Week 10 HR

Occupational Health and Safety Legislation 

• Initiatives are part of a strategic approach to human resources management.

• Work related accident figures are staggering

Lost-time injury rate

• measures any occupational injury or illness resulting in an employee’s inability to fulfill full work assignments, not including any fatalities

Occupational health and safety laws fall into three categories: 

1. general health and safety rules, 

2. rules for specific industries (e.g., mining), 

3. rules related to specific hazards (e.g., asbestos).

Principle of joint responsibility

implicit and explicit, expectation that workers, supervisors, and employers must maintain a hazard-free work environment and enhance the health and safety in the workplace

Employer’s Role in Safety

• Due diligence is the employers’ responsibility regarding taking every reasonable precaution to ensure the health and safety of their workers. 

• File government accident reports and maintain records.

• Ensure safety rules are enforced; use progressive discipline.

• Post safety notice and legislative information

• Supervisor’s Role in Safety:

• Most jurisdictions impose a personal duty on supervisors to ensure that workers comply with occupational health and safety regulations.

• Supervisors are obliged to advise and instruct workers about safety, to ensure that all reasonable precautions have been taken to provide for the safety of all employees, and to minimize the risk of injuries or illness.

• The Employee’s Role in Safety:

• Take reasonable care of their own and coworkers’ safety.

• Wear protective clothing, report breach of regulations.

• Employee rights:

1. To know about workplace safety hazards.

2. To participate in the O H&S process.

3. To refuse unsafe work if they have “reasonable cause” to believe that the work is dangerous.

Joint health and safety committees:

• Management and labour work together to ensure a safe and healthy workplace.

• Make regular inspections of the workplace.

• Investigate employee complaints and accidents

safety-oriented culture

1. Teamwork, in the form of management and employees both involved in safety.

2. Highly visible and interactive communication and collaboration on safety matters.

3. A shared vision of safety excellence (specifically, an overriding attitude that all accidents and injuries are preventable)

4. Assignment of critical safety functions to specific individuals or teams.

5. A continuous effort toward identifying and correcting workplace safety problems and hazards.

6. Encouragement of incident reporting.

Control of Toxic Substances (W H M I S) Legislation

Workplace Hazardous Materials Information System (W H M I S) is a legally mandated system designed to protect workers by providing crucial information about hazardous materials or substances in the workplace

W H M I S components:

1. Labelling of hazardous material containers to alert workers that there is a potentially hazardous product inside.

2. Providing material safety data sheets (M S D S) to outline a product’s potentially hazardous ingredients and the procedures for safe handling of the product.

3. Completing employee training to ensure that employees can identify W H M I S hazard symbols, read W H M I S supplier and workplace labels, including reading and applying the information on an M S D S.

Enforcement of OHS Laws

• Government inspectors have power to carry out safety inspections without a warrant.

• They can issue orders to stop work, stop using tools, install first aid equipment, and stop emission of contaminants.

• Penalties consist of fines and/or jail terms.

• Bill C-45 imposes criminal liability on “all persons” who direct the work of others and fail to ensure an appropriate level of safety in the workplace.

What Causes Accidents? 

Unsafe Conditions

Other work-related factors causing accidents

• The job itself – some jobs are inherently more dangerous than others.

• Work schedules – shift work, fatigue and/or long working hours.

• Psychological climate of workplace – hostility among employees, stress causing factors, high seasonal layoff rate

Personal Characteristics affecting accidents:

• personality

• intelligence

• motivation

• motor and sensory skills

• experience

predisposing behavior tendancys

• Tendency to take risks.

• Accident proneness is situational.

• lack of specific abilities

• undesireable attitudes and habits

specific behavior in circumstances causing accidents

• inattention

• forgetful

• misperception

• failure to folllow procedures

• poor performence

• assume excessive risk

Reducing Unsafe Conditions

• First priority in workplace safety.

• Design jobs to remove or reduce physical hazards.

• Ensure employees wear personal protective equipment.

• Focus on changing employee behaviours

Reducing Unsafe Acts

• Second priority in workplace safety.

• Selection testing for job-related physical skills and abilities.

• Leadership commitment through values, resource allocation and culture based on safety.

• Training and education to ensure safety procedures are followed.

• Positive reinforcement through collecting data and providing feedback on safety performance

Before the Accident

• The appropriate time to begin safety monitoring is before the accident.

• Remove unsafe conditions.

• Screen out employees who might be accident-prone without violating human rights.

• Establish safety policy.

• Establish loss control goals

After the Accident – Facilitating Return to Work

• Provide/support first aid treatment.

• Ensure quick medical attention.

• Demonstrate concern for the injured worker.

• Document the accident.

• File required accident report.

• Work with the employee and healthcare specialists.

• Encourage speedy return to work.

• The National Institute of Disability Management and Research recommends commitment, collaboration, and creativity in managing accident events

Alcohol and Substance Abuse 

• Quality and quantity of work declines sharply; safety may be compromised.

• Balance conflicting legal obligations:

  • Alcoholism and drug addiction are disabilities under human rights laws.

  • Employers are responsible under occupational health and safety legislation.

• Alcohol and drug testing is legal only in certain situations

Guidelines for supervisors around alcohol

• Look for signs of impairment – an employee unfit for duty may be sent home but not fired on the spot.

• Make a written record of observed behaviour and follow up each incident.

• Issue a written reprimand and inform the worker of a number of warnings that may lead to termination.

• Refer troubled employees to counselling

Job Related Stress

• Causes serious consequences for both the employee and the organization.

  • Reduction in productivity, increased absenteeism, higher turnover.

• Few managers have awareness of the impact of mental health on their workplace.

• Stressed employees impact co-workers’ workloads and productivity

Sources of workplace stress

• Environmental factors – high-demand job.

• Personal factors: personality, self-esteem, health and exercise, family issues.

• Employees are asked to do more with less.

  • Work overload.

  • Time pressures and deadlines.

• Corporate climate characterized by fatigue, depression, and anxiety

Burnout

The total depletion of physical and mental resources caused by excessive striving to reach an unrealistic work-related goal.

Post-traumatic stress disorder (P T S D)

a series of symptoms that can develop after exposure to an actual or perceived threat of death or serious injury, or after a threat of injury (including physical and emotional) to self or others

• Workers’ Compensation and Stress-Related Disability Claims:

• All jurisdictions provide benefits for specific workplace incidents.

• A significant portion of chronic stress is work related.

  • Limited or no coverage for chronic stress.

• Expectation is that employers will treat employees fairly, with respect and dignity, and protect employees from psychological damage as well as physical harm

Repetitive strain injuries (R S I s)

• aches and pains associated with soft-tissue injuries (muscles, nerves, and tendons) caused by damage associated with performing repetitive motions over prolonged periods of time.

• Prevalent work-related injury due to the increasing number of workers using computers.

• Employers must advise and train workers about risks

Ergonomics

• more important in order to alleviate RSI.

• Video display terminals create new health problems such as eyestrain

Workplace Toxins

• Toxic substances are a leading cause of work-related deaths.

• Workplace smoking is a serious problem and associated with numerous health problems.

• Most jurisdictions in Canada ban smoking in the workplace.

• Viral pandemics create awareness and need for preparation by employers

• Workplace violence and the law:

• • Canadian jurisdictions have legislation in place, some of which include psychological and emotional violence.

  • Employers may be found vicariously liable.

  • Employees may be liable if they do not report incidents

Employee Wellness Programs

• Employee wellness programs take a proactive approach to employee health and well-being.

• Healthy workplace elements – physical and social environments, and health practices.

• Wellness initiatives encompass a wide variety of programs and activities.

• Focus on wellness is driven by shrinking workforce, increase in postponed retirement, increased awareness of mental health, and medical and technological advances