CH-1-2 Introduction – Management of Occupational Health and Safety : Book Guide

This Document Contains Chapters 1 to 2 CHAPTER 1 Introduction Essential Outcome After completing the lesson on this chapter, if nothing else, my students should be able to explain the importance of occupational health and safety from the perspectives of each of the stakeholder groups described in the chapter, and have considered how human resources management and practice links to occupational health and safety. Learning Outcomes After completing this chapter, students should be able to: define occupational health and safety, occupational injury, and occupational illness describe the financial and social costs associated with occupational injuries and illnesses trace the development of modern models of health and safety management list and describe the role of the major stakeholders in occupational health and safety explain the connection between human resource management and occupational health and safety describe the links between human resource practices and health and safety Key Concepts Occupational health and safety has evolved over time, beginning in Canada in the late 1800s and becoming formalized through the implementation of legislation such as the Canadian Labour (Standards) Code and the Canadian Labour (Safety) Code in the 1970s. The attitude towards responsibility for health and safety has shifted from the worker to a more balanced responsibility shared by the employer and the employee. Health and safety is important to employers, employees and the general public because workplace accidents and injuries have significant economic, legal, and moral/ethical implications. The major stakeholders in occupational health and safety include government, employers, employees, and organized labour. Health and safety professionals and human resources professionals play key roles in the administration and implementation of occupational health and safety programs and services. Student Motivation Students who are taking this course as part of a Human Resources Management program will be interested in learning through this introductory chapter about how occupational health and safety fits within the HRM framework, and may be motivated enough to consider making occupational health and safety their HR specialty. Students taking the course as a stand-alone course or for other reasons may be motivated to learn about the history and development of occupational health and safety by contemplating their own safety concerns as workers, and by comparing their own experiences to those of workers who have gone before them without the health and safety benefits and safeguards they currently enjoy. Barriers to Learning Students who have never worked in sectors with significant or obvious health and safety risks (manufacturing, construction, mining/forestry, etc.) may have some difficulty relating directly and personally to the issues introduced in this opening chapter. Even so, students whose work experience is limited to retail or clerical functions will still have had some experience with occupational health and safety, even if only limited to basic WHIMIS training or information. Other students may have some perceived bias (either positive or negative) relating to labour unions, which are described in this opening chapter as key stakeholders in occupational health and safety. This possibility presents an opportunity for instructors to poll or otherwise engage their class in a discussion about their views, and to encourage learners to reflect on (and perhaps challenge) their assumptions and attitudes. Finally, some students may come to this class with the mindset that responsibility for occupational health and safety “belongs to someone else,” such as their employer, the government, or a health and safety agency. Through this introductory chapter, be sure to reinforce the central concept that occupational health and safety is a shared responsibility of multiple stakeholders, inclusive of each and every working individual. Engagement Strategies and Lesson Plan 1. Engaging Students at the Outset b. Learning objective: At the completion of this activity, students will have identified factors that contribute to a safe learning environment, and will have related those aspects to the topic of creating safe work environments. As this is likely the first meeting of the class, during the first 10 minutes use the major lesson theme of safety to help set the tone for creating a safe and effective learning environment. Using either a “think–pair–share” approach or an “image map” handout (a page with random clip art images students can use as representative symbols), ask students to identify things that to them represent an effective learning environment. After sufficient contributions have been recorded on a flip chart or white board, look for themes and use them to create a “class charter” with which you and the students will co-create and share responsibility for creating and maintaining this positive and safe environment for learning. For example, “charter” items that may emerge could include things like “it feels safe to ask questions,” “we will respect time by starting and ending class on time,” “we will talk one at a time, unless working on group activities,” etc. (NB: Be sure to record the charter for electronic posting or to print and distribute at the beginning of the next class.) By placing an emphasis on co-creating a safe environment for learning, you can effectively link this exercise to the importance of co-creating and maintaining a safe working environment, thus creating an excellent bridge to the course topic. 2. Lesson Engagement Strategies Learning objective: At the completion of this activity, students will have identified with the issue of workplace injury and put a human face on workplace injury statistics. In introducing this chapter, Figure 1.1 (page 5) and Figure 1.2 (page 6) illustrate important statistics on the prevalence of workplace injuries and deaths in Canada. To help make these statistics more real to students, instigate some form of polling to find out how many students have at some point in their working lives themselves been injured, and/or personally know someone who has been injured while at work. This could be accomplished through a simple show of hands or the use of “clickers,” or by asking students to pair up and interview each other on the topic. Learning objective: At the completion of this activity, students will have reflected on the economic cost of work-related injury and considered how a work-related injury might affect them personally. When discussing the economic costs of work-related injury (pages 8–10), ask students to reflect on what the financial impact on them might be if they suddenly found themselves unable to work and therefore earn money, and discuss with a partner. How might a complete or partial loss of income affect them? How might it affect others who depend on them? Encourage the students to put themselves in the place of an injured worker, or of an employer who depends on the productivity of a worker who is no longer available due to an injury at work. This reflective activity will help to put a human face on the statistics discussed earlier in the chapter. Learning Objective: At the completion of this activity, students will have identified the various responsibilities for workplace health and safety borne by each of the major stakeholder groups identified in the chapter. In the section “The Stakeholders” (pages 11–16) prepare and post a flip chart sheet for each of the four stakeholder groups (government, employers, employees, organized labour) and have students freely move from chart to chart recording their thoughts and understanding of health and safety responsibilities for each group. When their ideas are exhausted, review the charts comparing their contributions to the information in the text, and discuss/comment on any additional or missing aspects. Learning Objective: At the completion of this activity, students will have discussed the four major aspects identified in the chapter related to role of human resources in occupational health and safety. When reviewing the role of human resources in health and safety (pages 16–19) have students pair up again (same or different partner used in activity “b,” above) and briefly discuss the four areas described. To reinforce the growing role of occupational health and safety in the field of human resources management, show the class one or two current job postings for occupational health and safety specialists (possibly from www.Monster.ca or www.Workopolis.ca). 3. Lesson Plan Notes Introduction—Occupational Health and Safety (OH&S) Stakeholders Engage students in a discussion about the three principal rights that provide the basis for much of the health and safety legislation in Canada. Employers and employees both play a vital role in the fulfillment of the basic right to participate in knowing, identifying, and correcting OH&S problems. The right to refuse dangerous work without penalty. The right to participate in identifying and correcting health and safety problems. The right to know about hazards in the workplace. The Importance of the Management of Occupational Health and Safety in Organizations Engage students in a discussion about the factors that underlie the need for human resource managers to understand and implement effective OH&S policies and programs. New technologies have led to new health and safety concerns (i.e., repetitive strain injury and computer vision syndrome). The public’s decreased tolerance for work-related hazards. Rising direct and indirect costs associated with workplace injuries and illnesses. Organized labour ensuring both the proper management of workplace safety and bringing emerging OH&S issues to management’s attention. Legislation requires employers to take every reasonable precaution to ensure the safety of their employees (due diligence). Employers have a moral obligation to employees, their families, and the community to provide a safe work environment. Historical Development of Modern OH&S Discuss historical examples of injuries and illnesses that brought world attention to industrial and technological hazards. Engage the students in a discussion about historical work-related concerns that occurred before and during the Industrial Revolution, leading to a discussion of new workplace injuries and illnesses due to the advent of new technologies. You can show pictures, tell stories, and give examples of early tragedies (i.e., Alice in Wonderland “Mad Hatters” were men who became mad due to mercury poisoning while manufacturing felt hats; Japanese families living in fishing villages ate fish contaminated by mercury dumped into the water by manufacturing companies, leaving their children born with physical and mental birth defects; and exposure to chemicals and dust in manufacturing companies led to severe respiratory and skin diseases). These historical events brought the world’s attention to workplace hazards. Refer to OH&S Notebook 1.1, “Preventing Computer Vision Syndrome,” as an example of new workplace OH&S concerns. Ask students for examples of current workplace injuries or illnesses that are in the news. Give an overview of the development of Canadian OH&S standards and legislation that grew out of society’s emerging concern (historical tragedies) about workplace OH&S. Use PowerPoint slides. In 1889, the Royal Commission on the Relations of Capital and Labour in Canada made several recommendations about improving OH&S, including these: Establishment of standards and mandated regular inspections. A system for compensating victims of industrial accidents, regardless of fault. That a labour bureau be created to oversee these activities. In 1974, the Royal Commission on the Health and Safety of Workers in Mines, formed by the Ontario government, was the first to articulate the three principal rights of workers that continue to be enshrined in current legislation. These rights provide the basis for much of H&S programming in Canada. The right to refuse dangerous work without penalty. The right to participate in identifying and correct OH&S problems. The right to know about hazards in the workplace. In 1988, legislation was passed that established the Workplace Hazardous Materials Information System (WHMIS). In 1994, the Ontario Workmen’s Compensation Act (first province) provided lost-time wages to injured workers. Following the First World War, federal and provincial governments began to enact legislation to protect workers from accidents and illnesses; it addressed compensation, employer liability, and workplace practices. In 2003, Bill C-45 (also called the Westray Bill—the Act to amend the Criminal Code) established a duty in criminal law (criminal liability of organizations) to protect the health and safety of everyone in the workplace. (Refer to the text OH&S Today 1.3, “A Predictable Path to Disaster at Westray”). CBC has a video on the Westray Disaster. In conclusion, highlight that the result of continued improvements to OH&S legislation has led to a continued decline in the number of workplace accidents. Changing Perspectives On Risk and Liability Ask the students if they believe certain individuals are more likely to be involved in accidents than others (i.e., accident proneness). Engage students in a discussion about how historical attitudes and thinking, about OH&S and liability have changed over time. Before the early 1900s, the assumption of risk stated that when a worker accepted employment, he or she also accepted the risks associated with that job and workplace. The attitude of both employers and employees was that occupational injuries were caused by worker carelessness, accident proneness, and the worker’s failure to act safely. Few workers were compensated unless it was solely the responsibility of the employer. Modern OH&S attitudes, thinking, and liability recognize that enhancing OH&S requires cooperation and a shared responsibility among multiple stakeholders, such as government, employers, and workers. Following the First World War, federal and provincial governments began to enact legislation to protect workers that included compensation, employer liability, and workplace practices to prevent accidents and illnesses. Bill C-45 established organizational liability under the Criminal Code. Conclude by emphasizing that the change in attitudes, thinking, and liability about OH&S from the careless worker to the shared responsibility approach has led to improved workplace OH&S. E. Health and Safety Financial and Social Costs Ask students to list (and calculate if possible) the financial costs of an injury or illness in their workplace. Have students share their lists (and calculations). List all the financial costs in two columns (direct and indirect) on a white board/overhead/computer projector screen. Examples of direct costs that can result from a work-related injury or illness: worker’s lost time investigation time finding/training replacement worker increased WCB premiums Examples of indirect costs that can result from a work-related injury or illness: potential increase in WCB assessment potential fines and legal costs family impact/stress pain and suffering from long-term effects of injury employee stress Refer to the text OH&S Today 1.1, “Direct and Indirect Costs of Injury,” to illustrate additional examples of indirect and direct costs that can result from a work-related injury. Expand on other costs such as these: unhealthy behaviour, work stoppages and strikes, negative publicity caused by a death or serious public health problem, failure to retain employees, emotional impact, and increased WCB insurance premiums. Refer to OH&S Today 1.2, “The Costs of Unhealthy Behaviour,” and OH&S Notebook 1.4, “Does Cost Motivate?” Go to the WorkSafe BC website’s Small Business WorkSafe Safety Calculator to summarize the cost calculations for specific injuries and industries. If the students have access to the Internet they can use the WorkSafeBC Small Business Safety Calculator or the Tourism and Hospitality Safety Calculator (www.worksafebc.com) to create their own accident scenario and calculate the accident costs for their industry, including incident, investigation, damage, replacement, and production costs. Ask students to discuss other reasons, besides economic, that should be considered in the control of workplace hazards. Engage the students in a discussion about the legal, moral, and social reasons to ensure workplaces are safe. Assessment Tools To quickly assess student learning against the chapter learning outcomes, at the end of the class: Ask for volunteers to recall the definitions of occupational health and safety, occupational injury, and occupational illness without referring to their notes or the text. Refer back to learning activity “b” and ask students to summarize the key points of their conversations. Conduct a brief pop quiz of the key events and legislative timelines described on pages 6 and 7. Refer back to the stakeholder flipcharts created in learning activity “c.” Refer back to the student conversations during learning activity “d,” and ask a few students to reiterate their key take-away from the discussion. Reflections on Teaching Good teaching requires the practice of ongoing self-assessment and reflection. At the completion of this lesson, you may find it helpful to reflect on the following, and consider whether or not you want or need to make any adjustments for subsequent lessons. What worked in this lesson? What didn’t? Were students engaged? Were they focused or did they go off on tangents? Did I take steps to adequately assess student learning? Did my assessments suggest that they understood the key concepts? What (if anything) should I do differently next time? How can I gather student feedback? How can I use this feedback for continuous improvement of my teaching? Additional Resources Weblinks for Occupational Health and Safety specialists job postings: www.monster.ca www.workopolis.ca WorkSafe BC DVD. Lost Youth Video—Four Stories of Injured Young Workers. Michael, Jennifer, John, and Nick all speak of losing their youth after suffering serious workplace accidents. Through dramatic recreations of these accidents and one-on-one discussions with the young people and their parents, Lost Youth tells four stories of lives forever altered. The video and class discussion guide can be downloaded from http://www2.worksafebc.com/Topics/YoungWorker/Resources-YoungWorkers.asp. A list of other DVD titles can be accessed at WorkSafeBC Library Services: http://www.worksafebc.com/about_us/library_services/assets/pdf/videos_titles.pdf. Suggested Answers to Cases and Exercises Discussion Questions 1. Why have people historically been more concerned about work-related injuries than work-related illnesses? Answer: The effects of industrial diseases often do not become apparent or visible for years, are indirect, and are complicated by many other factors, which can range from lifestyle to lack of knowledge/research to unsafe acts. Workplace injuries, on the other hand, are immediate, direct, and highly visible, often involving emergency situations. 2. How has our understanding of personal liability for accidents changed over the years? Answer: Attitudes, thinking, and liability about OH&S historically were quite different from today. Before the early 1900s, the assumption of risk stated that when a worker accepted employment he or she also accepted the risks associated with that job and workplace. The attitude and belief of both employers and employees was that occupational injuries were caused by worker carelessness, accident proneness, and the worker’s failure to act safely. Few workers were compensated unless it was solely the responsibility of the employer. Modern OH&S attitudes, thinking, and liability recognize that enhancing OH&S requires cooperation and a shared responsibility among multiple stakeholders, such as government, employers, and workers. Following the First World War, federal and provincial governments began to enact legislation to protect workers; these new laws addressed compensation, employer liability, and workplace practices to prevent accidents and illnesses. Bill C-45 established organizational liability under the Criminal Code. 3. For what reasons, besides humanitarian ones, should workplace hazards be controlled? Answer: Employers, employees, and the public should control workplace hazards for economic and legal reasons. Directly and indirectly, work-related injuries and illnesses cost Canadians billions of dollars annually, and these costs need to be minimized and managed by the human resource department. Direct and indirect costs include incident, investigation, damage, replacement, and production costs. Other costs can include these: unhealthy behaviour, work stoppages and strikes, negative publicity resulting from a death or serious public health problem, failure to retain employees, emotional impact, and increased WCB insurance premiums. Employers are legally responsible for ensuring the health and safety of all their workers. An employer must take all care and precautions that are reasonable in the circumstances to protect the well-being of workers or coworkers to meet the legal OH&S standard of due diligence. An ongoing OH&S program that controls specific hazards in the workplace forms the basis of due diligence. An employer that has all the OH&S program elements required by legislation, in effect and working well, is acting with due diligence. The minimal OH&S program elements include these: statement of aims and responsibilities, inspection of premises, equipment, and work, written instructions, management meetings, investigation of accidents/incidents, maintenance of records and statistics, and instruction and supervision of workers. 4. Who are the stakeholders in health and safety? What roles do they play? Answer: The major OH&S stakeholders are government, educators, parents, students, unions, industrial accident prevention associations and safety alliances, health and safety professionals, suppliers, health and safety committees, and community groups, as well as employers and workers. The two main goals of government OH&S legislation are: to ensure that injured workers receive compensation and that employers accept liability, and to prevent accidents and illness by establishing safe work environments. The federal government created the Canadian Centre for Occupational Health & Safety (CCOH&S) as a vital H&S research and resource organization: visit www.ccohs.ca. The employer, owner, or management team plays the most critical role in OH&S because they have the authority and responsibility to ensure legislative compliance. They are responsible for the following: providing and displaying a written OH&S policy; providing and maintaining equipment, materials, and protective devices; ensuring and monitoring safe work practices; reporting occupational injuries and illnesses; establishing OH&S committees; and providing OH&S training for management and workers. Employees have multiple roles, both as individuals and as members of organized groups. Workers are responsible for performing their duties and tasks in a safe and responsible manner, wearing protective equipment in compliance with company and legislative regulations, reporting defective equipment and other workplace hazards to the employer, and exercising the right to refuse to carry out a dangerous activity. OH&S committees and organized labour bring emerging OH&S problems and issues to the attention of governments and employers and pressure other stakeholders to take corrective actions. Stakeholders can support safe working conditions by collaborating and sharing information, resources, and expertise with other OH&S stakeholder groups. Visit www2.worksafebc.com/Topics/YoungWorker/Resources-YoungWorkers.asp. Using The Internet 1. How do organizations treat occupational health and safety? Find the websites for major corporations in your area. Search them for information on health and safety. Who in the organization administers health and safety programs? What kinds of programs are in place? Answer: OH&S is almost exclusively formally managed under the human resources function in large organizations and informally managed by management in smaller organizations. Health and safety a critical responsibility of all human resource management for these reasons: It is a people issue. It requires legislative compliance. It requires integration with other human resource functions. It increases OH&S benefits and decreases costs. It is about building a strong health and safety culture. It is part of the business plan. It is about change management. Exercises 1. For one week, read the local newspapers and listen to the news. Make a note of the main topic of every article or item relating to occupational health and safety. What roles are the media playing? What OH&S issues are most likely to gain attention? Give reasons for your answers. Answer: The media provide a wide range of programming (online, paper, and newscasts) that informs and enlightens citizens around the world about OH&S issues. They make a powerful impact on OH&S by bringing legal, environmental, and public health concerns immediately to the public’s attention. They inform and help citizens deal with emergency situations. They help society exchange ideas, opinions, and information through news articles, opinion pieces, to letters to the editor. The media increase public awareness of OH&S issues and share the public’s OH&S concerns, opinions, and perspectives. The CBC Westray news article (“Remember Westray victims with better safety: miners”) can be found atwww.cbc.ca/canada/story/2002/05/09/westray_ten020509.html. 2. Interview a human resources manager about occupational health and safety. What is HR’s role in the effective management of occupational health and safety at work? What HR functions are involved in meeting health and safety requirements? Answer: Occupational health and safety is usually managed under the HR function for these reasons: It is a people issue. It requires legislative compliance. It requires integration with other human resource functions. It increases OH&S benefits and decreases costs. It is about building a strong H&S culture. It is part of the business plan. It is about change management. An HRM’s role is to understand and implement effective OH&S systems, policies, programs, and initiatives that are part of the organization’s strategic approach. OH&S is an integral part of all HRM functions, including these: legislation review, job analysis (i.e., identify hazards of the job), change management, orientation and training, labour relations, benefits (i.e. provide benefits to support OH&S), performance management (i.e., make safety a performance criterion), disability management, claims management (i.e., employer OH&S affects costs), recruitment and retention, developing policies and procedures (safe work practices), accident inspections and investigations, safety leadership, climate and culture, motivating safety behaviour, wellness practices, retention and turnover (a healthy environment enhances recruitment and retention), and strategic management. Cases Case 1: Production or Safety? Students can review the case and answer the questions at the end of the case: (e.g., Who is at fault here? What can be done to ensure that similar incidents will not occur in the future)? Or they can approach the case from an inspection point of view and develop a list of critical questions (5 W’s and How) to determine who was at fault and what can be done to ensure that similar incidents do not occur in the future. Ask students to identify which questions will help them recognize the root causes of the accident. To determine who is at fault, and what can be done to ensure that similar incidents will not occur in the future, an inspection needs to be done by the plant manager. Asking the question, “What can the owner, management supervisor, and employee do to prevent the accident from recurring?”, can identify the root cause of the accident. The safety inspection must identify as many root causes as possible by including human (i.e., unsafe acts), situational (unsafe conditions), and environmental factors (i.e., physical, chemical, biological, ergonomic). Inspections must be done on a regular basis. An important question to ask in this case is, “Was additional care and attention paid to inspections due to the workplace changes resulting from increased production levels?” Employers are legally responsible to ensure the health and safety of all their workers. They must establish a health and safety program that incorporates OH&S into the organization’s business planning, strategies, and systems, and they must establish plans, policies, and procedures to control hazards once they have been identified. An important question to ask in this case is, “Was the owner and management team showing due diligence and a commitment to employee safety?” They should have been aware of the changing conditions to increase production and the various procedures necessary to carry out the work processes safely. Another important question to ask in this case is, “Was there an OH&S program, and did supervisors receive training concerning the new workplace conditions?” Policies, procedures, inspections, health and safety committees, training, maintenance of records, and investigations are the core elements of an occupational health and safety program. A joint OH&S committee is required when 20 or more workers are regularly employed in the workplace. Was there a committee established to identify and resolve health and safety programs in the workplace? The supervisors should do inspections continuously each time they pass through the production area. They are accountable for the safety of workers under their control, and they should have identified the risk factors involved in increasing production. They should have been constantly looking for and correcting any hazards that might arise, such as workers’ unsafe acts (i.e., not wearing protective equipment), unsafe conditions (i.e., the soldering process), and environmental factors (i.e., use of chemicals). Did the supervisor ensure that the employee was adequately trained and aware of all the health and safety hazards? The employee needs to understand his principal rights and responsibilities: to refuse dangerous work without penalty, to participate in identifying and correcting health and safety problems, and to know about hazards in the workplace. Was the employee aware of the risks and hazards involved in working with chemicals and neglecting to wear proper eye protection? Did the employee show a lack of precaution, poor judgment, or inappropriate behaviour? Did the employee deviate from standard job procedures or practices that would require disciplinary action from the supervisor (i.e., failure to use personal protective equipment)? While the employer is ultimately responsible for the overall safety of all the employees, the supervisor is responsible for ensuring the OH&S of all workers under his/her supervision, and the employee is responsible for following safe workplace procedures and reporting health and safety problems to the Health and Safety Committee that is responsible for identifying and recommending solutions. A safe workplace is the shared responsibility of the employer, supervisor, worker, and Safety Committee. Case 2: Do We Need Health and Safety? This case is an example of a communication and interest conflict that has arisen due to lack of information and perceived or actual incompatibility of interests (different ways of managing workplace health and safety in an office work environment). This is a complex situation that requires understanding and developing strategies based on many workplace environment variables, which can range from the organizational culture and context to leadership style to interpersonal relationships, power dynamics, and motivation. The employee should approach this situation in a collaborative and cooperative way, with attention given to improving working relationships and increasing OH&S awareness and understanding, while reducing defensiveness and resistance, or the escalation of conflict. The employee would initially want to listen and seek out the manager’s point of view, interests, and expectations concerning employee health and safety and then share her knowledge of the economic, legal, and moral importance of managing occupational health and safety. The employee should share some examples of specifically researched economic, social, and legal benefits associated with office injuries and illnesses (i.e., computer vision syndrome, repetitive strain and back injuries) and the importance of the identification, evaluation, and control of hazards (i.e., ergonomics) associated with office and computer workstation environments. She would want to discuss the employee’s right to and employer’s responsibility for safe working conditions under provincial and federal legislation. She would begin the discussion by referring to the three principal employee rights and her legal responsibility to participate in identifying and correcting OH&S problems. Further discussions could focus on the legal requirement of due diligence, occupational health and safety programs, and the development of a Joint Occupational Health and Safety Committee. The goal would be to create an organization that supports workplace health and safety through the delicate balance of enforcement and empowerment. CHAPTER 2 Legislative Framework Essential Outcome After completing the lesson on this chapter, if nothing else, students should be able to identify the origins and sources of the laws, rules, and procedures governing occupational health and safety in Canada, and distinguish between the various roles, duties, and responsibilities of the major stakeholders involved in health and safety governance. Learning Outcomes After completing this chapter, students should be able to: describe the regulatory framework surrounding occupational health and safety outline the duties of the major stakeholders under occupational health and safety legislation describe the structure and role of joint health and safety committees list and describe the three central elements of a WHMIS program describe the purpose and basic provisions of the transportation of dangerous goods acts Key Concepts Occupational health and safety in Canada is regulated both federally and provincially, with each jurisdiction responsible for creating and enforcing a variety of acts, regulations, guidelines, standards, and codes. The majority of workers in Canada are regulated by provincial or territorial legislation. Acts are pieces of legislation (laws) enacted by a specific level of government (federal, provincial, or territorial); regulations explain how the act is to be applied; guidelines and policies set out specific rules for application; and standards and codes provide reference points for specific fields. All Canadian occupational health and safety legislation includes the elements of the act itself; descriptors of who has the power to enforce the act; statements outlining the rights of workers to refuse to do unsafe work and to be protected from reprisals for doing so; and a description of the duties and responsibilities assigned to employers and other stakeholders. Occupational health and safety legislation in Canada is heavily based on the concept that each of the stakeholders (employers, owners, contractors, supervisors, and workers) has significant responsibility for ensuring a safe workplace and for taking a proactive role in the identification of hazardous situations and the prevention of workplace accidents. The establishment and use of joint health and safety committees illustrates how the joint responsibility concept is put into force. The right to know, the right to participate, and the right to refuse are the three cornerstones of the system. The Workplace Hazardous Materials Information System (WHMIS) is designed to protect workers by providing them with the right to know about potentially hazardous materials with which they may come into contact, and with information to assist with the safe handling, use, and storage of these materials. The WHMIS program consists of product labelling, material safety data sheets (MSDSs), and employee training. Federal, provincial, and territorial legislation also exists specifically for the transportation of dangerous goods. As goods are often shipped across provincial borders, it is incumbent upon companies and their agents and employees who are involved in shipping and transporting such materials to be fully conversant with the various laws and acts with which they must comply. Student Motivation “Where do the laws and rules come from that help keep us safe at work?” That may not be a question many students will have considered, but virtually every student who has ever had a job will in one way or another have been impacted by the answer to this question. Perhaps the issue of workplace safety will be somewhat taken for granted by some students, who may have never paused to consider the mechanisms of legislation and the duties and responsibilities laid out therein. When this fundamental question is framed in such a way, students may be motivated to explore the answers a little more deeply. Barriers to Learning The topic of legislation, laws, and acts may seem quite “dry” to some students, and they may have difficulty feeling any sort of personal connection or relation to them. Others may have taken courses in civics, political science, or other subjects where the process of creating laws and governance is studied, and perhaps found the subject not all that interesting to them. Finally, the mix of jurisdictional authority for occupational health and safety legislation between the federal and provincial/territorial governments may confuse students. Engagement Strategies and Lesson Plan Engaging Students at the Outset Learning objective: At the completion of this activity students will have gained an appreciation for the consequences of workplace accidents, and will have considered the roles and responsibilities of employers, supervisors, and workers in their prevention. To introduce students to the key concepts in this chapter, show the video The Supervisor (available for download from WorkSafe BC—see Additional Resources below). This video puts a very human face on the topic of responsibilities for workplace safety, which may serve to engage some learners by helping them see and appreciate the need for laws, rules, and policies designed to protect workers from serious injury or death. At the conclusion of the video, give students the opportunity to debrief in pairs or small groups before facilitating a class discussion. 2. Lesson Engagement Strategies Learning objective: At the completion of this activity, students will have been able to identify the major stakeholders in occupational health and safety, and list their primary duties and responsibilities for OH&S. Provide students with a blank graphical organizer such as a radial list (available in “SmartArt” in MS Word) with six smaller circles radiating out from the central circle. Either individually, in pairs, or in small groups, have students label the graphic organizer beginning with Duties and Responsibilities of the Major Stakeholders in the primary circle, and various stakeholders (described on pages 29–32) in the smaller circles. Have them continue to add the specific duties and responsibilities listed in the chapter next to each of the secondary circles. Students may work collaboratively, but have each student label and complete his/her own organizer. After this, review the organizer with the students against the material in the chapter to ensure completeness. Encourage students to retain the graphic organizer to use as a study and review tool. This activity can be used to supplement or replace the activity described in Section D, Duties and Responsibilities of the Major Players, in the Lesson Plan Notes and Lecture Outline below. b. Learning objective: At the completion of this activity, students will have reviewed and discussed the issue of work refusals and the laws and policies related to the issue from a variety of perspectives. Using material from the Ontario Ministry of Labour titled Part V: Right to Refuse or to Stop Work Where Health and Safety in Danger (available on the Ontario Ministry of Labour website—see link below under the Additional Resources section), divide students into similar-sized groups and assign each group a section of the material to review, synthesize, and present to the other groups. Suggested allocation of the material is to have one or two groups work with the question-and-answer section (divide the questions in two); another group work with the section dealing with the typical work refusal process (diagram); another group work with the section on the right to stop work; and the final group work with the section dealing with unilateral work stoppage. In a large class, consider having more than one group tackle each section, but have all groups present their summaries with a focus on adding to the understanding of the information being summarized. Have each group record its summary on flip chart paper to aid in the presentations. c. Learning Objective: At the completion of this activity, students will be able to identify the key features and information contained in a WHMIS label and on a Material Safety Data Sheet, and be able to interpret the WHMIS hazard symbols when these are presented to them visually. In addition to the examples provided in the text, circulate copies of sample WHMIS supplier labels and Material Data Safety Sheets (available for download from the Health Canada website—see links below under Additional Resources section). In pairs or small groups, have students analyze the samples and identify the features against those described in the text. Finally, quiz students on the WHMIS hazard symbols (also available from the Health Canada website—link provided below) and have them identify the meaning of each symbol. 3. Lesson Plan Notes and Lecture Outline Introduction—Overview of the Regulatory Framework for Occupational Health and Safety Refer to Occupational Health and Safety Notebook 2.1 to provide students with an overview of the regulatory framework for occupational health and safety in federal, provincial, and territorial jurisdictions. Use PowerPoint slides and access websites to define and give examples of acts, regulations, guidelines and policies, standards, and codes. Discuss the scope and common elements (list) that are included in all Canadian occupational health and safety legislation using PowerPoint slides. B. Canadian Government Departments Responsible for Occupational Health and Safety Ask students what act, regulation, and enforcing bodies are responsible for occupational health and safety legislation in their jurisdiction. Referring to the OH&S Notebook 2.3, access your provincial or territorial jurisdiction’s website (e.g., BC Workers Compensation Act, OH&S Regulation, WorkSafe BC [www.worksafebc.com]). Provide students with an overview of the administrative structure of the act and regulations as these relate to enforcement, education, and compensation. You will want to refer to the index and users’ guides so that students become familiar with how to find the legal requirements for various workplaces. Short videos/DVDs, such as the WorkSafeBC DVD The OH&S Regulation: How to Use It, are available through the government departments in the different jurisdictions. C. Work Refusals and Workers and Employers Rights (See Lesson Engagement Strategy b, above) D. Duties and Responsibilities of the Major Players Divide students into six groups, representing the major players in occupational health and safety listed below. They can use their text and other publications (printed or online) on OH&S legislation in their jurisdiction (e.g., WorkSafeBC publications: “OH&S Regulation,” “The Summary of OH&S Requirements for Small Business,” and “Safety on the Job Is Everyone’s Business: The Responsibilities of Employers, Supervisors and Workers” [www.worksafebc.com/publications]) to discuss and then present to the class the duties and responsibilities of the following: Employers/Owners/HRMs Employees Suppliers Joint Health and Safety Committee / Worker Representatives Supervisors Contractors/Subcontractors Refer to the End-of-Chapter Discussion, Question 4, and Using the Internet Question 1. It is the employer’s legal obligation to ensure the workplace is safe. Employers are responsible for ensuring the health and safety of all workers and of any other workers at a workplace where the employer’s work is being carried out. This involves establishing an occupational health and safety program (described below), providing a healthy and safe working environment, and providing instruction and training to supervisors and workers. Business owners are responsible for providing and maintaining the land and premises being used as a workplace in a manner that ensures the health and safety of anyone at or near the workplace. According to the Workers’ Compensation Act of BC, an employer must meet the standard of due diligence. To meet the standard of due diligence an employer must take all reasonable care to protect the well-being of workers. An ongoing occupational health and safety program that controls specific hazards in the workplace forms the basis of due diligence. An employer that has all the occupational health and safety program elements required by the regulation, in effect and working well, is acting with due diligence. The minimum occupational health and safety program elements are outlined below: Statement of Aims and Responsibilities Inspection of Premises, Equipment, and Work Written Instructions Management Safety Committee Meetings Investigation of Accidents/Incidents Maintenance of Records and Statistics Instruction and Supervision of Workers E. Workplace Hazardous Materials Information System (WHMIS) Ask students if they have received training in the Workplace Hazardous Materials Information System. Ask them for details about what they learned, referring the class to Figures 2.1, 2.2, 2.3, and 2.4 as specific information is gathered from the student’s experiences. Provide an overview of WHMIS legislation. WHMIS is a nationwide program that provides information about the use of hazardous materials (controlled products) in the workplace. Labels, Material Safety Data Sheets (MSDSs), and worker education and training are the three communication elements of WHMIS. Labels on controlled products alert workers to potentially hazardous products. MSDSs provide workers with detailed hazardous ingredients, as well as information on the safe handling of the product. Education and training provides employees with the information and practices that they need to work safely with controlled products. Students can receive certification in WHMIS by completing a three-hour classroom or online training session and paying a minimal fee. This would provide students with the basics of WHMIS as well as an effective way to learn how to work safely with and near hazardous materials. Around one-quarter of Canadian workers are exposed to chemical and biological hazards on the job. WHMIS is a good introduction to the chapters on chemical and biological hazards. WorkSafeBC provides a booklet titled “WHMIS at Work,” an instructional Video/DVD, and WHMIS information at the WORKSAFE Health and Safety Centre (www.worksafebc.com/publications). Other jurisdictions provide similar useful student and instructor training resources. A summary WHMIS quiz for students could include any of the following questions: What does WHMIS stand for? List and describe the three central elements of a WHMIS program. Answer: WHMIS is the Workplace Hazardous Materials Information System, a nationwide program providing information about the use of hazardous materials (controlled products) in the workplace. Labels, Material Safety Data Sheets (MSDSs), and worker education and training are the three communication elements of WHMIS. Labels on controlled products alert workers to potentially hazardous products, MSDSs provide workers with detailed information on the hazardous ingredients and safe handling of products, and education provides employees with the information and practices they need to know to work safely with controlled products. Employees who are successfully trained in WHMIS should be able to answer four key questions. What are those questions? Answer: What are the hazards of the product you are using? How do you protect yourself? What should you do in case of an emergency or spill? Where do you get more information on this product? List the three main WHMIS participants and explain how they are involved in implementing WHMIS into the workplace. Answer: Suppliers must provide a Material Safety Data Sheet (MSDS) and WHMIS labels for each controlled product they sell or produce. An MSDS is a technical bulletin that provides detailed hazard and precautionary information for a controlled product. An MSDS supplements the alert information provided on the WHMIS Label. Employers must keep MSDSs on site for all controlled products, make sure that controlled products are properly labelled, ensure that employees know the location of MSDSs and written safe work procedures for each controlled product, and ensure that employees are educated and trained so that they understand the information on MSDSs and WHMIS labels. Employees must learn the information provided and follow safe work procedures. F. Federal and Provincial or Territorial Statutes Relating to Environmental or OH&S Management Refer to the OH&S Notebooks 2.7 and 2.8 and provide students with an overview of the federal and provincial or territorial statutes relating to environmental or OH&S management. Describe the purpose and basic provisions of the transportation of dangerous goods acts. Engage students in a discussion about the differences between the responsibilities assigned to companies under occupational health and safety legislation and those assigned under environmental legislation. Occupational health and safety legislation states that employers are responsible for ensuring the health and safety of all workers and any other workers at a workplace where the employer’s work is being carried out. They are also responsible for providing and maintaining the land and premises being used as a workplace in a manner that ensures the health and safety of anyone at or near the workplace. Environmental legislation states that employers must take all reasonable care to protect the environment and the public’s health. Corporations are criminally liable if they pollute the natural environment. Environmental legislation affects the environment, employees, and the public. Bill C-45, the Westray Bill, passed in 2003, is an act that amended the Criminal Code and established a duty in criminal law for organizations to protect the health and safety of everyone in the workplace. The act states that the employer must take reasonable steps to ensure the health and safety of its workers. This act broadens all legislation to address any current or unresolved workplace health problems, not just disasters and deaths. Employers must not expose workers to the risk of illness, disease, or death. G. Corporate Liability Refer students to Occupational Health and Safety Today 2.3, and provide an overview of Bill C-45, the “Westray Legislation.” Bill C-45, which went into effect on November 7, 2003, is an act that amended the Criminal Code and established a duty in criminal law for organizations to protect the health and safety of everyone in the workplace. Have students form small groups to discuss the following question: “What impact do you think this legislation is having on organizations and HRMs?” Bill C-45 came about because OH&S laws had not prevented the Westray Mine Tragedy (during which 26 coal miners lost their lives in 1992) not had it punished those guilty for the disaster (owners and managers). This was a weakness in the legal system. It was the failure of the organization to put health and safety before company profits and short-term economic gain and of a management style and culture that emphasized production over safety. The following outlines the impact of this new law: It states that “the employer must take reasonable steps to prevent bodily harm to any person arising out of work” (217.1). It proposes severe penalties of up to 10 years imprisonment for bodily harm and life imprisonment for death if an employer fails to protect the H&S of the worker. It broadens the scope of who is responsible for worker OH&S to all levels of management and everyone else who directs the work of others. Organizations (i.e. owners, senior officers, directors, and managers) can be charged with criminal negligence if they fail to maintain an appropriate standard of OH&S in the workplace. It broadens all legislation to address (ensure protection) any current or unresolved workplace health problems (not just disasters and deaths), which can range from second-hand smoke to stress. Employers must not expose workers to the risk of illness, disease, or death. It supports unions’ historical fight for worker health and safety and their raising of workplace OH&S concerns (visit United Steel Workers, www.uswa.ca). Training was not provided prior to the Westray disaster. This new legislation supports the importance of OH&S training, which is emphasized in all OH&S jurisdictions. It supports OH&S legislation (BC Workers Compensation Act, Part 3, Division 3, General duties of employers, 115), which states that “every employer must provide to the employer's workers the information, instruction, training and supervision necessary to ensure the health and safety of those workers in carrying out their work and to ensure the health and safety of other workers at the workplace.” It supports provincial or territorial and federal legislation requiring employer due diligence through the implementation of all the elements of an OH&S program. Due diligence requires a business to foresee all unsafe conditions or acts, and requires it to take precautions to prevent accidents that can reasonably be anticipated. An ongoing OH&S Program that controls specific hazards in the workplace forms the basis of due diligence. In British Columbia (as an example), an employer that has a minimum of the following OH&S program elements required by the BC Occupational Health and Safety Regulation (Occupational Health & Safety Regulation: Part 3, Section 3.3), in effect and working well, is acting with due diligence: Statement of Aims and Responsibilities Inspection of Premises, Equipment, and Work Written Instructions Management Meetings Investigation of Accidents/Incidents Maintenance of Records and Statistics Instruction and Supervision of Workers It supports the importance of the strategic management of OH&S (education, legislative compliance, integration with other human resource functions, cost containment, safety leadership and culture, and managing change). Visit Bill– C45, clearly described as a single statute in the Criminal Code of Canada, hwww.parl.gc.ca/37/2/parlbus/chambus/house/bills/government/C-45/C-45_4/90234bE.html. Assessment Tools To quickly assess student learning against the chapter learning outcomes, at the end of the class: Ask students (without referring to their notes) to define an act, a regulation, guidelines and policies, and standards and codes. Call on students, assigning them a stakeholder role (i.e. supervisor), and ask them to briefly outline one or more of their responsibilities for occupational health and safety (call on other students to help elaborate, expand, or clarify as needed). Continue for each of the stakeholder groups (employers, owners, and contractors; supervisors; and workers). Ask students to briefly describe the purpose and function of joint health and safety committees. Reflections on Teaching Good teaching requires ongoing self-assessment and reflection. At the completion of this lesson, you may find it helpful to reflect on the following, and consider whether you want or need to make any adjustments for subsequent lessons. What worked in this lesson? What didn’t? Were students engaged? Were they focused or did they go off on tangents? Did I take steps to adequately assess student learning? Did my assessments suggest that they understood the key concepts? What (if anything) should I do differently next time? How can I gather student feedback? How can I use this feedback for continuous improvement of my teaching? Additional Resources Weblinks Ontario Ministry of Labour website: Part V: Right to Refuse or to Stop Work Where Health and Safety in Danger, www.labour.gov.on.ca/english/hs/pubs/ohsa/ohsag_part5.php. Health Canada website: Environmental and Workplace Health—Supplier Labels, www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/supplier-fournisseur-eng.php. Health Canada website: Environmental And Workplace Health—Do You Know These Vital Signs? www.hc-sc.gc.ca/ewh-semt/occup-travail/whmis-simdut/symbols-signaux-eng.php. Videos WorkSafe BC DVD. “The Supervisor.” This 15-minute documentary-drama examines a supervisor’s responsibility for workplace health and safety. It depicts the emotional, legal, and financial consequences of a fictionalized workplace accident that results in the death of a young worker (2004). The video and class discussion guide can be downloaded from www2.worksafebc.com/Topics/YoungWorker/Resources-YoungWorkers.asp. A list of other DVD titles can be accessed at WorkSafeBC Library Services: www.worksafebc.com/about_us/library_services/assets/pdf/videos_titles.pdf. Suggested answers to cases and exercises Discussion Questions What are the three fundamental workers’ rights that underlie most health and safety legislation? Answer: The right to refuse dangerous work without penalty. The right to participate in identifying and correcting health and safety problems. The right to know about hazards in the workplace. What is the difference between the responsibilities assigned to companies under occupational health and safety and those assigned under environmental legislation? Answer: Occupational health and safety legislation states that employers are responsible for ensuring the health and safety of all workers and any other workers at a workplace where the employer’s work is being carried out. They are also responsible for providing and maintaining the land and premises being used as a workplace in a manner that ensures the health and safety of anyone at or near the workplace. Environmental legislation states that employers must take all reasonable care to protect the environment and the public’s health. Corporations are criminally liable if they pollute the natural environment. Environmental legislation affects the environment, employees, and the public. Bill C-45, the Westray Bill, passed in 2003, is an act that amended the Criminal Code and that established a duty in criminal law for organizations to protect the health and safety of everyone in the workplace. The act states that the employer must take reasonable steps to ensure the health and safety of its workers. This act broadens all legislation to address (so as to ensure protection) any current or unresolved workplace health problems not just disasters and deaths. Employers must not expose workers to the risk of illness, disease, or death. 3. What three components make up WHMIS compliance? Answer: WHMIS is the Workplace Hazardous Materials Information System, a nationwide program providing information about the use of hazardous materials (controlled products) in the workplace. Labels, Material Safety Data Sheets (MSDSs), and worker education and training are the three communication elements of WHMIS. Labels on controlled products alert workers to potentially hazardous products, MSDSs provide workers with detailed hazardous ingredient lists and information on the safe handling of the product, and education provides employees with the information and practices they need to know to work safely with controlled products. 4. Describe the structure and role of joint health and safety committees. Answer: Legislative mandatory requirements for joint health and safety committees are outlined in the OH&S Notebook 2.6 and are expanded on in each jurisdiction’s occupational health and safety legislation (websites are listed in OH&S Notebook 2.5). The BC Occupational Health and Safety Regulations state that a joint health and safety committee is required when 20 or more workers are regularly employed in the workplace or when ordered by the board. Small businesses with more than 9 and fewer than 20 regular workers must have a designated worker health and safety representative. Small businesses with 9 or fewer regular workers are not usually required to have a worker health and safety representative unless a WorkSafeBC prevention officer determines that the business does require a representative, where there is high-risk work, a large number of injury claims, or repeated noncompliance with the regulation. A committee is made up of a minimum of 4 members that represent both the employer and the workers. The primary role of these committees is to provide a collaborative atmosphere where employers, managers, unions, and employees can work together to ensure the workplace is safe. Although employers are ultimately responsible for occupational health and safety programs, worker health and safety representatives and joint health and safety committees have the following duties and functions: to identify and evaluate unhealthy or unsafe situations; to identify and recommend solutions to health and safety problems or complaints; to promote safe work practices; to recommend ways to improve the health and safety program; to promote compliance with regulations; and to participate in inspections and accident investigations. Committee members are allowed paid time from work to perform their functions and duties and to attend (8 hours annually) occupational health and safety courses Using the Internet What legislation applies in your jurisdiction? Find the body responsible for occupational health and safety and review the legislation. What are the major provisions and their implications for employers? For employees? For human resource managers? Answer: Students will want to refer to OH&S Notebooks 2.1 and 2.2 to find their provincial, territorial, or federal jurisdiction website (i.e., BC Workers Compensation Act, OH&S Regulation, and WorkSafe BC, www.worksafebc.com). Students should be able to describe the administrative structure of the act and regulations as it relates to enforcement, education, and compensation. The scope of legislation differs in each Canadian jurisdiction. The following describes the major provisions and their implications for employers, owners, contractors, employees, human resource managers, and supervisors in British Columbia. Employers are responsible for ensuring the health and safety of all workers at a workplace where the employer’s work is being carried out. This involves establishing an occupational health and safety program, providing a healthy and safe working environment, and providing instruction and training to supervisors and workers. Business owners are responsible for providing and maintaining the land and premises being used as a workplace in a manner that ensures the health and safety of anyone at or near the workplace. They must ensure that employers and prime contractors at the workplace have all the information they need to identify, eliminate, or control occupational health and safety hazards. When work areas of two or more employers overlap, the owner of the site must coordinate health and safety activities. Contractors or subcontractors must be registered with WorkSafeBC. Supervisors are responsible for ensuring the health and safety of all workers under their direct supervision. They must ensure that workers follow the requirements of the Act and Regulation and that they are aware of any health or safety hazards in the workplace. They must conduct regular staff safety meetings, workplace inspections, and incident investigations, correct unsafe acts and conditions, and ensure that workers are adequately trained and are qualified to safely perform their duties. Workers are responsible for protecting their own health and safety as well as the health and safety of other people who may be affected by the work being done. They must learn and follow safe work procedures, use and maintain personal protective equipment as required, report hazards to their supervisor or employer, and participate in workplace inspections and incident investigations as required. The legislation governing occupational health and safety (OHS) varies by jurisdiction, but in many regions, it is managed by a specific body such as the Occupational Safety and Health Administration (OSHA) in the U.S., or the Health and Safety Executive (HSE) in the UK. Major provisions typically include: • Employer Responsibilities: Ensure a safe workplace, provide necessary training, comply with safety standards, and report incidents. • Employee Rights: Right to a safe work environment, access to training, and ability to refuse unsafe work without fear of retaliation. • HR Managers' Role: Ensure compliance with OHS regulations, develop safety policies, provide training, and handle safety-related issues effectively. The implications include legal compliance, financial costs for safety measures, and promoting a culture of health and safety to prevent accidents. WHMIS training is widely available online. Using a search engine and key words such as “WHMIS online training,” find a local provider of online WHMIS training. Answer: You can have the students complete this exercise at home and then share their online WHMIS training websites and experiences with Internet-based learning with the other students in the class. You can access online WHMIS (Workplace Hazardous Materials Information System) training from several providers. For example, Danatec offers self-paced, mobile-friendly courses for $29.95 CAD, allowing you to become certified the same day. The course includes interactive elements like videos and games, making it engaging and easy to follow. Another option is safety-first, which offers industry-recognized WHMIS training for $22.95 CAD per worker. Their platform is accessible 24/7, and they provide both individual and group training options, depending on your needs. Both providers are recognized in Canada and meet regulatory requirements. Exercises Health and safety legislation can be crafted following different approaches. One approach is to force compliance through establishing standards, conducting rigorous inspections on a regular basis, and harshly punishing failures to meet the established standards. A second approach is to facilitate self-reliance by providing parties with the information and resources necessary to monitor and enhance health and safety in their workplaces. What are the relative merits of these two approaches? What advantages/disadvantages accrue under each system? What is the appropriate balance between enforcement and encouragement? Answer: Effective occupational health and safety needs to be part of the organization’s culture. Culture is an organization’s shared values and beliefs about the way employees think and act within the organization. The organization’s beliefs and expectations concerning occupational health and safety strongly influence whether employees act safely or not. The goal is to have occupational health and safety as part of the business plan and for it to be a core value held by managers and employees at all levels. An organization’s culture is a reflection of its leaders, values, and vision. HRM practices (i.e., hiring, orientation, training, and performance evaluations) should support these organizational expectations. An organization’s occupational health and safety culture is a mix of formalized rules, controls, autocratic decision-making, and enforcement at one end of the continuum and a mix of self-reliance, motivation, participatory decision making, and internalized commitment on the other end. Organizations are very diverse and are made up of a mixture of enforcement and self-control processes and practices. Legislation and compliance may be needed when organizations and employees have limited understanding or commitment towards occupational health and safety. Legislation outlines what employers and employees are accountable for without moral buy-in. Self-monitoring builds employee ownership, initiative, and self-responsibility. The measure of occupational health and safety would be a delicate balance of compliance while embracing shared perceptions of the importance of safety. Dupont has received recognition as an organization that has taken ownership and responsibility for occupational health and safety. Cases Case 1: Workplace Tragedy This is a high-risk work environment that involves high-risk occupational health and safety work practices. It is the employer’s legal obligation to ensure that the workplace is safe. Employers are responsible for ensuring the health and safety of all workers and any other workers at a workplace where the employer’s work is being carried out; this involves establishing an occupational health and safety program (described below), providing a healthy and safe working environment, and providing instruction and training to supervisors and workers. Business owners are responsible for providing and maintaining the land and premises being used as a workplace in a manner that ensures the health and safety of anyone at or near the workplace. According to BC’s Workers’ Compensation Act, an employer must meet the standard of due diligence. To meet the standard of due diligence, an employer must take all reasonable care to protect the well-being of workers. An ongoing occupational health and safety program that controls specific hazards in the workplace forms the basis of due diligence. An employer that has all the occupational health and safety program elements required by the Regulation in effect, and working well, is acting with due diligence. The minimum occupational health and safety program elements are outlined below: Statement of Aims and Responsibilities Inspection of Premises, Equipment, and Work Written Instructions Management and Safety Committee Meetings Investigation of Accidents/Incidents Maintenance of Records and Statistics Instruction and Supervision of Workers The employer/HRM must promptly conduct an accident investigation (and also investigate past accidents and continue to investigate all incidents and near misses). These investigations will help determine why the accident (or incidents/near misses) happened so that the employer/HRM can ensure that these accidents will not occur in the future. An accident report needs to be completed that includes recommendations for corrective measures. Fatalities are rare, but incidents and near misses are very common. The employer allowed the accident-prone crane to continue to operate without taking any action to ensure the safety of the workers. The focus should have been on correcting the incidents and near misses so that lost time accidents, permanent disabilities, and fatalities do not occur. The employee failed to identify and correct the risks and hazards. This case illustrates the importance of leadership, communication, and business decisions that support workplace occupational health and safety. The employer/HRM must establish an occupational health and safety program, keeping in mind that an occupational health and safety program is more than a written document and must be part of employee behaviour (involvement and accountability). It must meet the standards of due diligence. Refer to the WorkSafeBC booklet “Effective Health and Safety Programs—The Key to a Safe Workplace and Due Diligence” at www.worksafebc.com/publications. Case 2: Work Refusal at Regional Hospital An employee may refuse to carry out any task they believe is unduly hazardous to the health and safety of any person, in which case, he or she must inform the employer. The employer/HRM must immediately investigate and correct the situation without delay. The employer/HRM is required to develop and implement an exposure control plan to address the specific risks and hazards faced by workers in these work settings. Employees need to be educated and provided with specific information from specialists and experts concerning health and safety issues about their workplace. They need to be shown how to prevent unsafe conditions and provided with examples of safe work practices. Objective and immediate communication channels and staff forums need to be established where employees can talk about these concerns and what they feel uncomfortable about. All fears, concerns, social issues and discomfort, biases, and beliefs need to be dealt with until the employees feel safe. The critical issue in this situation is that the employees were afraid to enter their workplace. They believed that their workplace was unsafe, whether it was or was not safe. Unless the employer/HRM conducts a thorough investigation, educates the employees, and implements an exposure control plan in which the employees feel safe, the work refusal will continue. The organization may need to include controls that may not be necessary but make the employees feel safe. If a worker refuses to perform a task that he or she believes is unsafe, the employer can suggest another approach, but cannot discipline, reduce the worker’s wages, change working hours, or suspend the worker. The regulation also provides the following rights to employees: job-protected leave, no penalties for emergency leave, and payment for those not working because of quarantine (WorkSafeBC Occupational Health and Safety Regulation: Section 3.12 to 3.13). Solution Manual for Management of Occupational Health and Safety Kevin E. Kelloway, Lori Francis, Bernadette Gatien 9780176532161, 9780176657178