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1994-089 To Adopt a Health and Safety Policy . ~ I I I il -f ii iT I II II '","' CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 94- 89 Being a By-law of The corporation of the Township of Oro-Medonte to Adopt a Health and Safety policy. WHEREAS the Occupational Health and Safety Act R.S.O. 1990, Chapter 0.1, Part III, section 25(2) provides that an employer shall prepare a written occupational health and safety policy and develop and maintain a program to implement that policy; NOW THEREFORE Council of The corporation of the Township of Oro- Medonte enacts as follows: 1. That the Health and Safety Policy attached as Schedule "1" shall be the "occupational Health and Safety Policy" of the Township of Oro-Medonte. 2. That the Mayor and Chief Administrative Officer are hereby authorized to execute the said policy on behalf of the Corporation and affix thereto the Corporate Seal. 3. That this By-law shall come into force and take effect on the final passing thereof. READ a first and second time this 18thday of May, 1994. READ a third time and finally passed this 18th day of May, 1994. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ,;(II... (' at'4r~ MAY ROBERT E. D ~A If/( 0/ ~i70/-J^rlfjP': eiERK DARLENE SHOEBRIDGE ~ ;/# TIIE CORPORATION OF TIIE TOW N ~ Ii I P Schooule "1" (3JmO~~ HEALTH & SAFETY POLICY The Corporation of the Township of Oro-Medonte is vitally interested in the health and safety of its employees. Protection of employees from injury or occupational disease is a major continuing objective. The Corporation of the Township of Oro- Medonte will make every effort to provide a safe, healthy work environment. All Department Heads, supervisors and workers must be dedicated to the continuing objective of reducing risk of injury. The Corporation of the Township of Oro-Medonte, as employer, is ultimately responsible for worker health and safety. As Mayor and Chief Administrative Officer, we give you our personal promise that every reasonable precaution will be taken for the protection of workers. Department Heads and supervisors will be held accountable for the health and safety of workers under their supervision. Department Heads and supervisors are responsible to ensure that machinery and equipment are safe and that workers work in compliance with established safe work practices and procedures. Workers must receive adequate training in their specific work tasks to protect their health and safety. Every worker must protect his or her own health and safety by working in compliance with the law and with safe work practices and procedures established by the Corporation. It is in the best interest of all parties to consider health and safety in every activity. Commitment to health and safety must form an integral part of this organization, from the Mayor, Chief Administrative Officer, Clerk and Department Heads to the workers. . INTRODUCTION INTERNAL RESPONSIBILITY SYSTEM Section 14 of the Occupational Health and Safetv Act (hereafter cited as the Act), requires in part that the employer provides to workers the means, devices, things and training so that workers can conduct the business of the employer without endangering their health or safety. This means that the employer and the line management officers of the employer are obligated to provide and maintain a safe working environment, and this includes the staff and the resources to ensure that these things occur. The responsibilities set out in the Act are not abrogated because changes or maintenance cost money or require staff. Section 16 of the Act directs supervisors to ensure that the devices or things provided for worker safety by the employer are used by workers and that safe practices are followed. It is not sufficient for supervisors to expect that all workers will intuitively do things in a safe manner without proper training and instruction. Section 17 of the Act directs workers to use or wear the equipment, protective devices or clothing that the employer requires to be used or worn. Workers must report to the supervisors the existence of any hazard of which he knows and must work in a manner which will not endanger himself or another worker. Section 8 of the Act requires that joint health and safety committees be established in workplaces to inquire into safety and health practices and to provide workers and managers with a venue to discuss, to share information concerning and to resolve, health and safety problems by consensus. ii INTERNAL RESPONSIBILITY SYSTEM . Certain rights are given to workers in the Act which ensure that they understand the health and safety factors which may influence their working environment. Section 22a of the Act, which sets out the requirements for the Workplace Hazardous Materials Information System (WHMIS), gives workers the right to know about the hazards to their health or safety that may exist or develop in a workplace. This right to know about physical, biological or chemical hazards, places specific responsibilities on the workplace parties (the employer, supervisors, managers and workers) to provide accurate, timely information (labels and material safety data sheets) and to ensure that this is understood (training). In addition to the right to be told about workplace hazards, there is an implied obligation for workers to ask about the conditions in their workplace (a duty to ask or enquire). The alliance of the workers' right to know and their duty to ask ensures that there is always a push and a pull to the circulation of health and safety information in the workplace. With certain limitation, Section 23 of the Act provides workers with the right to refuse unsafe work should the circumstances at a workplace be such that a worker has reason to believe that his or her health or safety is likely to be endangered. Taken together, and with other enforcement aspects of this legislation, these sections form an internal circle of duty such that each workplace part bears specific responsibilities to ensure that health or safety issues are identified and rectified (the internal responsibility system!. Abdication of duty by any one of workplace parties paralyses this system and produces indifference and neglect. This inevitably leads to serious or fatal injuries and brings about the intervention of the Ministry of Labour in the workplace through orders and prosecutions a . WHO IS THE EMPLOYER? The employer in the Corporation of the Township of Oro-Medonte is the elected Council and is responsible as the employer for the purposes of the Act, but for the application to a particular workplace within the Corporation of the Township of Oro-Medonte, the employer' s responsibilities are delegated to the person directly responsible for the day to day operation of the workplace (the Administrator, in the case of the Corporation of the Township of Oro-Medonte). In turn, the supervisory responsibilities set out in the Act are delegated to those line managers (Department Heads and Foremen) throughout the workplace, regardless of how the reporting structure may be arranged from time to time. The Legislation clearly states that the employer and line managers are responsible for ensuring that there is compliance with the Act. The employer hereinafter called the Corporation of the Township of Oro-Medonte. . HEALTH and SAFETY POLICY The Corporation of the Township of Oro-Medonte is vitally interested in the health and safety of its employees. Protection of employees from injury or occupational disease is a major continuing objective. The Corporation of the Township of Oro-Medonte will make every effort to provide a safe, healthy work environment. All Department Heads, supervisors and workers must be dedicated to the continuing objective of reducing risk of injury. The Corporation of the Township of Oro-Medonte, as employer, is ultimately responsible for worker health and safety. As Mayor and Administrator, we give you our personal promise that every reasonable precaution will be taken for the protection of workers. Department Heads and supervisors will be held accountable for the health and safety of workers under their supervision. Department Heads and supervisors are responsible to ensure that machinery and equipment are safe and that workers work in compliance with established safe work practices and procedures. Workers must receive adequate training in their specific work tasks to protect their health and safety. Every worker must protect his or her own health and safety by working in compliance with the law and with safe work practices and procedures established by the Corporation. It is in the best interest of all parties to consider health and safety in every activity. Commitment to health and safety must form an integral part of this organization, from the Administrator and Department Heads to the workers. Reeve Administrator . FUNCTIONS OF THE JOINT HEALTH AND SAFETY COMMITTEE AND MEMBERS 1 FUNCTIONS OF THE COMMITTEE 1.1 IDENTIFY HAZARDOUS OR DANGEROUS SITUATIONS . The joint health and safety committee has the power to identify situations in the workplace that may be dangerous or hazardous. Workplace inspections, accident investigations and incident analysis provide means by which hazards can be identified by the committee. [OHSAj90: S. 8(6){a)] 1.2 RECEIVE HEALTH AND SAFETY INFORMATION 1.2.1 HAZARDOUS MATERIALS AND PROCESSES The joint health and safety committee can obtain information from the Corporation of the Township of Oro-Medonte respecting the identification of potential or existing hazards associated with materials, processes or other things which may pose health or safety problems for workers. [OHSAj90: S. 8(6)(d),9, and 22a] 1.2.2 WORKPLACE HYGIENE TESTING RESULTS The committee members can receive information from the Corporation of the Township of Oro-Medonte concerning the conducting or taking of tests (including technical information about the testing methods or on the planning for workplace testing) on any workplace equipment or process for the purpose of occupational health and safety. [OHSAj90: S. 8(6) (e)] 1.2.3 REPORTS PERTAINING TO OCCUPATIONAL HEALTH AND SAFETY The Corporation of the Township of Oro-Medonte must provide the results of any report respecting occupational health and safety of a workplace that are in the Corporation's possession and a copy of the portions of the written report that concern occupational health and safety. [OHSAj90: S. 14(2) (k) ] 1.2.4 MATERIAL SAFETY DATA SHEETS AND HAZARDOUS MATERIALS INVENTORY The Corporation of the Township of Oro-Medonte must give to the committee copies of the hazardous materials inventory and all material safety data sheets relating to chemicals which come under the WHMIS sections of the Act. [OHSA/90: S. 22c(I){b)] -2- 1 FUNCTIONS OF THE COMMITTEE 1.2 RECEIVE HEALTH AND SAFETY INFORMATION 1.2.5 ASSESSMENT OF HAZARDOUS MATERIALS PRODUCED IN WORKPLACE . The Corporation of the Township of Oro-Medonte must provide the committee with an assessment of hazardous materials that are produced in the workplace. [OHSA/90: S. 22d(2)(b)] 1.2.6 HAZARDOUS PHYSICAL AGENTS When the regulation is made by the legislature concerning hazardous physical agents (noise, heat, light, non-ionizing radiation, vibration, etc.) which may be present or used in the workplace, the Corporation of the Township of Oro-Medonte will be required to supply specific technical and safety information on these hazardous physical agents to the committee and workers. [OHSA/90: S. 22f(2)(b)] 1.2.7 NOTICE OF FATAL OR CRITICAL INJURY OF WORKER The Corporation of the Township of Oro-Medonte must immediately notify the committee and the Ministry of Labour if a person is killed or critically injured in the workplace and must send a written report of the circumstances of the occurrence to the Ministry of Labour within forty- eight hours. [OHSA/90: S. 25(1)] The regulation respecting the definition of "Critical Injury" should be consulted for guidance on this matter. It should be noted that this regulation is not simply a check list to be used to determine if an injury is critical or not, but that there must be an iniurv of a serious nature which results in a condition set out in the regulation. The Ministry of Labour should be consulted for advice if a question arises as to whether or not a particular injury is considered a "critical injury", and it is advisable for the employer to ensure that a joint investigation is conducted into all serious accidents. [RRO 714/82] -3- 1 FUNCTIONS OF THE COMMITTEE ~ RECEIVE HEALTH AND SAFETY INFORMATION 1.2.8 NOTICE OF NON-CRITICAL INJURY OR OCCUPATIONAL ILLNESS OF WORKER .. If the worker sustains a non-critical injury from a workplace accident and requires medical attention, the employer must give notice in writing within four days of the accident to the committee and the Ministry of Labour. The Corporation of the Township of Oro-Medonte must also advise the committee and the Ministry of Labour if a worker has developed an occupational illness or if a worker has filed a claim, for compensation for an occupational illness with the Workers' Compensation Board. [OHSA/90; S. 26(1) and 26(2)J 1.2.9 HEALTH AND SAFETY INFORMATION Any and all information pertaining to health and safety be referred to the Health and Safety Committee. 1. 2 .10 MINISTRY OF LABOUR REPORTS When a Ministry of Labour inspector issues a report of an inspection, an industrial hygiene study or issues orders to the Corporation of the Township of Oro-Medonte, the Corporation of the Township of Oro-Medonte must provide a copy or copies of the report to the committee and must ensure that a copy is posted in a conspicuous place in the workplace. [OHSA/90: S. 29(6)] 1.3 TRAINING OF WORKERS ANO MEMBERS 1.3.1 PRESCRIBED BY REGULATION The Corporation of the Township of Oro-Medonte will be required to carry out training programs for workers, supervisors and committee members as the regulations issued under the Act may specify from time to time. The Ministry of Labour may specify in the future exactly the nature and degree of health and safety training workers are required to undertake. [OHSA/90; S. 15(1) (j) J 1.3.2 CONCERNING WHMIS INFORMATION FROM COMPUTER The Corporation of the Township of Oro-Medonte must teach all workers who work with or in proximity to hazardous materials and the members of the committee how to retrieve material safety data sheets from a computer terminal, if that is the only source of that information in the workplace. [OHSA/90; S. 22c(5A)(c)] -4- 1 FUNCTIONS OF THE COMMITTEE ~ CONSULTATION 1.4.1 HYGIENE TESTING OF WORKPLACE . The joint health and safety committee has the right to be consulted about and to have a designated member of the committee representing workers present at the beginning of testing which may be conducted for the purpose of assessing the occupational health and safety at the workplace. [OHSA/90: S. 8(6) (f) ] 1.4.2 HAZARDOUS INVENTORY In consultation with the committee, the Corporation of the Township of Oro-Medonte must prepare an inventory of all hazardous materials and all hazardous physical agents (as may be defined by future regulation) that may be present in the workplace. [OHSA/90: S. 22a(2) (b)) 1.4.3 WHMIS TRAINING TO BE DEVELOPED AND IMPLEMENTED The Corporation of the Township of Oro-Medonte must develop and implement the WBMIS instruction and the training program in consultation with the committee. [OHSA/90: S. 22g(2)J 1.4.4 REVIEW OF WHMIS TRAINING PROGRAM In consultation with the committee, the Corporation of the Township of Oro-Medonte must review the WHMIS training and instruction provided to workers and the workers' familiarity with that training at least annually or more often as the committee may advise. [OHSA/90: S. 22g(3) and 22g(4)(a)) -5- 1 FUNCTIONS OF THE COMMITTEE 1.5 RECOMMEND ACTION TO EMPLOYER AND WORKERS e The most important power that the committee has is to recommend to Corporation of the Township of Oro-Medonte and to workers the ways means of improving the health and safety of workers, and to recommend establishment, maintenance and monitoring of programs, measures procedures respecting the health and safety of workers. [OHSA/90: S. 8(6)(b) and (C)J the and the and The Corporation of the Township of Oro-Medonte is required to respond in writing to any written recommendation provided to the Corporation of the Township of Oro-Medonte by the committee. This written response by the Corporation of the Township of Oro-Medonte must contain a timetable for implementing the recommendations that the Corporation of the Township of Oro-Medonte agrees with, and must give reasons why the Corporation of the Township of Oro-Medonte disagrees with any recommendations that the Corporation of the Township of Oro-Medonte does not accept. The written response from the Corporation of the Township of Oro-Medonte must be made within twenty-one (21) days of the employer having received the written recommendations from the committee. [OHSAj90: S. 8(6b) and 8(6c)] It is essential for the committee to have identified a legitimate health or safety problem in the workplace that can not be resolved by the workers and supervisors in the particular work area when considering a recommendation to the employer. All background information should be collected and considered by the committee before coming up with possible solutions which must relate directly to the problem identified. The committee must provide concrete options for the rectification of the problem, if the advice provided by the committee to the Corporation of the Township of Oro-Medonte is to be seen as credible and is to be acted upon. An agreement by the committee as to an appropriate recommendation is easier to obtain when the preparatory work and information gathering have been done systematically and thoroughly. The nature of the problem and the reasoning behind the recommendation must be clearly set out by the committee so that those who have to consider it will have the benefit of all the deliberations on the subject by the committee. \ -6- 1 FUNCTIONS OF THE COMMITTEE ~ ASSISTANCE . The corporation of the Township of Dro-Medonte, supervisors, managers and all other persons at the workplace must give the assistance and co- operation necessary to the committee or to a member of the committee when carrying out their functions or duties. [DHSA/90: S. 14(2) (d) J 1.7 ACCOMPANY INSPECTOR The Corporation of the Township of Oro-Medonte must give a committee member representing workers an opportunity to accompany a Ministry of Labour inspector during the physical inspection of a workplace. The committee member must be paid at the normal or applicable rate of pay for the time spent in accompanying an inspector. [OHSA/90: S. 28(3) and 28(5)) 1.8 FREEDOM FROM HINDERANCE OR INTERFERENCE No person can hinder, interfere with or furnish false information to a committee or a committee member while they are performing their duties under this Act. [OHSA/90: S. 33(5)J 1.9 INFORMATION TO BE CONFIDENTIAL Members of the committee are required to keep confidential certain information obtained because of their position. This includes personal information about workers which may be revealed during discussions of accidents, occupational illnesses or other matters. [OHSA/90: S. 34(1)) 1.10 FREEDOM FROM PROSECUTION If the members of the committee conduct the business as set out in the Act in good faith, no legal proceeding for damages can be brought against them. [OHSA/90: S. 36(1)) This does not imply that committee members are immune from penalty respecting conduct of their business. Deliberate wrongdoing by committee members or misuse of information obtained by virtue of their position can be prosecuted under the Act and would also involve disciplinary procedures by the employer. e DUTIES OF THE JOINT HEALTH AND SAETY COMMITTEE WORKER MEMBERS -7- 2 DUTIES OF WORKER MEMBERS 2.1 SELECTION OF MEMBERS FOR COMMITTEE The worker of the workplace must select worker members for the committee from those workers who do not exercise managerial functions. These worker members must in turn select one of their number to act as a co-chair to the committee. [OHSA/90: S. 8(5) and 8(5a) to (5e)] It 2.2 INSPECT THE WORKPLACE The worker members of the committee must designate at least one of their members (preferably a certified member) to inspect the workplace (or part of the workplace) at least once per month, according to a schedule agreed upon by the committee. All persons in the workplace must provide assistance and information to the designated worker member(s) who is performing the inspection. The member performing the inspection must report back to the committee any dangerous or hazardous situations that are found. [OHSA/90: S. 8(8) and 8(8a to 8g)J 2.3 WORKPLACE HYGIENE TESTING The worker members of the committee must designate one of their number to be present at the beginning of any occupational hygiene testing conducted in the workplace. [OHSA/90: S. 8(6a)J 2.4 INVESTIGATION OF FATAL OR CRITICAL INJURIES The worker members of the committee must designate one of their number to investigate cases where a worker is killed or critically injured in the workplace. A report of the investigation conducted by the worker member must be provided to the committee and to the Ministry of Labour. [OHSA/90: S. 8(9) ] It is advisable for representatives of the Corporation of the Township of Oro-Medonte and worker members of the committee to conduct a joint investigation of critical or other serious accidents and to prepare a report concerning the investigation which will be submitted to the Corporation of the Township of Oro-Medonte and the Ministry of Labour as required. -8- 2 DUTIES OF WORKER MEMBERS 2.5 ATTEND AT A WORK REFUSAL . One of the worker members of the committee must be available to be present at the investigation of a work refusal. If a worker believes his work or certain physical conditions of the workplace are likely to endanger him and he exercises his right to refuse that work, the Corporation of the Township of Oro-Medonte or the worker's supervisor must investigate the circumstances of the work refusal in the presence of the worker who is refusing to work and a member of the committee who represents workers (preferably the worker certified member). [OHSA/90: S. 23(4) ] 2.6 NOTIFY OTHER WORKERS OF A CONTINUING REFUSAL No other worker or workers can be assigned to do the work that a worker has refused to do while the matter is being investigated by an inspector unless a worker committee member (preferably the worker certified member) is present during an explanation made to the replacement worker of the reasons why the original worker has refused to do the work. [OHSAj90: S. 23(12}] 2.7 COMPLIANCE WITH MOL ORDERS: REQUIREMENT TO ADVISE INSPECTOR When the Corporation of the Township of Oro-Medonte gives notice of compliance with an order made by an inspector from the Ministry of Labour, work may resume if, before the resumption of work, a committee member representing workers advises the inspector that, in the opinion of that committee member, there is compliance with the order. [OHSAj90: S. 29(4a}] 2.8 COMPLIANCE WITH MOL ORDERS: REQUIREMENT TO SIGN COMPLIANCE FORM The Corporation of the Township of Oro-Medonte must provide the Ministry of Labour with a written notice that the employer has complied with an order issued by an inspector. The notice must be signed by the Corporation of the Township of Oro-Medonte and must be accompanied by a statement of agreement or disagreement with the contents of the notice signed by a member of the committee representing workers. [OHSAj90: S. 30a(2)] 3 3.1 4 . -9- DUTIES OF A CONSTRUCTOR It is the duty of a constructor to comply with the Act. DUTIES OF THE EMPLOYER If you are an employer in Ontario who is covered by the Act, you have an obligation to: instruct, inform and supervise workers to protect their health and safety (section 14(2)(a)); assist in a medical emergency by providing any information - including confidential business information-to a qualified medical practitioner who requests the information in order to diagnose or treat any person (section 14(2)(aa)); appoint competent 'Competent person' she must: persons as supervisors (section 14(2)(b)). has a very specific meaning under the Act. He or be qualified - through knowledge, training and experience - to organize the work and its performance; be familiar with the Act and the regulations that apply to the work being performed in the workplace; know about any actual or potential danger to health and safety in the workplace; * inform a worker, or a person in authority over a worker, about any hazard in the work and train that worker in the handling, storage, use, disposal and transport of any equipment, substances, tools, material, etc. (section 14(2) (c)); help committees and health and safety representatives to carry out their duties (section l4(2)(d)); * Employers may appoint themselves as supervisors if they meet all three qualifications (section 14(3)). -10- not employ underage workers or knowingly permit underage persons in or near the workplace (sections l4(e)(e) and (f)); * . take every precaution reasonable in the circumstances for the protection of a worker (section l4(2)(g)) post in the workplace a copy of the Occupational Ac~, as well as explanatory material prepared by outlines the rights, responsibilities and duties material must be in English and the majority workplace (section l4(2)(h)); Health and Safety the ministry that of workers. This language in the prepare a written occupational health and safety policy, review that policy at least once a year and set up a program to implement it (section l4(2)(i)). post a copy of the occupational health and safety policy in the workplace, where workers will be most likely to see it (section 14 (2) (j)); provide the joint committee or the health and safety representative with the results of any occupational health and safety report that the employer has. If the report is in writing, the employer must also provide a copy of the relevant parts of the report (section l4(2)(k)); advise workers of the results of such a report. If the report is in writing, the employer must, on request, make available to workers copies of those portions that concern occupational health and safety (section 14(2)(1)); * The definition of 'underage' worker or person varies according to workplace. For example, a person must be at least 18 years old to work in an underground mine; 16 years old to work on a construction project or in a logging operation; 15 to work in a factory; and 14 to work in any other workplace, such as a restaurant, store or office. These and other minimum age requirements are set out in various safety regulations under the Act. -11- . ensure that every part of the physical structure of the workplace can support all loads to which it may be subjected, in accordance with the Building Code Act and any standards prescribed by the ministry (section 14(1)(e)). This duty also applies to the se1f- employed. the work 'prescribed' appears in many sections of the Act. It means that a regulation must exist in order to put into effect the requirements of that section. Where there is no regulation, the requirements of that section are not in force. Employers and supervisors have an regulations apply to their workplaces. an inspector should be consulted. obligation to know which If there is any uncertainty, Here is a list of duties of employers under the Act, which may be prescribed. Where there is a regulation, an employer must: provide and maintain in good condition any prescribed equipment, materials and protective devices (sections 14(1)(a) and (b)); ensure that the above are used in accordance with the regulations (section 14(1)(d)); carry out any measures and procedures that are prescribed for the workplace (section 14(1)(c)); keep and maintain accurate records, as prescribed, of the handling, storage, use and disposal of biological, chemical or physical agents (section 15(1)(c)); notify a director of the Ministry of Labour of the use or introduction into a workplace of any prescribed biological, chemical or physical agents (section 15(1)(e)); monitor, physical (section as prescribed, the levels of biological, agents and keep and post accurate records of 15 (1) (f)); chemical or these levels -12- comply with worker to 15(1)(g)); a prescribed standard that limits the exposure of a biological, chemical or physical agents (section . keep, maintain and make available to workers prescribed records of worker exposure to chemical, biological or physical agents (section 15(1) (d)); establish and maintain an occupational health service for workers, as prescribed (sections 15(1)(a) and (b)); provide prescribed medical surveillance programs and safety-related medical examinations and tests, for the benefit of workers (sections 15(1)(ga) and (gb));* ensure, where prescribed, that prescribed medical examinations, found physically fit to work, workplace (section 15(1)(h)); only workers who have taken any tests or X-rays and who have been be allowed to work or be in a where so prescribed, provide a worker with written instructions on the measures and procedures to be taken for his or her protection (section 15(1)(i)); and, carry out any prescribed training programs for workers, supervisors and committee members (section 15(1)(j)); incidents shall be reported on the standard incident report form (see Appendix A). * Where the law requires a medical surveillance program, employers must offer it to workers. Workers do not have to participate in such a program; they must agree to do so voluntarily (section 17(3)). (Workers must take safety-related medical examinations, such as the ones required for hoist operators.) If a worker participates in a medical surveillance program, the employer must pay the costs, including the worker's reasonable travelling costs (section 15(3)). The worker is considered to be at work during the time spent undergoing the examinations or tests and must be paid at the regular or premium rate, whichever is applicable. . -13- 5 DUTIES OF WORKERS Workers also have several general duties under the Act. take responsibility for personal health and safety insofar able. Under the Act, a worker must: A worker must as he or she is work in compliance with the Act and regulations (section 17(1)(a)); use or wear any equipment, protective devices or clothing required by the employer (section 17(1)(b)); report to the employer or supervisor any known missing or defective equipment or protective device that may be dangerous (section 17(1)(c)) ; report any known workplace hazard to the employer or supervisor (section l7(1)(d)); report any known violation of the Act or regulations to the employer or supervisor (section l7(1)(d)); not remove or make ineffective any protective device required by the employer or by the regulations (section 17(2)(a));* not use or operate any equipment or work in a way that may endanger any worker (section l7(2)(b)); and not engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct (section l7(2)(c)); * The only exception to this rule is if one can provide an adequate temporary protective device. Once there is no longer a need to remove the required protective device or to make it ineffective, it must be replaced immediately. For example, it may be necessary to remove a protective device on a saw in order to cut an unusually large piece of material. In such a case, no one may operate the saw until it has a temporary protective device that will prevent injury. After this operation is complete, the saw's regular protective device must be immediately replaced. . -14- where so prescribed, have, at the expense of the employer, such medical examinations, tests or x-rays, at such time or times and at such place or places as prescribed (section 17(1)(e)); and incidents shall be reported on the standard incident report form (see Appendix A). 6 DUTIES OF EMPLOYERS CONCERNING TOXIC SUBSTANCES In workplaces where there are toxic or hazardous sUbstances, employers have many specific duties. These are described in part 4 of the Act, "Toxic Substances". 7 NOTICES REQUIRED FROM EMPLOYERS If workplace accidents or illnesses occur, the employer has the following duties to notify certain people: If a person has been critically injured or killed on the job, the employer must immediately notify an inspector, the joint committee (or health and safety representative) and the union, if there is one. This notice must be by direct means, such as by telephone, telegram or facsimile. Within 48 hours, the employer must also notify, in writing, a director of the Ministry of Labour, giving the circumstances of the Occurrence and any information that may be prescribed (section 25(1)). If an accident, explosion or fire occurs and a worker is disabled or requires medical attention, the employer must notify a director of the Ministry of Labour, the joint committee (or health and safety representative) and the union, if any, within four days of the accident. This notice must be in writing and must contain any prescribed information (section 26(1)). If an employer is told that a worker has an occupational illness or that a claim for an occupational illness has been filed with the Workers' Compensation Board, the employer must notify a director of the Ministry of Labour, the joint committee (or health and safety representative) and the union, if any, within four days. This notice must be in writing and must contain any prescribed information (section 26(2)). The duty to notify applies not only to current employees but also to former ones (section 26(3)). Even if no one is hurt, written notice of an accident or unexpected event that could have caused an injury at a construction site or in a mine or mining plant is required from the constructor of the project or owner of the mine or mining plant. This notice must be given to a director of the Ministry of Labour, the joint committee (or health and safety representative) and the trade union, if any, within two days and must contain any prescribed information (section 27) . . -15- 8 DUTIES OF SUPERVISORS The Act sets out certain specific duties for workplace supervisors. A supervisor must: ensure that a worker complies with the Act and regulations (section 16(1)(a)); ensure that any equipment, protective devices or clothing required by the employer is used or worn by the worker (section 16(1)(b)); advise a worker of any potential or actual health or safety dangers known by the supervisor (section 16(2)(a); if prescribed, provide a worker with written instructions about the measures and procedures to be taken for the worker's protection (section 16(2)(b)); take every precaution reasonable in the circumstances for the protection of workers (section 16(2)(c)); and incidents shall be report on the standard incident report form (see Appendix A). . . APPENDIX "A" TOWNSHIP OF ORO-MEDONTE STANDARD INCIDENT REPORT FORM Send copies to Foreman/Supervisor, Department Head and Joint Health & Safety Committee NAME & ADDRESS Description of Incident: * Exact location & time which incident occurred * Job that the worker was performing at the time of injury . Exact job task/step that the worker was performing at the time of injury * What occurred * Relevant background information * The worker's position relative to the surroundings * How was the worker performing the task . What caused the incident Type of Accident: Caught between, Caught on, Contacted by, Contacted with, Exposure to, Fall different level, Fall same level, Strain/overexertion, Struck against, Struck by NAMES OF WITNESSES: Was First Aid Given? Yes No By Whom: Was Medical Aid Required? (Ambulance, hospital, doctor notified) No Yes Was safe work procedure established and available? Yes No Was the job procedure adequate? Yes No Was the safe work procedure used to train the worker? Yes No . . -2- What was the basic cause of the incident? circle one item in each column. UNSAFE CONDITION UNSAFE PRACTICE Lacks guards/safety devices of/inadequate warning systems Fire/explosion Operating/using equipment without authority Lack Operating/working at unsafe speed Unexpected movement Failure to secure against movement Poor housekeeping Removing safety device Protruding objects Using defective tools/equipment Close clearance/congestion Using tools/equipment unsafely Unsafe position/posture Riding moving equipment Equipment not locked out Fixing energised equipment Atmospheric condition Arrangement/placement/storage Defective tools/equipment Horseplay Failure to wear PPE other Poor lighting None of the above Noise Hazardous clothing Other None of the above . --. -3- CIRCLE MANAGEMENT FACTORS THAT CONTRIBUTED TO THE INCIDENT Design Factor - Was the design of any part of the workplace a factor? Maintenance Factor - Were the maintenance procedures at the workplace a factor? Training Factor - Was/were the worker(s) involved in the incident properly trained for the job that was being performed? Operating Procedures - Were the workplace/equipment operating procedures a factor in the incident? Physical Condition of Worker - Was the physical condition of the worker a factor in the incident? Job Practices - Were any job safety practices not followed in the incident? Human Factors - Did human factors contribute to the incident? Environmental Factors - Did environmental factors contribute to the incident? CIRCLE FACTORS THAT CONTRIBUTED TO UNSAFE CONDITIONS: Worn out from normal use, abuse/misuse by worker(s), required inspection not occur, regular inspection not required, housekeeping failure, regular housekeeping not required, inadequate ventilation, congestion/lack of space, unsafe design, faulty construction, inadequate lighting, lubrication failure, corrosion/rusting exposure, exposed to vibration, extreme temperature exposure, tampering, unauthorized removal, supervisor failed to correct, unable to determine cause, other than above CORRECTIVE MEASURES TAKEN - CIRCLE ACTION(S) TAKEN: Retrain person(s) involved, retrain worker(s), reprimand person(s) involved, discipline person(s) involved, temporary re-assignment of person, permanent reassignment of person, action to improve inspection, action to improve housekeeping, job safety analysis done, revise job safety analysis, repair/replace equipment, improve design, improve construction, install guard/safety device, relieve congestion, improve PPE, perform regular pre-job instruction, use safer materials, manufucturer inspected equipment, inform all supervisory staff, other