and maintain an
OH&S program in consultation with the OH&S committee. In
workplaces where less than 10 workers are employed, the employer is
required to ensure a worker health and safety (WH&S) representative is
in place to monitor the health, safety and welfare of workers. And in
workplaces with less than six workers employed and where it is

Introduction to an Occupational Health & Safety Program

impractical to assign a WH&S representative, the employer may


designate a workplace health and safety designate to monitor the
health, safety and welfare of workers.
Federally Regulated Employers
Employers that are federally regulated must follow the Canada Labour
Code-Part II (Code). Under this legislation, employers are responsible for
developing, implementing and monitoring a prescribed program for the
prevention of hazards in the workplace in consultation with the health
and safety committee, policy committee or the health and safety
representative.
The Code applies to the following inter-provincial and international
industries:
railways;
highway transport;
telephone and telegraph systems;
pipelines;
canals;
ferries, tunnels and bridges;
shipping and shipping services;
radio and television broadcasting and cable systems;
airports;
banks;
grain elevators licensed by the Canadian Grain Commission, and
certain feed mills and feed warehouses, flour mills, and grain seed
cleaning plants;
the federal public service and persons employed by the public
service and about 40 Crown corporations and agencies;
employment in the operation of ships, trains and aircraft; and
the exploration and development of petroleum on lands subject to
federal jurisdiction.

Note: Part II of the Canada Labour Code does not apply to certain
undertakings by the Nuclear Safety and Control Act.

Introduction to an Occupational Health & Safety Program

Both provincial and federal legislation are minimum guides for


developing OH&S policies and
procedures in workplaces.
Therefore, best practices and
industry standards should also
be incorporated into all areas of
the workplace to increase the
effectiveness of the OH&S
program. Best practices are
standards that exceed basic
OH&S legislative requirements
and are aimed at doing work in
the safest possible way.
For the purpose of this booklet, the duties and responsibilities of OH&S
committees will also include those of worker health and safety
representatives and workplace health and safety designates in
provincially regulated workplaces and health and safety representatives
in federally regulated workplaces.
The following table suggests legislation that refers to the duties of
employers, workers and OH&S committees, and requirements for an
OH&S program.
Appendix B References to Legislation contains details of the
following legislation.

OH&S Act

OH&S Regulations

Sections
2 (f), (j), (m), and (n)
4
5
6
7
36.1
37
39
41 (1)
42.1 (1), (2), (3)
44
54

Sections
2 (f), (j)
4
5
6
21

Canada Labour Code Part II


Sections
124
125 (1) (z), (z.03), (z.04),
(z.09), (z.13), (z.19)
126
134.1 (1)
135 (1)
136 (1), (2)

Introduction to an Occupational Health & Safety Program

Employers must also comply with industry-specific or hazard-specific


legislation. Some of these fall under: Asbestos Abatement Regulations;
Asbestos Exposure Code Regulations; OH&S First Aid Regulations;
Workplace Hazardous Materials Information System (WHMIS)
Regulations; Radiation Health and Safety Act and Regulations; Mines
Safety of Workers Regulations, and Workplace Health, Safety and
Compensation Act and Regulations.
Penalties for Non-Compliance
Under provincial and federal OH&S legislation:
People and corporations who do not comply with the provisions for
health and safety can be held legally responsible. If a person or
corporation is found guilty of a health and safety offence, penalties
may include fines, creative sentencing and/or imprisonment.
Under the Criminal Code of Canada:
On October 31, 2003, the Government of Canada passed Bill C-45
(now section 217.1 of the Criminal Code of Canada Duties of
persons directing work) which helps to ensure Canadian
organizations are held criminally responsible when they commit
criminal offences in relation to health and safety in the workplace.

Role of Workplace Parties


Internal Responsibility System
Developing and maintaining an effective OH&S program is a shared
responsibility of all workplace parties based on their level
of authority in the workplace. It means
We all have responsibility
everyone works co-operatively, shows
for OH&S.
ownership for the program and is
committed to preventing injury, illness and
property damage in the workplace. This
shared responsibility is known as the
Internal Responsibility System.
The OH&S legislation in Canada is based
on the philosophy of the internal

Introduction to an Occupational Health & Safety Program

responsibility system (IRS). The IRS is more than a group of people


working together to improve workplace health and safety; it is more than
workers' three basic rights; and it is more than a partnership between
labour, industry and government to ensure workplace health and safety. It
is every individual taking personal responsibility and accountability for
workplace health and safety: the employer must take reasonable measures
to ensure the health, safety and welfare of workers; and workers must
take reasonable care to protect their own health and safety and that of
workers and others at or near the workplace.
Employers, workers and OH&S committees all have duties under OH&S
legislation. To meet their legislative requirements for establishing and
maintaining an OH&S program, employers need to identify the OH&S
roles and responsibilities for the workplace parties in their specific
workplaces. Following are examples of roles and responsibilities based on
legislative requirements and best practice.
Employers are to
demonstrate leadership by allocating sufficient
resources to establish an effective OH&S program
in consultation with the OH&S committee;
ensure the OH&S program is implemented,
monitored, evaluated and revised as appropriate;
review the OH&S program to ensure it fits with the IRS;
ensure all workers are provided with the education and training
needed to understand their responsibility to take reasonable care to
protect their own health and safety and the health and safety of others
at or near the workplace;
provide and maintain a workplace with safe equipment, systems and
tools;
provide orientation, information, training, supervision and facilities to
ensure the health, safety and welfare of workers;
make sure all workers are familiar with hazards they may be exposed
to in their work;
ensure the safety of those visiting the workplace;
provide instruction in the operation of protective devices and
equipment;
consult and co-operate with the OH&S committee on all OH&S
matters;

Introduction to an Occupational Health & Safety Program

respond to recommendations of the OH&S committee;


provide the OH&S committee with periodic updates on the
implementation of recommendations;
carry out formal workplace inspections;
consult with the OH&S committee about scheduling workplace
inspections;
ensure the OH&S committee participates in workplace inspections;
provide, when requested, the written OH&S program to the OH&S
committee, a worker or an officer; and
report accidents that result in or have the potential to result in
serious injuries or death to the assistant deputy minister and the
OH&S committee.
Managers and Supervisors are to
lead by example;
ensure workers take reasonable care to protect their own health and
safety and the health and safety of others at or near the workplace;
ensure the IRS is functioning;
include OH&S responsibilities in worker hiring and orientation;
encourage workers to report OH&S unsafe conditions to their
immediate supervisor as soon as possible;
respond appropriately to reports of OH&S concerns and unsafe
conditions;
arrange safety talks;
demonstrate leadership by using safe work practices and
procedures;
observe work to ensure safe work practices and procedures are
followed;
bring unresolved OH&S concerns to management; and
include OH&S responsibilities in worker hiring and orientation.
All Workers including Managers and Supervisors are to
take reasonable care to protect their own health and safety and the
health and safety of others at or near the workplace;
report unsafe conditions to their supervisor as soon as possible; and
if it is not resolved, report it to the OH&S committee;

Introduction to an Occupational Health & Safety Program

co-operate with others in the workplace to resolve OH&S concerns;


use safety devises and equipment and follow safe work practices and
procedures;
consult and co-operate with the OH&S committee;
use protective clothing, equipment and devices in accordance with
instructions for use and training provided; and
participate in health and safety training.
OH&S Committees are to
co-operate with the employer in establishing of an OH&S program ;
establish and promote health and safety educational programs for
workers;

Report unsafe
work conditions to
your supervisor as
soon as possible!

support the IRS by encouraging all workers to take reasonable care to


protect their own health and safety and the health and safety of others
at or near the workplace;
monitor the health, safety and welfare of workers employed at the
workplace;
monitor and evaluate all parts of the OH&S program to ensure they are
in place and effective;
participate in workplace inspections;
participate in training provided for OH&S committees;
establish and promote OH&S education and training for workers;
encourage workers to report unsafe conditions to their supervisor, and
if it is not resolved, report it to the OH&S committee;
review all workplace inspection reports, accident/incident investigation
reports, hazard assessments, etc. and make recommendations to
employers for corrective action;
identify workplace aspects that may be unhealthy or unsafe;
participate in the right to refuse unsafe work as required;
receive concerns from workers about their health and safety;
maintain records of worker health and safety complaints;
attend committee meetings;
hold meetings at least once every three months; and
record minutes, post in the workplace and file with the Workplace
Health, Safety and Compensation Commission (the Commission).

Introduction to an Occupational Health & Safety Program

Parts of an OH&S Program


There are several aspects and components common to all OH&S programs.
It is important to remember that each part of the program must be tailored
to meet the individual needs of a specific workplace. Consideration must
also be given to how all the individual parts of the program interact with
each other.
One aspect of OH&S that needs to be included in all parts of an OH&S
program is ergonomics. Often, employers and workers think of ergonomics
and OH&S as two distinct items requiring two separate committees and/or
programs. However, resources including time, funding and people do not
always allow the opportunity for both an OH&S committee and an
ergonomics or soft tissue injury prevention committee. Therefore,
ergonomics can be incorporated into each part of an OH&S program. If
ergonomics is not addressed in some form, soft tissue injuries will increase
leading to increased costs to both the employer and workers.
It is important to regularly review the OH&S program to ensure changes,
revisions and updates are made, especially when there are changes to
equipment, tools, work processes, or when hazards are identified. When an
OH&S program is in place, and when safe work practices and procedures
become a part of how work is done, then a positive health and safety
culture can begin to develop and grow.

Leadership and Administration


Establishing and maintaining an effective OH&S program in the workplace
depends on strong leadership. The leadership comes from two main groups
the employer and the OH&S committee. The employer must provide the
financial and human resources needed to establish and monitor the
program; they must ensure workplace parties are involved and take their
health and safety responsibilities seriously; and they must ensure
ergonomics is incorporated into all parts of the OH&S program. The
employer must also consult with the OH&S committee in the establishment
of the OH&S program.
OH&S committees also have an important leadership role. By being
involved and participating in establishing and evaluating the OH&S
program, they demonstrate leadership.

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Introduction to an Occupational Health & Safety Program

Excellent ways of getting the OH&S program started and of ensuring all
workplace parties feel ownership are to:
+ develop an OH&S policy;
+ involve workers at all levels in developing the OH&S policy;
+ ensure the OH&S policy outlines the need for co-operation and
commitment to OH&S including ergonomics;
+ include the responsibilities of all workplace parties;
+ communicate the policy to all workplace parties; and
+ post the policy.
It takes a strong team and tremendous effort to incorporate the OH&S
program into all daily activities in the workplace. It is only with this kind of
effort and co-operation that the OH&S program can be effective and lead to
an environment where a positive health and safety culture can grow.

Communication
Effective communication is essential to
the success of an OH&S program. To
ensure effective communication, health
and safety information must flow
between all workplace parties.
Employers, all workers and OH&S
committee members all have a right to
express their ideas or concerns regarding
OH&S. This can be accomplished
through the development and
implementation of communication
procedures for each part of the OH&S program.

OH&S Goals
l
l
l

decrease injuries
develop safe work
procedures
perform hazard
assessments on all
job tasks

It is important to be aware of the barriers to effective communication and


how to overcome them. OH&S communication is successful when all
workplace parties integrate OH&S into every part of their work activities.

OH&S Committees
An OH&S committee is an advisory group made up of representatives of the
employer and the workers in a workplace. The committee is an important
communication link between workers and management. As part of the
internal responsibility system, the OH&S committee works closely with the
employer to promote a positive health and safety culture. It is important for

11

Introduction to an Occupational Health & Safety Program

the OH&S committee to be educated and trained in the area of ergonomics


so that they can monitor how it is incorporated into activities such as
accident/incident investigations, workplace inspections, etc.
In provincially-regulated workplaces, where 10 or more workers are
employed, the employer is required to establish an OH&S committee. In
federally regulated workplaces,
for each workplace controlled by the employer at which twenty or more
employees are normally employed, the employer is required to
establish a workplace health and safety committee; and
for each workplace that normally employs directly three hundred or
more employees, the employer shall establish a policy health and safety
committee.

Education and Training


All workers must be familiar with safe work practices and procedures so
they can do their jobs as safely as possible. A program where new workers
receive a safe-work orientation, where all other workers receive ongoing
education and training, and where workplace parties know and take their
OH&S responsibilities seriously are all essential to building a positive
health and safety culture.
Education and training should take place on a regular basis and at every
level of the workplace. Education and training is needed when:
+
+
+
+

new workers start their jobs;


workers return to work after extended absences;
workers are assigned new job tasks;
changes are made to processes and procedures or to substances,
equipment or tools used;
+ hazards are recognized through workplace inspections,
accident/incident investigations, hazard assessments, etc.; and
+ trends indicate it.
Education and training in ergonomics is also important for all workplace
parties and should include implementation of suitable and practical
controls for ergonomic risks.

12

Introduction to an Occupational Health & Safety Program

A process for education and training should be in place to ensure those


contracted to do work know the safe work practices and procedures to be
followed in the workplace.

Safe Work Practices and Procedures


Safe work practices and procedures are aimed at
ensuring work is carried out in the safest and
healthiest way possible. Incorporating ergonomics
into safe work practices and procedures, in particular
for jobs that involve risk factors such as excessive
force, duration, repetition and awkward positions,
will help to reduce and prevent soft tissue injuries.

OH&S

Because they know their job tasks better than anyone


else, those carrying out the work should be involved
in developing safe work practices and procedures.
They should also be involved in reviewing and
revising them on a regular basis or when there are
changes to work processes, equipment and tools.
Being involved in this way gives everyone a sense of
ownership for both their own work and the OH&S
program.
An effective OH&S program ensures all workplace
parties are educated in their responsibilities for
following safe work practices and procedures and are
trained in how to protect their own health and safety
and the health and safety of others at or near the workplace. Ensuring all
workplace parties take this responsibility seriously demonstrates that the
employer is serious about the prevention of workplace injury and illness.
Making safe work practices and procedures a part of all job tasks leads to an
environment where a positive health and safety culture can grow.

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Introduction to an Occupational Health & Safety Program

Hazard Recognition, Evaluation


and Control
Hazards exist in all workplaces. Employers are
required to include a system for the
recognition, evaluation, and control of hazards
in their OH&S program. The ability to
adequately recognize, evaluate and control
hazards can have a major impact on
preventing injuries, illness and property
damage in the workplace. Ergonomic
considerations should be a part of each step in
a hazard assessment. A hazard assessment is
made up of three steps:
+ hazard recognition ways of
recognizing hazards include: conducting
workplace inspections and
accident/incident investigations, reviewing material safety data sheets
(MSDSs), completing task analyses, and observing work processes;
+ hazard evaluation this means finding out how severe the hazard is
and the likelihood of injury, illness or property damage occurring; and
+ hazard control or corrective action implementing a means of totally
eliminating the hazard or reducing the chances of it causing illness,
injury or property damage.
When a control is implemented, a process to monitor and evaluate its
effectiveness should also be put in place.

Workplace Inspections
Workplace inspections are regular examinations of the workplace
conducted to ensure a healthy and safe work environment. They provide
opportunities to find and correct existing and potential hazards thus
preventing injury, illness and property damage.
Employers are required to develop procedures and schedules for regular
workplace inspections.
Employers must consult with their OH&S committees about scheduling
workplace inspections and ensure their committees actively participate in
conducting the inspections.

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Introduction to an Occupational Health & Safety Program

The OH&S committee should also review all formal workplace inspection
reports to:
Workplace Inspections Checklist
+ ensure workplace inspections are carried

out as required;
+ identify hazard trends;
+ identify specific areas of the workplace that

require close monitoring;


+ develop recommendations for

controls/corrective actions and forward


them to the employer; and

Checklist Items

Location

Conditions/Notes

Ventilation System
System meets standards
System free from dust, fumes, etc
System controls smoke, dust and
fumes
Complaints of headaches, skin or eye
irritation
Exhaust systems are prevented form
returning to the workplace

Lighting
Adequate illumination during the day
Adequate illumination during the night
Glare from light source
Effect from moving equipment(e.g.
fans) or trees

Stairs
Free from objects
Safe angle
Free from clutter
Adequate lighting
Safe riser height and width
Railing available

Exits
Signage present
Width/wheelchair accessibility
Ice controls
Direction of openings
Mechanical hardware
Door kept closed

Ergonomics
Excessive force when lifting, pushing
or pulling heavy loads
Repetitive movements required
High paced production
Awkward postures used
Workers using proper lifting
techniques

+ monitor the implementation and

effectiveness of controls/corrective actions.

Accident/Incident Investigations
Workplace accidents and incidents are preventable; but if an accident or
incident occurs, an investigation should be conducted to find the root
cause(s) and recommend controls/corrective actions to prevent it from
happening again. Incidents or near misses are warning signs that something
is wrong in the workplace. If they are not addressed, an accident will likely
result; therefore, it is important to investigate incidents as well as accidents.
Ergonomic considerations should be a part of all accidents/incidents
investigations. Employers are required to have procedures in place for
investigating hazardous occurrences.
The OH&S committee should review all accident/incident investigation
reports to:
+ ensure accidents/incident investigations are being carried out;
+ identify trends in incidents and in injury, illness and property damage
including ergonomic trends;
+ identify specific areas of the workplace that require close monitoring;
+ review the recommendations for controls/corrective actions and forward
them to the employer;
+ make other recommendations as appropriate; and
+ monitor the implementation and effectiveness of controls/corrective
actions.

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Introduction to an Occupational Health & Safety Program

Emergency Preparedness/Response
An emergency can happen at any time and can result in mass confusion.
Having an effective emergency preparedness/response plan can minimize
loss and enhance a quick return to normal operations. Employers are
required to include an emergency response plan in their OH&S program.
Types of emergencies may include fires, bomb threats, hostage situations,
floods, and armed robberies. The emergency response plan should ensure
workers are trained in their responsibilities, detail available organizational
resources, include ergonomic considerations such as ensuring signs and
equipment are easily accessible, and list outside organizations which can
offer aid. An effective emergency response plan minimizes loss to people,
equipment, materials and the environment.
Periodically, emergency preparedness/response drills should be coordinated and carried out with local responders (fire fighters, police
officers, and emergency medical personnel) to
increase workers awareness and familiarity with
the emergency preparedness/response plan.
There is an effective response for every situation;
but being prepared means having trained people,
adequate equipment and organized systems. It is
essential to plan ahead, predict what could go
wrong and practice appropriate responses.
All workplace parties should be aware of the
emergency preparedness/response plan and
should know the role they play in it. Managers
and supervisors should regularly schedule a
review of the plan during staff meetings or at safety/toolbox meetings, etc.

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Introduction to an Occupational Health & Safety Program

Disability Management
Disability management has two components:
1. It is a workplace prevention plan that aims to prevent disability from
occurring in the first place.
2. If a disability occurs, it aims to intervene to assist the disabled worker to
return to work as safely and as quickly as possible.
Since the early 1900s, the scope of services included in disability management
has expanded greatly. Initially, the focus was on return-to-work programs for
those who sustained an occupational injury or illness. The focus has now
shifted to include disability prevention and benefits for those with
occupational and non-occupational disabilities. Disability management
programs may include health promotion, employee assistance programs
(EAP), disease management, data management and case management
services. These are all aimed at improving physical, psychological and social
health of the workforce; encouraging job retention; and easing the human and
financial costs of disability for both employers and workers.
A disability management program benefits workers and employers because,
from a prevention viewpoint, it aims to find signs of disability early and
resolve them before disability occurs; and from a disability perspective, it
aims to provide a smooth transition back to the workplace after an illness or
injury.
When assisting disabled workers to return to work, ergonomic considerations
are an important part of the plan. They include such aspects as:
describing the physical demands of the job so that physicians and/or
health care providers can better determine a worker's return-to-work
capabilities;
having workers review the physical demands of the job to ensure they can
perform the job safely;
listing essential tasks of the workplace to assist workers in early and safe
return to work; and
allowing flexibility so that adjustments or accommodations to the work
environment, duties and/or hours of work may be made.

17

Introduction to an Occupational Health & Safety Program

Conclusion
The employer and the OH&S committee should continuously monitor the
OH&S program to ensure its effectiveness. Provincial employers are
required to review and, where necessary, revise the OH&S program at least
every three years where there is a change in circumstances that may affect
the health and safety of workers, or when an officer requests a review.
All parts of an OH&S program are inter-related. Therefore, when there is a
change in one part, all other parts are affected. The following is an example
of this.

Example: A hazard was recognized as the result of an


accident/incident investigation

Other parts of the program affected:


hazard is recognized through an accident/incident investigation;
hazard is evaluated, including ergonomic risks;
the OH&S committee reviews the accident/incident investigation
report and sends recommendations to the employer;
the employer provides resources to control the hazard thus
demonstrating leadership;
hazard control is put in place;
a safe work procedure is developed for the use of the control;
the hazard and how to control it are communicated to workers;
workers are trained in the need to use the control;
workers are trained on how to use the control;
appropriate training on how to control the hazard is added to
OH&S orientation training;
the control is added to the workplace inspection checklist to
monitor it for effectiveness;
the accident/incident investigation report is reviewed to determine
any affect on the emergency preparedness/response plan; and
if a worker(s) was injured, the disability management program
ensures the worker returns to work as safely and quickly as
possible.

18

Introduction to an Occupational Health & Safety Program

The OH&S program is also part of the overall organizational system and
should be incorporated into such areas as purchasing, budgeting, finance,
facilities management, maintenance, etc. This means that when changes are
made in business operations in the workplace, an analysis should be done to
determine the potential impact, including ergonomic impact, on the
components of the OH&S program.
This booklet provides an overview of the parts commonly found in most
OH&S programs. All workplace parties have a part to play in making sure
the program is successful. Employers and OH&S committees have an added
responsibility to show leadership by working co-operatively to ensure the
program is established, monitored, evaluated, revised where appropriate
and communicated to all workplace parties.
The OH&S program can be effective if all workplace parties work together to
make it happen!

19

Appendix A
Glossary.................................................23
Appendix B
References to Legislation .......................27

APPENDICES

Introduction to an Occupational Health & Safety Program

Appendix A Glossary

Appendix A - Glossary

21

Accident

an unplanned event that results in a personal injury


or illness, damage or loss of property, process or
environment.

Basic/root cause

see root/basic cause

Best practice

performance standards developed by employers,


workers and OH&S professionals which exceed
basic OH&S legislative requirements and which
strive toward doing work in the safest possible way.

Controls

measures that are implemented to eliminate or


minimize hazards in the workplace. These controls
are established as either engineering (first line of
defence), administrative, or personal protective
equipment (used as a last resort).

Direct
(immediate)
cause

those unsafe objects, conditions or behaviours


which occur immediately before an accident/
incident; for example, inadequate guards and
barriers, defective tools, and improper lifting. These
are not the root cause.

Due Diligence

occurs when actions normally considered reasonable


in a particular circumstance are taken. In cases
where a serious workplace injury occurs and legal
action is taken, a due diligence defence can be
mounted if the person charged did everything a
reasonable person would do in the same situation to
prevent the injury.

Employer

a person who employs one or more workers [OH&S


Act, section 2 (f)].

Ergonomics

a science that seeks to adapt work or working


conditions to suit the worker. The aim is the
evaluation and design of facilities, environments,
jobs, training methods and equipment to match the
capabilities and limitations of workers and reduce
the potential for fatigue, error or unsafe acts.

Formal
workplace
inspections

regularly scheduled examinations carried out as a


means of preventing injury, illness and property
damage and of ensuring a safe and healthy workplace.
They are formally documented with the use of a checklist
and a report that includes recommendations for
corrective actions.

Hazard

dangerous object, event, behaviour or condition which


has the potential to cause injury, illness or property
damage.

Incident (near
miss; potential
accident)

an undesired event that could have resulted in injury,


illness or damage to property, process or environment.

Informal
workplace
inspections

daily routines used as a means of preventing injury,


illness and property damage and of ensuring a safe and
healthy workplace; for example, a supervisors walkthrough or a workers routine equipment check. Informal
inspections are usually not scheduled or documented and
do not require a checklist.

Internal
responsibility
system

A philosophy guiding OH&S legislation in all


Canadian jurisdictions. It is a system where all
workplace parties employers, workers including
supervisors and managers, and OH&S committees
share in the responsibility for workplace health and
safety to the degree of each partys authority and ability
to do so.

Occupation

employment, business, calling or pursuit but does not


include an endeavour that is not included in one of the
classes of occupations in the current Canadian
Classification and Dictionary of Occupations, [OH&S
Regulations, section 2(f)].

OH&S committee

a committee required to be established by the employer


in workplaces with 10 or more workers. The OH&S
committee must consist of representatives of the
employer and the workers at the workplace. Sections 37,
38, 38.1, 39, 40 and 45 of the OH&S Act describe the
composition and duties of the committee, and the
training and meeting requirements. Further requirements
for OH&S committees can be found in section 21 of the
OH&S Regulations.

Appendix A Glossary

Introduction to an Occupational Health & Safety Program

22

Appendix A Glossary

Introduction to an Occupational Health & Safety Program

23

Procedures (in
relation to the
OH&S program)

step by step way for completing of the OH&S


program components.

Risk

chance of loss based on:


(a) the probability of an injury, illness, damage or
loss of property, process or environment; and
(b) the possible severity of the injury, illness,
damage or loss of property, process or
environment.

Root/basic cause

the real cause of an accident/incident and the reason


why it occurred; for example, inadequate design, lack
of knowledge or skill, physical and physiological
stress, etc. The root cause is usually not immediately
evident and requires investigation.

Serious accident

an accident resulting in death, permanent or temporary


disability, excessive property damage, or accidental
release of pollutants with significant effects. More
specifically, serious accidents are those accidents
meriting in-depth investigation and are defined in the
OH&S Act, section 54(3).

Serious injury

a fracture of the skull, spine, pelvis, femur, humerus,


fibula, tibia, radius or ulna; an amputation of a major
part of a hand or foot; the loss of sight of a eye; a
serious internal hemorrhage; a burn that requires
medical attention; an injury caused directly or
indirectly by explosives; an asphyxiation or poisoning
by gas resulting in a partial or total loss of physical
control; or any other injury likely to endanger life or
cause permanent injury. A serious injury does not
include injures to a worker of a nature that may be
treated through first aid or medical treatment and the
worker is able to return to his or her work either
immediately after the treatment or at his or her next
scheduled shift [OH&S Act, section 54(3)].

Supervisor

includes a superintendent, foreman or other worker


authorized or delegated to exercise direction and
control over workers of an employer [OH&S
Regulations, section 2 (j)].

Unsafe act

departure from an accepted, normal or correct procedure


or practice which has actually produced injury or
property damage or which has the potential for
producing such loss.

Unsafe condition

departure from a standardized, accepted or normal


physical state to create circumstances which increase the
likelihood of an accident.

Worker

a person engaged in an occupation [OH&S Act, section 2


(m)].

Workplace

a place where a worker or self-employed person is


engaged in an occupation and includes a vehicle or
mobile equipment used by a worker in an occupation
[OH&S Act, section 2 (n)].

Workplace Health,
Safety and
Compensation
Commission

an employer-funded no-fault insurance system that


promotes safe and healthy workplaces, provides returnto-work programs and offers compensation to injured
workers and their dependants.

Workplace parties

those who perform work or are responsible for the


performance of work in a workplace. They include
employers, workers including managers and supervisors,
and the OH&S committee.

Appendix A Glossary

Introduction to an Occupational Health & Safety Program

24

Introduction to an Occupational Health & Safety Program

Appendix B References to Legislation


Important Note:

The legislative references included in this section


are not official versions. For official versions of the
legislation, please see below.
The legislative references in Appendix B refer to the
content in this booklet and may not be complete.
Workplace parties must refer to the appropriate
legislation to find complete information regarding
legislative requirements for developing an OH&S
program.

Provincial legislation contact information:


For official copies of the Occupational Health and Safety Act and the
Occupational Health and Safety Regulations please contact:
Office of the Queen's Printer
Ground Floor
Confederation Building, East Block
St. John's, Newfoundland and Labrador
Telephone: (709) 729-3649
Unofficial copies are available on-line at:
http://www.gs.gov.nl.ca/ohs/legislation.stm
Federal legislation contact information:

APPENDIX B - References to Legislation

For an official copy of the Canada Labour Code please contact:


Canadian Government Publishing, Communication Canada
Ottawa, Ontario K1A 0S9
Telephone: (709) 772-5571
Bookstores: (613) 954-5779 or 1-800-667-2868
FAX: (613) 654-5779 or 1-800-565-7757
Internet: http://publications.gc.ca
Unofficial copies are available on-line at:
http://laws.justice.gc.ca/en/l-2/17632.html

25

Introduction to an Occupational Health & Safety Program

OH&S Act
2. Definitions
In this Act
(f) employer means a person who employs 1 or more workers;
(j) principal contractor means the person primarily responsible for the carrying
out of a project and includes the person who owns the thing in respect of
which the project is being carried out;
(m) worker means a person engaged in an occupation; and
(n) workplace means a place where a worker or self-employed person is
engaged in an occupation and includes a vehicle or mobile equipment used
by a worker in an occupation.

4. Employers general duty


An employer shall ensure, where it is reasonably practicable, the health, safety
and welfare of his or her workers.

5. Specific duties of employers


Without limiting the generality of section 4, an employer
(a) shall, where it is reasonably practicable, provide and maintain a workplace
and the necessary equipment, systems and tools that are safe and without
risk to the health of his or her workers;

APPENDIX B - References to Legislation

(b) shall, where it is reasonably practicable, provide the information, instruction,


training and supervision and facilities that are necessary to ensure the health,
safety and welfare of his or her workers;
(c) shall ensure that his or her workers, and particularly his or her supervisors,
are made familiar with health or safety hazards that may be met by them in
the workplace;
(d) shall, where it is reasonably practicable, conduct his or her undertaking so
that persons not in his or her employ are not exposed to health or safety
hazards as a result of the undertaking;
(e) shall ensure that his or her workers are given operating instruction in the use
of devices and equipment provided for their protection;
(f) shall consult and co-operate with the occupational health and safety
committee, the worker health and safety representative or the workplace
health and safety designate, where the employer is not the workplace health
and safety designate, on all matters respecting occupational health and safety
at the workplace;

26

Introduction to an Occupational Health & Safety Program

(f.1) shall respond in writing within 30 days to a recommendation of


(i) the occupational health and safety committee at the workplace,
(ii) the worker health and safety representative at the workplace, or
(iii) where the employer is not the workplace health and safety designate,
the workplace health and safety designate at the workplace
indicating that the recommendation has been accepted or that it has been
rejected, with a reason for the rejection;
(f.2) shall provide periodic written updates to
(i)

the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or


(iii) where the employer is not the workplace health and safety designate,
the workplace health and safety designate at the workplace
on the implementation of a recommendation accepted by the employer until
the implementation is complete;
(f.3) shall consult with
(i)

the occupational health and safety committee at the workplace,

(ii) the worker health and safety representative at the workplace, or


(iii) where the employer is not the workplace health and safety designate, the
workplace health and safety designate at the workplace
about the scheduling of workplace inspections that are required by the
regulations, and ensure that the committee, the worker health and safety
representative or the workplace health and safety designate participates in
the inspection; and

APPENDIX B - References to Legislation

(g) shall co-operate with a person exercising a duty imposed by this Act or
regulations.

6. Workers' general duty


A worker, while at work, shall take reasonable care to protect his or her own health
and safety and that of workers and other persons at or near the workplace.

7. Specific duties of workers


A worker
(a) shall co-operate with his or her employer and with other workers in the
workplace to protect
(i)

his or her own health and safety,

(ii) the health and safety of other workers engaged in the work of the
employer,

27

Introduction to an Occupational Health & Safety Program

(iii) the health and safety of other workers or persons not engaged in the
work of the employer but present at or near the workplace;
(a.1) shall use devices and equipment provided for his or her protection in
accordance with the instructions for use and training provided with
respect to the devices and equipment;
(b) shall consult and co-operate with the occupational health and safety
committee, the worker health and safety representative or the workplace
health and safety designate at the workplace; and
(c) shall co-operate with a person exercising a duty imposed by this Act or
regulations.

36.1 Health and safety program


(1) Where 10 or more workers are employed at a workplace, the employer shall
establish and maintain an occupational health and safety program in
accordance with the regulations.
(2) An occupational health and safety program shall be established in
consultation with the occupational health and safety committee at the
workplace.
(3) An occupational health and safety program shall include those documents
that may be prescribed in the regulations.
(4) An occupational health and safety program shall be in writing and shall,
when requested, be provided to the occupational health and safety
committee, a worker at the workplace and an officer.

37. Committees

APPENDIX B - References to Legislation

Where 10 or more workers are employed at a workplace, the employer shall


establish an occupational health and safety committee to monitor the health,
safety and welfare of the workers employed at the workplace.

39. Duties of committees


A committee established under section 37
(a) shall seek to identify aspects of the workplace that may be unhealthy or
unsafe;
(a.1) shall participate in a workplace inspection that an employer is required by
the regulations to conduct;
(b) may make recommendations to principal contractors, employers, workers,
self-employed persons and the assistant deputy minister or an officer for the
enforcement of standards to protect the health, safety and welfare of workers
at the workplace;

28

Introduction to an Occupational Health & Safety Program

(c) shall receive complaints from workers as to their concerns about the health
and safety of the workplace and their welfare;
(d) shall establish and promote health and safety educational programs for
workers;
(e) shall maintain records as to the receipt and disposition of complaints received
from workers under paragraph (c);
(f) shall co-operate with the assistant deputy minister or an officer who is
exercising his or her duties under the Act; and
(g) shall perform those other duties and follow those procedures that may be
prescribed by the regulations.

41. Worker representative


(1) Where less than 10 workers are employed at a workplace, the employer shall
ensure that a worker not connected with the management of the workplace is
designated as the worker health and safety representative to monitor the health,
safety and welfare of workers employed at the workplace.

42.1 Workplace designate


(1) Notwithstanding section 41, where less than 6 persons are engaged at a
workplace and the designation of a worker health and safety representative is
impracticable, the employer may designate a workplace health and safety
designate to monitor the health, safety and welfare of workers employed at the
workplace.
(2) The workplace health and safety designate may be either
(a) a worker connected with the management of the workplace; or

APPENDIX B - References to Legislation

(b) the employer, if the designation of a worker connected with the management
of the workplace is not practicable.
(3) the workplace health and safety designate shall be appointed by the employer.

44. Duties of representatives


(1) A worker health and safety representative or the workplace health and safety
designate has the same duties as those imposed upon a committee under
section 39, where that is reasonably practicable.
(2) A worker health and safety representative or the workplace health and safety
designate, where the workplace health and safety designate is not the
employer, shall consult with his or her employer while performing his or her
duties under subsection (1).
(3) Where the workplace health and safety designate is the employer, he or she
shall consult with the workers while performing his or her duties under
subsection (1).

29

Introduction to an Occupational Health & Safety Program

54. Reporting accidents


(1) Where an accident takes place at a workplace
(a) that results in serious injury to a person or results in the death of a person; or
(b) that had, or continues to have, the reasonable potential of causing serious
injury to or the death of a person the employer, or principal contractor shall
immediately notify the assistant deputy minister of the accident.
(2) Where an accident is reported under subsection (1), notification shall
immediately be given to the committee, the worker health and safety
representative or the workplace health and safety designate.

(3) In this section and section 55 "serious injury" means


(a) a fracture of the skull, spine, pelvis, femur, humerus, fibula or tibia, or
radius or ulna;
(b) an amputation of a major part of a hand or foot;
(c) the loss of sight of an eye;
(d) a serious internal hemorrhage;
(e) a burn that requires medical attention;
(f) an injury caused directly or indirectly by explosives;
(g) an asphyxiation or poisoning by gas resulting in a partial or total loss
of physical control; or
(h) another injury likely to endanger life or cause permanent injury,

APPENDIX B - References to Legislation

but does not include injuries to a worker of a nature that may be treated through
first aid or medical treatment and the worker is able to return to his or her work
either immediately after the treatment or at his or her next scheduled shift.

OH&S Regulations
2. Definitions
In these regulations
(f) occupation means employment, business, calling or pursuit but does not
include an endeavour that is not included in one of the classes of occupations
in the current Canadian Classification and Dictionary of Occupations.
(j) supervisor includes a superintendent, foreman or other worker authorized
or delegated to exercise direction and control over workers of an employer.

30

Introduction to an Occupational Health & Safety Program

4. Occupational health and safety program


(1) An occupational health and safety program required under section 36.1 of the
Act shall be signed by the employer and by the person or persons responsible for
the management of the employer's operations in the province and shall include:
(a) a statement of the employer's commitment to cooperate with the occupational
health and safety committee and workers in the workplace in carrying out their
collective responsibility for occupational health and safety;
(b) a statement of the respective responsibilities of the employer, supervisors, the
occupational health and safety committee and workers in carrying out their
collective responsibility for occupational health and safety;
(c) procedures to identify the need for and for the preparation of, written work
procedures to implement health and safety practices, including practices
required by the Act and the regulations, or by order of an officer;
(d) a plan for orienting and training workers and supervisors in workplace and
job-specific safe work practices, plans, policies and procedures, including for
emergency response, that are necessary to eliminate, reduce or control hazards;
(e) provision for establishing and operating an occupational health and safety
committee, including
(i) maintenance of membership records,
(ii) procedural rules,
(iii) access for the committee to management staff with the authority to resolve
health and safety issues and to access information about the employer's
operations required under the Act and the regulations, and
(iv) a plan for training committee members as required under the Act.
(f) a system for the recognition, evaluation and control of hazards that includes:

APPENDIX B - References to Legislation

(i)

evaluation and monitoring of the workplace to identify potential


hazards and the associated risks,

(ii) procedures and schedules for regular inspections by management and


committee members,
(iii) procedures for the identification, reporting and control or correction of
hazards,
(iv) procedures for the prompt investigation of hazardous occurrences to
determine the cause of the occurrence and the actions necessary to
prevent a recurrence,
(v) identification of the circumstances where the employer is required to
report hazards to the committee and the procedures for doing so, and
(vi) measures for the accountability of persons responsible for the reporting
and correction of hazards;

31

Introduction to an Occupational Health & Safety Program

(g) a plan for the control of biological and chemical substances handled, used,
stored, produced or disposed of at the workplace and where appropriate, the
monitoring of the work environment to ensure the health and safety of workers
and other persons at or near the workplace;
(h) a system to ensure that persons contracted by the employer or for the
employer's benefit comply with the program developed under this section and
the Act and regulations;
(i) an emergency response plan;
(j) maintenance of records and statistics, including occupational health and
safety committee minutes, reports of occupational health and safety
inspections and investigations, with procedures to allow access to them
by persons entitled to receive them under the Act; and
(k) provision for monitoring the implementation and effectiveness of the program.

(2) An employer that is required to establish and maintain an occupational health


and safety program under section 36.1 of the Act shall
(a) implement the occupational health and safety program; and
(b) review and, where necessary, revise the occupational health and safety
program
(i) at least every 3 years,
(ii) where there is a change of circumstances that may affect the health and
safety of workers, and
(iii) where an officer requests a review.

(1)

An employer shall make arrangements for the regular inspection of all


buildings, structures, excavations, machinery and equipment to ensure so far
as is reasonably practicable that they are capable of withstanding the stresses
likely to be imposed upon them and of safely performing the functions for
which they are used.

(2)

An employer shall ensure that necessary protective clothing and devices are
used for the health and safety of his or her workers.

(3)

An employer shall, before commencing a new project of construction or an


industrial enterprise which is intended to continue for 30 days or more,

APPENDIX B - References to Legislation

5. General duties of employers

(a) send to the assistant deputy minister a written notice containing the name
of the plant or construction site, where it is situated, the mail address to
which correspondence should be directed, the nature of the work, the
numbers of workers to be employed and the name of the firm under which
the business is to be carried out; and

32

Introduction to an Occupational Health & Safety Program

(b) in the case of a plant, provide the assistant deputy minister upon request
with plans showing the plant buildings and the main disposition of
equipment and information relevant to processes and the nature of a
substance which may be used.
(4)

The employer shall ensure that safety procedures are followed at all
workplaces.

6. General duties of worker


Every worker shall
(a) make proper use of all necessary safeguards, safety devices and appliances
(i) designated and provided for his or her protection by his or her employer, or
(ii) required under the regulations to be used and worn by him or her; and
(b)

report immediately to his or her employer or supervisor a hazardous


condition that may come to his or her attention.

21. Health and safety committee


(1) An employer shall ensure that
(a) an occupational health and safety committee is established;
(b) a worker health and safety representative is appointed; or
(c) a workplace health and safety designate is designated
under the Act.

APPENDIX B - References to Legislation

(2) Minutes of all regular meetings and special committee meetings shall be
recorded in the form prescribed by the commission and one copy shall be kept
on file with the committee, one copy shall be filed with the commission and
one copy shall be posted in the workplace.
(3) A worker health and safety representative or workplace health and safety
designate shall report to the commission in a form prescribed by the
commission.
(4) The occupational health and safety committee at a workplace shall meet within
2 weeks of its formation and shall then select co-chairpersons as required in
subsection 38(6) of the Act, and notify the commission.
(5) A quorum shall consist of one-half of the membership of the committee
provided that both employer and worker members are represented.
(6) Rep. by 100/98 s5
(7) At a workplace, the assistant deputy minister may by reason of particular
hazards and complexity of operations of large number of workers involved,
require meetings of a committee to be held at least monthly.

33

Introduction to an Occupational Health & Safety Program

(8) A representative of the employer and


(a) the workers of the occupational health and safety committee;
(b) the worker health and safety representative; or
(c) the workplace health and safety designate, except where the workplace
health and safety designate is the employer,
have the right to accompany an officer of the division when the health and safety
inspections are being conducted.

(9) Copies of all health and safety inspection reports made by an officer of the
division, which in the opinion of the division warrant circulation, shall be
circulated to the employer and
(a) the occupational health and safety committee;
(b) the worker health and safety representative; or
(c) the workplace health and safety designate.
(10)

Reports not previously circulated but subsequently requested by the


employer, the occupational health and safety committee, the worker health
and safety representative or the workplace health and safety designate
shall be provided.

Canada Labour Code, Part II


Duties of Employers

APPENDIX B - References to Legislation

124. General duty of employer


Every employer shall ensure that the health and safety at work of every person
employed by the employer is protected

125. Specific duties of employer


(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,

(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;

34

Introduction to an Occupational Health & Safety Program

(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 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.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.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.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

APPENDIX B - References to Legislation

Duties of Employees
126. Health and safety matters
(1) While at work, every employee shall
(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;

35

Introduction to an Occupational Health & Safety Program

(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.

Policy Health and Safety Committees


134.1 Establishment mandatory
(1) For the purposes of addressing health and safety matters that apply to the
work, undertaking or business of an employer, every employer who normally
employs directly three hundred or more employees shall establish a policy
health and safety committee and, subject to section 135.1, select and appoint its
members.

Work Place Health and Safety Committees

APPENDIX B - References to Legislation

135. Establishment mandatory


(1) For the purposes of addressing health and safety matters that apply to
individual work places, and subject to this section, every employer shall, for each
work place controlled by the employer at which twenty or more employees are
normally employed, establish a work place health and safety committee and,
subject to section 135.1, select and appoint its members.

Health and Safety Representatives


136. (1) Appointment of health and safety representative
Every employer shall, for each work place controlled by the employer at
which fewer than twenty employees are normally employed or for which
an employer is not required to establish a work place committee, appoint
the person selected in accordance with subsection (2) as the health and
safety representative for that work place.

36

Introduction to an Occupational Health & Safety Program

136. (2) Selection of person to be appointed


The health and safety representative for a work place shall be selected as
follows:
(a) the employees at the work place who do not exercise managerial
functions shall select from among those employees the person to be
appointed; or
(b) if those employees are represented by a trade union, the trade union
shall select the person to be appointed, in consultation with any employees
who are not so represented, and subject to any regulations made under
subsection (11).

APPENDIX B - References to Legislation

The employees or the trade union shall advise the employer in writing of the name
of the person so selected.

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HOW TO REACH US
St. John's
146-148 Forest Road
P.O. Box 9000
St. John's, NL A1A 3B8
Prevention Services Inquiries (709) 778-1552
Prevention Services Fax (709) 778-1564
Toll Free 1 800 563-9000

Grand Falls-Windsor
26 High Street
P.O. Box 850
Grand Falls Windsor, NL A2A 2P7
Telephone: (709) 489-1600
Fax (709) 489-1616
Toll Free 1 800 563-3448

Corner Brook
Suite 201, Fortis Towers
4 Herald Avenue
P.O. Box 474
Corner Brook, NL A2H 6E6
Telephone: (709) 637-2700
Fax (709) 639-1018
Toll Free 1 800 563-2772
www.whscc.nf.ca

Department of Government Services


OH&S Branch
(709) 729-2706
Toll Free: 1-800-563-5471

Human Resources and Social Development


Labour Program, Newfoundland and Labrador Office
Phone: (709) 772-5022 (call collect outside St. Johns)

Newfoundland & Labrador Employers Council


(709) 368-6532
Toll Free: 1-888-738-5900

Newfoundland and Labrador Federation of Labour


(709) 754-1660

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