4 PUBH 5135 Occupational Health and Safety Regulation
David MacNeil
Topic 1: Types of Occupational Health & Safety Jurisdictions in Canada
- Basic Canada Political Structure:
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- Historical Backgrounds
- How Power is Divided
- Federal Powers
- Amending Powers
- Provincial Powers
- Crossover Powers
- Equalization and Natural Resources
- Federal-Provincial Tension
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- Introduction (CCOHS)
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- Federal coverage of work types
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- How you could follow the appropriate regulations?
- Define your nature of work – within federal or provincial jurisdiction?
- Select appropriate legislation – Act or regulation, by-law or guidelines
- Meet the legal requirement (establish committees) and formulate OHS policies and programs
Topic 2: Various types of Occupational Health & Safety Legislation
- Federal
- Canada Labour Code Part II
- It outlines the responsibilities of different parties, complaint process and other administrative procedures to be followed in order to protect the safety of employees
- Summary of Part II of the Canada Labour Code
- Manager’s Handbook Canada Labour Code – Part II
- Canada Labour Code Part II
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- The legislation:
Topic 3: Nova Scotia Health & Safety Act
- Introduction to Occupational Health and Safety Law in Nova Scotia & N.S. Department of Labour and Workforce Development: OHS Division. (PDF) (Work Safe for Life, Workers’ Compensation Board of NS)
- Please read: P.21 to 22
- Introduction to Nova Scotia’s OHS Division and the OHS Act & Regulations (PDF Slides) (Work Safe for Life, Workers’ Compensation Board of NS)
- Nova Scotia Occupational Health and Safety Act (PDF)
- Federal Comparison:
- Part II of the Canada Labour Code
- Reviews, appeals and administrative penalties
Topic 4: Canadian Occupational Health & Safety Regulation XV/Federal Hazardous Occurrence Investigation, Recording and Reporting
- The Legislation (Federal)
- Hazardous occurrence investigation recording and reporting (Government of Canada)
Topic 5: Work Refusals
- Federal:
- Provincial (Nova Scotia):
Topic 6: What is meant by Due Diligence & How it is used by the employer as a defense in court
- Due Diligence (CCOHS)
- OH&S Legislation in Canada – Internal Responsibility System
- OH&S Legislation in Canada – Basic Responsibilities
- The Legal Defence of Due Diligence: Top 5 FAQs (McInnes Cooper Business Law Firm)
- The Defence of Due Diligence (PDF) (Steinecke Maciura LeBlanc Barristers & Solicitors)
Topic 7: Incident/Accident Investigation Procedures
- Incident Investigation (CCOHS)
- What is an incident and why should it be investigated?
- Who should do the investigating?
- Should the immediate supervisor be on the team?
- Why look for the root cause?
- What are the steps involved in investigating an incident?
- What should be looked at as the cause of an incident?
- How are the facts collected?
- What should I know when making the analysis and recommendations?
- Why should recommendations be made?
- What should be done if the investigation reveals human error?
- How should follow-up be done?
- Health and Safety in Canadian Workplaces (Open Book) (Athabasca University Press)
- Chapter 9 Incident Investigation
- Conducting an Effective Incident Investigation (Work Safe for Life, Workers’ Compensation Board of NS)
- Investigate Incidents (Work Safe for Life, Workers’ Compensation Board of NS)
Topic 8: WHMIS
- Workplace Hazardous Materials Information System (WHMIS)
- WHMIS 1988 – General (CCOHS)
- WHMIS 2015 – General
- WHMIS 1988 to WHMIS 2015 – Making the transition (Ontario)
- WHMIS.org
- Federal:
- Provincial – NS
Exercises
Topic 9: Federal OHS Regulation Part VI Lighting
- Lighting Ergonomics – General (CCOHS)
- Lighting Standard and Canada Legislation
- Federal
- Canada Occupational Health and Safety Regulations (SOR/86-304)
- Part VI Lighting – Level of Lighting Standards refer to the Schedules:
- Schedule I – Office Areas
- Schedule II – Industrial Areas
- Schedule III – General Area
- Schedule IV – VDT Work
- Part VI Lighting – Level of Lighting Standards refer to the Schedules:
- Canada Occupational Health and Safety Regulations (SOR/86-304)
- Provincial (NS)
- Federal
Topic 10: Federal Regulation VII Levels of Sound
- Exposure Limit:
- Legislation:
- Federal:
- Canada Occupational Health and Safety Regulations (SOR/86-304) Part VII Level of Sound
- Canada Labour Code Part II
- Section 125 (1) (n) (Specific duties of employer)
- Federal:
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- Provincial:
Topic 11: Westray Bill (Bill C-45)
- Background:
- Westray Bill (Bill C-45) – Overview (CCOHS)
- Criminal liability for workplace deaths and injuries – Background on the Westray Law (Government of Canada)
- The Criminal Code (Section 22.1 and 22.2)
- CBC News about Westray Bill
- To avoid legal consequences, what will you do?
- Due diligence
- Internal responsibility system
- What is more?
- Underground Mining Regulations
- The provincial governments are responsible for regulating mining within their jurisdictions
- NS Underground Mining Regulations (made under Section 82 of the Occupational Health and Safety Act)
- Underground Mining Regulations
Topic 12: Various Types of Inspection in the workplace
- Work place inspections – A matter of health and safety (Government of Canada)
- What are work place inspections?
- A prevention program includes several types of inspection.
- Legal requirements
- Role of routine inspections in a prevention program
- Appendix A: Sample floor plan layout
- Appendix B: Sample inspection check sheet
- Appendix C: Sample work place inspection recording form
- Workplace Inspections (CCOHS)
- Effective Workplace Inspections
- Inspection Checklist – Sample Checklist for Chemical or Product Inventory
- Inspection Checklist – Sample Checklist for Outdoor Areas
- Workplace Housekeeping – Basic Guide
- Workplace Housekeeping – Checklist for Construction Sites
- Workplace Housekeeping – Checklist for General Inspection
- Workplace Housekeeping – Checklist for Stockpiling
- Workplace Housekeeping – Checklist for Workplace Housekeeping
- Workplace Inspection in the Real World:
Topic 13: Confined Spaces Federal OHS Regulation Part XI
- Confined Space – Introduction (CCOHS)
- Confined Space – Program (CCOHS)
- Canada Legislation and Standards
Topic 14: Personal Protective Equipment (PPE) in the workplace
- Personal Protective Equipment (PPE) (Government of Canada)
- Personal Protective Equipment (CCOHS)
- Body Belts, Harnesses, and Lanyards
- Chemical Protective Clothing – Glove Selection
- Designing an Effective PPE Program
- Eye and Face Protectors
- Fall Protection – Travel Restraint System
- Foot Comfort and Safety at Work
- Footwear – Assessment Checklist
- Headwear, Care of
- Hearing Protectors
- High-Visibility Safety Apparel
- Personal Protective Clothing – Trade Names, Manufacturers
- Protection Against Drowning
- Respirators – Respirator Care
- Respirators – Respirator Selection
- Respirators – Respirators Versus Surgical Masks Versus Non-medical Masks
- Respirators – Wearing a Respirator
- Safety Footwear
- Who Pays for PPE?
- Personal Protective Equipment (PPE) (Infrastructure Health & Safety Association)
- Canada Legislative Requirements:
- Federal
- Canada Labour Code, Part II
- Subsection 122.2: Follow the Hierarchy of Control
- Section 125: limit the access and safety equipment by the employers
- Section 126: Employee has the responsibility to put on PPE and safety equipment provided by the employer.
- Canada Labour Code, Part II
- Provincial (NS)
- The Legislation:
- Personal Protective Equipment: A guide to Part 3 of the Occupational Safety General Regulations (PDF) (NS Labour and Workforce Department)
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- What is Personal Protective Equipment? (P.3)
- Who is responsible for buying this equipment? (P.3)
- Where do I find the requirements for personal protective equipment in regulations? (P.3)
- How do I know when personal protective equipment is to be used? (Section 9) (P.4)
- Is having the equipment enough? (Section 9) (P.4)
- Hazards to eyes, face and neck (Section 10) (P.5)
- Hazards to Head (Section 11) (P.5)
- Hazard to Foot or Skin (Section 12) (P.7)
- Respiratory Hazard (Section 13) (P.8)
- Drowning Hazard (Section 14) (P.10)
- Work Clothes (Section 22(2)(a)) (P.11)
- Rechargeable Storage Batteries (Section 43 (2)(a)) (P.12)
- Energized electrical installations – Section 123(1) (P.12)
- Personal Protective Equipment for Energized Electrical Installations (P.13)
- Confined Space Entry – Section 130(4), Section 134 and 135(1)(a) (P.15)
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- Federal
- Hierachy of Control
Photo sourced from Wikimedia Commons
Topic 15: Federal OHS Regulation II Permanent Structures
- This regulation also take reference to the standards specified in National Building Code and National Fire Code.
- Legislation In Brief:
- The Legislation
Topic 16: Fall Protection/ Nova Scotia OHS Regulation 21
- Fall Protection
- Scaffolding
- Rope Access
- Federal Law on Fall Protection:
Topic 17: New Federal Harassment & Violence Protection Regulation
- Introduction
- The Legislation
- Federal:
- Work Place Harassment and Violence Prevention Regulations (SOR/2020-130)
- effective since Jan 1, 2021, replacing the previous Canada Occupational Health and Safety Regulations Part XX
- for incidences that the employer was aware of before January 1, 2021, the resolution provisions in Part XX of the Canada Occupational Health and Safety Regulations will continue to apply.
- Work Place Harassment and Violence Prevention Regulations (SOR/2020-130)
- Provincial
- Federal:
Topic 18: Federal OHS Regulation XIV Materials Handling
- Introduction
- The Legislation
Topic 19: Joint Health and Safety Committees & Health & Safety Representatives
- Introduction
- Joint Health and Safety Committee – What is a Joint Health and Safety Committee? (CCOHS)
- What is a joint health and safety committee?
- Who is responsible for establishing a joint health and safety committee?
- What does a joint health and safety committee do?
- Is a committee or a representative required by law?
- What are the sources of legislation regarding joint health and safety committees?
- Federal: Canada Labour Code, Part II Sections 135 to 137
- Nova Scotia: Occupational Health and Safety Act Sections 29 to 32
- When are health and safety committees required, how many people are on the committee, and who are the committee members?
- Joint Health and Safety Committee – Creation (CCOHS)
- How are members on the committee selected?
- What is the ratio of management to labour members on the committee?
- How do I know if the members on the committee are representative of the workplace?
- Are members trained or certified in health and safety?
- Training Requirements:
- Federal: Refer to Canada Labour Code, Part II Section 125 (z.01)
- Nova Scotia: Occupational Health And Safety Act Section 30 (6)
- Health and Safety Committees and Representatives (Government of Canada)
- Training Requirements:
- Joint Health and Safety Committee – What is a Joint Health and Safety Committee? (CCOHS)
- Legislation
- Regarding joint health and safety committee
- Federal:
- Provincial (Nova Scotia):
- Requirements for Training:
- Regarding joint health and safety committee
More Related Topics:
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Canadian Federal Legislation
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Nova Scotia Legislation
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General safety regulations
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First Aid Regulations
- First Aid
- First Aid – General (CCOHS)
- The Legislation
- Federal:
- Provincial (NS)
- First Aid
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USA Legislation
- Occupational Safety and Health Act
- The legislations:
- OSH Act of 1970
- Regulations
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- OSHA
- NIOSH (CDC)
- CSA
- a global organization for safety, social good and sustainability. They develop standatds in Testing, Inspection and Certification around the world including Canada, the U.S., Europe and Asia.
- ANSI
- The American National Standards Institute oversees Standatds and Conformity Assessment Activities in the U.S.
- NFPA
- National Fire Protection Association, Quincy, MA of USA.
- ACGIH
- American Conference of Governmental Industrial Hygienists, ACGIH, a charitable scientific organization aimed to advance occupational and environmental health. TLVs® and BEIs® book and work practice guides are their publications.
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Global Perspectives
- EU-OSHA (Strategic framework 2021-27, EU directive, EU guidelines, EU standards, National legislation, OSH strategies)
- The Strategic Framework
- EU-OSHA (Strategic framework 2021-27, EU directive, EU guidelines, EU standards, National legislation, OSH strategies)
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- European directives
- European directives on safety and health at work
- It is a form of the legislation basing on the legal foundation established in Article 153 of the Treaty on the Functioning of the European Union
- The most important legal act: European Framework Directive (1989/391/EEC)
- It establishes general principles for managing safety and health
- Directives per topic:
- The OSH Framework Directive
- Workplaces, equipment, signs, personal protective equipment
- Exposure to chemical agents and chemical safety
- Exposure to physical hazards
- Exposure to biological agents
- Provisions on workload, ergonomical and psychosocial risks
- Sector specific and worker related provisions
- European directives on safety and health at work
- European guidelines
- non-binding documents aiming to facilitate the implementation of European directives.
- Guidelines per topic
- The OSH Framework Directive
- Workplaces, equipment, signs, personal protective equipment
- Exposure to chemical agents and chemical safety
- Exposure to physical hazards
- Exposure to biological agents
- Provisions on workload, ergonomic and psychosocial risks
- Sector specific and worker related provisions
- European standards
- a standard adopted by European Committee for Standardization (CEN), European Committee for Electrotechnical Standardization (CENELEC) and European Telecommunications Standards Institute (ETSI), on request from European Commission.
- National legislation on safety and health at work
- European directives set out the minimum standards for safety and health in the workplace. The EU directives are implemented through the national legislation of Member States.
- OSH strategies
- National strategies consolidation and coordination is the first and foremost key strategic objectives in the EU Strategic Framework on Health and Safety at Work 2014 – 2020. The European Commission invited Member States to review their national strategies in consultation with their relevant stakeholders.
- European directives
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HSE (Health and Safety Executive, UK)
- Both criminal and civil law apply to workplace health and safety
- Criminal Laws:
- Enforced by health and Safety Executive (HSE) or local authority
- Health and safety law (criminal law)
- Main piece of legislation is the Health and Safety at Work etc. Act 1974 (HSWA)
- It is made up of:
- Acts of Parliament
- Statutory instruments (regulations)
- Certain industry is governed by dedicated legislation, such as:
- Criminal Laws:
- Both criminal and civil law apply to workplace health and safety
Other Reference Materials
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OHS Jurisdictional Terminology
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Health and safety policies and procedures
- OH&S Program – General Elements (CCOHS)
- Guide to Writing an OHS Policy Statement (CCOHS)
- For Nova scotia:
- Westray Mining Disaster: Movie and lessons learned
- Westray (Documentary) (Youtube Video)
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Blasting Regulations
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Accident/Incident investigations
- Incident Investigation (CCOHS)
- Health and Safety in Canadian Workplaces (Open Book) (Athabasca University Press)
- Chapter 9 Incident Investigation
- Incident Reporting and Investigation – Getting to the Root Cause (PDF) (Saskatchewan Association for Safe Workplaces in Health)
- Investigating accidents and incidents (PDF) (Health and Safety Executive, UK)