What is Law

The various Provincial Acts, Codes, and regulations make up health and safety law. While it is not necessary to memorize every section, it is important to be familiar with what the legislation provides.

Here are some key clauses that are provided:

• Duties of employers

• Duties of supervisors

• Duties of workers

• Health and safety policy requirements

• Health and safety program requirements

Guidelines and industry standards are not passed by the Legislature or Cabinet. Therefore, they are not law. They are however important documents that in certain situations have the force of law and in others should be considered good practice and a test of due diligence.

Industry standards, such as those developed by the Canadian Standards Association, can be written into (“referenced”) a regulation. When written into a regulation, the standard has the force of law.

A standard not referenced by a regulation may still be considered to be a reasonable safety practice and may be the standard of care expected by the Ministry of Labour inspector.

Guidelines created by the Ministry of Labour may also be considered a reasonable precaution and given consideration during an inspection or investigation. As with standards that are not referenced by a regulation, the ministry cannot require guidelines be met but will consider the workplace practices in light of the guideline.

Definition of “Workplace”

“Workplace” is defined as any land, premises, location or thing at, upon in or near which a worker works.

This includes places a worker is required to attend for work purposes such as:

Who is an Owner?

An “owner” is a trustee, receiver, mortgagee in possession, tenant, lessee, or occupier of any lands or premises used or to be used as a workplace. Any person who acts for or on behalf of an owner as an agent or delegate is also considered an owner.

See your application Act or Code for list of duties.

Who is an Employer?

“Employer “ is defined as:

• A person who employs one or more workers, or

• Contracts for the service of one or more workers, and

• Includes a contractor or subcontractor who performs work or supplies services, and

• A contractor or subcontractor who undertakes with an owner, constructor, contractor, or subcontractor

See your application Act or Code for list of duties.

Who is a Constructor?

A “constructor” is a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer.

Who is a Supervisor?

A “supervisor” is a person who has:

• Charge of a workplace, or

• Authority over a worker

See your application Act or Code for list of duties.

Who is a Worker?

In general, a “worker” is a person who performs work or supplies services for monetary compensation. However, Acts or Codes may exclude an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program.

What is a Health and Safety Committee?

A health and safety committee is a joint worker-management team that assists the employer in creating and maintaining a safe workplace. In most Canadian jurisdictions a health and safety committee is mandatory. Even in workplaces where a committee is not required by the law, the benefits of a joint committee in addressing workplace health and safety needs are widely recognized.

As a result, there is a trend toward establishing a committee on a voluntary basis even where one is not mandatory. The goal of the committee is to enhance the ability of workers and employers to resolve safety and health concerns reasonably and co-operatively. They should do so on their own with a minimum of government involvement.

The underlying philosophy of the joint health and safety committee is the internal responsibility system which holds the employer and employees jointly responsible for workplace safety and health.

Internal responsibility system:

• Recognizes that persons responsible for getting work done must be responsible for getting it done safely

• Enhances the ability of the workers and their supervisors to resolve their health and safety issues cooperatively

• Promotes safety culture

• Promotes best practices

• Helps develop self reliance, and

• Helps ensure compliance through a joint management - worker effort

  

Activities of the Health and Safety Committee:

• Hold regular meetings (at least as many meetings as required by the law)

• Identify workplace hazards and recommend remedial action(s)

• Respond to employee concerns regarding health and safety

• Assist management in the development and implementation of safe work practices and emergency procedures

• Participate in the development, implementation and monitoring of health and safety policies and programs

• Participate in workplace inspections

• Participate in accident/incident investigations

• Participate in resolving work refusals

• Promote health and safety education and training

  

Responsibilities of the Health and Safety Committee

The health and safety committee assists the employer with:

• Recognizing workplace hazards

• Evaluating the risk of accidents, injury and illness

• Developing a program to prevent such accidents, injuries and illnesses

• Implementing the program

• Evaluating the effectiveness of the program, and

• Recommending changes for continuous improvement.

Health and safety legislation generally specifies the duties of the committee. Specific details of the duties vary from one jurisdiction to another. These duties can be further enhanced by establishing terms of reference for the committee to focus on workplace specific needs.

Accountability

The committee’s role is to make recommendations for action to prevent accidents, injuries and illness. The authority for action, and hence the accountability for non-compliance, stays with the employer/management.

Establishing a committee does not lessen the employer’s accountability for health and safety. But being prepared before an accident occurs is essential. Try:

• HAVING A policy in place

• ASSIGNING Responsibilities

• DEFINING Accident reporting procedures

• DEVELOPING Forms for investigation and reports

• HAVING Procedures for follow-up on recommendations

• IDENTIFYING Specialists

• UPDATING Knowledge and skills regularly

Immunity

The legislation exempts a health and safety representative or a committee member from liability for damages resulting from any action performed in good faith in the execution of his/her duties.

Is a Committee Required by Law?

In Canada, the establishment of a committee is either mandatory or subject to ministerial decision. The number of employees is used as criteria for mandatory committees. Consult the most up-to-date applicable legislation to find out the requirements for your workplace.

Who is Responsible for Establishing a Committee?

The employer (management) is responsible for establishing a committee(s). In most Canadian jurisdictions, legislation sets guidelines for:

• The organization and structure of the committee

• Meeting frequency

• Roles and responsibilities

Employers establish terms of reference applicable to the formation, structure and functioning of the committee in their workplace. Such terms of reference must ensure:

• compliance with the legislation

• effectiveness of the committee in meeting workplace specific needs

• widest possible employee involvement, and

• provision of resources such as employee time, money, equipment and facilities for the functioning of the committee

Guidelines for Forming a Health and Safety Committee

How are Committee Members Appointed?

Typically, management members are appointed by the employer (management) and employee members are selected by employees, except in a unionized workplace, where employee members are selected by the union.

What is the Management/Employee Member Ratio on the Committee?

Laws typically state that there should not be more management members on the committee than employee members, or that equal numbers are required. Equal numbers ensure a “well-balanced committee”
sample

Do Members Need to be Trained or Certified in Health and Safety?

Members should be adequately trained in health and safety in order to contribute fully to all committee activities. In some jurisdictions, safety training or certification is required by law for employer and worker members.

Training may cover some or all of the following aspects:

• Committee responsibilities/authority

• Occupational health and safety law

• Hazard recognition and control methods

• Job safety analysis

• Occupational hygiene

• Methods of raising safety awareness

• Workplace inspections

• Accident investigation

• Effective oral communication

  

How Long Does a Person Serve on the Committee?

The length of time is often specified in the Occupational Health and Safety legislation (OH&S) and may range from one to three years. Members are eligible for re-election. Each member holds office until his or her successor is selected.

Consider that a shorter term allows more new people to be introduced to the committee and learn about health and safety. No matter how long the term is, a staggered rotation is suggested so that new members come in while others continue. No more than one half of the committee should be new at any given time. It is best if the co-chairperson is not a new committee member

Are Members Compensated for Time Spent on Committee Activities?

A committee member is considered to be at work while he/she is doing the committee work. This includes time allocation to prepare for the meeting, the meeting itself, and any related activities (such as workplace inspections).
With shift work, this provision is especially important to ensure full attendance at meetings and that all committee tasks are carried out.

Can Committee Members be Penalized?

It is against the law for any employer, or person acting on behalf of the employer, to take action against a worker for participating in the functions of the committee.

Is There a Need to Post and Maintain Records/Documents of the Meetings?

Minutes of all health and safety committee meetings must be recorded. Some jurisdictions may require the use of specific forms. Some may require that the minutes be forwarded directly to the jurisdiction, while others may state that records must be made available when a government official requests them.

Minutes of meetings should be circulated to all committee members. One copy should be posted in the workplace and the original kept with committee records. The minutes should be circulated and posted promptly after a meeting, and remain posted until superseded by minutes of the next meeting.

Consult your health and safety legislation for posting requirements applicable to your workplace.

Alternative Programs

What is a Hazard-Based Health and Safety Program?

A hazard-based health and safety program is a focused plan of action that includes activities designed to prevent injury, illness, and death by addressing workplace hazards. While there may be components within a hazard-based health and safety program unique to the workplace, there are five components common to all workplaces:

Identifying hazards is the first step toward controlling them, thereby preventing injury and disease. Hazards may be identified through workplace inspection, workers reports, and other activities. Once identified, hazards need to be documented. Hazard assessment involves evaluating how exposure takes place and the possible impact on workers’ health. Once a hazard has been identified and assessed, hazard controls can then be recommended. Hazard controls are ways of preventing exposure to the hazard and protecting workers’ health.

What is a Behavioural-Based Health and Safety Program?

Behavioural-based safety (BBS) refers to a range of programs which focus on workers’ behavior rather than hazards.

Instead of identifying, assessing, and controlling hazards, BBS programs use incentives and discipline to encourage workers to work around hazards. Often group prizes are awarded for low injury statistics, creating peer pressure to not report hazards, injuries, or exposures. Worker health and safety representatives are trained to observe worker behaviours and report them to supervisors. Supervisors discipline workers for breaching safe work procedures. All focus is placed on the worker.

The order of the hierarchy of controls is often reversed, implementing the least effective control such as safety procedures or PPE rather than controlling hazards at the source through elimination or substitution.

What is Claims Management?

Instead of working to reduce injuries and illnesses by eliminating and reducing hazards, some employers focus only on stopping workers from reporting injuries. This is done through various schemes, most commonly prizes and pay incentives.

The goal of claims management programs is to create the appearance of a safe workplace. When injuries and illnesses are not reported, this does not mean they don’t exist, but by not reporting them, employers save money on workers’ compensation premiums and avoid being targeted by MOL inspectors.

Demonstrating Management Commitment

Occupational Health and Safety Policy

A Occupation Health and Safety (OH&S) policy is a statement of management’s commitment to health and safety. It states the principles and general rules that will serve as guides for action. The OH&S policy should recognize the importance of the health and safety committee. The policy statement can be brief, but it should state:

• Management’s commitment to protect the safety and health of employees

• The organization’s basic health and safety philosophy

• Accountability for occupational health and safety programs

• Roles and responsibilities of health and safety committees

• The general responsibilities of all employees

• That health and safety shall not be sacrificed for expediency

• The consequences of inadequate performance of health and safety duties

The policy should be:

• Stated in clear, unambiguous, and unequivocal terms

• Dated and signed by the incumbent Chief Executive Officer

• Kept up-to-date

• Communicated to each employee

• Adhered to in all work activities

Defining Roles, Responsibilities and Procedures

State Purpose and Objectives

The purpose and objectives of the committee should be declared in the company’s safety policy statement. As well, the committee may establish its own mission statement specifying its purpose and goals. It helps to define the committee’s duties and responsibilities more specifically than those which are only broadly stated in the health and safety legislation.

The following are examples of committee objectives:

• Create and maintain active interest in health and safety, and accident prevention.

• Recommend effective action about accident-causing conditions.

• Promote awareness about health and safety issues.

• Promote cooperation between management and workers in dealing with health and safety issues.

• Help identify problems, evaluate risks, and recommend control measures.

• Assist employer in implementation of control measures and evaluation of their effectiveness.

• Cooperate with the employer in formulating policy and procedures.

• Monitor and improve workplace health and safety.

Define Responsibilities

Committees are responsible for a set of activities, and they should have the authority to carry out these activities. Some provincial or federal laws state that committees must have authority to:

• Ask the employer to provide information concerning workplace hazards

• Carry out or participate in workplace inspections

• Participate in accident investigations

• Participate in resolving work refusal cases

• Hold regular meetings

• Monitor compliance with regulations

An employer may grant more authority than the minimum stated in the legislation. Normally such increased authority should not extend to situations where a supervisor’s responsibility might be overridden, such as correcting unsafe acts or shutting down an unsafe operation unless imminent danger exists.

The Union can also negotiate into the Collective Agreement more than is required by law, however they cannot negotiate anything that is less than the law provides.

Responsibilities of Committee Members

Each member must know the extent of his/her authority when dealing with safety matters. Each committee member should review the written statement of authority and confirm that he/she understands it. There may be occasions when duties have to be revised.

For example: when a lack of authority prevents the committee from carrying out a certain task or when committee members are perceived as regularly exceeding
their authority. If a member is given a revised set of duties and a level of authority, the committee should make sure these do not conflict with the general duties of the committee as a whole.

Committee Members’ Duties

Committee members should work together to identify their specific duties. These items may vary according to type and size of the workplace, the accident experience, and the number of committees. Some duties which are common to all committees include:

• Attend all committee meetings

• Promote health and safety at all times in their area of work

• Receive, consider, and resolve workers health and safety complaints

• Provide feedback on workers’ suggestions

• Promote and monitor compliance with health and safety laws and regulations

• Attempt to raise health and safety standards above legal requirements

• Investigate and advise on cases of refusal to perform unsafe work

• Assist in the training of new workers and conduct health and safety education programs

• Participate in the identification and control of hazards

• Participate in assessments and the development of control programs for hazardous substances

• Participate in accident investigations and inquiries

• Carry out workplace inspections

• Advise on personal protective equipment

Chairperson’s Duties and Responsibilities

The committee co-chairpersons must assume extra responsibilities in addition to the usual member duties.

Committees with co-chairperson(s) or alternating chairperson(s) should decide whether these extra responsibilities are shared all the time or taken in turn
(in some jurisdictions, the method of chairing meetings is legislated).

The chairperson’s extra duties may include:

• Scheduling meetings and notifying members

• Preparing an agenda

• Inviting specialists or resource persons as required

• Presiding over meetings

• Guiding meetings as per agendas -ensuring all discussion items end with a positive decision

• Reviewing and approving the minutes

• Assigning projects to members

• Ensuring that the committee carries out its function

A list of duties describing the chairperson’s (co-chairperson’s) responsibilities and authority should be available to all members.

Secretary’s Duties and Responsibilities

The secretary’s additional responsibilities may vary depending on several factors. Where only a single chairperson has been appointed, the secretary may be required to assume that person’s duties in his/her absence. The secretary’s duties may include:

• Keeping pertinent records

• Reporting on the status of recommendations

• Preparing the minutes

• Distributing the minutes after approval

• Disseminating safety information to members

• Assisting the chairperson as required

Distributing the List of Duties

The duties of health and safety committee members and co-chairpersons should be posted in the workplace and provide a copy to each committee member. This document may be used for briefing or a training guide for new members as well as an information source for all workers.

Members Must Understand their Duties and Responsibilities

Writing a list of duties/responsibilities is not the same as ensuring that each committee member understands what is required of him/her. Members should discuss their list of duties/responsibilities – either one-on-one or as a committee – to make sure each individual understands what is required.

Review of Duties/Responsibilities and Structure

The committee should review its responsibilities and duties at set intervals. Sometimes a major change in the organization may necessitate a review of the health and safety committee’s responsibilities, duties and structure, and lead to major revisions. In this case, the committee must reorganize itself to fulfill its modified role.

Establishing Procedures and Guidelines for Committee Meetings

The success of the committee depends on the conduct of regular and efficient committee meetings. The following are some tips to establish guidelines for committee meetings:

Meeting Frequency

The OH&S legislation generally specifies how often a committee must meet. Some jurisdictions require monthly meetings whereas others require quarterly (every three months) meetings.

Meeting Attendance Policy

Committees should not settle for just having a quorum at each meeting, but should strive for full attendance. Absenteeism leaves parts of the work force unrepresented.

Meeting Times

Meeting times may depend on factors which are difficult to control. For example, when different shifts have to be represented, a time immediately before or after a shift change might be best.

Postponed Meetings

Once the time and date are set the meeting should not be postponed except for emergency reasons. Frequently postponed meetings often indicate a lack of interest in safety, a lack of management commitment, and a lack of leadership.

Meeting Location

Meetings should be held in a quiet place with no interruptions. A crowded office, a lunchroom, or work area is not a suitable meeting place. Where available, a meeting room with appropriate training aids such as flip charts, chalk boards, and screens is ideal.

Productive and Efficient Use of Meeting Time

The committee should devote its attention to health and safety matters. The meeting should not be used as a forum for airing general complaints and grievances. Disciplinary and personnel matters should be left for line management, the personnel department, and union staff to handle.

Individual cases of unsafe conditions or acts, such as a worker’s failure to wear safety glasses as required, are matters which should be routinely resolved by line management. These items only become an appropriate topic for committee action where an inspection reveals general non-compliance with safety rules and procedures, or when other means to effect corrective action have failed.

Meeting Agenda

The following is a sample meeting agenda:

HEALTH & SAFETY COMMITTEE MEETING AGENDA

• Roll call (members in attendance)

• Introduction of visitors

• Approval of minutes

• Business arising from the minutes (including progress reports on outstanding items)

• Reports (inspections, injuries/illnesses,statistics)

• New business (itemized)

• Educational session

• Time, date, place of next meeting

• Adjournment

• Minutes of Previous Meeting (for approval)

• New Business Items on the Agenda

All workers (management and non-management) should be encouraged to submit items to their committee representatives. However, since the committee has only a limited time to deal with all health and safety aspects, new business items should be screened before the whole committee addresses them. Priorities might be established based on:

• Accidents/injuries,

• Workplace inspection reports, and

• Introduction of new equipment or procedures

Agenda Distribution

The agenda should be distributed in advance to allow each member to prepare for the meeting. This preparation may involve discussions with the group the member represents, study of health and safety problems, or other information gathering.

Minutes of Meetings

The minutes of committee meetings serve to keep track of safety problems and to state what recommendations have been made. Minutes also help promote safety to all workers and are a permanent record of health and safety
committee activities.

Items generally included are:

• Time and date of meeting

• Who attended

• Items discussed (reports, problems, statistics, education)

• Reasons for recommendations (and counter-arguments voiced)

• Recommendations (specifying action by whom, by when)

• Time and date of next meeting

The minutes should be brief and highlight pertinent facts leading to recommendations and decisions.

Posting Minutes of the Meeting

Prompt posting of the minutes will show that solutions to health and safety problems have been followed-up without delay. It also indicates that the committee is operating efficiently, and emphasizes that safety is a priority item in the workplace. Some jurisdictions require that minutes be forwarded to the employer, to a regulatory agency (government), or to an organization representing the workers (the union).

Keeping Minutes on File

Minutes of previous meetings are useful sources of information, as

• They may show trends

• They reveal problems requiring further investigation

• Identify new committee members who may need training, and

• Identify new training topics

Minutes should be kept for a minimum of two years, but the total length of time may vary according to the frequency of meetings, and other factors.

Reaching Decisions at Meetings

Whenever possible, decisions should be made by consensus. The ideal situation would be that the committee reach a consensus by allowing each person to present arguments and have them debated by all committee members. The committee may reach a compromise by making more than one recommendation, setting priorities, or adopting interim measures. Once general agreement is achieved, support from the entire committee and all employees are more likely to follow.

Recommendations for Action

The health and safety committee’s main function is to make recommendations. Each discussion item at a meeting should end with a specific recommendation for action.

Following are helpful tips for making a recommendation:

• State the problem in clear terms based on known facts

• Investigate the problem to find its root cause

• Recommend action(s) to correct the problem

The problem might be a newly reported hazard, a known hazard which has not been dealt with by line management, or a hazard requiring large expenditures of money to resolve. The health and safety committee should bear in mind that it is trying to sell a recommendation to management, and should therefore present a convincing argument to justify the recommended action. Any recommendation made by the committee must be logical and practical, and meet all legislative requirements.

The committee should specify where the recommended action should take place, and specify a time frame. If a waiting period is expected, an interim solution may be required.

Is the Full Record of Committee Recommendations and Their Status Available to All Workers?

In order to maintain a high degree of safety awareness throughout the workplace, all workers need to be kept informed of all health and safety problems, recommended solutions, the status of their implementation, or reasons for non-implementation. Comprehensive minutes, personal contact with committee members, and reports at union and management meetings will all help to spread this information. Committee successes need to be publicized, as well as its occasional failures.

Part of the duties of the health and safety committee is to recognize hazards and to make recommendations for improvement. This section will provide a brief overview of situations that can be found in most workplaces. This section is not a comprehensive list of all possible health effects or of all potentially hazardous conditions.

If you want to know the regulations regarding a specific hazard or those that govern your committee, contact your local union or government department responsible for health and safety.

Types of Hazards – What is a Hazard?

Hazards – things, substances, conditions, or activities that have the potential to cause injury or illness

Exposures – hazards in which a person comes into contact with

Health effects – the injuries and illnesses that result from exposure to a hazard

A hazard can be defined as the potential in an activity or process which could result in:

• injury to persons,
• damage to equipment, structure or property

We know that certain workplace conditions and work practices have the potential to cause accidents, injuries, or illness. Hazard recognition involves identifying these situations for the purpose of taking action to prevent accidents, injuries and illnesses.

The process of hazard recognition involves seeking answers to the following questions:

• Where do accidents and injuries occur?
• How do accidents and injuries occur?
• Why do accidents and injuries occur?

Examples of Workplace Hazards

Certain types of machines and tasks are known to pose a high risk of accidents and injury. These include:

• high energy source - maintenance work
• non-routine work - construction work
• non-production work

Certain types of jobs and duties are known to be high risk:

• Electrical work
• Work with heights
• Material handling
• Working near hoisting apparatuses and conveyors
• Operating powered industrial trucks
• Working with exhausts and ventilation systems
• Using ropes, chains, or slings
• Woodworking
• Welding or cutting
• Working in a high noise area
• Operating hand-held or portable power tools
• Handling flammable or combustible liquids
• Working with chemicals
• Working with boilers or pressure vessels

Methods of Identifying Hazards

Anticipation

A large amount of information is available through literature on what exposures may result from the use of different machinery, equipment, industrial processes, and chemicals. This knowledge should be used in developing work practices that prevent the risk of harmful exposures.

For example, if toxic chemicals are used in your workplace, prevention measures include:

• compiling an inventory of toxic materials received, handled, produced and disposed
• making sure that containers have proper WHMIS labels
• maintaining Safety Data Sheets (SDSs) for all controlled products received, handled, produced and disposed
• implementing safe work practices as recommended in the SDS,
• ensuring that employees understand emergency procedures,
• providing emergency contact telephone numbers to all employees,
• ensuring employees are trained in the safe use of chemicals, and
• maintaining employee training and employee competency check records

Recognition

The presence of dusts, smoke, vapours, mists, unpleasant odours, excessive noise, very hot or cold conditions, etc. indicate the possibility of harmful exposures. In order to be sure, these conditions must be evaluated by a qualified
professional.

Evaluation

The evaluation of workplace exposure requires specialized technical expertise.

The committee must ensure that such measurements:

• are done by a qualified and experienced person
• are in compliance with the applicable regulations and standards
• provide results that help evaluate employee exposure and risk of health effects
• recommend practical methods of controlling exposures immediately as well as long-term solutions.

Health Conditions

Recognizing workplace hazards from existing health conditions is NOT a preferred method of evaluation for the following reasons:

Health effects may appear many years after the exposure.
By the time health effects are noticeable, the damage has already occurred.
All exposed people are not affected equally. In the beginning, only some highly susceptible people report health effects. As exposure continues, more and more people are affected.
Some types of illnesses can be detected only by medical diagnostic procedures; affected persons do not experience any symptoms until it is too late to find a medical cure.

Hazard Mapping

Risk mapping or hazard mapping is an excellent way to identify hazards and the urgency of controlling these hazards.

All the workers from a shop get together and mark hazard locations on the shop’s floor plan. Later, they discuss the importance of controlling these hazards and develop a consensus on which ones should be dealt with first.

Job Safety Analysis (JSA)

Job safety analysis (JSA), also known as job hazard analysis, is the first step in developing correct work procedures. Job safety analysis involves the following steps:

1. Select a job.
2. Break the job down into a sequence of steps.
3. Identify the hazards of each step.
4. Define preventive measures.

As a first priority, the analysis should be conducted on all critical tasks or jobs:

• those where frequent accidents and injuries occur
• those where severe accidents and injuries occur
• those with a potential for severe injuries
• new or modified jobs
• infrequently performed jobs, such as maintenance

Workplace Inspections

Health and safety committees plan, conduct, report and monitor workplace inspections which are an important part of the overall occupational health and safety program.

Purpose

Inspections allow committee members to:

• hear the concerns of workers and supervisors
• gain further understanding of jobs and tasks
• identify existing and potential hazards
• determine underlying causes of hazards
• monitor hazard controls (personal protective equipment, engineering controls, policies, procedures)
• recommend corrective action

Aspects to Examine

Every inspection must examine the who, what, where, when and how. Pay particular attention to items most likely to develop into unsafe or unhealthy conditions because of stress, wear, impact, vibration, heat, corrosion, chemical reaction, or misuse. Inspect the entire workplace area each time including areas where there is less activity such as parking lots, rest areas, office storage areas, and locker rooms.

Different inspection teams can examine different aspects of the workplace. Teams can divide their areas of responsibility in two ways:
by location (yard, warehouse, maintenance facility, office, production line),
by class of items (tools, buildings, utilities, materials, mobile equipment)

This division results in a separate inspection report from each team based on location or hazard category. Teams should alternate areas of responsibility from month to month.

Workplace Elements

Consider all workplace elements—environment, equipment and process.

1. The environment may present hazards such as noise, vibration, lighting, temperature, and ventilation.
2. Hazardous equipment may include materials, tools and apparatus for producing a product or service.
3. The process, or the way in which the worker works in that environment or with that equipment, also may present hazards.

Measuring Hazards in the Workplace

Hazard Categories

Hazards are usually grouped into six categories:

Chemical Hazards - Solids, liquids, or gases (vapour) that have a poisonous or toxic effect
Biological Hazards - Things that infect the body, such as viruses, bacteria, and moulds
Ergonomic Hazards - Work activities, materials, equipment, or tools that cause overexertion of the muscles and joints
Physical Hazards - Conditions of noise/vibration, heat/cold, or radiation that affect the body
Psychosocial Hazards - Acts of violence or harassment, or conditions such as task design, management style, etc. that cause stress or distress
Safety Hazards - Conditions and things in the workplace that can cause injury such as pinch points, clutter, heights

Harmful environmental exposures may not be noticed in a walk-through inspection. However, employees may be exposed to conditions that can cause illness.

Such as:

Not using PPE’s - Bypassing safety interlocks
Running on stairways - Ignoring lock-out procedures
Inadequate postures - Slippery floors
Missing machine guards - Poor workstation design
Overflowing containers - Chemical spills
Cluttered hallways - Poor housekeeping
Poor lighting - Biological hazards
Toxic chemical inhalation - Physical agents (noise, heat, radiation)
Poor indoor air ventilation - Temperature quality

What are the Risks of Measuring Hazards?

Some hazards, such as chemical, biological, physical, and ergonomic, are different to assess because their properties and characteristics cannot be seen. Some of these substances, activities or forces are not hazardous if exposure is low but can be very hazardous if exposure is high. To determine whether the exposure is low or high, it may be possible to measure the exposure.

The problem with measuring hazards is some assume if the result of an exposure measurement is within the minimum standard, the exposure level is safe. This assumption is not necessarily true. Just because an exposure is below the limit does not mean it is a safe exposure. Regardless of any minimum standard, if workers are experiencing health effects then the exposure is not safe.

If higher standards can be met, the joint committee should recommend a higher standard. Employers are required to take “all precautions reasonable” and not minimum precautions.

What is Occupational Hygiene?

Occupational hygiene, also referred to as industrial hygiene, is defined as the science devoted to the anticipation, recognition, evaluation, and control of health hazards in the workplace.

While some hazards can be easily recognized by our senses – the eyes, ears, and nose, other hazards cannot be detected by these senses. Radiation or carbon monoxide can be present in the workplace without any sign or indication. An essential tool for recognition and evaluation of health hazards is hygiene monitoring. Hygiene monitoring equipment can be used to sample substances and agents and measure the quantity present in the air.

Hygiene monitoring should be carried out wherever workers are exposed to hazardous substances however such monitoring is only required by law for designated substances.

Hygiene Monitoring

Hygiene monitoring evaluates and documents worker exposure to biological, chemical, and physical hazards. Physical hazards include noise and radiation. There are various methods, each of which has advantages and disadvantages.

While hygiene monitoring may be selectively useful in confirming exposures are at levels as low as practicably possible, hygiene monitoring cannot do anything to prevent exposure. There are questions regarding the viability of some hygiene sampling and analytical methods, as well as whether exposures below the regulatory exposure limits are safe. Error may be introduced at every step and different judgments can be made about whether or not a workers’ health is endangered.

Workplace resources are generally better spent on a health and safety program that focuses on controlling or eliminating hazards at the source, rather than justifying exposures are at or below the prescribed limits.

Noise

Noise creates waves of pressure that can damage the ear, or prevent imminent warnings of danger from being heard and cause stress and strain. Sound intensity or loudness can be measured in units called decibels (dB) using a noise dosimeter.

In order to ensure measurements are accurate, it is important to ensure they are taken at an appropriate time of day, location, and duration.

The National Institute for Occupational Safety and Health (NIOSH) estimates prolonged exposure to noise at:

• 100dB, 56 out of 100 will suffer hearing loss
• 90dB, 29 out of 100 will suffer hearing loss
• 85dB, 15 out of 100 will suffer hearing loss
• 80dB, three out of 100 may sustain hearing loss

While measurements may determine levels are within legal limit, it does not necessarily mean they are safe. Accordingly, it is prudent that joint committees press for policies and controls that rise above minimum standards.

The Musculoskeletal System

The human body is made up of several systems. One of these systems is the musculoskeletal system which supports the body, allows motion and protects vital organs. The musculoskeletal system is made up of bones, muscles, cartilage, tendons, ligaments, joints, and other connective tissue.

Bones provide support for the body. They anchor and protect the internal organs. Muscles are made of fibrous tissue. Most muscles are arranged in groups around joints and are responsible for both dynamic and static activity. Dynamic activity means motion while static activity occurs when the muscles keep the joint in a fixed position. Muscles are attached to bones, tendons increase stability and give strength to structure. Some bones are connected by joints. Cartilage can be found between bones to prevent bones from rubbing directly against one another.

Confined Space Entry

A confined space is an area where there may be low oxygen or toxic gases such as boilers, sewers, tunnels, etc. Every worker who enters a confined space or performs related work must be trained in safe work practices and recognition of confined space hazards.

Employers must consult with the joint committee or health and safety representative when developing confined space training. Whenever there is a change in circumstance that may affect the safety of a worker entering a confined space, or at least annually, the training must be reviewed.

Each confined space must have its own entry plan and every worker who enters a confined space must receive training on the relevant confined space plan.

Lift Truck Operators

A lifting device, such as a lift truck, may be operated by a competent person. Accordingly, any employer requiring a worker to operate a lift truck must establish the competence of the worker through training.

The Canadian Standards Association (CSA) has a training standard that specifies the knowledge, practical, and evaluation requirements of a lift truck operator. The standard provides that workers must be retrained every three years.

In addition to ensuring that an operator of a forklift truck is appropriately trained, an employer has a responsibility to those who work in the vicinity of a lift truck which may place them at risk given the hazards associated with lift trucks. Those workers must be advised of the hazards associated with lift trucks and instructed on rules, measures, and procedures to avoid harm.

A lifting device must be operated by a competent person. In most Acts and Codes a competent person is defined. In order to be deemed a “competent person” an employer must ensure the worker receives training and is knowledgeable in the operations, maintenance, inspection, and testing of cranes.

The Canadian Standards Association (CSA) has several standards applicable to the use of cranes such as: CSA Z150-98, Safety Code on Mobile Cranes, CSA B167-96 (R2002), Safety Standards for Maintenance and Inspection of Overhead Cranes, Gantry Cranes, Monorails, Hoists and Trolleys. In addition the American Society of Mechanical Engineers (ASME) also sets standards for cranes and hoists. The ASME standard, B30.2-2001, Overhead and Gantry Cranes identifies standards and procedures for these types of lifting devices.

Transportation of Dangerous Goods

Workers who transport dangerous goods must be adequately trained in their responsibilities and duties and in the dangerous goods they are expected to handle, offer for transport or transport and hold a training certificate.

The Transportation of Dangerous Goods Act provides guidelines for training criteria. The content of worker training must meet the following minimum requirements:

• Classification of dangerous goods
• Packaging requirements
• Safety marking requirements
• Documentation requirements
• Special precautions for some dangerous goods
• Danger occurrence reporting requirements
• Emergency procedures and proper use of emergency equipment

This training must be updated and repeated every 24 months for transport by aircraft and every 36 months for transport by road vehicle, railway, vehicle, or ship.

Inspection Schedule

The inspection schedule should state:

• when to inspect each area or item within the workplace
• who carries out the inspection
• to what degree of detail each area or item should be inspected

The number and frequency of inspections depend on the following:

• number and size of different work operations
• type of equipment and work processes – those that are hazardous or potentially hazardous may require more regular inspections
• number of shifts (the activity of each shift may vary)
• new processes or machinery
• size and complexity of the work area
• legal requirements for your jurisdiction

Inspections should be conducted as often as the committee meets. Do not conduct an inspection immediately before a committee meeting; try to separate inspections and meetings by at least one week. This time allows for small items to be fixed and gives the committee an opportunity to focus on issues requiring further action.

The Inspection Process

Discuss a plan before undertaking the inspection. Review where inspection team members are going and what they are looking for.

During inspections, wear personal protective equipment (PPE) where required. If you do not have PPE and cannot get any, list this as a deficiency on the inspection report and DO NOT ENTER the area. Re-inspect the area when PPE is provided.
Engineers, maintenance personnel and other specialists should be available to provide information on special equipment or processes. The committee may invite industrial hygienists, union health and safety specialists, or workplace managers to join the committee inspection team to help examine certain aspects of a work area.

Supervisor involvement

Supervisors are responsible for taking action to prevent accident and injury. Supervisors have an advantage in safety inspections because of their familiarity with workers, equipment and the environment. This familiarity is also
a disadvantage because it can interfere with a supervisor’s objectivity.

Observation

During the inspection, look for substandard work practices. Substandard work practices may include:

• using machinery or tools without authority
• operating at unsafe speeds or in an unsafe manner
• removing guards or other safety devices, or rendering them ineffective
• using defective tools or equipment, or using tools or equipment in unsafe ways
• using hands or body instead of tools or push sticks
• overloading, crowding, or failing to balance materials
• handling materials in unsafe ways (e.g. improper lifting)
• repairing or adjusting equipment that is in motion, under pressure, or electrically charged
• failing to use or maintain personal protective equipment or safety devices, or using them improperly
• creating unsafe, unsanitary, or unhealthy conditions, (e.g., poor house-keeping, smoking in unauthorized areas, or using compressed air to clean clothes)
• standing or working under suspended loads, scaffolds, shafts, or open hatches

These observations must NOT be used as evidence for disciplinary measures against a worker

Inspection principles – Do’s and Don’ts

Do’s

• Draw attention to the presence of any immediate danger – other items can wait until the final report
• Ensure shutdown and lock-out procedures are in place and that hazardous items cannot be moved until a safe operating standard is read
• Look up, down, around and inside. Be methodical and thorough
• Ask questions
• Describe clearly each hazard and its exact location in your rough notes. Allow on-the-spot recording of all findings before they are forgotten
• Consider postponing the inspection if a machine is shut down
• Discuss as a group, whether you foresee any potential hazard, problem or accident when looking at the equipment, environment, or the process.
• Determine what corrections or controls are appropriate for resolution of hazards
• Take a photograph if you are unable to clearly describe or sketch a particular situation

Don’ts

• Do not operate equipment. Ask the operator for a demonstration. If the operator does not know what dangers may be present this is a cause for concern
• Do not try to detect all hazards simply by relying on your senses or by looking at them during the inspection. You may have to monitor levels of exposure to chemicals, noise, radiation, or biological agents
• Do not spoil the inspection with a “at a glance” approach to inspection
• Do not unnecessarily disrupt work activities

The Inspection Report

On the top of the page, indicate the department or area inspected, the date, and the inspection team’s names and titles.

State exactly what has been detected and accurately identify its location; instead of stating machine unguarded, state guard missing on upper pulley #6 lathe in North Building.

Assign a priority level to the hazards observed to indicate the urgency of the corrective action required. For example:

• A - Major - Requires immediate action - Do immediately
• B - Serious - Requires short-term action - Do within 3 days
• C - Minor - Requires long-term action - Do within 2 weeks
• D - Other

After each listed hazard, specify the recommended corrective action and establish a definite correction date.

Each inspection team member should review the report for accuracy, clarity and thoroughness.

Follow-up and Monitoring

Review the information obtained from regular inspections to identify where immediate corrective action is needed. Identify trends and obtain timely feedback. Analysis of inspection reports may show the following:

• priorities for corrective action
• need for improving safe work practices
• insight about why accidents are occurring in particular areas
• need for training in certain areas
• areas and equipment that require more in-depth hazard analysis

Inspections serve a useful purpose only if remedial action is taken immediately to correct shortcomings. Causes, not symptoms alone, must be rectified.

What Types of Accidents are to be Investigated

Both accidents and incidents should be investigated.

Accident The term accident is generally defined as an unplanned event that interrupts the completion of an activity, and that may (or may not) include injury or property damage.

Incident Unplanned events that involve no injury or property damage are called incidents or near miss.

All accidents and incidents with potential of injury or property damage must be investigated. These include:

• near miss that could have caused property damage
• accidents that caused property damage but no injury
• accidents that required first aid or minor medical treatment
• near miss with potential for serious injury
• accidents resulting in time loss
• accidents resulting in hospitalization
• accidents resulting in serious injury, amputation, or fatality

Purpose of Accident/Incident Investigation

The purpose of the accident investigation is to determine the root cause of the accident and take corrective action to prevent recurrence of similar accidents. Other objectives of accident investigation include:

• to fulfill the legal requirement
• to determine compliance with applicable safety regulations
• to process workers’ compensation claims
• to provide proper medical care to accident victims

Workplace Investigations

The union may do a workplace investigation when there is a critical injury or fatality in the workplace. The purpose of investigation is to find out what happened and why, not to lay blame but to prevent such an incident from occurring again.

The following is a sequence of events to follow when arriving at the scene:

First Aid - Ensure medical attention is given
Control Scene - Control the scene by erecting barriers, shutting down machinery, etc
Witnesses - Locate and identify witnesses and find out what happened
Planning - Decide a plan for the investigation
Interview - Interview witnesses as soon as possible
Physical Evidence - Gather evidence by taking pictures, drawing diagrams, etc
Analysis - Analyze the situation
Report - Complete and present a report to the joint committee and union
Recommendations - Make recommendations and initiate them immediately
Follow-up - Establish a sector for implementation of recommendations

Accidents involving serious injuries

There are regulatory requirements for the investigation of accidents involving serious injuries. Such injuries are generally defined in the legislation. The following is an example of such a definition. Check OHS Legislation for the exact definition in your jurisdiction:

Critical Injury—Defined
Example: Ontario: Regulation 834 of R.R.O 1990

For the purposes of the Act and Regulations, “critically injured” means an injury of a serious nature that,

(a) places life in jeopardy;
(b) produces unconsciousness;
(c) results in substantial loss of blood;
(d) involves the fracture of a leg or arm, but not a finger or toe;
(e) involves the amputation of a leg, arm, hand or foot, but not a finger or toe;
(f) consists of burns to a major portion of the body; or
(g) causes the loss of sight in an eye.

Accident Investigation Policy

Accident investigation policies and procedures are important components of a workplace health and safety program. Committees should be part of the process in developing a policy and the necessary forms for reporting accidents, the investigation, and the follow-up. The following list gives important components of an accident investigation policy.

Steps to the Accident Investigation Process

1. Report the accident to a designated person
2. Provide first aid and medical care to the injured persons
3. Evaluate scene
4. Gather physical evidence
5. Preserve evidence
6. Record evidence
7. Gather facts
8. Interview
9. Re-enact
10. Analyze facts
11. Determine cause
12. Recommend corrective action
13. Follow-up on actions taken
14. Evaluate the effectiveness of change

To Whom Accidents Should Be Reported

The accident investigation policy should define responsibilities and procedures for reporting accidents. Generally the supervisor receives the report and initiates
the necessary action.

Provide First Aid and Medical Care to Injured Persons

The most important tasks following an accident are to provide medical treatment to the injured, prevent further injuries, and resume operations where available. These priorities must not be interfered with. When these are under control, the investigators can start their work.

Evaluate the Scene and Gather Physical Evidence

As little time as possible should lapse between the moment of an accident (or near miss) and the beginning of the investigation. The tools that members of the investigating team may need (pencil, paper, camera, film, camera flash,
tape measure, etc.) should be immediately available so that no time is wasted. It is a good practice to keep an accident investigation kit readily available.

Before anything is moved, you may want to take photographs of the general area and of specific items. Later, careful study of the photographs may reveal conditions or details previously missed. Sketches of the accident scene, based on measurements taken, may also help in subsequent analysis and clarify any written reports. Even if you do take photographs, you should also take notes about the location of broken equipment and debris, and keep samples of materials involved at the accident scene.

Gathering Physical Evidence

OBTAIN sketches and/or photos wherever possible as well as the following details:

• Positions of Injured Workers
• Equipment Used
• Materials Used
• Safety Devices (Used or “Not Used”)
• Position of Appropriate Guards
• Position of Machinery Controls
• Damage to Equipment
• Housekeeping
• Weather Conditions
• Lighting Conditions
• Noise Levels

Interviewing Tips

• Find the right place for an interview – preferably somewhere private
• Let the witness know what your role is and the reason for the investigation – you are determining cause of the accident not assigning blame
• Confirm that you have accurately recorded all the information
• Let the witness talk without interruption, intimidation, or prompting
• Keep your own emotions out of the interview. The witness may be upset so put them at ease
• Ask clarifying questions that will help witnesses explain more – not just yes or no questions
• Use positive body language – make eye contact and show you are listening
• Be sensitive
• Take good notes – keep notes brief and concise. Write down only key words. After the interview, review and fill in the blanks.

Some general questions to be asked each time;

• Where were you at the time of the accident?
• What were you doing?
• What did you see/hear?
• What were the environmental conditions (weather, light, noise, etc) at the time?
• What was/were the injured employee(s) doing at the time?
• In your opinion, what caused the accident?
• How might similar accidents be prevented in the future?

Interviewing Eyewitness

Witnesses should be interviewed as soon as possible. If witnesses have an opportunity to discuss the event amongst themselves, individual perceptions may be lost. Witnesses should be interviewed alone rather than in a group.

Re-enactment of the Accident Scene

Another technique sometimes used to determine the sequence of events is to replay them as they happened. Obviously, great care must be taken so that further injury or damage does not occur. A witness (usually the injured worker) is asked to re-enact in slow motion the actions that preceded the accident.

• To be done only when information cannot be obtained any other way.
• Demonstrate in slow motion with power off.
• Do not repeat the injury.

Determining the Root Cause

There is seldom, if ever, only a single cause of an accident.

Often we might uncover conditions as causes. It is necessary to determine underlying factors that led to such conditions. For example, an investigation which concludes that an accident was due to employee carelessness fails to seek answers to several important questions such as:

• Was the worker distracted? If yes, why was the worker distracted?
• Was a safe work procedure being followed? If not, why not?
• Were safety devices in order? If not, why not?
• Was the worker trained? If not, why not?
• Accident Causation

Task: To seek out possible causes resulting from the task(s) being done, seek answers to questions such as:

• Was a safe work procedure used?
• Have conditions changed to make the normal procedure unsafe?
• Were the appropriate tools and materials available?
• Were they used?
• Were safety devices working properly?
• Was lockout used when necessary?

For most of these questions, an important follow-up question is If not, why not?

Environment: The physical environment at the time of the accident is important, not what the usual conditions were. For example, accident investigators may want to know:

• What were the weather conditions?
• Was poor housekeeping a problem?
• Was it too hot or too cold?
• Was noise a problem?
• Was there adequate light?
• Were toxic or hazardous gases, dusts, or fumes present?

Management: Management holds the legal responsibility for health and safety in the workplace. Answers to any of the preceding types of questions logically lead to further questions such as:

• Were safety rules communicated to and understood by all workers?
• Were written procedures available?
• Were they being enforced?
• Was there adequate supervision?
• Were workers trained to do the work?
• Had hazards been previously identified?
• Had procedures been developed to overcome them?
• Were unsafe conditions corrected?
• Was equipment regularly maintained?
• Were regular safety inspections carried out?

Material: To seek out possible causes resulting from the equipment and materials used, seek answers to the following questions:

• Was there an equipment failure?
• What caused it to fail?
• Was the machinery poorly designed?
• Were hazardous substances involved?
• Were they clearly identified?
• Was a less hazardous alternative substance possible and available?
• Was the raw material substandard in some way?
• Should personal protective equipment (PPE) have been used?
• Was the PPE used?

Again, each time the answer reveals an unsafe condition, the investigator must ask why it was allowed to exist.

Personnel: The physical and mental condition of those individuals directly involved in the event must be explored, not to establish blame against someone, but to determine the cause(s) of such condition. Investigators should seek answers to the following questions:

• Were workers experienced in the work being done?
• Had they been adequately trained?
• Were they physically able to do the work?
• What was the status of their health?
• Were they tired?
• Were they under stress (work-related or personal)?

Remember that these are sample questions only. No attempt has been made to develop a comprehensive checklist.

Background information

Useful information can be found in documents such as technical data sheets, maintenance reports, past accident reports, formalized safe-work procedures, and training reports. Any pertinent information should be studied to see what might have happened, and what changes might be recommended to prevent recurrence of similar accidents.

Recommendations

Make recommendations designed to prevent similar accidents from happening again. For example, you have determined that a blind corner contributed to an accident. Rather than just recommending eliminate blind corners it would be better to suggest:

Install mirrors at the northwest corner of building X (where this accident occurred) and at other blind corners as required throughout the worksite.

NEVER MAKE recommendations about disciplining anyone who may have been at fault. This would not only defeat the real purpose of the investigation, but it would jeopardize the chances for a free flow of information in future accident investigations.

Recommendations

• be specific
• be constructive
• get at root causes
• identify contributing factors

The Written Report

When analysis is complete, jot down a step-by-step account of what happened (your conclusions) working back from the moment of the accident, listing all possible causes at each step. Check each conclusion to determine:

• whether it is supported by evidence, and
• whether the evidence is direct (physical or documentary), based on eyewitness accounts, or based on assumptions.

This account serves as a final check on discrepancies that should be explained or eliminated. An accident report generally includes the following information:

The Report

• Name of worker(s)
• Occupation(s)
• Nature of injury/damage
• Location of accident/incident
• Time of occurrence
• Sketch/photograph of the scene
• Witnesses
• Task description
• Cause of the accident
• Name of investigator
• Recommendations

Use your organization’s standard form to present your written report. In case your company does not have a standard accident reporting form, the committee may develop one or adopt an existing one. The following are samples of an accident reporting form and an accident investigation form. Modify them to suit your needs.

Inspection Checklists

The best checklist for your workplace is one that has been specifically developed to suit your needs. Remember each workplace is unique and has potential for hazards. Here are examples of items that you should consider including on your personalized checklist. Also check out the sample Inspection List and Accident Report Form in Appendix D and E, respectfully.

Environment - Dust, gases, fumes, sprays, lighting, noise, ventilation
Buildings - Windows, doors, floors, stairs, roofs, walls, elevators
Containers - Scrap bins, disposal receptacles, barrels, carboys, gas cylinders, solvent cans
Electrical - Switches, cables, outlets, connectors, grounding, connections, breakers
Fire - Protection Equipment Extinguishers, hoses, hydrants, sprinkler alarm systems, access to equipment
Hand Tools - Wrenches, screwdrivers, power tools, explosive actuated tools
Hazardous Materials - Flammable, explosive, acidic, caustic, toxic
Materials Handling - Conveyors, cranes, hoists, hoppers
Personal Protective Equipment - Hard hats, safety glasses, respirators, gas masks
Pressurized Equipment - Boilers, vats, tanks, piping, hoses, couplings, valves
Production Equipment - Mills, shapers, cutters, borers, presses, lathes
Personnel Support Equipment - Ladders, scaffolds, platforms, catwalks, staging
Powered Equipment - Engines, electrical motors, compressor equipment
Storage Facilities - Racks, bins, shelves, cabinets, closets, yards, floors
Walkways and roadways protective guards - Aisles, ramps, docks, vehicle ways
Safety Devices - Valves, emergency switches, cutoffs, warning systems, limit switches, mirrors, sirens, signs
Controls - Start-up switches, steering mechanisms, speed controls, manipulating controls
Lifting Components - Handles, eye-bolts, lifting lugs, hooks, chains, ropes, slings
Hygiene and First Aid Facilities - Drinking fountains, washrooms, safety showers, eyewash fountains, first aid supplies

Follow-up on recommendations

Action on recommendations is the responsibility of the management. The health and safety committee monitors the progress of these actions. Examples of follow-up actions are:

• Response to recommendations
• Time table of corrective actions
• Condition of injured worker
• Inform other workers at risk
• Re-orient worker on return to work

Workplace Hazardous Materials Information System (WHMIS) and Safety Data Sheets (SDS)

What is WHMIS?

WHMIS is a comprehensive plan for providing information on the safe use of hazardous materials in Canadian workplaces. This information is provided by means of:

1. product labels,
2. product classification,
3. safety data sheets (SDS), and
4. worker education programs.

What are Controlled Products?

Controlled products is the name given to products, materials, and substances that are regulated by WHMIS legislation. WHMIS uses a classification system to group chemicals with similar properties or hazards.

Is WHMIS a Law?

WHMIS 2015 was modified in February 2015 as the result of the Globally Harmonized System (GHS) implementation. WHMIS 2015 made amendments to appropriate occupational health and safety legislation and/or regulations in each federal, provincial and territorial jurisdiction.

What is the Globally Harmonized
System (GHS)?

GHS stands for the Globally Harmonized System of Classification and Labelling of Chemicals. The goal is that the same set of rules for classifying hazards, and the same format and content for labels and safety data sheets (SDS) will be adopted and used around the world.

WHMIS 2015 aligns Canada's workplace chemical hazard communication with the United States and also with Canada’s other international trading partners who have adopted the GHS.

Responsibilities Under WHMIS?

Suppliers, employers and employees all have specified responsibilities in WHMIS legislation.

Suppliers

Canadian suppliers are those who sell or import products. A supplier must label the product or container, and provide a safety data sheet (SDS) to customers.

Employers

Employers are required to establish education and training programs for workers exposed to hazardous products in the workplace. Employers must also make sure that the products are labelled and that current SDS for each product is readily available to workers.

Workers

Workers are required to participate in the training programs and to apply the safety practices they have learned when working with hazardous materials. They should inform employers when labels have been accidentally removed from containers or are no longer readable.

Governments

WHMIS is enforced by the Labour Branch of Human Resources Development Canada for federal workplaces and by the provincial or territorial ministry responsible for occupational health and safety for most other workplaces.

Health and Safety Committee

The committee assists the employer in the development and implementation of the WHMIS policy and program.

WHMIS Classifications

WHMIS uses a classification system to group chemicals with similar properties or hazards.

List of hazard classes (CCOHS)
Physical Hazards

• Flammable gases
• Flammable aerosols
• Oxidizing gases
• Gases under pressure
• Flammable liquids
• Flammable solids
• Self-reactive substances and mixtures
• Pyrophoric liquids
• Pyrophoric solids
• Self-heating substances and mixtures
• Substances and mixtures which, in contact with water, emit flammable gases
• Oxidizing liquids
• Oxidizing solids
• Organic peroxides
• Corrosive to metals
• Combustible dusts
• Simple asphyxiants
• Pyrophoric gases
• Physical hazards not otherwise classified

Health Hazards

• Acute toxicity
• Skin corrosion/irritation
• Serious eye damage/eye irritation
• Respiratory or skin sensitization
• Germ cell mutagenicity
• Carcinogenicity
• Reproductive toxicity
• Specific target organ toxicity – single exposure
• Specific target organ toxicity – repeated exposure
• Aspiration hazard
• Biohazardous infectious materials
• Health hazards not otherwise classified

Are there any hazardous materials not included in WHMIS?

Yes. There are nine basic categories of materials that are not covered by WHMIS 2015. (CCOHS)

• Explosives as defined in the Explosives Act.
• Cosmetic, device, drug or food as defined in the Food and Drugs Act.
• Pest control products as defined in the Pest Control Products Act.
• Consumer products as defined in the Canada Consumer Product Safety Act.
• Wood or products made of wood.
• Nuclear substances within the meaning of the Nuclear Safety and Control Act, that are radioactive.
• Hazardous waste being a hazardous product that is sold for recycling or recovery or is intended for disposal.
• Tobacco and tobacco products as defined in the Tobacco Act.
• Manufactured articles.

WHMIS Labeling Requirements

Labels are required by WHMIS laws, and are the responsibility of suppliers, employers and sometimes workers.

A supplier label must:

1. appear on all controlled products received
at workplaces in Canada

2. contain the following information:

• product identifier (name of product)
• initial supplier identifier (name of company that sold it)
• hazard statement (standard phrases)
• pictograms
• signal word (words that describe the main hazards of the product)
• precautionary statement (how to work with the product safely), and
• supplemental label information (what to do in an emergency)

3. have all text in English and French

Safety Data Sheets

The SDS is prepared by the supplier of the product and contains the following information:

• the potential health effects of exposure to a specific chemical product,
• how to work safely with that product,
• hazard evaluations on the use, storage, and handling,
• personal protective equipment needed, and
• emergency procedures related to the product.

In Canada, every material that is controlled by WHMIS (Workplace Hazardous Materials Information System) must be accompanied by its own SDS.

The Information on an SDS

The following sixteen (16) categories of information must be present on an SDS in Canada:

1. Identification
2. Hazard identification
3. Composition/Information on ingredients
4. First-aid measures
5. Fire-fighting measures
6. Accidental release measures
7. Handling and storage
8. Exposure controls/personal protection
9. Physical and chemical properties
10. Stability and reactivity
11. Toxicological information
12. Ecological information
13. Disposal considerations
14. Transport information
15. Regulatory information
16. Other information

When is the SDS updated?

For WHMIS 2015, the SDS must be accurate at the time of every sale or importation of the hazardous product. Suppliers have an ongoing responsibility to make sure SDSs and labels are accurate and compliant.

Employer’s Responsibilities Regarding SDS

Employers must make sure that:

• SDS must be accurate at the time of every sale or importation of the hazardous product.
• The SDS is readily available to the health and safety committee or representative.
• SDSs must be readily available to the workers who are exposed to the hazardous product.

Requirements for Joint Health and Safety Committees